1.

Indian constitution, Union and states, Federal structure,

local governance

GS 2 Constitutional Articles -

Anudeep AIR [Link]

Important amendments to the Constitution

1. 7th amendment: Reorganisation of states on linguistic basis, Abolition

of Class A, B, C and D states and Introduction of Union Territories
2. 42nd amendment
1. Added three new words.
2. Added FD.
3. Made the president bound by the cabinet.
4. 323A and 323B.
5. Froze the seats in lok sabha and State legislative assemblies.
6. Added three new directive principles.
7. Shifted five subjects from the state list to concurrent list --
education, forests, environment, weights, etc.
8. Provided for creation of all-India judicial services.
3. 44th amendment
1. Constitutional protection to publication in newspaper of the
proceedings of the Parliament and State Legislatures.
2. Restored the jurisdiction of High court and the Supreme Court in
respect of judicial review and issue of writs.
3. Empowered president to send back advice of council of minister
for reconsideration.
4. Fundamental Rights Guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency. It replaced the word
“internal disturbance” with “armed rebellion”. It made president
to declare national emergency only on written recommendation of
cabinet. Duration of national emergency should not be extended
more than 6 months at a time. Also made certain procedural
safeguards with respect to national emergency and President's
rule.
5. The Right to Property was deleted from the list of fundamental
right. It is now only a legal right under the Constitution.
 6. It restored the power of judicial review of election of president,
governors and LS speaker.
4. 61st Amendment: To reduce the voting age from 21 years to 18 years.
5. 73rd and 74th amendment: PRIs and ULBs.
6. 86th Amendment: Free and compulsory education to children between
6 and 14 years.
7. 91st amendment: Anti-defection law.
8. 93rd amendment: Provided for 27 percent reservation for OBCs in
government as well as private higher educational institutions.

Historical underpinning

1. Regulating act, 1773 prohibited company civil servants from engaging

in private trade or accepting gifts, etc.
2. Charter act of 1833, for the first time called the Governor General’s
government as the Government of India.
3. Charter Act of 1853 introduced open competition for selection and
recruitment of civil servants. This was also open to Indians.
4. Indian councils act, 1861 introduced a grain of popular element by
including some non-official members in the executive council while
transacting legislative business like legislative council. It also
empowered the Viceroy to issue ordinances and also gave recognition to
the portfolio system.
5. Indian councils act, 1892 gave the legislative councils the power of
discussing the budget and addressing questions to the executive.
6. An element of election was introduced for the first time in Indian
Councils act of 1909. The 1909 act introduced a system of communal
representation for Muslims by accepting the concept of separate
electorate.
7. 1919 act demarcated the central and provincial subjects. Provincial
budget was separated from the Central budget. Through the GOI Act of
1919, bicameralism was introduced at the centre. The concept of direct
elections was introduced in the 1919 act. 1919 act provided for the
establishment of Public Service Commission (PSC). Accordingly the
Public Service Commission was set up for recruiting civil servants.
8. Under Poona pact of 1932 there shall be seats reserved for the depressed
classes out of general electoral seats in the provincial legislature.
 9. 1935 act prescribed a federation and established a responsible
Government at the centre. 1935 act also divided powers into federal,
provincial and concurrent list.

Elections

1. Elections have today become the most visible symbol of the democratic
process.
2. The reason for the popularity and success of the FPTP system is its
simplicity and familiarity. The entire election system is extremely
simple and a clear choice presented to the voters at the time of elections.
3. Also, depending on the nature of actual politics, voters may either give
greater importance to the party or to candidate or balance the two.
4. Also, in constituency based system like the FPTP, the voters know who
their own representative is and can hold him or her accountable.
5. Also, the makers of our Constitution also felt that PR based election
may not be suitable for giving a stable government in a parliamentary
system.
6. Finally, the FPTP system encourages voters from different social groups
to come together to win an election in a locality. In a diverse country
like India, a PR system would encourage each community to form its
own nation wide party.
7. But FPTP often works to the disadvantage of the smaller social groups.
This is even more significant in the Indian social context where we have
had a history of caste based discrimination. Our constitution makers
were aware of this difficulty and the need to provide a way to ensure
fair and just representation to the oppressed social groups.
8. The people who argue against the PR feel that it will not accommodate
the concerns and interests of the minuscule or smaller castes and
religions. Because of their smaller number of votes, these areas may not
get any representation in the Parliament. While FPTP may not be
representative enough, PR may put smaller and regional parties at an
unfair disadvantage.

Hybrid system

1. A hybrid/mixed system refers to an electoral system in which two

 systems are merged into one combining the positive features from more
than one electoral system.
2. Many point out that the current system reflects a “Minority democracy”
which has been ruling the country since independence. It is argued that
the majority aspirations and the will of the people is not getting
reflected in election results with the current electoral system.
3. This system is followed by various European countries successfully. Ex:
Germany.
4. The Law Commission report also have suggested that 25% or more
seats should be added to the present Lok Sabha and be filled by
Proportional Representation.

Constitution as living document

1. Too rigid a constitution is likely to break under the weight of change

and a constitution that is too flexible will give no security, predictability
or identity to people. It must strike the right balance between preserving
core values and adapting them to new circumstances.
2. Amendments made so far may be classified in three groups. In the first
group there are amendments, which are of a technical or administrative
nature and were only minor modifications of the original provisions. Ex:
Increasing retirement age of high court judges to 62 years, extending
reservations to SCs and STs by 10 years every time.
3. Second group of amendments belong to different interpretations of the
Constitution given by the judiciary and the government. When these
clashed, the Parliament had to insert an amendment underlining one
particular interpretation as the authentic one.
4. Thirdly, there is another large group of amendments that have been
made as a result of the consensus among the political parties. Ex: Anti-
defection amendment, amendment bringing down the minimum age for
voting from 21 to 18 years and the 73rd and the 74th amendments, etc.
5. Supreme court came to the conclusion that a mere text of the law is less
important than the social circumstances and aspirations that have
produced that law or document.

Philosophy of constitution
 1. It is true that all laws do not have a moral content, but many laws are
closely connected to our deeply held values. For example, a law might
prohibit discrimination of person on grounds of language or religion.
Such a law is connected to the idea of equality. Such a law exists
because we value equality. So, there is a connection between laws and
moral values.
2. We must therefore, look upon the constitution as a document that is
based on a certain moral vision. Constitution is committed to freedom,
equality, social justice, and some form of national unity. But underneath
all this, there is a clear emphasis on peaceful and democratic measures
for putting this philosophy into practice.
3. When we say that the Indian Constitution is liberal, we do not mean that
it is liberal only in the classical western sense. Western liberalism
always privileges rights of the individuals over demands of social
justice and community values.
4. The liberalism of the Indian Constitution differs from this version in two
ways. First, it was always linked to social justice. The best example of
this is the provision for reservations for Scheduled Castes and
Scheduled Tribes in the Constitution. The makers of the Constitution
believed that the mere granting of the right to equality was not enough
to overcome age old injustices suffered by these groups or to give real
meaning to their right to vote. Special constitutional measures were
required to advance their interests.
5. The Indian Constitution encourages equal respect between
communities. This was not easy in our country, first because
communities do not always have a relationship of equality and they tend
to have hierarchical relationships with one another. Second, when these
communities do see each other as equals, they also tend to become
rivals.
6. Not recognising the communities, as most western constitutions does is
not desirable and neither workable in India. It is because we openly
acknowledge the value of communities. More importantly, India is a
land of multiple cultural communities. This made it mandatory for our
Constitution to recognise community based rights. One such right is the
right of religious communities to establish and run their own
educational institutions.

How can political parties be reformed

 1. Anti-defection law has been passed. This was done because many
elected representatives were indulging in defection in order to become
ministers or for cash rewards.
2. It is mandatory for every candidate who contests elections to file an
affidavit giving details of his property and criminal cases pending
against him. The new system has made a lot of information available to
the public. But there is no system to check if the information given by
the candidates is true.
3. The EC has passed an order making it necessary for political parties to
hold their organisational elections and file their income tax returns. The
parties have started doing so but sometimes it is mere formality. It is not
clear if this step has led to greater internal democracy in political
parties.
4. It should be made compulsory for political parties to maintain a register
of its members, to follow its own constitution, to have an independent
authority, to act as a judge in case of party disputes, to hold open
elections to the highest posts.
5. It should be made mandatory for political parties to give a minimum
number of tickets, about one third, to women candidates. Similarly,
there should be a quota for women in the decision making bodies of the
party.
6. There should be state funding of elections. The government should give
parties money to support their election expenses. This support could be
given in the form of fuel, paper, telephone etc. Or it could be given in
cash on the basis of the votes secured by the party in the last election.

Federalism

1.
2. Unitary provisions of constitution
1. The Constitution has certain very powerful emergency provisions,
which can turn our federal polity into a highly centralised system.
Parliament also assumes the power to make laws on subjects
within the jurisdiction of the States.
2. Even during normal circumstances, the central government has
very effective financial powers and responsibilities. In the first
place, items generating revenue are under the control of the central
government. Secondly, India adopted planning as the instrument of
rapid economic progress and development after independence.
Besides, the Union government uses its discretion to give grants
and loans to States.
3. The constitution clearly states that executive powers of the centre
are superior to the executive powers of the States.

4.
3. Federal features of our constitution
1. Dual polity consisting the Union at the Centre and the States at the
Periphery. Each is endowed with sovereign powers to be exercised
in the field assigned to them. Division of powers in the 7th
schedule.
2. Written constitution of India specifies the structure, functions and
powers of the both Centre and State Governments and prescribe
limits within which they must operate. Thus, it avoids mis-
understandings and dis-agreements between the two.
3. Supremacy of the constitution.
4. Independent Judiciary.
 5. Bicameralism.
6. Rigid constitution. The provisions that relate to federal structure
can be amended only by the consent of half the state legislatures.
4. Evaluation of our federal system
1. Granville Austin described the Indian federation as "a new kind of
federation to meet India's peculiar needs."
2. In Bommai case, the supreme court laid down that the constitution
is federal and characterised federalism as its 'basic structure'.
5. Union Government can legislate in state list

1.

2.

3.

4.

5.
6. Centre's control over state legislation

7. Centre's executive direction to the States

1. The executive power of every state is to be exercised in such a
way a) as to ensure compliance with the laws made by the
Parliament and b) as not to impede the exercise of executive
 power of the Centre. The sanction behind these directions of the
Centre is coercive in nature. Thus, Article 365 says that where any
state has failed to comply with any directions given by the Centre,
it will be lawful for the President to impose president rule.
2. In addition to the above two cases, the Centre is empowered to
give directions to the states with regard to the exercise of their
executive power in the following matters
1. Construction and maintenance of means of communication
(declared to be of national or military importance) by the
state.
2. The measures to be taken for the protection of the railways
within the state.
3. The provision of adequate facilities for instruction in the
mother tongue at the primary stage of education to children
belonging to linguistic minority groups in the state.
4. The drawing up and execution of the specified schemes for
the welfare of the STs in the state.
8. How federalism evolved in India
1. The first phase of India’s federalism extended from the time of
independence to the mid 1960s. Prime Minister Nehru took great
efforts to keep the Chief Ministers of all the states apprised of the
activities at the Centre and tried to build consensus. This smooth
phase of Indian federalism was helped by the reason that a single
party ruled in almost all the states and at the centre.
2. In the middle of the 1960s single party dominance declined
somewhat and in a large number of State opposition parties came
to power who opposed increasing centralisation. It resulted in
demands for greater powers and greater autonomy to the
states. This caused tensions in centre-state relations over various
issues such as mode of appointment and dismissal of Governor,
impositions of President’s rule for partisan interests, reservation of
State bills for consideration of the President, etc.
3. Finally, since the 1990s, we have entered an era of coalition
politics especially at the centre. In the states too more regional
parties have come to power. This has resulted in a greater say for
the states, a respect for diversity and the beginning of a more
mature federalism.
4. Once the principle of identity of the State is accepted, it is quite
 natural that the States would expect a greater role and powers in
the governance of the State and the country as a whole. This has
lead to demands from the States for autonomy. While the legal
disputes can be resolved by the judiciary, demands for autonomy
are of political nature and need to be resolved through
negotiations.
5. The constitution is only a framework or a skeleton, its flesh and
blood is provided by the actual processes of politics. Hence
federalism in India has to a large extent been influenced by the
changing nature of the political process.
9. Autonomy demands
1. Sometimes, these demands expect that the division of powers
should be changed in favour of the states and more powers and
important powers be assigned to the states.
2. Another demand is that States should have an independent sources
of revenue and greater control over the resources. This is also
known as financial autonomy.
3. The third aspect of the autonomy demands relates to
administrative powers of the states. States resent the control of the
centre over the administrative machinery.
4. Fourthly, autonomy demands may also be related to cultural and
linguistic issues. The opposition to the domination of Hindi (in
Tamil Nadu) or demand for advancing the Punjabi language and
culture are instances of this.
10. Constitutional provisions for cooperation between centre and states
1. Delegation of executive functions: Under Article 258, the
President is empowered to delegate some of the executive
functions of the Union to the State with its consent. Under Article
258A, similarly, the Governor of a State may entrust, with the
consent of the Government of India, any of the executive
functions which exclusively fall under the State’s jurisdiction.
2. Full faith and credit clause: Article 261, lays down that the final
judgements delivered by the civil courts of one state shall be
equally enforceable in other States, if they wish so.
3. Adjudicative mechanism: Under Article 262, the Parliament has
passed the Inter-states water disputes act, 1956 to adjudicate on
any dispute or complaint with respect to the use, distribution or
control of the waters of inter state rivers or river valleys.
 4. Consultative mechanism: Under Article 263, the President is
empowered to constitute an Inter-State Council for resolving the
dispute arising between the centre and the states, so as to avoid the
need to go through the judicial proceedings for the same.
5. Immunity from mutual taxation: Article 285 says that the
property of the Union is exempted from the State taxation, except
if the Parliament by law provides otherwise. Similarly under
Article 289, the State property and income is exempted from the
Union taxation. This is basically not only to avoid unnecessary
conflicts but also to create space for mutual cooperation between
the Centre and the States.
11. Extra-constitutional devices to promote Centre-State cooperation
1. A number of advisory bodies such as NITI Aayog, National
Integration Council (NIC), Zonal Councils, North-Eastern
Council, University Grants Commission (UGC), recently created
GST council, etc.
2. Several conferences take place frequently such as Governor’s
conference {presided by President}, Chief Ministers’ conference
{presided by PM}, Chief Secretaries’ conference {presided by
Cabinet Secretary} etc.
12. Tension Areas in Centre-State relations
1. Mode of appointment and dismissal of the Governor (Article 153,
155, 156).
2. Discriminatory and Partisan role of Governor.
3. Discretionary Powers of the Governor (Article 356, reservation of
state bills, role in appointing chief minister, etc).
4. Deployment of central forces in the state to maintain law and
order.
5. Discrimination in financial allocations to the state and sharing of
finances between Centre and states.
6. Management of AIS officers.
7. Encroachment by the Centre on the State list and shifting of items
from state list to concurrent list.
8. Use of CBI and other investigating agencies.
13. Protection of state interest in financial matters. Bills can be
introduced only on recommendation of president.
1. A bill which imposes or varies any tax or duty in which states are
 interested.
2. A bill which varies the meaning of the expression ‘agricultural
income’ as defined for the purposes of the enactments relating to
Indian income tax.
3. A bill which affects the principles on which moneys are or may be
distributable to states.
4. A bill which imposes any surcharge on any specified tax or duty
for the purpose of the Centre.
14. Inter-state comity
1. Setting up of an Inter-state council (ISC).
2. Full faith and credit is to be given through out the territory of
India to Public acts, records and Judicial proceedings of the Centre
and the every state.
3. Article 301 declares that Inter-state trade and commerce through
out the territory of India shall be free. The object of this provision
is to break down the border barriers between the states and to
create one unit with a view to encourage the free flow of trade.
4. Zonal Councils.
15. Sarkaria recommendations
16. Zonal councils
1. Under the States Re-organization Act, 1956 five Zonal Councils
were created ostensibly for curbing the rising regional and
sectarian feelings and to promote co-operation in resolving
regional disputes. Later the North Eastern Council was created
under the North Eastern Council Act, 1971.
2. Zonal Councils provide a forum where irritants between Centre
and States and amongst States can be resolved through discussions
and consultations. Though there are a large number of other fora
like the National Development Council, inter State Council, etc.,
the Zonal Councils are different, both in content and character.
3. They are regional fora of cooperative endeavour for States linked
with each other economically, politically and culturally. Being
small and high level bodies, specially meant for looking after the
interests of respective zones they are capable of focusing attention
on specific issues taking into account regional factors while
keeping the national perspective in view.
4. The scope of functions of these Zonal Councils is very wide, as
they can discuss any matter in which some or all of the states
 represented in that council, or the Union and one or more of the
States represented in that Council, have a common interest.
17. Federalism and foreign policy
1. Even though foreign policy is the prerogative of the Central
government and the Constitution does not allow the states to take
initiatives in these matters, the West Bengal Government
challenged the central foreign policy on sharing the waters of river
Teesta by stalling the bilateral treaty with Bangladesh.
2. Some of the states have been arguing in favour of a role for the
states in the foreign policy of the country, especially those with
international border. Similarly, when the issue of border trade with
China came up for discussion, Sikkim’s views were sought.
3. Tamil Nadu has demanded the intervention on the issue of Tamil
killings in Sri Lanka every now and then.
4. North Eastern State leaders have been asserting that their views
should be sought while conducting negotiations with neighbouring
countries on economic and political issues.
5. There is a case for institutionalising the process of consultation
and involvement of states, which are affected by a particular
foreign or security policy measure.
18. Other
1. One of the major reasons for break up of USSR was the excessive
centralisation and concentration of power, and the domination of
Russia over other regions with independent languages and cultures
of their own. Yugoslavia and Pakistan also had to face a division of
the country. Canada came very close to a break up between the
English speaking and the French speaking regions of that country.
2. All the countries mentioned above were federations. Yet they
could not remain united. Therefore, apart from adopting a federal
constitution, the nature of that federal system and the practice of
federalism must also be important factors. Real politics, culture,
ideology and history determine the actual working of a federation.
3. A culture of trust, cooperation, mutual respect and restraint helps
federations to function smoothly. Political parties also determine
the way a constitution would work. If any single unit or state or
linguistic group or ideology comes to dominate the entire
federation it could generate a deep resentment among people or its
units not sharing the dominant voice.
 4. One of the important aspects of the division of powers, between
states and central, is that economic powers are centralised in the
hands of the central government by the Constitution. The states
have immense responsibilities but very meagre revenue sources.
5. Besides the concern for unity, the makers of the Constitution also
believed that the socio-economic problems of the country needed
to be handled by a strong central government in cooperation with
the States. Poverty, illiteracy and inequalities of wealth were some
of the problems that required planning and coordination. Thus, the
concerns for unity and development prompted the makers of the
Constitution to create a strong central Government.

Fiscal relations between centre and state

1. State Finance commission (SFC)

1. State Finance Commission is the Constitutional body appointed by
each state government at regular intervals of five years under the
article 243(I) of the Constitution to review and revise
the financial position of PRIs and ULBs. They recommend
principles and methodology as regards the devolution of funds to
PRIs and ULBs.
2. The recommendations
1. The distribution between the State and the local bodies of the net
proceeds of the taxes, duties, tolls and fees leviable by the State.
2. Determination of the taxes, duties, tolls and fees levied or
appropriated by the local bodies.
3. Measures needed to improve the financial position of the local
bodies.
4. Any other matter referred to the Finance Commission by the
Governor in the interrests of sound finance of the local bodies.
3. Issues relating to SFC
1. SFCs are not appointed on time and that the period covered by the
SFCs does not synchronise with the period covered by the Central
Finance Commission. There is absence of uniform standards and
formats in various SFC reports.
2. State governments cherry pick from the SFC’s recommendations
and don’t accept the inconvenient ones.
 3. There is undue delay on the part of the states in placing the Action
Taken Reports (ATR) on the recommendations of SFCs in state
legislatures.
4. Equally worrisome is the practice of states appointing people not
well versed in the affairs of local bodies or their finances as
members of the SFCs. The quality of SFCs reports continues to
remain poor.
5. While estimating the resource gap, SFCs normally just make
forecasts based on historical trends.
6. SFCs have also not identified the issues requiring action by the
Central Finance commision (CFC) to augment the consolidated
fund of the state. The lack of quality of SFC reports has been
ascribed to lack of data and limited capacity of the commissions.
4. Recommendations to improve SFCs
1. SFCs should be constituted at least 2 years before the required
date of submission of their recommendations, and the deadline
should be so decided as to allow the State Government at least 6
months time for tabling the ATR. SFC reports should be readily
available to the CFC.
2. The healthy precedent established by the Union Government in
generally accepting the devolution proposals made by the CFC
should also be followed by the State Government.
3. The SFCs follow the procedures and guidelines adopted by the
CFC.
4. SFCs should follow a normative approach in estimating resource
gaps. They should link the devolution of funds to the level of
civic amenities that the citizens could expect consistent with some
uniform standards of service delivery.
5. SFCs should have people of eminence and competence. They
should follow the requirements as for the CFC. Serving
bureaucrats should not be appointed.
6. There should be a permanent SFC cell in the finance department.

States to pursue cross border economic partnership

1. In any federal setup, there is limited scope for state governments to

 undergo into treaties with foreign entities. The limit of such scope can
be debated considering benefits and drawbacks of such deals.
2. Limits setup by the constitution
1. A state in India is not sovereign itself. According to Union list of
schedule 7, the powers related to international treaties, further
ratification is vested on the center.
2. Article 292 and 293 prohibits states borrowing from external
sources.
3. FRBM act limits state’s freedom to borrow from other sources.
4. Only center can represent India in global forums such as UN,
BRICS, G20 etc.
5. States have no role in trade matters such as customs and WTO
related rules.
3. However, current set up also allows states to enter into non-sovereign
treaties subjected to above limits. For example, AP Govt signed MOU
with Singapore to develop new capital Amaravati.
4. Advantages of cross border economic partnership
1. States compete with each other, and improvement of competitive
federalism.
2. Every state has its own unique needs. Drought hit states can take
help from countries such as Israel etc.
3. Industrialization of states i.e. a state can encourage international
companies to set up units in their states.
4. In nutshell, states should be encouraged to undergo international
treaties to realize their economic and social obligations.
5. Disadvantages of such partnerships
1. Non-uniformity of rules among different states hinders objectives.
For example, every state has its own labour laws and tax systems.
2. Multiplicity of treaties. What if there is a treaty signed by both
Center and state with foreign entity.

Special category status

1. The Constitution does not include any provision for categorisation of

any State in India as a Special Category Status (SCS) State. Central
government has started granting SCS to states from 1969 based on the
suggestions of the 5th FC. It is basically a device to devolve more funds
 from the centre to the needy states like Himachal Pradesh and Jammu
and Kashmir.
2. Criteria
1. Hilly and difficult terrain.
2. Low population density or the presence of sizeable tribal
population.
3. Strategic location along international borders.
4. Economic and infrastructural backwardness.
5. Non-viable nature of State finances.
3. Benefits enjoyed
1. A major portion of the normal central assistance (NCA) (56.25%)
is distributed to 11 special category states and the remaining
(43.75%) among 18 General Category States.
2. Only special category states receive special plan
assistance (SPA) and special central Assistance grants.
3. The assistance for Externally Aided Projects (EAPs) flows to SCS
states as 90% in grant and 10% in loan whereas for General
Category States, it flows as loans.
4. The state share in centrally sponsored schemes (CSS) is usually
lower for Special Category States as compared to general category
states.
5. Special category states get a significant excise duty concession
and other tax breaks that attract industries to locate manufacturing
units within their territory.
4. Why the demand
1. 70% of the revenue of undivided AP came from Hyderabad,
which is now in Telangana. This has led to Rs. 20000 crore
revenue deficit for the Andhra Government.
2. To adhere to the promise of last government and expectations due
to build the capital, Amaravati, the Polavaram dam, and
infrastructure projects like Metros.
3. The economical and development indicators of Rayalaseema and
North Andhra are as bad as poorly developed states.
4. Hud-hud cyclone and drought like condition in some districts last
year compounded problems.
5. Reasons why it should not be given
1. The policy of granting Special Category status has been
 discontinued as per the recommendations of the 14th Finance
Commission.
2. The only criterion AP lacks in the listed criteria for special status
is infrastructural backwardness which is the resultant of
bifurcation as Hyderabad has geographically gone to Telangana.
However, this was compensated to an extent with the settlement of
sharing the capital for 10 years.
3. There are many other deserving states such as Chhattisgarh and
Jharkhand which should get the status prior to AP.
4. Demands from other states may arise. Bihar is already firming up.
5. Special category status hasn’t worked that well. Many special
status awarded states remain to be poor.
6. Fiscal deficit target of the central Govt might not be met.
6. Issues with working of special category states
1. The way Special Category Status were assigned to a state has been
a matter of debate.
2. There is also no consensus among states related to principles used
for granting the SCS.
3. From the earlier experience, there is no guarantee that even after
awarding Special category status, economic progress will take
place.
4. This means that for economic development, it is important to
follow sound economic policies. The positives of SCS may act as
a stimulus but everything depends on the each state policy.
5. The amount of proceeds that states receive has increased after
14th finance commission recommendations have been accepted.
SCS may lose relevance altogether.

NITI Ayoog

1. Strong state means government and the rule of law provide a stable
political, social and economic environment where citizens can plan and
build and invest for the future.
2. Characteristics of strong state
1. Political and economic autonomy.
2. Cooperation from the centre.
3. Decentralised planning.
 4. Implementation of principle of subsidiarity.
3. But for the establishment of strong state in such diverse nation, support
from centre is must i.e. implementation of cooperative federalism. Niti
Aayog acts as a coordinating bridge between state and centre. It
envisages formation of national development priorities with the active
involvement of states.
4. Niti Aayog is relevant as follows
1. Premier think tank of the government: Initiatives like
Ayushman Bharat, Model Land leasing Act, etc.
2. Bridge between various ministries: Any important government
scheme requires a huge degree of convergence across a number of
Ministries and between Central and state governments.
3. Bringing about a greater accountability in the system: NITI
Aayog has established a Development Monitoring and Evaluation
Office which collects data on the performance of various
Ministries on a real-time basis. NITI Aayog also comes up with
performance based rankings of States across various verticals to
foster a spirit of competitive federalism.
4. Instrumental in Improving innovation: The Atal Innovation
Mission has established more than 1,500 Atal Tinkering Labs in
schools and also set up 20 Atal Incubation Centers. NITI Aayog
identifies the best practices in different States in various sectors
and then replicates them in other States.
5. States representation: It also plays an important role of being the
States’ representative in Delhi, and facilitates direct interactions
with the line ministries, which can address issues in a relatively
shorter time.
5. Role of Niti-Ayoog
1. Niti-Ayoog has brought out perspective plan. It brought out the
action plan (3 years), strategy document (7 years) and vision
document (15 years).
2. It has brought up a model agricultural land leasing Act, 2016 to
recognise the rights of the tenant and safeguard interest of
landowners. States like MP have gone ahead with the act. NITI
has also launched Agricultural Marketing and Farmer Friendly
Reform Index to sensitise states about agriculture reforms.
3. It is acting as monitoring agency via various indices measuring
 states performance in health, education and water management.
4. Atal Innovation Mission (AIM) is under NITI to promote
innovation and entrepreneurship.
5. It has spearheaded the digital payment initiative of the
government. Ex: Digi Dhan Yojana, Lucky Grahak Yojana, etc.
6. Constitution of three sub-groups of Chief Ministers to advise the
central government on rationalisation of Centrally Sponsored
Schemes (CSS), Skill Development and Swachh Bharat Abhiyaan
(SBM).
7. A new regulatory body for medical education by scrapping MCI
is being contemplated by the NITI.
8. It has strengthened decentralisation and spirit of co-operative
federalism via regular annual meet of states and center. Governing
council comprising LG/CMs of states gets greater autonomy in
decision making.
9. Niti Aayog knowledge hub to act as knowledge and best practises
repository for all states who want to emulate. Niti Aayog is
playing a greater role in assisting states where centre-state
investment agreements signed for bilateral invest treaty to boost
investments in states.
10. NITI aayog role in ensuring implementation of SDGs analysing
the present targets and demanding of each state.
6. Challenges
1. The aayog is still unable to address problems like farm distress,
job creation, innovations, environmental challenges, growing
interstate water dispute etc.
2. Also many states are still skipping the meeting and demanding
special financial package which dilutes the feeling of co-operative
federalism.
3. In addition to this local government is still being neglected.
4. It appears that the institution’s agenda are more or less set by the
government rather than an organic and independent process.
5. It focuses mostly on policy recommendations which must also be
on implementation challenges.
6. Aayog has replaced the 5 year plan with 15 year vision document.
It focused on farm distress mitigation by doubling the farmers
 income. It provides funds and support to startup via Atal
innovation funds etc to create employment opportunities. It is
inclined for developing a world class social and physical
infrastructure via Urban Housing, Transport and Digital
Connectivity.

Urban governance

1. Urban India now form about one-third of the population and they
produce more than three-fifths of the country’s GDP. 74th amendment
gave constitutional status to Urban Local Bodies (ULBs) and led to
uniformity of the structure across the country. The Act aims at
revitalising and strengthening the urban governments so that they
function effectively as units of local government.
2. Salient features
1. The Act provides for the constitution of three types of
municipalities -- Nagar Panchayat, Municipality, Municipal
Corporation -- in every state.
2. The Act provides for a five year term of office for every
municipality. However, it can be dissolved before the completion
of its term.
3. All the members of a municipality shall be elected directly by the
people of the municipal area.
4. The Act provides for the reservation of seats for the scheduled
castes and the scheduled tribes in every municipality in proportion
of their population to the total population in the municipal area.
5. Further, it provides for the reservation of not less than one-third of
the total number of seats for women.
6. The superinten​dence, direction and control of the preparation of
electoral rolls and the conduct of all elections of the municipalities
shall be vested in the State Election Commission (SEC).
7. The state legislature may endow the municipalities with such
powers and authority as may be necessary to enable them to
function as institutions of self-government.
8. The Finance commission (which is constituted for the Panchayats)
shall also, for every five years, review the financial position of
municipalities and make recommendation to the Governor.
 9. The Act does not apply to the scheduled areas and tribal areas
referred in Article 244 of the Indian Constitution.
10. Every state shall constitute at the district level, a District Planning
Committee (DPC) to consolidate the plans prepared by Panchayats
and municipalities in the district, and to prepare a draft
development plan for the district as a whole.
3. Governance challenges
1. Cities do not have a single city government. There is
fragmentation of responsibilities and service delivery across a
gamut of institutions like municipality, state departments and
parastatal agencies reporting directly to state government.
2. The Municipal Councils have restricted autonomy as compared to
the Municipal Corporations.
3. Poor transparency and accountability because of non-uniform
implementation of e-governance initiatives.
4. Lack of good urban development policy, poor urban planning
coupled with poor implementation and regulation are big
challenges for municipalities.
5. Disqualification of members of municipal bodies is governed by
the state legislature. It is not consistent in all states and that leads
to a lot of disparity and non-security among members.
4. Infrastructure deficit
1. Every Indian city faces serious challenges related to water and
power supply, waste management, public transport, education,
health care, safety, and pollution.
2. Due to rapid urbanisation, law and order becomes difficult to
maintain, slums develop etc., leading to additional problems for
these already stressed out urban local governance bodies.
5. Urban finances
1.

2.
6. Problems in Urban finances
1. Revenue generated by urban local government accounts for less
than 0.9% of the total GDP despite cities contributing almost
2/3rd towards GDP.
2. Lack of sources: Most of the income generating taxes are levied
by the union and state governments.
3. Ill-equipped staff: The staff at the disposal of these bodies is ill-
trained and ill-equipped to effectively collect the taxes levied.
4. Low charges: User charges for water, sanitation, etc., are lower
than actual cost of provisioning such services, because Municipal
bodies fear increasing tax for loss of popularity among people.
5. Poor realisation of property tax: Property tax is the most
important source of revenue for local governments. But problems
like low coverage, low rates, low collection efficiency, and lack of
indexation of property values, making it a non-buoyant source of
revenue. It is estimated that only about 60-70% of the properties in
urban areas are actually assessed. Some states have not even
allowed the municipalities to levy property taxes.
6. Peri-urban: The boundaries of municipal bodies are not expanded
to keep pace with the urban sprawl and as a result, a large number
of properties fall outside the legal jurisdiction of the municipal
bodies.
7. Way ahead with finances
1. States should empower cities to levy all feasible taxes. Finance
commission can play a vital role by allocating more resources to
ULBs.
2. Grants to ULBs by MoUD can be more tightly linked to
comprehensive and updated data disclosure and transparency.
NITI Aayog should compile comparative indices of municipalities
performance annually. This index should be based on actual
accountability.
3. Property details for all properties should be placed in the public
domain to bring transparency and end collusion between the
 assessing authorities.
4. There is need to adopt satellite based mapping techniques to map
urban properties in order to tap full potential of property tax. Steps
are already being taken under JNNURM for reforms of the
property tax regime including use of GIS.
5. A periodic physical verification of the properties and taxes levied
on them should be carried out in each municipal area.
6. Credit rating of cities is the first step towards raising money
through the bond market, sub-national governments, and
international lenders.
7. When a government invests in developing a particular area, for
example, building a new airport outside a city, land prices around
the area rise. A portion of this benefit could accrue to the local
government.
8. A congestion charge and betterment levy in relation to such
projects may be levied wherever warranted.
8. Competition between states is becoming a powerful dynamic of change
and progress. It must be extended to competition between cities to give
rise to competitive sub-federalism.
9. Success of JNNURM
1. Its uniqueness lies in linking federal grants to reform governance.
It has helped raise awareness and concerns about problems of
urban growth and management. Urban matters are now more
widely talked about than ever before.
2. It has helped in the expansion of sewage collection, treatment and
sanitation to enable more hygienic environment in the cities.
3. With the launch of JNNURM, the environment for implementation
of schemes in the PPP mode has become more congenial.
4. JNNURM has managed to provide a strong impetus to
investments in urban sector and incentivised cities to develop
sustainable investment frameworks through service delivery
reforms and cost recovery of services provided.
5. Many of the urban spaces have become liveable again and some of
the notable achievements in this regard are 24x7 water supply in
some cities, Ahmedabad Bus Rapid Transit System, property tax
collection system in Bengaluru etc.
6. The mission has partially contributed to the achievement of MDGs
like providing sustainable access to safe drinking water and basic
 sanitation, ensuring environmental sustainability and the
eradication of slums and to achieve significant improvement in
lives.
10. Peri-urban Areas
1. They are the outskirts of a large urban area, more accurately areas
which are outside jurisdiction of ULBs but are in the process of
urbanisation and have certain characteristics of urban areas.
2. Such areas are created partly by the influx from the deeper
countryside, but also from those in the cities seeking to move out
some migrating from congested areas to larger residences or new
industries and some shifting away from expensive city living.
11. Issues with peri-urban areas
1. Land use change from agricultural to residential or industrial.
2. Changes in the use of natural resources such as water and forestry.
3. New forms of pollution and waste management.
4. Creation of infrastructure.
5. Managing new cultural ethos.
12. To be able to control untidy sprawls, it is necessary to ensure that the
planning laws applicable to a present city area are also applicable to
future areas of the city.

Local Governance

1.

2. Salient features of 73rd amendment

3. Issues in local governance
1. There is lack of clarity in regard to the concept of Panchayati Raj
itself and the objectives for which it stands. They are still seen as
administrative vessels for implementing programmes of the
Central and State governments and not as democratic
organisations.
2. The functions assigned to the Panchayat and the Samiti overlap,
leading to confusion, duplication of efforts and shifting of
responsibility.
3. The increasing trend towards politicisation of local body elections.
This seriously prevents these institutions from concentrating on
local issues. Elections to local governments are not held on time.
4. The attendance at Gram Sabhas is thin, attendees expect direct
benefits and meetings are dominated by activists of political
groups.
5. Parastatal agencies continue to play a major role in matters
relating to urban planning, regulation of land use, water supply
and sewerage, and slum improvement. This leads to weakening of
the authority of the LSBs.
6. The powers transferred by states are often just a repetition of the
eleventh or twelfth schedules. The precision in specifying tasks to
different layers is missing.
 7. The indirect election of most of the members to Panchayat Samiti
only increases the possibility of corruption and bribery. Even the
zilla parishad consists of mainly ex-officio members.
8. Transfer of funds did not match devolutions. Central funds
constitute the bulk of the funding to local bodies. When it comes
to raising own resources the picture is very dismal.
9. There is no transfer of functionaries and this is not only because
of reluctance of State Governments but also because of resistance
of state cadres to work under local bodies.
4. Sources of income to panchayats
1. Panchayats can discharge their functions efficiently only if they
have sufficient financial resources. For resources, Panchayats
depend mainly on grants from the State Government. They also
have taxation powers and have some income from owned or
vested assets. They may get a share in the taxes, duties, tolls and
fees that are levied and collected by the State Government.
2. Gram Panchayat: In most States the power of levying taxes is
vested in Gram Panchayats. House tax, tax on cattle, immovable
property, commercial crops, drainage tax, sanitation fee, tax on
produce sold in village, etc. Panchayats can also levy
entertainment tax. Gram Panchayats also receive funds as income
from property owned by them as common grounds, jungles, cattle
ground etc. They also receive their share in land revenue from the
State.
3. Panchayat Samiti: Panchayat Samitis can impose tax on facilities
provided by them as water for drinking or irrigation purposes, etc.
Panchayats receive income from the property vested in them.
They also receive grants from the State Governments. Funds are
transferred by Zila Panchayats or State Governments along with
schemes to be implemented by the intermediate institutions of
Panchayati Raj.
4. Zilla Parishad: Zilla Parishads are also authorised to impose
taxes. They may impose taxes on persons carrying on business in
rural areas for six months, taxes on brokers, commission agents in
markets established by them, also tax on sale of goods in these
markets. Tax on land revenue can also be imposed by Zilla
Parishads. When development schemes are entrusted to them,
 necessary funds are also provided. They also receive grants from
the State, donations from charitable institutions, and may also
raise loans.
5. Challenges in fiscal transfers
1. Dependence: Panchayats are heavily dependent on government
grant and internal resource generation at the panchayat level is
weak. This is partly due to a thin tax domain and partly due to
panchayats reluctance in collecting revenue.
2. Inflexibility: A major portion of the grants is scheme specific
and panchayats have limited discretion and flexibility in spending.
The transferred funds are uneven and untimely.
3. Power devolution: The critical factor that crippled the fiscal
autonomy of the PRIs is the imperfect process of power
devolution to the PRIs by different state governments. While
some states have devolved desired powers to the PRIs, other states
are lagging behind in the process.
4. CSS: Most CSS operate through parallel structures which ignore
the Panchayats and deal directly with NGOs and user groups.
Some of the CSS implementation concentrates powers in district
missions, which have a wide flexibility to deploy funds.
5. SFCs: Reports of SFCs were not taken into account which is
another grey area in fiscal decentralisation.
6. Way ahead
1. Additional sources: Rural bodies need to look beyond the
traditional areas of lands and buildings and augment their
resources by operating in newly emerging sectors through
innovative tax measures. Ex: Fee on tourist vehicles, special
amenities, restaurant, theatre, cyber cafe etc.
2. Incentivising performance: The Ministry of Panchayati Raj has
evolved a Panchayats Empowerment and Accountability Fund
(PEAF) to incentivise both empowerment of the Panchayats by
the States and accountability of Panchayats to Gram Sabhas.
3. Royalty: PRIs should be given a substantial share in the royalty
from minerals collected by the State Government. This aspect
should be considered by the SFCs while recommending grants to
the PRIs.
 4. Village panchayats: In the tax domain assigned to PRIs, village
panchayats must have primary authority over taxation. However,
where such taxation has inter-panchayat ramifications, the local
government institutions at higher levels such as intermediate
panchayat and zilla parishad could be given concurrent powers
subject to a ceiling.
5. Octroi should be abolished, but the States should evolve
mechanisms to compensate the local governments for the loss of
revenue caused by such abolition.
7. Only through fiscal autonomy, we can truly achieve Swaraj as
envisaged by Gandhi in India.
8. Limitations of local bodies
1. Local bodies are not a panacea for all manner of administrative
problems and challenges. Highly technical activities require
specialised organisations. The exploitation of natural resources
may need a regional approach necessitating setting up of
parastatals catering to a number of local bodies.
2. Local bodies are also political organizations and suffer from all
the deficiencies of political systems. Excessive decentralisation
has its own sets of problems.
3. Moreover modern governance calls for innovative methods. There
should be administrative space for different types of organizations
each contributing in their own manner to the general good.
Women SHGs and NGOs can be examples in this regard. The
convergence of the activities of all such bodies and local
authorities should be done best through the planning process.
4. On the role of local bodies in planning and implementation of
mega projects there is consensus that their constructive
involvement can reduce land related disputes, ease the process of
acquisition and rehabilitation of affected people. Information
disseminated through local bodies has allayed fears of local
people. They became a fora wherein to voice local grievances.
9. DPC
10. Shortcomings of District planning committee (DPC)
1. A number of parallel planning bodies continue to function at each
level with little contact with the PRIs. The Gram Sabhas are
functional but attendance of residents of villages at a distance is
poor. They meet only twice a year. There are no representatives of
the village level and intermediate panchayats in the DPC.
2. In most states DPCs are yet to function as envisaged in the
Constitution. They neither consolidate nor prepare draft district
developmental plans. In several States, where there is no
separation of the budget into District and State sectors, allocation
of funds to Panchayats does not match the legislative devolution
of functions to them.
3. Planning exercise’s quality suffers seriously for lack of sufficient
time. Thus planning process does not stir meaningful debates in
the Panchayats. DPCs lack technical expertise.
4. Funds given to panchayats and DPCs are tied down to schemes,
thus limiting the scope for determining and addressing local
priorities through a planning exercise. Actual provision in State
budgets also differs from the gross outlays communicated.
5. Many DPCs are headed by state ministers who are not members
of local bodies.
11. Way forward with DPCs
1. The guidelines issued by the Planning commission pertaining to
the preparation of the plan for the district and the
recommendations of the expert group regarding the planning
process at the district level should be strictly implemented.
2. Each state Government should develop the methodology of
participatory local level planning and provide such support as is
necessary to institutionalise a regime of decentralised planning.
3. States may design a planning calendar prescribing the time limits
 within which each local body has to finalise its plan and send it to
the next higher level, to facilitate the preparation of a
comprehensive plan for the district.
4. State Planning Boards should ensure that the district plans are
integrated with the state plans that are prepared by them. It should
be made mandatory for the states to prepare their development
plans only after consolidating the plans of the local bodies.
5. For urban districts where town planning functions are being done
by development authorities, these authorities should become the
planning arms of the DPCs and ultimately of the District Council.
12. Weaknesses with the traditional institutions in Tribal areas
1. Not allowing full participatory rights to all members of the
community since women are excluded from decision making.
2. They are exclusive and ethnocentric and cater only to the ethnic
tribal population.
3. Non-transparent.
4. They expect compliance from members, defaulters being
penalised or socially ostracised without a formalised system of
due process.
13. 13th FC on local bodies
1. Grant: The local grant recommended by the 13th FC has two
components, a basic component and a performance based
component. The performance grant allocated to each state is
subject to fulfilling a nine-point conditionality package. This
should help promote results based accountability.
2. Role of SFC: One major contribution is the template prepared by
13th FC with the help of an expert committee to help future SFCs
in preparing their reports. This is a big step towards streamlining
SFC reports in the future.
3. Amend Article 280: The words of the article 280 were changed
from ‘on the basis of the recommendations of the finance
commission’ to ‘consideration the recommendations of the
finance commission of the State’. This recommendation, already
approved by several expert bodies fully appreciates the spirit of
the clause.
4. Parallel Agencies and bodies: The 13th FC rightly points out
 that parallel agencies and bodies are emasculating local
governments both financially and operationally. Having
constitutionally assigned a certain functional domain to local
governments it is for the union and state governments to help this
process of decentralised planning and governance with funds,
functionaries and technical support.
14. Some shortcomings of recommendations
1. A large chunk of the performance grant remains un-utilised by
2015 is a distinct possibility. If state governments do not take
necessary legal and administrative action, everything will remain
in cold storage.
2. The 13th FC has dispensed with the tax or revenue effort criterion
with regard to local grants on the plea that credible data are not
available. It had data for six years and it could have obtained
better outcomes by using the tax or revenue effort criterion. The
13th FC criteria may be unfair as it is biased towards highly
populated states.
3. The 13th FC Report says the quality of SFC reports continues to
be patchy, but it is silent on where and how they continue to be so.
Actually the 13th FC is only reiterating the sweeping, general
comments against SFCs made by the 11th and 12th FC.
4. The criteria chosen for inter-se distribution of local grants leave
many things to be desired and so is its silence on SFCs. The third
tier has to be made an integral component of India’s federal public
finance and UFCs of the future cannot afford to shirk that
responsibility any more.

Direct Democracy

1. Democracy is a novel feature of modern state without any doubt. But

what is debatable is the extent of democracy. There are both positives
and negatives of direct democracy.
2. Positive implications
1. This gives respect to people’s right of taking decision about their
life which is going to be affected by national decisions.
2. This provides opportunity to gather public views on controversial
 issues and giving respect to what majority of people wants to
have.
3. This keeps idea of supremacy of people which combined form a
nation.
4. This helps in removing unpopular regimes in country.
3. Negative implications
1. Public decision making is easily affected by political propaganda.
So the decision may be manipulated.
2. Also referendum based on emotional decision making can be
detrimental to its objectives in the long run as people don’t focus
on the challenges and lost opportunities with a informed and
rational mind.
3. Expertise lies with the Govt. Hence they can solve such disputes
bilaterally in more efficient way.
4. Too much democracy may lead to delay in decision making on
certain urgent decisions of national importance.
5. It has been witnessed that the fate of these deals has been decided
by razor thin margins, not reflecting true aspirations and
consensus of the people.
6. Too much democracy tends to give preference to majority view.
In such a condition, minority rights may be severely undermined.
7. Too much democracy may sometimes lead to separatist tendencies
leading to impact on unity of country.
8. It may sometimes lead to instability in the country which is
harmful for a country not only national security point of view but
also from economic point of view by turning investment away
from country. Ex: Recent chaos created by Brexit.
4. Can we have referendum in India
1. Countries like Switzerland have a strong democratic temper, a
tradition of public service by the administration, and are not
saddled with a venal political leadership. The Indian electorate is
also not mature enough to understand the implications.
2. If we were to have referendums for every issue, the majority could
end up having their way always. This is not suitable in plural
countries like India.
3. Given our cultural pluralism represented by the wide array of
political parties, how would we decide what issue is worthy of a
 referendum. Unlike Britain, that had a three, now four-party
system, India has 6 national and 49 regional parties recognized by
the Election Commission of India.
4. Also, some times, referendums are very artificial. Government can
control the timing, which is a key factor in deciding who wins.
The media, by playing an irresponsible role, can further distort the
result.
5. It is for this reason the framers of the Constitution embraced the
idea of representative democracy over the kind of direct
democracy that referendums borrow from. What a representative
ideally does is to act as mixture of interests.
5. To conclude too much democracy holds both positive and negative
implications. It all depends on various factors like population of
country, education level etc. in country that to which extent a country
should be democratic.

Local emergency

1. The commission has proposed “localising emergency provisions” under

Articles 355 and 356, con​tending that localised areas either a district or
parts of a district be brought under Governor’s rule instead of the whole
state. Such an emergency provision should however not be of duration
of more than three months.
2. It can be imposed within the territory of a state in cases of widespread
violence, or a large scale natural disaster and which, in the opinion of
the Union, is beyond the means of the State to control and the State is
unwilling to control or react to.
3. Needed
1. State government can continue to function and the Legislative
Assembly would not have to be dissolved.
2. Response of the central government would be issue specific and
the Central Government would have to exit the moment the
situation is back under control. Examples are Gujarat riots, Kosi
floods.
3. It would also reduce the temptation of the Centre to misuse the
emergency provisions in Article 352 and Article 356.
4. Given the strict parameters now set for invoking the emergency
 provisions under Articles 352 and 356, exercise of duty under
Article 355 should be codified.
4. Not needed
1. There are other existing provisions like the Disturbed Areas Act.
2. It will lead to undermining of federal system.

Secular provision in our constitution

Preamble

1.
2. Ingredients

3. Justice
4. Equality
5. Fraternity
Citizenship

1. Constitutional provisions
2.
3.
4.

5. Loss of citizenship
6.

7.
Article 35A

Article 35A and Article 370

1. Article 35A of the constitution empowers J&K legislature to define

state’s permanent residents and their special rights and privileges
 without attracting a challenge on grounds of violating the Right to
equality. It was incorporated into the constitution in 1954 by a
Presidential order issued under Article 370 (1) (d) of the Constitution.
2. Arguments against Article 35
1. Bypassing Parliament: Article 368 (i) of the Constitution
empowers only Parliament to amend the Constitution. The
parliamentary route of law making was bypassed when the
President incorporated Article 35A into the Constitution.
2. Denial of rights of women: It protects certain provisions of the
J&K constitution which denies property rights to native women
who marry from outside the State. The denial of these rights
extends to her children also.
3. Violation of fundamental rights: under Article 14, 19 and 21 as
it is discriminatory against non-residents as far as government jobs
and real estate purchases are concerned.
4. Temporary provision: Article 370 was only a ‘temporary
provision’ and the Constitution makers did not intend Article 370
to be a tool to bring permanent amendments, like Article 35A, in
the Constitution. Thus the Article 35 A is against the "very spirit
of oneness of India" as it creates a "class within a class" of Indian
citizens.
3. Arguments for Article 35A
1. It is feared that it would lead to further erosion of J&K’s
autonomy and trigger demographic change in valley.
2. It increases the possibility of flooding the valley by people from
outside the valley which may increase trust deficit.
3. If article 35A is not upheld, the legality of many presidential
orders issued under art 370 may become questionable.
4. Though it was not passed as per the amending process given in
Article 368, but was inserted on the recommendation of J&K’s
Constituent Assembly through a Presidential Order.
5. Since Article 35A predates basic structure theory of 1973, it
cannot be tested on the touchstone of basic structure.
6. Also, similar provisions are also in place in several other states,
including some in the Northeast and Himachal Pradesh. Domicile-
based reservation in admissions and even jobs is followed in a
number of states, including under Article 371D for undivided
Andhra Pradesh.
4. Views of J&K HC on Article 370
1. Supreme court earlier ruled that Article 370 assumed a place of
permanence in the Constitution and the feature was beyond
amendment, repeal or abrogation.
2. It also observed that the President under Article 370 (1) was
conferred with power to extend any provision of the Constitution
to the State.
3. It said that J&K, while acceding to the Dominion of India,
retained limited sovereignty and did not merge with it.
4. It also clarified that Article 35A gave protection to existing laws in
force in the State.
2. Indian constitution, Union and states, Federal structure,
local governance
Fundamental rights

1. Exceptions to Equality
2.
3. Exceptions to equality of opportunity
4. Exceptions to Article 19
5. Exceptions to freedom of movement

6. Article 28
7. Article 30
8. Exceptions to fundamental rights
 9.

10.
11.

12.
13. Significance of fundamental rights
 14.

Directive principles

1. The Directive Principles of State Policy are considered fundamental in

the governance of the country, and establish socio-economic democracy
in India. The DPSP draws its power from Irish constitution including
Gandhian principles. They are described under Part-IV of our
constitution.
2. Features of DPSP
1. These are constitutional instructions or recommendations to the
state in legislative, executive and administrative matters.
2. They resemble 'Instrument of Instruction' enumerated in
Government of India Act, 1935.
3. DPSP constitute a very comprehensive economic, social and
political programme for modern democratic state. They embody
the concept of the welfare state.
4. BR Ambedkar had pointed out that the directives have great value
because they lay down that the goal of Indian polity is 'economic
democracy' as distinguished from 'political democracy'.
3. Significance to governance
4. Socio-economic principles
1. Land reforms and abolition of zamindari system. Ceiling has been
placed on land and property to fix the limit of person’s holdings.
2. National commission for the welfare of women has been
established by the Government. Maternity benefit act, 2016 has
been enacted to protect interests of women workers.
3. Parliament has brought a Minimum wages act, 1948 under which
rules require that both men and women be paid equal wages for
equal work.
4. Schemes like MGNREGA (Right to work), SABLA, ICDS,
National Social Assistance, Mid-day meal etc. are examples of
state attempt to follow the principles embodied in the articles 39,
41.
5. Creation of NALSA has led to a nation-wide network to provide
free and competent legal aid to the poor and to organise lok
adalats for promoting equal justice.
5. Gandhian Principles
1. Through 73rd and 74th Amendments to the constitution,
Panchayati Raj has been given the constitutional status with more
powers (Article 40).
2. Khadi and Village industries board, KVIC, Coir board, Silk board
and so on have been setup for the development of cottage
industries in rural areas.
3. Seats are reserved for SCs and STs and other weaker sections in
educational institutions and government services. The protection
of civil rights act, 1976 and Schedule Castes and Scheduled Tribes
(prevention of atrocities act, 1989) have been enacted to protect
the SCs and STs from social injustice and exploitation.
4. Laws to prohibit slaughter of the cows, calves and bullocks have
been enacted in some states.
6. Liberal-intellectual
1. Article 44: To secure for all citizens a uniform civil code (UCC)
throughout the country.
2. Article 45: To provide early childhood care and education for all
children until they complete the age of six years.
3. Article 48: To organise agriculture and animal husbandry on
modern and scientific lines. Agriculture and animal husbandry
 have been modernised by providing irrigation facilities, HYV
seeds, etc. Cow and calf slaughter have been banned in certain
areas.
4. Article 48-A: To protect and improve the environment and to
safeguard forests and wild life. The wildlife protection act, 1972
and Forest conservation act, 1980 have been enacted to safeguard
wildlife and forests respectively.
5. Article 49: To protect monuments, places and objects of artistic or
historic interest which are declared to be of national
importance. The Ancient and Historical monument act (1951) has
been enacted to protect the monuments, places and objects of
national importance.
6. Article 50: To separate the judiciary from the executive in the
public services of the State. Criminal procedure code (1973)
separated judiciary from the executive.
7. Article 51: To promote international peace and security. India has
been promoting policies of non-alignment and Panchsheel to
promote international peace and security.
7. Importance of DPSP
1. It helps courts in examining and determining constitutional
validity of law in the light of socio-economic propriety.
8. Directives outside Part-IV
9. Criticism
1. The DPSP are non-justiciable in nature i.e. they are not legally
 enforceable by the courts for their violation.
2. The directives are neither properly classified nor logically
arranged. The declaration mixes up relatively unimportant issues
with the most vital economic and social questions.
3. DPSP lead to constitutional conflict between Centre and states,
Centre and President, Chief minister and governor.
10. Failure of state to implement DPSP
1. The concentration of wealth has increased. India’s top 1% holds
close to half of the country’s total wealth.
2. Although the school enrolment has almost reached universal, the
high dropout rate and quality of education remains an area of
concern.
3. PRI suffers from the lacunae of funds, functions and
functionaries.
4. Women labour force participation rate have come down to 22.4
percent (ILO global employment trends report 2013).
5. Limited material resources.
6. Lack of political will and lack of awareness and organized action
on the part of the people.
11. Fundamental rights vs DPSP
 12. Though much has been achieved but still there is a long way to go to
accomplish this objective of a welfare state. The DPSP have long
shaped the policy making in India and will continue to do so, as the
principles enshrined are fundamental in nature. The recent enactment of
right to education, Housing for All scheme, Mission Indradhanush etc.
showcase the vigils of the state to abide by the DPSP.

Fundamental Duties

1. Fundamental duties in the Indian constitution are inspired by the

constitution of erstwhile USSR. Article 51A, which contains
fundamental duties, was added into the constitution through 42nd
amendment after Swaran singh commitee recommendations.
2. Scope of FD
1. As rights and duties are the two side of the same coin, it is
expected that one should observe one’s duties in order to seek the
enforcement of one’s fundamental rights. For example, if a person
approaches the court for the enforcement of any of his
fundamental rights, the court may refuse to take a lenient view of
him if it comes to know that the concerned individual has no
respect for what is expected of him by the state as a citizen of the
country.
2. While determining the constitutionality of any law, if court finds
that it seeks to give effect to any of the duties, it may consider
such law to be reasonable, and thereby, save such law from
unconstitutionality.
3. Importance
1. They serve as a reminder to the citizens that while enjoying their
 rights, they should also be conscious of duties they owe to their
country, their society and to their fellow citizens.
2. They serve as a warning against anti-social activities like burning
the national flag, destroying public property and so on.
3. They serve as a source of inspiration for the citizens and promote
a sense of discipline and commitment among them. They create a
feeling that the citizens are no mere spectators but active
participants in the realisation of national goals.
4. They help the courts in examining and determining the
constitutional validity of a law. In 1992, the Supreme Court ruled
that in determining the constitutionality of any law, if a court finds
that the law in question seeks to give effect to a fundamental duty,
it may consider such law to be reasonable.
5. They are enforceable by law. Hence, the Parliament can provide
for the imposition of appropriate penalty for failure to fulfill any
of them.
4. Drawbacks
1. They are not well defined. Their ambiguity and vagueness make it
difficult for common man to understand them.
2. They are merely moral postulates and do not have justiciability.
There is no provision in the constitution for direct enforcement of
these duties. There is no sanction either to prevent their violation.
3. They prescribe duties for the citizens and not for the government
for better life and social progress.
4. Fundamental duties miss some important duties such as cast vote,
pay taxes, family planning etc.
5. They should have added after Part III so as to keep them on par
with fundamental rights.
5. What duties can be added
1. Duty to vote: The state can take several steps to ensure that this
duty to vote is made operational and effective. One method
through which this may be achieved is by developing a system of
incentives for voters and conversely disadvantages for those who
abstain from performing their duty to vote.
2. Duty to pay taxes: The incorporation of the right to pay taxes as
part of Fundamental Duties in the Constitution will shift the onus
 onto the taxpayer to pay taxes rather than the tax department to
collect them.
3. Duty to help accident victims: With the increase in the number
of accidents, it has become pertinent for India to recognise this
duty as one owed by its citizens towards each other.
4. Duty to keep the premises clean: The most effective mechanism
to tackle uncleanliness is to sensitise people about this duty.
Therefore, it is imperative that a Fundamental Duty to this effect
be added to the Constitution.
5. Duty to prevent civil wrongs: It is not enough that a citizen
refrains from committing wrong, he has a duty to see that fellow
citizens do not indulge in the commission of wrongs.
6. Fundamental Duties constitute the conscience of our constitution
and they should be treated as constitutional values that must be
propagated by all citizens.
6. Legal provisions for FD
Unique character of Indian constitution
1. Indian constitution borrowed its structural part from 1935 act, philosophical
part from American and Irish constitutions, political part from British
constitutions. Also it borrowed major features from Canadian, Soviet and
French constitutions. Though our constitution borrowed from so many
sources, it is unique in character.
2. Uniqueness
1. Blend of rigidity and flexibility: Some provisions can be amended with a
special majority, some with simple majority and some with special majority
along with ratification of half of the total states. No country has such different
procedures.
2. Parliament and SC: Parliament in India isn’t as strong as in Britain and
Judiciary not as supreme as in USA which recognises no limit on scope of
judicial review. Our constitution provides Judiciary with judicial review
however avoid expressions like due process of law.
3. Emergency provisions: Emergency provision enables the transformation
of federal structure into a unitary one without any formal amendments. This is
very unique to India.
4. Adult suffrage: India adopted adult suffrage from the very start which was
bold highly remarkable and unique. Even UK, USA failed to do so.
5. Three tier government: 73rd and 74th constitutional amendment Act
established a three tier government with panchayat and municipality
formations. Thus the vision of grass root self governance is achieved.
3. As Dr BR Ambedkar said that nobody holds any patent rights in the
fundamental ideas of a constitution. Borrowing from other sources is no
plagiarism. Framers of the constitution borrowed but suitably modified the
contents rectifying the mistakes.

Direct election of Mayor

1. The passage of the 74th Constitution Amendment in 1992 resulted in

Urban Local Bodies (ULBs). However, it did not prescribe the manner
of election, tenure or powers of the Mayors of ULBs. The current
election of Mayor is regulated by Municipal elections act of different
states. Recently, a private member’s bill was brought in Parliament
advocating direct election of Mayor in large Indian cities.
2. Pros of direct election
1. While there are multiple reasons for India’s urban woes, one of
the underlying problems is the absence of powerful and politically
accountable leadership in the city.
2. It will create politically relevant Mayors, hence it will create a
culture of meritocracy, performance and accountability.
3. Since the actions of Mayor is going to directly affect citizens
(works related to water supply, sanitation, cleanliness, birth
registration etc.,) hence it makes a strong case for direct election.
4. It will ensure autonomy as she doesn’t have to comply to diktats
from the party ruling the state. Ensures no hijacking of agenda of
the Municipality by the ruling party.
5. Chances are there that Mayor might prioritise interest of his own
ward over others. Direct election would help in making him
accountable to all.
6. It will be helpful in creating more transparency as communication
and reporting will be directly done by mayor.
3. Challenges in direct election
1. The first challenge is the status quo itself and the vested interests
it has entrenched. State governments do not wish to delegate more
authority to city level institutions.
2. There is a possibility that the mayor belongs to a party
commanding minority support in the municipality. In such a case,
conflicts between councillors and Mayor would be frequent. This
 may lead to more deadlocks. Ex: Shimla.
3. The state government appoints an Municipal Commissioner, to
discharge the executive functions. He can be used to cut the mayor
down to size.
4. There is little evidence to suggest that directly elected mayors are
better. States like Rajasthan and HP which introduced directly
elected Mayors reversed the decision due to the difficulties posed
by such a system.
4. Way forward
1. We need a powerful political executive in the city with more
autonomy, whether directly or indirectly elected.
2. Greater devolution of funds, functions and functionaries (3Fs) to
local bodies.
3. The commissioner can be made responsible to the mayor. This
will enhance accountability.
4. Municipal officials and staff should be provided training and
imparted skill sets needed for specialised functions like waste
management, sewage treatment, city planning etc.
5. Greater synergy between elected members and officials who
should be brought under elected members and appointed as full
time members rather than birds of passage.
6. Building transparency and implementing citizen’s charter.

Aadhar

1. "The government estimates that ₹90,000 crore have been saved in the
past few years till March 2018 by the use of Aadhaar," Mr. Jaitley
said. The Digital Dividend Report prepared by the World Bank
estimates that India can save ₹77,000 crore every year by the use of
Aadhaar.
2. Facts of Aadhar
1. More than 122 crore Aadhaar numbers had been issued, covering
99% of India’s population above the age of 18.
2. Many state supported schemes, including some by the DBT
mechanism, have been linked to Aadhaar. 10.33 crore
MGNREGA card holders get wage payment through DBT in their
bank accounts.
 3. 22.80 crore of PAHAL and Ujjwala beneficiaries are given
cooking gas subsidies through DBT in their Aadhaar-linked bank
accounts.
4. The Income Tax Department has already linked 21 crore PAN card
holders with their Aadhaar numbers.
3. SC judgement on Aadhar
1. While upholding the constitutional validity of Aadhaar scheme,
the Supreme Court has also ruled that Aadhaar Act doesn’t violate
your right to privacy when you agree to share biometric data.
2.

1. Students of CBSE, NEET, UGC also do not require Aadhaar

number to appear in exams. Even schools cannot seek Aadhaar
 card for admissions.
2. The constitution bench of the top court has also struck down the
national security exception under the Aadhaar Act. This will
indirectly ensure greater privacy of individual’s Aadhaar data
while restricting the government accessibility to it.
3. Justice Sikri said Aadhaar would not lead to a surveillance state
because the data was kept in silos. The program’s invasion of
privacy was minimal and served a much larger public interest by
providing identities to India’s poor and marginalized
citizens. After going through the Aadhaar scheme and structure, it
is difficult to profile a person on the basis of minimal biometric
information collected, the court said.

4.

Uniform Civil Code (UCC)

Fundamental right to freedom of speech and expression

1. Ban on books: Satanic verses, Kancha Ilaiah, Wendy Dongier, Perumal

Murugan. In both Kancha Ilaiah and Perumal Murugan case.
2. Ban on Films: Padmaavat, Lipstick under my Burkha.
 3. Dissent is safety valve in democracy -- Justice Chandrachud.

Laws for banning books

3. Legislature and Execuitve
Parliament

1. Articles 74 and 75 deal with the parliamentary system at the centre.

2. Features of parliamentary Government
1. Nominal and Real executive.
2. Majority Party rule.
3. Collective responsibility. They act as a team, and swim and sink
together.
4. Political Homogeneity.
5. Double membership.
6. Leadership of Prime Minister.
7. Dissolution of the Lower House.
8. Secrecy. The Ministers operate on the principle of secrecy of
procedure and cannot divulge information about their proceedings,
policies and decisions.
3. Parliamentary powers
1. The Parliament enacts legislations for the country. Despite being
the chief law making body, the Parliament often merely approves
legislations.
2. Perhaps the most vital function of the Parliament is to ensure that
the executive does not overstep its authority and remains
responsible.
3. The financial powers of the Parliament, involve grant of resources
to the government to implement its programmes. The legislature
also ensures that the government does not misspend or overspend.
This is done through the budget and annual financial statements.
4. The Parliament is the highest forum of debate in the country.
Members are free to speak on any matter without fear. Parliament
represents the divergent views of members from different
regional, social, economic, religious groups of different parts of
the country.
5. Parliament also performs some electoral functions. It elects the
President and Vice President of India.
6. The judicial functions of the Parliament include considering the
 proposals for removal of President, vice-President and judges of
High Courts and Supreme Court.
4. Shortfalls in our Parliamentary system
1. Anti-defection law restrains MPs from voting according to their
conscience.
2. Lack of recorded voting as a norm which reduces the
accountability of the MP as voters don’t know which way they
voted on each issue.
3. Party affiliation of the Speaker making her dependent on the party
leadership for re-election prospects.
4. Frequent bypassing of committees (just 25% of Bills have been
referred to committees in this Lok Sabha).
5. Insufficient time and research support to examine Bills. There is a
need for research support for all MPs.
6. Lack of a calendar (Parliament is held at the convenience of the
government).
5. Problems in parliamentary functioning
1. Delay in policy making: Several critical issues raised in the
Parliament have seen a slow death. Example: Passing of Triple
Talaq Bill, delay in GST bill etc.
2. Protests and walk outs: The recent frequent walkouts and
protests rendered the sessions chaotic and a waste of functional
days.
3. Lack of debate and discussion over key issues: The recent 124th
constitutional amendment bill which provided 10% reservation to
EWS was passed after just a single day of discussion.
4. Duration for which Parliament meets: Average number of days
parliament met has come down to 70 in 2017 from 120 in 1950s.
5. Un-parliamentary behaviour: Several instances of disruptions
and physical violence have been witnessed. Ex: Shouting slogans,
bringing placards into the well, using pepper sprays, etc.
6. Absence of MPs: Several MPs have been reported to be absent
for most of the working sessions including ministers during
question hours.
7. Waste of taxpayers’ money: The budget session washout of 2018
is estimated to have cost the nation almost 200 Crore based on
 loss of productivity and expenses of running both houses of
Parliamentary.
8. Poor image in world media: Records of disruptive, unproductive
parliamentary functioning, tarnishes the image of India as a
vibrant democracy.
6. Measures to improve its efficiency.
1. Proper training for members of parliament in conducting the
business of the house.
2. A minimum 120 days of meeting of both the houses must be
mandated through legislation.
3. Salaries and privileges of legislators must be linked to their
performance. Penalising the members including imposition of
fines, suspension from session etc. for unruly members.
4. Empowering the Presiding Officers of the House with additional
powers to punish unruly members.
5. Enforcing a code of conduct and code of ethics for members of
the house.
6. Making political parties more responsible for their conduct inside
the Parliament.
7. Setting up of coordination committees with members of ruling
party and opposition for smooth conduct of the House.
8. While introducing reforms in Parliament, it is all the more
important that the reforms should cover the political parties and
government.

Cabinet [Link]

How parliament controls finance

1. Union Budget: Annual financial statement presented by means of the

Finance bill and the Appropriation bill has to be passed by both the
Houses.
2. Imposition of tax: Any imposition of tax or collection of revenue
should be done only by the authority of law.
 3. Consolidated Fund of India (CFI): All revenues received or loans
raised by the government are deposited in the CFI. Parliamentary
sanction is necessary for any expenditure made from the CFI
(Article 266).
4. Financial Emergency: President can declare financial emergency only
after the approval by the Parliament (Article 360).

Various funds mentioned in Indian constitution

new doc 2019-07-15 17.27.15-

[Link]
Parliamentary privileges
new doc 2019-07-15 17.10.01-

[Link]
1. However, these sections have been prone to misuse. In 2017, the
Karnataka assembly Speaker ordered the imprisonment of two
journalists for a year based on recommendations in two separate reports
of its privilege committees.
2. Our legislators have the power to be the sole judges to decide what their
privileges are, what constitutes their breach, and what punishment is to
be awarded in case of breach. It is too wide a power, which clearly
impinges on constitutionalism, i.e. the idea of limited powers.
3. The U.S. House of Representatives has been working smoothly without
any penal powers for well over two centuries. In fact, the British House
has itself broken from the past. Acts and utterances defamatory of
Parliament or its members are no more treated as privilege questions.
4. Further codification would enhance accountability of legislatures as
once the privileges are embodied in the legislature enactment, it would
be open to judicial scrutiny and would be tested on the touchstone of its
consistency with constitutionalism.

Ineffectiveness of parliamentary control

 new doc 2019-07-15 17.04.55-

[Link]
Parliamentary system vs Presidential system

1. India already had some experience of running the parliamentary system

under the Acts of 1919 and 1935. This experience had shown that in the
parliamentary system, the executive can be effectively controlled by the
representatives of the people.
2. Merits of presidential system
1. It will make political parties to be more democratic and careful in
selecting a candidate. They will have to choose their best
candidate for a head-to-head contest.
2. Separation of powers of various branches found in this system is
an effective safeguard against arbitrary and oppressive
government.
3. The president will be fully in charge of the executive. He will be
able to attract the best and brightest to his cabinet, irrespective of
their political affiliations.
4. There is unity of control in administration and there is absence of
delay in taking decision.
5. Presidential system provides more stability than the parliamentary
system. The president will be elected by the people and will be
voted out by them. He will not have to appease unreasonable
allies.
6. Increased efficiency of legislature, as the legislature will be free to
do its work, that is to pass laws, instead of devising methods to
criticize the government. It will truly engage the electorate with
the democratic process.
7. Presidential system presents a clear choice for voters. The
parliamentary system has distorted the voting preferences of an
electorate that knows which individuals it wants but not
necessarily which parties or policies.
8. Tough and unpopular decisions.
3. Demerits
1. Abuse of power by the President.
2. Frequent conflicts between the legislature and the executive may
 lead to deadlocks.
3. There is no continuous accountability of the executive to the
representatives of the people in the legislature. The fixed term of
office of the executive also curtails responsiveness to public
opinion.
4. In a diverse country like India, it can lead to a situation where the
views of an individual can override the interests of different
segments, especially minorities.
5. Election is uncertain and the mass is often unpredictable.
Therefore, competent and qualified persons do not like to contest
in elections.
4. Merits of parliamentary system
1. Close link between executive and legislature avoids conflict
between the two organs of government.
2. There is much more accountability in parliamentary system.
3. Pluralistic nature of our society demands giving representation to
diverse sections and regions and include majority of people into
political stream.
4. It puts an emphasis on institution building rather than a form in
which the executive power was vested in a single individual.
5. Presidential suit in two party system. In Multi-party state there
will be fractured mandate and President may loose legitimacy.
6. The parliamentary system also provides for financial
accountability.
5. In India context given the vast number of parties and maturing stage of
democracy it is preferable to continue with Parliamentary form due to
its stability and other advantages.

Parliamentary committees

1. The work done by the Parliament in modern times is not only varied in
nature, but considerable in volume. The time at its disposal is very
limited. In 2015, the parliament has only met for 72 days. It cannot,
therefore, give close consideration to all the legislative and other
matters that come up before it. A good deal of its business is, therefore,
transacted by what are called the Parliamentary Committees.
 Parliamentary Committees are of two kinds, Ad hoc Committees and
the Standing Committees.
2. Ad hoc committees are appointed for a specific purpose and they cease
to exist when they finish the task assigned to them. The principal Ad
hoc Committees are the Select and Joint Committees on Bills. Each
House of Parliament has Standing Committees like the Business
Advisory Committee (BAC), the Committee on Petitions, the
Committee of Privileges and the Rules Committee, etc.
3. There are committees which act as Parliament’s watch dogs over the
executive. The Committee on Estimates, the Public Accounts
committee (PAC), the Committee on Public Undertakings and DRSCs
play an important role in exercising a check over governmental
expenditure and the policy formulation.
4. Benefits
1. They function throughout the year. Thus they are helpful in
discharging Parliament’s obligations. Their reports allow for
informed debate in Parliament.
2. They also offer an opportunity for detailed scrutiny of bills and
suggest important amendments. Ex: Deadlock in passage of
Prevention of corruption act, 2013 has been removed by two
parliamentary committees.
3. Committees like PAC act as watchdogs of the executive and hold
them accountable. DRSCs help parliament in discharging its
financial powers by scrutinising the budgets of various
departments and ministries.
4. Committees also provide a forum to build consensus across party
lines.
5. These committees allow the views of diverse stakeholders. They
help develop expertise in subjects, and enable consultation with
independent experts and stakeholders.
6. They help in obtaining public feedback on various contentious
issues.
5. Limitations
1. Every bill of parliament need not be referred to standing
committees, which reduces the greater scrutiny. In the 16th
Loksabha, only 29% bills have been scrutinised by parliamentary
committees as compared to 60% and 70% of bills being examined
 in 14th and 15th Lok Sabhas respectively.
2. They do not have own research expert staff and they mostly rely
on expert opinion from Government and other stake holders.
3. Norms not followed by most political parties while nominating
MPs to committees.
4. Along with this there is low attendance of MPs at meetings.
5. DRSCs are constituted newly every year. This gives very little
time for specialisation.
6. Way forward
1. Indian can adopt the British model where there is mandatory
scrutiny of all the bills by parliamentary committees.
2. Parliamentary committees don’t have dedicated subject wise
research support available. Their work could be made more
effective if the committees had full time, sector specific research
staff.
3. A law can be drafted regarding the norms to be followed for
appointments in to the committee rather than depending on the
precedents.
4. The number of DRSCs can be increased and their term can be
increased from present 1 year.
5. Major reports of all committees should be discussed in Parliament
especially in cases where there is disagreement between a
committee and the government. The recommendations of the
PACs should be accorded greater weight.
6. As suggested by national review of constitution committee, three
new committees on national economy, scrutinising constitutional
amendment bills and legislative planning can be setup in the
parliament.
7. Should be open to public because
1. It will bring transparency and openness to the whole law making
process. It will make government more accountable to people as
public scrutiny will prompt it to take right decisions.
2. It will make public more politically literate and present them with
opportunity to understand lawmaking process and law makers
better and will enhance their decision making power.
8. Should not be open to public
 1. This will make the whole process more time consuming.
2. It may lead to fracturing of law making process as a result of
divisions in the body.
3. Closed door mechanisms are necessary for sensitive matters like
defence and foreign relations to maintain the secrecy.
4. Public opinions are many a times swayed by emotional motives
which will hinder the pragmatism required while making
decisions.

Parliament [Link]

Rajya sabha

1. Seats in Rajya Sabha have been allocated seats on the basis of

population. As a result, number of seats allocated to its federating units
is not uniform. Even though some in the Constituent Assembly
favoured the equal representation of states, it was not adopted as Indian
federation was not formed out of any contract unlike United States.
Also, there were centrifugal tendencies and the country had just
witnesses the mayhem of partition and thus a centralised polity with
unequal representation of states in RS was adopted.
2. Case for equal representation
1. The number of seats in the Lok Sabha are anyway is directly
linked to the population and there is no need to duplicate the
principle.
2. Nine States in India have just one member each in the Rajya
Sabha.
3. Just ten populous States occupy nearly 70% of the seats. Some
smaller States have expressed resentment at their inability to make
their voice felt at the Centre.
4. A resolution under article 249 can be passed even if bottom 14
states having least representation oppose such a resolution.
5. Due to coalition politics, the interests of parties take precedence
over the interests of the States. So there are concerns whether
even after giving equal representation, the behaviour of
representatives of those States in the council will be according to
 the interests of State and not their interests of their party.
3. Case for unequal representation
1. Equal representation will not represent population which is
ultimate base for mobilization of democracy.
2. Some scholar argues that providing equal share in Rajya Sabha
will create centrifugal tendencies.
3. The Rajya Sabha doesn’t exclusively represent the federal
principle except when exercising the special powers under
Articles 249 and 312. The main objective of RS as envisaged was
to hold dignified debates and to share the experience of seasoned
persons. It also has legislative function.
4. The greatest opponents of such a change would be those states
that enjoy larger number of representatives in the Rajya Sabha.
This would defeat the amendment bill.
5. The 2/3rd majority argument seems weak in practice because
members in RS vote along party lines. Second Chambers are
increasingly becoming national institutions rather than
representing states.
4. However, Indian federation has matured since independence and a
balance of power between States is desirable and this is possible by
equality of representation in the Rajya Sabha. Punchi Commission also
endorsed equality of representation of states in Rajya Sabha.
5. Arguments for removing domicile requirement
1. Small states which have very less representation in Rajya Sabha
may send more representatives if no domicile requirement exist.
2. Domicile concept breeds partisan politics, which is not favourable
in a diverse Indian political setup.
6. Arguments for retaining domicile requirements
1. Members hold allegiance to their political party rather than state
and their actions are guided by political expediency rather than
state’s interest.
2. Any member can be elected from any state. Thus, elected
members are not representative of the state’s socio-ethnic
composition.
3. They are not aware about the ground realities of respective state
and hence their contribution to policy making regarding state is
 minimal.
4. They fail to act as the conduit between the centre and state and
present state’s concerns in parliament.
5. The current system has become biased against small states who
already miss out representation of their people in the parliament
owing to limited parliamentary seats.
7. Thus domicile requirements must be reinstated. Equal representation to
all states must be given. Ethics committee in RS to educate and guide
the members on the ethical issues related to their duty and making them
understand that what is legal may not necessarily be ethical.
8. Equal vs unequal position of RS with LS

new doc 2019-07-15 17.17.24-

[Link]
Code of Conduct For MPs and MLAs

1. Recently, Vice President has called on political parties to evolve a

consensus on a code of conduct for their members, both inside the
legislature and out of it, so that people do not lose faith in political
processes and institutions. A Code of Conduct for members of Rajya
Sabha has been in force since 2005. There is no such code for Lok
Sabha.
Speaker

1. Since the Indian system of government follows the Westminster Model,

the Parliamentary proceedings of the country are headed by a presiding
officer who is called a Speaker. In other words, the Speaker is
responsible for ensuring the smooth functioning of the House. The Lok
Sabha chooses its Speaker through a vote.
2. Speaker derives powers from
1. Constitution of India.
2. Rules of procedure and conduct of business of Lok Sabha.
3. Parliamentary conventions.
3. Role of speaker
1. The Speaker presides over the meetings in the House. The
business in the House is conducted by the Speaker, ensuring
discipline and decorum amongst its members. He/she guards the
rights and privileges of the members of the two Houses. He/she
also permits various parliamentary procedures such as the motion
of adjournment, the motion of no-confidence, the motion of
censure, among others.
2. He is the final interpreter of provisions of a) constitution of India
b) rule of procedure c) parliamentary precedents within the
house. The Speaker ensures that MPs are punished for unruly
behaviour. A Speaker can also disqualify an MP from the House
on grounds of defection.
3. In the absence of a quorum in the House, he/she adjourns the
House or suspends it.
4. He is the sole authority to decide whether a Bill is a Money Bill or
not. His decision is final in this regard.
5. A Speaker uses his/her power to vote in order to resolve a
deadlock.
6. The Speaker of the Lok Sabha presides over a joint sitting of the
two Houses of Parliament.
7. He decides on the questions of disqualification under 10th
schedule.
8. Speaker appoints the Chairman of all the parliamentary
committees and supervises their functioning. He himself is
 chairman of the Business Advisory committee, the Rules
committee and the General Purpose committee.
9. Besides heading the Lok Sabha, the Speaker is also the 'ex-officio'
President of the Indian Parliamentary Group.
4. Independence and impartiality
 1.

2.

Money bill and Speaker

1. A Money bill is defined in Article 110 of the constitution as one which

only contains provisions related to taxation, borrowings by the
government, or expenditure from CFI. A Money bill only needs the
approval of Lok Sabha. The power of certification vested in the speaker
of the Lok Sabha, whose decision is final. Some have raised concerns
about the finality of the Article as Rajya Sabha can’t question the
 decision of the Speaker even when it is malafide. Ex: Aadhar bill,
FCRA amendment bill, etc.
2. Impact of indiscriminately passing bills as money bills
1. By-passing Rajya Sabha affects the federal character of Indian
Polity, which is one of the basic structure of Constitution.
2. Constitution has cast the Rajya Sabha as a revisory house to
prevent hasty, politically motivated legislation and not as a
secondary house.
3. Rajya Sabha keeps a check on authoritarian character of a
Government that enjoys absolute majority thereby ensuring that
debates, discussions are still central in the functioning of
government.
4. Passing off bills as money bill casts aspersion on the neutrality of
the office of Speaker. Speaker has a role to play in the smooth
functioning of legislature and neutrality is a paramount quality of
a speaker. Violates the spirit of Article 110.
5. It is therefore necessary to evolve a proper procedure for the
speaker to arrive at a decision. A committee of the secretaries
general of both houses may examine in detail the given bill and
submit their views to the Speaker before she takes a final decision
on certifying bill as money bill.
6. It may be remembered that Article 122 provides immunity against
challenges to the proceedings only on the grounds of procedural
irregularities. A wrong decision taken under Article 110(3) is not
a procedural irregularity and hence does not grant any immunity
to the Speaker’s decision.
3. SC judgement
1. Article 110(3) of the constitution declares that speaker is the final
authority in deciding whether a bill is a money bill. SC has
refrained from direct confrontation with speaker’s power as
Article 122 of the constitution restricts court from inquiring into
proceeding of Parliament and examining their validity.
2. But it reviewed the powers of the speaker related to the anti-
defection law and laid down that speaker’s decision is not final
and it can be challenged. It went on to say that the protection of
Articles 122 and 212 was only to protect the validity of
proceedings from mere irregularity of procedure.
 [Link], in similar case in 2014, the UP Assembly passed a bill
to amend the Uttar Pradesh Lokayukta act as a money bill. The act
was challenged but the Supreme Court decided that the decision
of the speaker in a Money bill is final.
4. Thus the question of application of judicial review over speaker’s
action in declaring a money bill is not settled. It is true that certain
actions have led to controversies in the near past. We need to
bring some reform such as UK’s practice of appointing a
committee of two senior legislators to assist the speaker over the
question of money bill.
4. Ways by which a Speaker compromises neutrality
1. The position of the Speaker is paradoxical. They contest the
election for the post on a party ticket. Yet they are expected to
conduct themselves in a non-partisan manner.
2. The fear of losing the current position in case of not favouring
their political parties also pushes them to compromise neutrality.
3. The determination of whether a representative has become subject
to disqualification, post their defection, is made by the Speaker.
4. The absoluteness of the Speaker’s decisions can also be an
incentive for potential abuse. Ex: Money bill.
5. Ways to bring neutrality
1. The practise followed in UK of speaker giving up the party
membership can be followed.
2. The discretion of the speaker in matter of anti-defection must be
taken away and be kept in hands of President.
3. Any Speaker should be barred from future political office, except
for the post of President or Vice-president.
4. Some of the speaker’s decision can be brought within the judicial
review.

Devices of Parliamentary proceedings

1. Question Hour: First hour of every parliament sitting is slotted for this.
Members ask three types of questions -- Starred questions, Unstarred
questions, Short notice questions.
2. Zero Hour: This is an informal device available to members to raise
 matters without any prior notice. It is an Indian innovation.
3. Motions: No discussion on a matter of public importance can take
place except on a motion made with the consent of the presiding officer.
Motions fall into three types of categories -- Substantive motions
(important matters like impeachment), Substitute motions (substitution
of an original motion) and Subsidiary motions.
4. Closure motion: To cut short the debate on the matter.
5. Privilege motion: Breach of parliamentary privileges by a minister.
6. Calling attention motion: To call the attention of the minister to an
urgent matter of public importance.
7. Adjournment motion: To draw the attention of the House to a definite
matter of urgent public importance.
8. No-confidence motion and Censure motion: To enforce collective
responsibility of the Ministers to Lok Sabha.
9. Resolutions: To raise attention of house to matters of general public
importance.

Office of profit

1. The term office of profit has not been defined in Indian constitution.
But article 102 and 191 of the Indian Constitution bars a member of the
Indian Parliament and state legislature from holding an office that
would give a financial benefit. Any violation attracts disqualification of
MPs or MLAs. Recently Delhi Government appointed 27 MLAs as
parliamentary secretaries. Regarding this, Election Commission issued
show cause notice to its 27 MLAs on a petition seeking their
disqualification for allegedly holding office of profit.
2. This concept is designed to
1. Secure independence of the MPs and MLAs and preserve the
separation of powers.
2. Obviate a conflict of interest between the duties of office and their
legislative functions.
3. The reasons for controversy
1. Neither the constitution nor the RPA, 1951, explicitly defined the
term.
2. OoP is also used to circumvent Article 164 of the constitution
 which limits the number of Ministers in the cabinet.
3. The legislatures have kept on expanding exemptions from
disqualification under Articles 102 and 191 without any proper
rationale. Prevention of Disqualification Act, 1959 exempts
several posts from disqualification on the grounds of Office of
Profit.
4. Posts like chairmanships of corporations, parliamentary
secretaryships of various ministries and other offices of profit are
used as to appease and leverage legislators as way of buying
peace for the government.
4. Guidelines by EC and SC
1. Whether the government makes the appointment.
2. Whether government has the right to remove or dismiss the
holder.
3. Whether the government pays remuneration and what the
functions of the holder are.
4. Supreme Court held that each case must be measured and judged
in the light of the relevant provisions and sections.
5. In Jaya Bachan Case, Sc held that to decide whether a person is
holding Oop or not, it must be considered whether the post is
capable of yielding profit and not if the person has actually
relieved the profit.
5. Explicit rule
1. The practice followed in England that whenever a new office is
created, the law also lays down whether it would be an office of
profit or not can be followed in India also.
2. All offices purely advisory in nature should not be treated as
office of profit.
3. Any government undertaking responsible for control and
distribution of funds shall be treated as office of profit.
4. MPLADS and MLALADS must be abolished.

Anti-defection law

1. The 52nd amendment to the Constitution added the Tenth Schedule

which laid down the process by which legislators may be disqualified
 on grounds of defection.
2. Grounds of disqualification
1. When the elected member voluntarily gives up his membership of
a political party.
2. If he votes or abstains from voting in such house contrary to any
direction issued by his political party or anyone authorised to do
so, without obtaining prior permission.
3. Independent members would be disqualified if they joined a
political party.
4. Nominated members who were not members of a party could
choose to join a party within six months. After that period, they
were treated as a party member or independent member.
3. Positives
1. To prevent horse trading and frequent changing of political
parties.
2. To prevent political instability.
3. Voters elect a candidate both on individual capacity and for the
party he belongs to.
4. Five-judge constitution bench of the supreme court in 1992
(Kihoto Hollohan) held that the law does not violate any rights or
the basic structure of parliamentary democracy.
5. The argument that it curtails the legislative activity of private
members is countered by the presence of various standing
committees which streamlines legislative business in the
legislature.
4. Issues
1. There is no mention of time frame for Speaker to take decision
regarding disqualification which is one of the main loophole in the
law.
2. The law does not apply to pre-poll alliances.
3. ADL cannot prevent mass defections. Ex: TDP MLAs in Rajya
Sabha.
4. Curtailment of legislator’s right to vote according to his
conscience. Also, disincentivising lawmakers from serious
thinking, researching or even rifling for best practices to
incorporate into legislation. So, it has reduced the quality
discussion in Parliament as members are made to toe the party
 line.
5. The decision of the presiding officer is final and not subject to
judicial review. Though there is provision of judicial review
(Kihoto Hollohan case, 1993) still judiciary is by and large
helpless.
6. Unfortunate trend that has recently manifested itself is the use of
House majorities to get even Private Members bills defeated at the
introduction stage.
5. Way forward
1. Dinesh Goswami Committee on electoral reforms (1990) suggests
that the issue of disqualification should be decided by the
President/Governor on the advice of the Election Commission.
2. Halim Committee on anti-defection law (1998) suggests that the
words ‘voluntarily giving up membership of a political party’ be
comprehensively defined.
3. The Law Commission (1999) suggested that mergers shouldn’t be
exempt from disqualification.
4. The Constitution Review Commission of 2002 suggested that
defectors should be barred from holding public office.
5. Need to define the entire procedure clearly and set definite time
limits for each step of the process, ensuring transparency.
6. The rationale that a representative is elected on the basis of the
party’s programme can be extended to pre-poll alliances.
6. Defections are blot on our democracy. They reduce the trust of people
in our parliamentary system. Defections bring a culture of corruption,
instability, etc. They needs to be nipped in the bud.

Treaty making powers of the Union executive

1. Entering into treaties and agreements with foreign countries are items
left to the Union Government. On the other hand, article 253 confers
exclusive power on Parliament to make any law for implementing any
treaty, agreement or convention with any other country.
2. Therefore exercise of the power by union executive obviously cannot
be absolute or unchartered in view of the federal structure of legislative
and executive powers. So Parliament must make a law to regulate treaty
making powers of Union executive.
3. Argument for such law
1. Legislature has to maintain continuous accountability of the union
executive.
2. Several international treaties like the WTO agreement have
serious implications for the states, especially with respect to state
subjects like agriculture. In all such cases, consultation with the
States and concurrence of the Inter-State Council must also be
made mandatory.
3. Agreements which largely relate to defence, foreign relations etc.,
which have no bearing on the individual rights or rights of the
states can be put in a separate category on which the executive
may act independently. Other treaties which affect the rights and
obligations of citizens as well as those which directly impinge on
subjects in state list should be negotiated with greater involvement
of States and representatives in Parliament.
4. There may be treaties or agreements which put obligations on
particular states affecting its financial and administrative
capacities. In such situations, in principle, the Centre should
underwrite the additional liability of concerned states according to
an agreed formula between the Centre and States.
5. Financial obligations and its implications on State finances arising
out of treaties and agreements should be a permanent term of
reference to the Finance Commissions constituted from time to
time. So that Commission may come up with the recommend
compensatory formulae.
4. Arguments against such law
1. Where parliamentary approval is required, it has led to certain
complications. Ex: US Senate and Treaty of Versailles. In Indian
case, treaties between India and Nepal and with Bangladesh on
sharing of the Ganga waters would not have been possible had
these agreements been submitted to Parliament for ratification.
2. In view of the fact that treaties may relate to all types of issues
within or outside the States concern, there cannot be a uniform
procedure for exercise of the power.
3. Some agreements require approval of Parliament to come into
effect. Thus any WTO agreements can be implemented only by
Parliament by making a law.
 [Link] our system of parliamentary government, executive has to
render continuous accountability to Parliament anyway.
5. Ways to democratise treaty making power
1. As stated by Punchi commision, Parliament should make a law on
the subject of entering into treaties and agreements with foreign
countries. The law should regulate the treaty making power of the
Union.
2. A committee of Parliament can be constituted to whom every
treaty proposed to be signed or ratified shall be referred. This will
decide whether to to be signed by the Union executive without
referring the matter for consideration to Parliament or state
Government.
3. Proper accountability system should be established at the central
as well as state level. Besides accountability, the exercise of
power must be open and transparent.
4. The law made by Parliament must also provide for consultation
with affected persons, organisations and stake holders, in general.

President’s rule

1. According to Article 356, President’s rule can be imposed in a state if a

situation has arisen in which the Government of the state cannot be
carried on in accordance with the provisions of the constitution. It has
been imposed more than 120 times shows that the provision has been
mis-used.
2. Circumstances in which it is imposed
1. Art. 356: When the state government is not being carried on
according to constitution i.e. break down of constitution.
2. Art. 365: When the state Government does not follow the
executive directions of the Centre.
3. The state legislature is unable to elect a leader as Chief Minister.
4. The collapse of a coalition government due to disagreements,
parting ways within the members.
5. Serious breakdown of law and order.
6. Shoot up of insurgency or rebellion.
3. Necessity of President's rule
 1. Preserving the unity and integrity of the nation. For example,
Prime Minister P.V. Narasimha Rao’s government dismissed four
state governments lead by the BJP in the wake of the destruction
of the Babri Masjid. Supreme court in SR Bommai case upheld
the dismissal.
2. It is necessary is when no party can form a government and a
political crisis arises. For example, in 2002 election in Uttar
Pradesh and in 2005 election in Bihar, no single formation
cobbled sufficient seats to take oath as government. In such a
situation, the Governor recommended President’s rule to the
central government.
3. Maintaining peace and harmony in the state. Ex: In Punjab during
Khalistan Movement.
4. It has become controversial because

5. S R Bommai vs Union of India

1. President proclamation imposing President's rule is subject to
judicial review. Burden lies on the centre to justify president rule.
2. Court cannot question the advice tendered by Council of ministers
but it can scrutinise the ground for that advice of imposition of
President’s rule in the state and may take corrective steps if
malafide intention is found.
3. Use of Art 356 is justified only when there is breakdown of
constitutional machinery and not administrative machinery.
4. Secularism is basic feature of the constitution. Hence, a state
government pursuing anti-secular politics is liable to action under
Article 356.
5. The state legislative assembly should be dissolved only after the
parliament has approved the presidential proclamation. The
strength of the government should be tested on the floor of the
house and not as per whims of the Governor.
 6. The power under article 356 should be used sparingly.
6. Other SC decisions
1. SC has used the Sarkaria commision recommendations to give
directions regarding applicability of president’s rule. It said mal-
administration, corruption accusations, internal disturbances
cannot be a reason for imposition of President’s rule.
2. In Rameshwar Prasad case, SC has said that the subjective
interpretation of Governor cannot override majority in the State
legislature.
7. How president should act
1. President should ensure that the demand for imposition of Article
356 should not be rooted into any kind of dispute between the
union and state government.
2. President should ensure that the Governor must not be acted on
union Government’s direction.
3. President must ensure that the union Government has followed the
procedure like issuing warning to state first, giving adequate time
to reply etc.
4. President, before issuing proclamation, must ensure that the
constitutional machinery in the state has indeed been broken.
8. Arunachal decision of SC
1. Judgment is historic since it is the first time the Supreme Court
has restored a government after it was dismissed and a new
government was sworn in.
2. SC directed that a Governor cannot have the freedom to determine
when and in which situation he can take a decision at his own
discretion without the aid and advice of the Chief Minister and his
Council of Ministers.
3. As per the judgment, Governor can act without the aid and advice
only when a government has lost its majority in a floor test.
4. Judgment also ruled that the Governor had to stay away from the
business of the Assembly. Hence it would be outside the domain
of his powers to fix a date for an Assembly session or to decide
how the assembly functions.
9. Impact
1. The main significance of this verdict is that it provides clarity on
 the Governor’s role. The Governor has no authority to resolve
disputes within a political party.
2. Also, he has no discretionary power to advance an Assembly
session without the aid and advice of the Council of Ministers nor
can he fix its agenda. In future, Judgment will be helpful in
avoiding the misuse of the Governor’s power under Article 356.

Powers of the President

1. Important articles
1. Article 53: Executive power of union shall be vested in
President.
2. Article 74: President shall act in accordance with the advice
tendered by CoM.
3. Article 75: Collective responsibility of CoM to Lok Sabha. Also
deals with appointment, qualification, salaries, etc of CoM. CoM
shall not exceed 15% of the total strength of Lok Sabha.
4. Article 78: Duty of the PM to communicate to the President all
decision of CoM relating to the administration of the affairs of the
union.
2. Executive powers
1. Article 53(1) vests the executive power of the union in the
president. All executive actions of the Government of India are
formally taken in his name.
2. He appoints Prime Ministers and other Ministers. They hold office
during his pleasure.
3. President of India makes appointment to various constitutional
posts. These include CAG, UPSC members, attorney General,
ISC, etc.
4. He makes rules for more convenient transaction of the business of
the Union Government, and for allocation of said business among
the ministers.
5. He can declare any area as scheduled area and has powers with
respect to the administartion of the scheduled and tribal areas.
6. He directly administers union territories through administrators
appointed by him.
3. Legislative powers
1. President of India is a inseparable part of Indian Parliament
despite not being member of any house.
2. President has power to summon or prorogue the two houses of the
Parliament. The President may dissolve the Lok Sabha.
3. President nominates 2 members of Anglo Indian Community in
the Lok Sabha (Article 331). He also nominates 12 members of
Rajya Sabha if they excel in Art, Literature, Science, Social
Science, Culture etc. (Article 80).
4. The bills passed by the parliament become acts only after assent
of president.
5. He has power to promulgate an ordinance when the Parliament is
not in the session (Article 123).
6. He decides on questions as to disqualification of members of the
Parliament, in consultation with EC.
7. His prior recommendation is needed to introduce certain types of
bills in the parliament. Ex: Bill involving expenditure from the
consolidated fund of India.
8. He can make regulations for peace , progress and good
government of A&N Islands, Lakshadweep, etc. In case of
Puducherry also, the president can legislate by making regulations
but only when the assembly is suspended.
4. Financial powers
1. Money bills can be introduced in the Parliament only with prior
recommendation of President.
2. He causes to be laid before parliament the Annual Financial
Statement (Budget).
3. No demand for grant can be made except on his recommendation.
4. He can make advances out of the contingency fund of India.
5. He constitutes a finance commision after every 5 years to
recommend the distribution of revenues between the centre and
the states.
5. Judicial powers
1. Article 72 says that the President shall have the power to grant
pardons, reprieves, respites or remissions of punishment.
2. He appoint the chief Justice and judges of supreme court and high
 courts. He can seek advice from supreme court on any questions
of law or fact.
6. Diplomatic powers
1. President appoints ambassadors to foreign countries and receives
diplomatic delegates of foreign countries.
2. The international treaties and agreements are negotiated and
concluded on behalf of the President.
7. Military powers
1. The President is the Commander-in-Chief of the Defence forces.
2. He can declare war or conclude peace subject to the approval of
the Parliament.
8. Emergency powers
1. President is assigned three kinds of emergency powers under
Article 352, 356 and 360.
9. Limitations of Ordinance powers
1. He can promulgate an ordinance only when both the houses of
parliament or at least one house are not in session.
2. He can make an ordinance only when he is satisfied that the
circumstances exist that render it necessary for him to take
immediate action.
3. An ordinance can be issued only on those subjects on which the
parliament can make laws. An ordinance is subject to the same
constitutional limitation as an act of Parliament. Hence, an
ordinance cannot abridge any fundamental right.
4. Every ordinance issued by the President during the recess of
Parliament must be laid before both the houses of Parliament
when it re-assembles. It cannot be issued to amend the
constitution.
10. Important points in ordinance powers
1. In Krishna Kumar Singh vs. State of Bihar SC held that the failure
to place an ordinance before the legislature constitutes abuse of
power and a fraud on the constitution.
2. The Securities Laws (Amendment) Ordinance, 2014 was re-
promulgated for the third time during the term of the 15th Lok
Sabha.
3. Governments also take the ordinance route to address matters of
public concern as was the case with the Criminal Law
 (Amendment) Ordinance, 2013.
4. Triple Talaq ordinance to by-pass legislature.

Article 72 and Article 161

1. Provisions and Procedure

1. Under Article 72 of the constitution, the President can grant
pardon, suspend, remit or commute a sentence of death. However,
President acts on the advice of the Council of Ministers. The view
of the Union Ministry of Home Affairs (MHA), conveyed to the
President in writing, is taken as the view of the Cabinet.
2. Once a convict has been finally awarded the death sentence by the
Supreme Court, anybody, including a foreign national, can send a
mercy petition with regard to that person to the President’s Office
or the MHA.
2. Pardoning power to President in cases
1. Punishment or sentence is for an offence against Union Law.
2. Punishment or sentence is by a court martial.
3. Sentence is sentence of death.
3. Types of pardon
1. Pardon: Completely absolves the convict from all sentences,
punishments and disqualifications.
2. Commutation: Substitution of one form of punishment for a
lighter form. Ex: Death sentence to rigorous imprisonment.
3. Remission: Reducing amount of sentence without changing its
character.
4. Respite: Awarding lesser sentence in place of originally awarded
due to some special fact, such as physical disability.
5. Reprieve: Temporary suspension of sentence to enable the
convict to have time to seek pardon or commutation.
4. SC directives on pardoning powers
 1.
5. Issues
1. There is no fixed timeframe for disposing of a mercy petition,
both the MHA and President have sometimes delayed decisions
 for years. For example, at the end of his five-year term, Dr. Kalam
left behind over two dozen mercy pleas, having decided only two.
2. Moreover, there have been allegations that due process is not
being followed in awarding capital punishment. Ex: Yakoob
Menon case.
3. There is lot of subjectivity involved in the entire process and it
depends upon the views of the each President.
4. On the issue of delay in deciding mercy pleas, the Supreme Court
in a landmark judgment in 2014 held that the death sentence of a
prisoner cannot be commuted to life imprisonment on the ground
of delay on the part of the government in deciding the mercy
plea.
6. Death penalty in India
1. In India, capital punishment is awarded for murder, gang robbery
with murder, abetting the suicide of a child or insane person,
waging war against the government, and abetting mutiny by a
member of the armed forces. It is also given under some anti-
terror laws for those convicted for terrorist activities. Recently, in
2018, India has introduced death penalty for those who rape
children under age of 12.
2. The death sentence is imposed only when the court comes to the
conclusion that life imprisonment is inadequate based on the facts
and circumstances of the case.
3. In Bachan Singh case, the SC upheld the validity of death penalty
and provided that death penalty should be awarded only in the
rarest of rare cases.
4. In Shatrughan Chauhan vs Union of India, SC further humanised
the implementation of capital punishment. Prior to this
judgment, the execution of the sentence is entirely in the domain
of the executive. This status quo was challenged through this
judgement and created new forms of the accountability of the
executive at all stages of the pardon process, right from the level
of the Ministry of Home Affairs all the way up to the office of the
President of India.
7. Arguments for death penalty
1. Rarest of rare cases: The death penalty is imposed only in rarest
of rare cases that shock the conscience of society. This is
 reflective in the fact that in the last 13 years, only four people
have been executed.
2. Problem of terrorism & neighbourhood: India’s neighbourhood
is not peaceful, unlike Scandinavia. On the contrary, every day
vested interests attempt to destabilize the very idea of our nation
from across every border.
3. Controlling law and order: In 1991, the Supreme Court cited its
use in defending law and order as the reason for its continuance.
4. Retributive/Deterrance effect.
8. Cons of capital punishments
1. The death penalty is criticized mainly on three counts i.e.
arbitrariness, irreversibility and human rights.
2. There has been an arbitrary manner/application in which death
penalty is awarded by different judges (judge-centric variations)
and the way public discourse influences such decisions.
3. If court proceedings were based on false evidence or crime was
shown as more gruesome than actual. Capital punishment in such
cases can’t be reverted back.
4. There is lack of resources in India justice system, an overstretched
police force and ineffective prosecution as among the reasons. As
a result, the administration of capital punishment is vulnerable to
misapplication.
5. There is no evidence to suggest that the death penalty has greater
deterrent effect than life imprisonment.
6. Many a times, it is found that Capital punishment are awarded to
less privileged people coming from poor and lesser represented
background. Rich convicts get away with good lawyers. Hence
capital punishment will discriminated on economical ground of
convict.
7. Disposal of mercy petitions are also based on personal beliefs of
individual Presidents.
8. It is influenced by public opinion. It evokes nation’s emotion and
if it exists, always people will demand for it in protests and
dharnas. It can be seen in Nagaland Mob lynching case, where
mob took law in their hand to deliver then and there justice.
9. Gandhian principles also asks for killing crime and not criminal.
International best practices like in Norway where punishment is
 treated as corrective measures, and prisons are designed to get the
person out of it.
9. The Supreme Court has covered considerable ground in limiting the
scope, to the rarest of rare case. The treatment of death row prisoners
has been humanized and there is scope for judicial review even against
a sovereign decision denying clemency.

Governor

1. Article 153 of the Constitution requires that there shall be a Governor

for each State appointed by the President, holding office during his
pleasure. Governor is titular head of state executive. But, he has more
discretionary powers than President of India, as unlike President he is
not bound by advice of the state’s cabinet.
2. Discretionary powers
1. Reservation of a Bill for consideration of the President (Article
200).
2. Recommendation for imposition of President’s rule in state.
3. Exercising his functions as administrator of an adjoining union
territory.
4. In the States of Assam, Meghalaya, Tripura and Mizoram,
Governor determines the amount payable to an autonomous Tribal
District Council.
5. Seeking information from Chief Minister with regard to
administrative and legislative matters of the state.
6. Appointing Chief Minister when no party has acquired clear cut
majority and dismissal of the Council of Ministers when they lose
confidence of assembly.
3. Factors that led to politicisation of office
1. In our country, it has become a tradition that whenever there is
change of guard at the centre, State governors are removed or
appointed as per the convenience of the center.
2. Wide discretionary powers of governor give him ample scope to
act independently of elected state’s executive. Ex. Article 356.
3. It was expected that Governors would be elderly statesmen,
however, the post has become a spoils post. Sometimes people
 unworthy of holding such high constitutional positions getting
appointed.
4. Legislature both at the Centre and state can’t impeach governor,
giving him absolute patronage of central executive.
4. Sarkaria Commission
1. He should be eminent in some walk of life and should be a person
from outside the state.
2. He should be a detached figure and not too intimately connected
with the local politics of the state.
5. Punchi Commission
1. Governors should be given a fixed tenure of five years and their
removal should not be at the sweet will of Centre.
2. It is necessary to provide for impeachment of the Governor on the
same lines as provided for impeachment of the President in
Article 61 of the Constitution. The dignity and independence of
the office warrants such a procedure.
3. The scope of discretionary powers under Article 163(2) has to be
narrowly construed. This can smoothen relationship between
Governor and Chief Minister.
4. It is necessary to prescribe a time limit within which the Governor
should take the decision whether to grant assent or to reserve it for
consideration of the President. Time limit of 6 months earlier
recommended should apply here too.
5. Governor should not be burdened with positions and powers
which are not envisaged by the Constitution. Ex: Making the
Governor the Chancellor of the Universities. His role should be
confined to the Constitutional provisions only.
6. Chief Justice K. G. Balakrishnan, in 2010, emphasised that no
Governor can be removed on basis of being out of sync with
policies and ideologies of the Government at centre. This decision
also states that governors can be removed, but there must be
compelling reasons for doing so.
6. These recommendations are still relevant
1. Governor’s position is getting strongly politicized and there are
questions arising on the discretion which the governor enjoys.
2. Misuse of A-356 for political purpose to dispose rival political
 parties govt.
3. The present way this post is working is not in line with the tenets
of the constitution.
4. The balance between the centre-state relationship looks is skewed
especially when the regional parties are at the helm in the state.
5. Even the supreme court recently stated that any decision taking by
the president in the removal of the governor is not against judicial
review.

Powers and functions of Prime Minister

1. In relation to Council of Ministers

1. He recommends persons who can be appointed as ministers by the
president. He can ask a minister to resign or advise the president
to dismiss him in case of difference of opinion.
2. He presides over the meeting of council of ministers and
influences its decisions.
3. He allocates and reshuffles various portfolios among the
ministers.
4. He can bring about the collapse of the council of ministers by
resigning from office.
2. In relation to the President
1. He is the principal channel of communication between the
president and the council of ministers.
2. He advises the president with regard to the appointment of
important officials like attorney general of India, comptroller and
auditor general of India, chairman and members of the UPSC,
election commissioners, chairman and members of the finance
commission and so on.
3. In relation to Parliament
1. The prime minister is the leader of the Lower House.
2. He advises the president with regard to summoning and
proroguing of the sessions of the Parliament.
3. He can recommend dissolution of the Lok Sabha to president at
any time.
4. He announces government policies on floor of the House.
4. Other Powers and Function
 1. He is the chairman of the National Development Council,
National Integration Council and Inter-State Council.
2. He plays a significant role in shaping the foreign policy of the
country.
3. He is the chief spokesman of the Union government.
4. As a leader of the nation, he meets various sections of people in
different states and receives memoranda from them regarding their
problems, and so on.
5. He is the crisis manager-in-chief at the political level during
emergencies. He is leader of the party in power and the political
head of the services.

Minimum Government, Maximum Governance

1. There are more than 50 ministries at the government of India. It has the
advantage of specialisation, focus and resource channelisation but it
also has the disadvantages of lack of coordination and inability to adopt
an integrated approach to national priorities and problems.
2. Case for more Ministries
1. Need to accommodate MPs from different regions and states to
give sense of inclusivity. Coalition compulsions.
2. Caste and religion representation also play an important role in
India.
3. Some vulnerable sections of society need extra and dedicated
attention of government. Ex. Women, Child, Minority, Tribes etc.
4. Dedicated attention required to a particular sector which requires
utmost importance. Ex Ministry of Skill.
5. For better work distribution and increased efficiency of the
government.
6. With new advancements new sectors are emerging. Ex: Artificial
intelligence may require a separate ministry to deal with.
3. Case for less Ministries
1. Coordination: For example, different aspects of transport are
dealt by different Ministries like Railways, Civil aviation,
Shipping, etc. It has been fragmented into multiple disciplines
making the necessary integrated approach to this important sector
difficult. Similarly initiatives like ‘Housing for All’ often require
 approvals from Ministries of Defence, Environment and Forests,
Civil Aviation etc.
2. Less government: It reduces complexity in government functions
and fast forwards the policy implementation.
3. Reduced red-tape: Multiple approvals required for any project
falling under more than one ministry.
4. Reduce expenditure: To sustain a full ministry is a costly matter,
so by reducing we can use resources efficiently.
5. Federalism: On many regards there is demand for more
decentralisation, so fewer ministries will help to achieve it.
6. Reduce clashes: At political level, more ministries become cause
for political tussle especially in coalition government, so merger
will reduce such confusion and challenges.
4. What needs to be done
1. It would also be unrealistic to expect curtailment in the size of the
Council of Ministers in a multiparty democracy. Instead, a more
pragmatic approach would be to increase the level of coordination
by providing for a senior cabinet minister to head each of the 20-
25 closely related departments.
2. In order to ensure better implementation of policies and
coordination, we should merge similar and complementary
ministries into one. This will allow policymakers to frame holistic
and comprehensive policies on the one hand and ensure smooth
implementation on the other.
1. Currently, three ministries in the energy sector—power,
petroleum and natural gas, and renewable energy can be
fused into a single ministry. The recent problem of power
plants being built without proper coal supplies could have
been avoided if the policy had been handled by one minister.
2. Similarly integrate the aviation, railways, roads, and
shipping ministries so that the country gets an integrated
transport strategy rather than the current mess.
3. Can bring pharmaceutical department and Ayush Ministry
under the health ministry.
3. Several ministries, which are irrelevant now, can safely be shut
down while some of their tasks can be handed over to independent
 regulators.
4. Set up technocratic missions that have very specific projects
which can be best dealt through commissions. Ex. The mission for
cleaning the Ganga, building new cities, setting up high-speed rail
links.
5. The office of cabinet secretary should be used with greater
efficiency.
6. Privatisation and disinvestments of loss making public sector
enterprises is also useful in restricting the number of ministries
and departments in post liberation period. This will enable
government of the day to streamline ministries and departments
and retaining only those which have direct relevance for core
governance functions.
5. Creation of umbrella ministries like Jal Shakti and housing and urban
affairs ministry by the government is a good step in the right direction.

Sedition

1. The section 124A of IPC covers sedition charges. An act of Sedition is

committed when a person's speech, language, written words attracts the
group of people to rebel against authority of state or create incitement
to public disorder or violence. When a person is charged under this, the
offence is punishable with imprisonment for life.
2. Supreme court interpretation
1. In Kedar Nath Singh case (1962), supreme court made it clear that
allegedly seditious speech and expression may be punished only if
speech is an incitement to violence or public disorder. It
also upheld section 124A and held that it struck a correct balance
between fundamental rights and the need for public order. In
further cases, Supreme Court stated that only speech that amounts
to “incitement to imminent lawless action” can be criminalised.
2. Balwant Singh vs State of Punjab, Supreme Court overturned the
convictions for sedition (124A IPC) and promoting enmity
between different groups on grounds of religion, race, place of
birth, residence, language, etc
3. Arguments for the law
 1. To check and balance the public disorder created by different
ideologies and hatred remarks.
2. Protects the integrity of the nation by curbing insurgency.
4. Arguments against the law
1. Figures of the National Crime Records Bureau (NCRB) reveal
that in the two years, there were a total of 77 sedition cases, of
which only one is sustained.
2. There is lot of scope for subjective interpretation of the act. It has
not been properly interpreted and has been cause of contention.
For example, charging some students under this section for
cheering Pakistan cricket team.
3. The slapping of sedition charges can be considered as an attempt
to strong arm the protesters into submission. Ex: An entire village
in Kudankulam had sedition cases slapped against it for resisting a
nuclear power project.
4. We have separate laws for those who wage war against state,
assaulting public servant, unlawful assembly, rioting, defamation
and many mom which themselves are sufficient for punishment
under sedition so why have another law.
5. The draconian nature of this law which includes non-bailable,
non-cognisable and punishment that can extend for life has a
strong deterrent effect on free speech.
6. Sedition is 19th century law brought in to curb nationalist
activities against British, since then it has been repealed in most of
the counties including Britain itself 5 decades back.
5. Way forward
1. Criticism against the Government is different from questioning
the authority of the state.
2. Rather than repealing Section 124-A, there should be some
changes made to it. Reduce the quantum of punishments which
currently includes life imprisonment. This has chilling effect on
freedom of speech and expression.
3. Forming a committee involving Government and renowned civil
society members while deciding cases under section 124 A.
4. To limit the discretionary power as much as possible through
better and comprehensive drafting of guidelines.
National registry of citizens (NRC)

1. NRC is a register containing names of all genuine Indians residing in

Assam. It was prepared in 1951 and is being updated to weed out illegal
immigrants from Bangladesh and other neighbouring countries.
2. Controversies
1. Adding a person to NRC is a laborious and complex procedure
because of presenting many documents and layers of verification.
2. Family tree verification has become difficult process for left out
children.
3. More than 40 lakh people are excluded from Draft NRC published
in July, 2018.
4. Failed to ensure legal clarity over the manner in which the claims
of citizenship could be decided.
5. Role of Supreme Court in monitoring process complicates the
situation.
6. Given the size of India’s population, implementation of the NRC
will be a mammoth task and demands a detailed analysis.
7. Assam has a peculiar problem of villages getting ravaged, or
disappearing, due to annual floods unleashed by the fiery
Brahamaputra. Documents get destroyed, geographies shift,
addresses change.
8. Widespread perception that specifically linguistic and religious
minorities are being targeted – namely, Bengali speaking Muslims
and Hindus.
3. Benefits
1. Detection of illegal immigrants, inclusion will be a shield against
harassment and a ticket to enjoying all the constitutional rights
and safeguards and the benefits of government schemes.
2. To safeguard the indigenous population and civilization.
3. Illegal activities like terrorism, human trafficking, drug trafficking
can be checked.
4. To safeguard voting rights and properties such as land and house.
4. It is important and essential for the union government to proactively
come out with an equitable, predictable and transparent plan on the way
forward, for those who will be identified as ‘foreigners’. The left out
from the NRC must be handled carefully on humanitarian basis.
4. Judiciary
Key pointers

1. Given the potential economic and social multipliers of a well

functioning legal system, reforming it should be given top priority by
policy makers.
2. Rule of Law (Dandaniti) is the key to prosperity, and a bulwark against
Matsyanyaya (i.e. law of the fish/jungle).

Criminal Justice system

1. Criminal justice is the system of practices and institutions of

Government directed at deterring crime and punishing wrong doers.
2. Challenges in our criminal justice system
1. Judiciary
1. As per the Daksh report, there is pendency of more than 3.1
crore cases. Overburdened and understaffed judiciary
plagued by slow appointments, etc.
2. Justice system is also plagued by high undertrial rates. More
than 67% of the prisoners are undertrials.
2. Police
1. Politicisation of the police force is another reason for under
performance of criminal justice system in India.
2. There is serious human resource crunch in police personnel.
The number of police personnel per one lakh people in India
is less than many developed and developing countries.
3. Wide discretion and colonial mentality among police makes
the system vulnerable to corruption and manipulation.
4. Lack of technically trained police introduces inefficiency in
the system in the form of botched-up investigations. Ex:
Arushi Talwar Murder case.
3. Other agencies
3. 1. The CBI has been described as a ‘caged parrot’ by the
Supreme Court.
2. We also face shortage in number of forensic laboratories.
4. Strengthening criminal justice system
1. Understaffing in judiciary should be immediately rectified.
National courts of appeal to lessen the burden on Supreme Court.
2. Along with plea bargaining other alternate dispute redress
mechanisms like Lok Adalats, Arbitration and Mediation should
be promoted. This saves time, effort, cost and lessens the burden
on higher judiciary.
3. Prioritise court process automation and ICT enablement for
electronic court and case management, including electronic
management of court schedules, etc. Facilitate the availability and
usage of video-conferencing facilities to assist in speedy access to
justice and to minimize logistical issues.
4. An all-India judicial services examination on a ranking basis can
be considered to maintain high standards in the judiciary.
5. The legal services authorities in the states should set up undertrial
committees with the participation of civil society for bringing the
accused and the victims together to work out compounding of
offences.
6. Institutional reforms in police functioning is needed which
includes proper investigation of crimes, proper training,
rationalisation of court systems, etc.
7. Politicisation of police should be kept at minimal by
implementing supreme’s court decision in Prakash Singh case.
8. The criminal investigation system needs logistic and technological
support. Number of forensic science institutions with modern
technologies such as DNA fingerprinting technology should be
enhanced.
5. Justice delayed is Justice denied. The system should be victim centric to
ensure that the victims get justice. The victim should get a chance to put
forth his case and quick completion of trials is needed to ensure that
they do not lose faith in the system.
6. Legal reforms
1. Create a repository of all existing central and state laws, rules and
regulations.
2. Repeal redundant laws and introduce a new initiative to remove
restrictive clauses in existing laws. For the first time since
independence, as many as 1,420 redundant laws have been
 repealed over the past four years. An identical process should be
followed by all states.
3. Create a law abiding society. It is necessary to inculcate respect
for the rule of law among citizens. Introduce incentive and
sanction based models of motivation to ensure that citizens
abide by the law. Ex: Check traffic violations, civic violations
including littering in public.
4. New laws should be drafted in simple, plain language.
5. Greater sensitivity on the part of government officials to citizens
needs can help reduce the number of litigations/disputes. This will
require an attitudinal reorientation among government officials.

Major issues plaguing judiciary

1. The first major issue is the idea of the CJI as the “master of the roster”.
The previous CJI was criticised by many for the manner in which cases
were allocated to judges arbitrarily.
2. The second issue is of how appointments and transfers within the
higher judiciary continue to be made., showing the opacity in the
collegium.
3. The third issue that concerns is the “sealed cover” as a means of
receiving information about cases, having used it in three highly
documented litigations. This is completely against the idea of open,
transparent justice and misuse of secrecy of information.
4. The fourth issue is about post-retirement appointments, it is clear that
such appointments really compromise the independence of the
judiciary.
5. The fifth issue is that of the appeal made to the Supreme Court by itself
against the order of the Delhi High Court on the applicability of the
Right to Information Act, 2005, to the judiciary.
6. Vacancies in the lower judiciary across states resulting in the piling up
of pending cases, according to National Judicial Data Grid, around 3
crore case are still pending.

Judicial activism and overreach

1. Article 50 calls for separation of judiciary from the
executive. Judiciary, legislative and executive are the principle organs
of our democracy. The role, powers and actions of these three are
demarcated in the constitution. Problems arises when they interfere in
each others areas knowingly or unknowingly.
2. Difference between activism and overreach
1. Judicial activism connotes the assertive role played by the
judiciary to force the other organs to discharge their constitutional
functions effectively. Ex: PIL. Its more about the positive role
played by the judiciary owing to the factors like a near collapse of
responsible government, a legislative vacuum due to coalition
governments and public confidence in judiciary.
2. When judiciary takes the powers of the executive or the
legislature, it is called as judicial overreach. Judicial activism
cannot be used for filling up the lacunae in legislation or for
providing rights or creating liabilities not provided by the
legislation. "Judicial activism should not become judicial
authoritarianism" - Soli Sorabjee.
3. Positive implications of judiciary venturing into executive
1. Human rights: Judiciary by incorporating due process of law,
institutionalisation of PIL has strengthened fundamental
rights. SC sought early conclusion and reformative steps for
under-trails stating that prisoners also have human rights.
2. Constitution: By bringing Article 356 under judicial review in
SR bommai case, SC has emerged as a protector of federalism. SC
by devising the doctrine of basic structure during emergency has
acted as a guarantor of constitution.
3. Law and order: Ban on cooling stickers on cars. Vehicles with
tinted glasses helped criminals escape after committing heinous
crimes. Judiciary has given the Vishakha guidelines for safety of
women.
4. Environment protection: The SC took a tough stand on the delay
in taking steps to prevent pollution from industries and failure in
an effective implementation of cleaning of River Ganga. This
resulted in creating a time line and a target based action. It also
banned sale of older Diesel cars and also cars above 2000cc for
certain period.
 5. Uniformity in policy creation: SC has intervened in many issues
to serve the larger interest of society across the country. Ex:
fighting diseases like Dengue, issues of policies of Health,
drinking water, etc. stopping of polluting industries of Agra,
beautification of Taj Mahal, etc.
6. Judiciary cancelled coal block allocation due to various issues of
corruption in allocation methodology.
4. Few examples of judicial overreach
1. SC directing the centre to conduct NEET also does not goes down
well with the doctrine of separation of powers.
2. Supreme court banning of liquor on highways.
3. Reserving premium seats at five times the normal prices in Delhi
Metro for car users affected by odd-even system.
4. SC banning diesel cabs in Delhi led to widespread protests.
5. The court has ordered the exclusion of tourists in the core area of
tiger reserves.
6. The court had tried to monitor the investigating agencies who are
perceived to have failed or neglected to investigate and prosecute
ministers and officials of government. Ex: 2G case.
5. Cons of overreach
1. Usurping the powers of executive and legislature is clear violation
of constitutional separation of powers.
2. This also increases burden on judiciary which is already have
huge pendency of cases.
3. If judges are free to make laws of their choices, it could also lead
to uncertainty in the law as every judge will start drafting his own
laws according to his whims and fancies.
4. Since judiciary is a non-elective body, it does not enjoy popular
will to make laws. It also undermines the mandate of the people.
5. Judiciary has started interfering in the governance issues as
well. Judiciary has intervened in the functioning of the
government agencies. This reduces their efficiency. Ex: Vineet
Narain case where judiciary exercised control over the CBI
throughout the entire case.
6. Further, recent pronouncements by judiciary such as banning
diesel vehicles, determining standard calorific value of food, etc.,
 have questioned its technical competence and are seen to be
beyond its scope.
6. Steps to curtail overreach
1. The court said that judges should not peddle individual
perceptions and notions of justice. Such notions might do more
harm than good to the society. A judge’s solemn pledge has to
remain embedded to constitution and to its laws.
2. While using the power one has to bear in mind that discipline and
restriction are the two basic golden virtues within which a judge
functions as per the Supreme court.
3. Drafting guidelines for SLP that allows litigants to challenge any
order issued by other court or tribunal.
4. Establishing a division bench in courts to decide PIL/SLP for
inspecting them before admission.
5. Accountability mechanism for court whereby people can move to
court against the court for frivolous judgments that hampered
economic growth.
6. There is a very fine line between judicial activism and overreach.
It would be would be in the best interest of our country if judges
understand this and restrain themselves from crossing this line too
often. The judiciary cannot rule the nation by legislating as well as
executing through its judgements.

Judiciary Under RTI

1. Presently, only information related to administrative functioning of the
Supreme Court can be availed under the RTI Act. The Delhi High Court
recently held that RTI Act could not be resorted to in case the
information sought for is related to judicial function of the Supreme
Court.
2. The Supreme Court rules allow for seeking information, however, they
are independent of RTI Act and as such are applied in a limited manner.
There is no appeal mechanism, no time frame for furnishing
information and no penalties for delays or wrongful refusal of
information.
3. Importance of judiciary under RTI
1. RTI Act itself declares that it covers all constitutional and
statutory bodies, so it is natural for higher judiciary to come under
it. It can earn it public trust.
2. Appointments through proceedings of the collegium are
absolutely opaque and inaccessible for public. RTI umbrella over
judiciary will bring in transparency and will curb nepotism in
appointments.
3. Expenditure by judiciary will also come under the ambit of
information and hence check the allegations or cases of
misappropriation of funds.
4. With the manner of functioning under scrutiny, reasons would
have to be provided for pendency of cases, which may expedite
case disposal.
5. The law of contempt has been often misused to punish outspoken
criticism and exposure of judicial misconducts. Even an FIR
cannot be registered against the judges under the Prevention of
Corruption Act. RTI will ensure accountability and will act as a
key tool in eliminating misconduct by judges.
6. If higher judiciary fall under RTI, it can set an example for
political parties, private sector, and others also to follow the path
which is a great need.
4. Problems
1. The frivolous RTI applications may impose unnecessary burden
on the judiciary.
2. It may lead to delay in judicial appointments and transfers as an
over cautious approach can be adopted to avoid conflicts.
 3. Further, the information related to judges not being recommended
will hamper their functioning in their respective high courts. It
may lead to unnecessary loss of confidence in him.
4. It may compromise secrecy and security involved in certain
critical cases.
5. There is apprehension that it might undermine the independence
of judiciary and the decisions as judges would be apprehensive of
public pressure.
5. In a democracy, no institution is above public scrutiny. There is a need
to improve accountability and transparency in judiciary without
undermining its independence.

Contempt of the court

1. Contempt of court consists of words spoken or written which tend to

bring the administration of justice into contempt. Article 129 and 215 of
the constitution of India empower the supreme court and high court
respectively to punish people for their contempt and the judiciary was
provided with this power under Contempt of court act, 1971. India’s
courts have routinely invoked its contempt powers to often punish
expressions of dissent on purported grounds of such speech
scandalising the judiciary’s authority.
2. Need for such powers
1. Prevent scandalisation or lowering the authority of any court. It is
needed to maintain the dignity of the higher courts. Strengthen
court’s image as legal authority and that no one is above the law.
2. To prevent public opinion and media criticism from hampering
the decision making based on justice.
3. To prevent the legislative and the executive to undermine the
independence of the courts, by distorting facts.
4. It ensures that one could not defy court orders according to one’s
own free will.
3. Criticism
1. Currently, it is the courts themselves which decide whether an act
is a contempt of court.
2. Contempt of Court proceedings have the effect of muzzling free
 speech guaranteed under Article 19 of the Indian Constitution.
Public pressure is needed to incentivise the courts to work fast and
reducing the pending court cases.
3. Various acts like contempt of courts Act 1971, are seen to be
misused by the judiciary to shut the mouth of the public who tries
to criticise the judicial system. Ex: Contempt of court case against
Arundathi Roy.
4. Pandit Thakur Das Bhargava in the Constituent Assembly said
that power of contempt should only be restricted to disobedience
of an order or direction of a court, which were already punishable
infractions.
5. Even judiciary is not free from corruption and nepotism. Criticism
of courts will probably help to maintain a check on corruption in
judiciary.
4. Way out
1. We should restrict the contempt of court only to severe case, by
amending the Contempt of Court Act, 1971.
2. An independent authority having members from legislative,
judiciary and civil society should be constituted to determine
which cases constitute contempt.

Public interest litigation (PIL)

1. The concept of public interest litigation (PIL) rests on the principle that
any member of the public can initiate legal proceedings on behalf of an
aggrieved person, especially a person who is unable to move to court on
his or her own. The key role in enunciating the principle of PIL was
played by Justice J. Bhagwat.
2. Present status
1. Spectrum of issues raised in PIL have expanded tremendously
such as from the protection of environment, right to education,
relocation of industries, good governance, general accountability
of the Government etc. In recent years, anyone could file a PIL for
almost anything.
2. This is contradictory to the main objective of the PIL, which is
meant to provide the remedial jurisprudence for those who can’t
approach the court on account of poverty or some other disability.
3. Positive contributions of PIL
1. PIL has become a vehicle to bring social revolution through
constitutional means. It has bought courts closer to the
disadvantaged sections of society such as prisoners, destitute,
child or bonded labourers, women, and scheduled castes.
2. It has made judicial process little more democratic.
3. Vigilante citizens can now find an inexpensive remedy and can
focus on larger public issues in the field of human
rights, environment, against government over-reach, etc.
4. In Hussainara Khatoon vs State of Bihar case, regarded as the first
PIL in India, courts focussed on the situation of under-trails in
Bihar who had been in detention in excess of the maximum
sentence for their offences.
5. Through PIL, judiciary also initiated legislative reforms and filled
in legislative gaps in important areas. Ex: Vishakha guidelines on
sexual harassment at workplace.
6. In MC Mehta case, SC lashed out at civic authorities for allowing
untreated sewage to make its way into River Ganga. It has also
helped in expanding the jurisprudence of fundamental and human
rights in India. Ex: Expanding scope of Article 21 to include right
to clean air, livelihood, etc.
7. PIL also become an instrument to promote rule of law, demand
fairness and transparency, fight corruption in administration, and
enhance the overall accountability of the government agencies.
Ex: Cancellation of 2G licenses.
8. The Indian judiciary has helped in ensuring the reservation of
seats for OBCs in employment and in educational institutions.
4. Challenges
1. An unanticipated increase in the workload of the superior courts
due to increasing litigations year on year. This has led to
inefficient use of limited judicial resources. Lack of judicial
infrastructure to determine factual matters and sometimes erring
in judgements.
2. Judiciary has increasingly encroached the space of legislature and
executive. This will weaken our democratic structure of division
of powers. Ex: Ban on diesel vehicles. Judgement passed without
considering technical advice in the 2G Spectrum case the TRAI
 had recommended sale without auctioning to increase tele density.
3. Supreme Court (SC) voiced its concerns on PIL becoming a front
for settling corporate rivalry or personal vendetta. The concern
were expressed while hearing PIL challenging the allocation of
4G spectrum to Reliance Jio.
4. It is being misused by people by seeking publicity in the garb of
public interest. PIL has become Personal Interest Litigation.
5. Using PIL as a tool of harassment because frivolous cases can be
filed without heavy court fee. Ex: Calling Indian team to come
back from Australia.
6. Political pressure groups use PIL to achieve their aims.
5. One way to achieve a balance could be to confine PIL primarily to
those cases where access to justice is undermined by some kind of
disability. The other useful device could be to offer economic
disincentives to those who are found to employ PIL for ulterior
purposes.

National court of appeal (NCA)

1. Almost 60000 appeals are pending in the supreme court. Thus, SC has
decided to examine the plea calling for setting up of national court of
appeal which will hear appeals against HC judgements pertaining to
civil and criminal matters.
2. The proposal is significant
1. Initial role: Supreme court’s major responsibility is to be a
arbitrator in constitutional cases (Article 145(3)) rather than in
civil/criminal cases. The number of decisions by constitutional
benches has drastically come down. Ex: Naz foundation case and
Shreya Singhal case were decided by 2-judge bench. Even Justice
Bhagwati in of the judgement remarked that SC was never
intended to be a regular court of appeal.
2. Burden: NCA would ease the burden of top court in delivering
important constitutional judgements.
3. Law commision of India: The Tenth Law Commission of India
under Justice K K Mathew recommended that the SC should
consist of two divisions, namely (a) constitutional division, and
(b) legal division, and that only matters of Constitutional law may
 be assigned to the proposed Constitutional Division.
4. Article-39A: Travelling to New Delhi or engaging expensive SC
counsel to pursue a case is beyond the means of most litigants and
thus makes justice inaccessible. Thus NCA would reduce the time
and cost borne by litigants in filing cases of appeals. This will
improve accessibility to judiciary.
5. International practice: Many countries around the world have
Courts of Cassation that decide cases involving non-Constitutional
disputes and appeals from the lower level of courts.
3. Limitations
1. Setting up of NCA would dilute the constitutional superiority of
SC as this may lead to sharing of powers under Article 136 (SLP)
with an inferior court.
2. The proposal requires amendment of article 130 which in turn
would alter the constitution of SC.
3. Already judiciary is facing shortage of judges and staff. Adding
more courts without first filling the posts will not solve the
problem.
4. Legal experts opined that focus should be on courts of first
instance i.e. trial courts to reduce the need of approaching higher
courts.
4. Way forward
1. Experts say that the focus should be more on improving the
functioning of lower judiciary. Need to improve the judicial
decision making at subordinate level by recruiting better judges
etc.
2. Other measures need to be taken to address the issue like reducing
appellate burden (rationalisation of SLP, subordinate judiciary
reforms, improving judicial strength, quality infrastructure etc).

Government Litigations

1. Government litigation reportedly constitutes nearly half of all litigation

in the Indian judiciary.
2. Challenges
1. They pose huge constraint on the public exchequer.
 2. They have contributed to judicial backlog, thus affecting justice
delivery in India.
3. Supreme court, since the 1970 has criticised governments for
being callous and mechanical in pursuing litigation.
4. The Law Commission of India also studied this problem in its
126th report in 1988, and expressed the need of having a litigation
policy.
3. Features of national litigation policy, 2010
1. It aims to transform government into an efficient and responsible
litigant.
2. It has rejected the complete dependency of government
institutions on the courts. It recognises the need for arbitration as
an alternate dispute mechanism (ADR) but in a responsible way. It
lays down certain guidelines for arbitration.
3. It aims to reduce average pendency time from 15 years to 3 years.
4. Accountability was seen as touch stone of the policy and critical
appreciation on the conduct of cases.
5. Empowered committees were to be set up to monitor the
implementation of the policy and accountability.
4. Failure of the policy
1. It is replete with rhetoric and no measurable outcomes are
present.
2. It fails to provide a yardstick for determining responsibility and
efficiency.
3. It creates empowered committees to regulate the implementation
of the policy. But there is an ambiguity about their role and
powers.
4. It also lacks any form of impact assessment to evaluate actual
impact on reducing government litigation.
5. Measures to reduce Government litigations
1. For petty cases like traffic violation, theft and other petty crimes
ADR mechanism can be used to solve problems without bringing
them in the purview of judiciary.
2. Government quasi-judicial bodies should be made to settle intra-
government or inter-department cases.
3. There are a number of vague or contradictory laws, because of
 which whatever action is taken by Government, it is dragged into
the court by one or the other. Such obsolete laws need to be
removed and clarity need to brought.
4. Strict action against corruption cases should be taken at the
government level so that there is least involvement of judiciary.
5. Checks and balances for advocates. Ensuring cases are not
unnecessarily extended and making sure advocates are paid on
time.
6. One way of reducing the load on courts is to reduce the quantum
of cases that come to the courts by strengthening the internal
monitoring process, e.g. whether appeal should be made or not,
dropping petty cases, etc.

Basic structure

1. The basic structure doctrine is an Indian judicial principle that the

Constitution of India has certain basic features that cannot be altered by
parliament. The basic features of the Constitution have not been
explicitly defined by the Judiciary and are determined by the Court in
each case that comes before it.
2. Evolution
1. In Shankari Prasad case (1950), SC said that the parliament can
amend any part of the constitution.
2. In Golaknath case (1967), SC said that FR cannot be amended at
all.
3. In Keshavananda Bharti case, SC over-ruled the judgement in
Golaknath case and declared that FRs can be amended. However,
Parliament cannot amend the 'basic structure' of the constitution.
Therefore only those FRs which form the basic structure cannot be
amended.
4. In Minerva Mills (1980) case, SC said that judicial review is the
basic structure of the constitution and hence can’t be taken away.
Hence, giving a stamp to the basic structure.
3. Importance
1. Basic structure doctrine protects and promotes the core
philosophy and principles that had guided our constitutional
makers.
 2. It makes SC vigilant in case any of the basic structure of the
constitution is compromised by the state.
3. It keeps check on unbridled power of parliament and ensures its
accountability to the people of India.
4. It imposes reasonable restriction on Parliament and legislature of
state. It is whether in case of FR or DPSP or any other change of a
welfare state. Policies and rights are formed keeping them into
consideration.
4. Basic structure doctrine has come as a breath of fresh air to our
politico-legal jurisprudence.

Lok Adalat

1. Lok Adalat is a system of alternative dispute resolution (ADR),

developed in India, where justice is dispensed without too much
emphasis on legal technicalities. It is organised by the National Legal
Service Authority (NALSA). These are usually presided over by retired
judges, social activists, or other members of the legal profession and
deal with cases which include family disputes, matrimonial cases,
motor accident claims, etc.
2. The Lok Adalat hearings were held in courts at all levels, right from the
Supreme Court to the High Courts to the taluk courts. When no
compromise is reached, the matter goes back to the court. However, if a
compromise is reached, an award is made and is binding on the
parties. In Delhi, their scope expanded to include the State Consumer
Dispute Redressal commission, the Debt Recovery Tribunals (DRT),
the Central Administrative Tribunals (CAT), Revenue Department
Courts, SDMs and district consumer forums.
3. Provisions
1. Panchayats in India are the earliest known ADR mechanism. It
has long been the part of Indian culture.
2. In Indian constitution, ADR finds its basis in the Article 14
(Equality before Law) and Article 21 (Right to life and personal
liberty).
3. Right to constitutional remedies (Article 32) provides for the right
of people to seek justice.
 4. ADR can also be implicitly related to the DPSP for equal justice
and free legal aid under article 39A.
5. Settlement of disputes outside the court is a part of the Civil
Procedure Code (Section 89).
4. Advantages
1. These are less expensive.
2. Speedy justice is given to the people of all classes of society.
3. It is free from technicalities as in the case of conducting cases in
law Courts. So, less formal and stressful than traditional court
proceeding.
4. They reduce burden on the courts at various levels.
5. The focus in Lok Adalats is on compromise. Parties play
important role in resolving their own disputes with consensus,
often resulting in long lasting outcomes, greater satisfaction and
improved relationship.
6. The disputing parties plead their case themselves in Lok Adalats.
No advocate or pleader is allowed, even witnesses are not
examined.
5. Limitations of Lok Adalat
1. Lok Adalat proceedings are held in the open court and any
member of public may witness these proceedings. Thus, the
element of confidentiality is lacking.
2. They are conducted in regular courts only. Therefore some
amount of formality still remains attached with Lok Adalats.
3. There is no guarantee of resolution.
4. The arbitration decisions are final and cannot be repealed in any
court.
5. Unfamiliarity with the procedure and lack of awareness.
6. They are informal in nature and presents more opportunity for
abuse of power.
6. Measures to improve functioning
1. Establishing permanent and continuous Lok Adalats in all the
districts, Government departments, PSUs in the country for the
disposal of pending matters.
2. Accreditation of NGOs for legal literacy and legal awareness
campaign. Legal literacy and legal aid programmes need to
 expand through awareness camps, mass media like newspapers,
television, etc.
3. Sensitisation of judicial officers in regard of legal services
scheme.
4. The concerned Legal services Authority should disseminate
information to the public about the holding of various Lok Adalat
by it and success achieved thereby in providing speedy, equitable
and inexpensive justice.
5. There is need for improvement in quality of legal aid provided by
lawyers and advocates. The remunerations offered from legal
services authorities to lawyers should be revised and thus
encouraged to render effective legal assistance to needy persons.
6. The Lok Adalat movement can be successful only if the people
participate on voluntary basis in the functioning of Lok Adalat.
This can be achieved by restraining themselves from invoking the
jurisdiction of traditional courts in trifle disputes.

Arbitration

1. Recently, the government has passed New Delhi International

Arbitration Centre (NDIAC) Act and Arbitration and Conciliation
(Amendment) Act, 1996.
2. Arbitration is the settlement of dispute between parties to a contract by
a neutral third party (the arbitrator) without resorting to court action. It
is one of the ways of alternative dispute resolution. Others being
mediation, conciliation and Lok Adalats. It is confidential, speedier and
cheaper than court. Arbitral awards are binding and enforceable
through courts.
3. Arbitration and Conciliation (Amendment) Act, 2019
1. An independent body called the Arbitration Council of India
(ACI) will be set up for promotion of ADR mechanisms, framing
policies for grading arbitral institutions and accrediting
arbitrators, maintaining a depository of arbitral judgments made in
India and abroad, and maintenance of uniform professional
standards for all ADR matters.
2. Appointment of arbitrators will now be done by the Supreme
Court designated arbitral institutions, which was earlier used to be
 done by parties themselves.
3. It seeks to remove time restriction for international commercial
arbitrations and says tribunals must try to dispose of international
arbitration matters within 12 months.
4. Written submissions to be completed within six months of the
appointment of the arbitrators. Earlier there was no time limit.
4. Benefits
1. Time bound settlement of disputes and accountability of the
arbitrator.
2. Promoting ease of doing business in India.
3. Bringing in quality experts.
4. Helping reduce burden on our courts.
5. Encouraging investors in India to resolve their disputes in India
instead of the currently preferred arbitration centers in London,
Singapore and Hong Kong.
6. Facilitating India becoming a hub for institutional arbitration.

Right to legal aid

1. Right to affordable legal aid is enshrined in the constitution as Directive

Principles of State Policy (DPSP) under article 39A. Subsequently
NALSA and SALSA were enacted to provide free legal aid to poor.
2. Significance
1. Legal aid is one of the means to ensure that the opportunities for
securing justice are not denied to any person by reason of poverty,
illiteracy, etc. Without it Article-21 may be violated.
2. Without free legal aid Judiciary will be agent of rich and
powerful.
3. Exploitation of detainees and under-trails by police. They require
legal aid to prove their innocence if they detained.
4. Corruption will increase with erosion of civic responsibility
without legal aid.
3. In addition to various judicial bodies like Supreme court, High court
and subordinate courts, there exist various alternate dispute mechanisms
(ADR).
4. Various mechanisms
 1. NALSA established Lok Adalat, Gram Nyayalayas to settle
dispute in a expedite manner.
2. Arbitration and conciliation act 1996 provides for negotiation, re-
conciliation & mediation to resolve disputes.
3. Civil procedure code (CPC) give an individual ample opportunity
by not charging the fee and person to be represented by pleader in
case one is unable to do.
4. Panchayats too can play a role in dispersing justice.
5. Further various tribunals, ombudsman and fast track courts
established to fasten the judgement process.
5. CJI has recently asserted that development of ADR is essential to raise
goal of justice. This will give much impetus to ADR mechanisms.

Criminal defamation

1. Section 499 and 500 of IPC deals with the criminal defamation laws.
Supreme court in 2016 upheld the validity of criminal defamation and
cited that it is necessary to protect right to dignity of citizens under
Article-21.
2. Arguments against criminal defamation
1. Powerful entities such as large corporations use it as a means to
coerce the media and civil society into adopting self censorship.
Ex: Dozens of law suits in Tamil Nadu against writers. Political
interests have adopted defamation laws to settle scores.
2. There is an adequate civil remedy against defamation which can
be solved through civil filling of cases rather than criminalising it.
3. Considering anecdotal evidence, every dissent may be taken as
unpalatable criticism.
4. The right to reputation cannot be extended to collectives such as
government, which has the resources to set right damage to their
reputations.
5. Two years imprisonment along with penalty acts as a major
deterrent for exposing wrong doers. It is invariably a shield for
public servants, political leaders, etc.
6. The United Kingdom, from whom India borrowed this pernicious
provision of the defamation law, abolished criminal libel five
 years ago. In 2011, the Human Rights Committee of the
International Covenant on Civil and Political Rights called upon
states to abolish criminal defamation.
3. Arguments for defamation
1. It is said that, India being a land of diversity, unity and integrity of
nation is very important. Any misuse the fundamental right to
speech, may destabilise the society.
2. The government argued that that the law is part of the state’s
compelling interest to protect the dignity and reputation of
citizens. It is required to balance right to reputation and right to
speech.
3. Indians with lower per capita incomes will not have sufficient
liquidity with them to pay fines and penalties. So, criminal
defamation is necessary
4. Protection for legitimate criticism on a question of public interest
is available in the civil law of defamation and under exceptions of
section 499 IPC.
5. Mere misuse or abuse of law can never be a reason to render a
provision unconstitutional rather lower judiciary must be
sensitised to prevent misuse.
4. Supreme court judgement
1. Court said that the reputation of an individual was an equally
important right and stood on the same pedestal as free speech.
Thus it termed the restriction as reasonable restriction under
constitution.
2. Also, India is a signatory of international covenant on civil and
political rights which states that right to freedom of expression is
subjected to right of reputation of others.
3. The court said it would be a stretch to say that upholding criminal
defamation in modern times would amount to imposition of
silence.
4. Editors have to take the responsibility of everything they publish
as it has far-reaching consequences in an individual and country’s
life.
5. Court held that deliberate injury to the reputation of an individual
is not a mere private wrong, worth only a civil case for damages.
Instead, it is a crime committed against society at large and the
 State has a duty to redress the hurt caused to its citizen’s dignity.
6. Protection of reputation of institutions like Parliament and
judiciary has been constitutionally provided under Article 105 and
Article 129 of the constitution which shows that constitution
makers valued reputation as a matter of right.

Undertrials

1. Undertrial prisoners are persons who have not been convicted of the
charge for which they have been detained, and are presumed innocent
in law. They constitute more than two-thirds (67.6 per cent) of our
prison population.
2. Challenges
1. According to NCRB records over 55% of undertrials are Muslims,
Dalits and tribals. It is highly prejudiced against minorities and
vulnerable section given they are over represented among
undertrials in Indian prisons.
2. The main reason they are still in judicial custody appears to be
poverty, as most of them are too poor to afford bail bonds or
provide sureties. Also there is lack of adequate free legal aid by
the Government.
3. Huge delays in judiciary has compounded the problem of
undertrials. There are some cases which have not been taken up
for more than 20 years.
4. The unreformed mindsets and lack of sensitivity to social issues
among public officials contribute to the entrenched prejudices.
5. Absence of functional and effective undertrial review
committees.
3. Solution to problem
1. The legal services authorities in various States must play a
principal role in inculcating awareness among prisoners about
their rights, especially provisions that entitle them to freedom.
2. It is also in the interest of the government that prisons are not
overcrowded and overburdened, considering the cost of prison
space, resources and maintenance.
3. The government proposed setting up of gram nyayalays to ensure
 that opportunities for justice were not denied to any citizen by
reason of social, economic or other disabilities. The
implementation need to be sped up.
4. The real solution lies in expediting the trial process.
5. The fact that cases are not decided for long spells that are close to
the likely period of imprisonment is a poor commentary on a
system beset by delay. The sooner this is addressed, the better it is
for the administration of criminal justice.

All India Judicial Services

1. Problems in lower judiciary

1. Huge pendency of cases.
2. Lack of objectivity and inefficiency of state PSCs, which are
responsible for recruitment.
3. Instances of corruption, nepotism and influence peddling have
frequently marred recruitment.
4. Students from the leading law schools do not sit in the entrance
examination due to lack of credibility.
5. Adjudication is a specialisation and requires state of the art
training, which is missing now.
6. The problems in lower judiciary deny us an opportunity to have
better judges at the high courts and Supreme courts.
 2. Merits of All India judicial service
1. For one, recruitment by the Union Public Service Commission
would ensure utmost objectivity and transparency in selection.
2. It would attract better law students from across the country, at
once improving the quality of judges.
3. After two years of intensive training at the National Judicial
Academy, which already exists, the recruits could be assigned
state cadres and posted across the country.
4. A rich pool of talent will available to draw from for the
appointment of high court and supreme court judges.
5. India has a unified judiciary. Central and state laws are enforced
and interpreted by the same set of courts. This makes the
constitution of an All India Judicial Service a very natural
phenomenon.
3. Demerits
1. Local language is used in lower courts even for writing orders.
Because of this a person form other state may find it difficult to
hold the proceedings in other states.
2. Being a centralised recruitment, it risks preventing the less
privileged from entering judicial services.
3. Friction may creep in between existing state service officers and
AIS judicial officers who would invariably overlook their
working.
4. Certain state laws vary from one state to another, especially
taxation etc.
4. A well designed probation period can ease these problems.

Maneka Gandhi Case

Judiciary in addressing the concern for theright to freedom of religion

1. Right to freedom of religion is mentioned in Article 25, 26, 27 and 28

of the constitution of the India. It comes under the fundamental rights in
part three. Supreme court, being the guarantor and protector of
fundamental rights, has the duty to address the concern for freedom of
religion.
2. Supreme court's role

1. SC in Hadiya case said that freedom to choose one’s religion or life

partner is central to Indian pluralism.
2. SC in Indian Young Lawyer’s association allowed women of age
between 10 and 50 in Sabari Mala temple.
3. Inter religious marriages annulled by various non-constitutional
bodies like Khap panchayat have been criticised by judiciary and
upholds the Hindu marriage act for inter caste marriage.
4. SC declared the practise of the triple talaq as null and void to save
women from discrimination.
5. SC allowed women to enter Haji Ali and Shani-Shingnapur.
6. SC upheld right to convert only on the basis of individual freedom
to give consent in Stanislaus vs State of MP case.
7. SC held that the Parsi women who married outside their
community should be allowed to participate in fire rituals inside the
temple.
8. SC also banned the practise of female genital mutilation prevalent
in Dawoodi-Bohra community.

Tribunalisation
1. Article 323-A and 323-B of the constitution provides for the creation of
tribunals by the executive. Tribunalisation refers to the increasing
creation of alternative forums to decide cases, which could take away
judicial powers. There has been much concern over the validity,
character and competence of several of the tribunals in India.
2. Reasons for establishing tribunals
1. They provide speedy, cheap and process simplification in dispute
resolution arising out of the various welfare legislations.
2. They reduce the burden on judiciary.
3. Exigencies of modern administration requires the adjudication of
disputes after considering the policy intentions and the public
interest.
4. Besides, tribunals were also seen as bodies manned by experts
who could professionally and fairly deal with the issues. The
Railway Claims Tribunal, Revenue Courts of various states, etc.,
can be cited as examples of such tribunals.
3. Concerns
1. Tribunals do not rely on uniform precedence and hence may lead
to arbitrary and inconsistent decisions.
2. Tribunals are entirely dependent on their nodal ministries for their
day-to-day functioning. These ministries can compromise the
functioning of the tribunal by providing inadequate resources with
the aim of arm-twisting the tribunal into passing favourable
orders.
3. There is a degree of variance in the appointment process,
qualification of members, age of retirement, resources and
infrastructure of different tribunals. This is due to tribunals
operating under different ministries.
4. Proclivity to appoint retired Judges and Bureaucrats. It has the
potential to compromise the integrity of the judiciary as such
positions act as a lure for post-retirement plans for government
servants.
5. Some of the tribunals have also usurped the jurisdictions of the
court. SC has struck down the National Tax Tribunals (NTT) as it
has usurped the powers of the civil court.
6. There are issues with provisions allowing for direct appeals to the
Supreme Court (SC) thereby by-passing the jurisdiction of the
 High Courts.
7. In many of the tribunals, administrative members dominate.
8. Short tenure of 3-5 years precludes the cultivation of domain
expertise, which can impact the efficacy of tribunals.
9. There is an inherent difficulty for many litigants in accessing
justice as benches of some tribunals are located only in New
Delhi.
10. Some tribunals are also facing serious problems of inadequate
workforce.
11. These quasi-judicial bodies also decide upon substantial questions
of law and thus breaches separation of powers. Madras High
Court struck down key provisions relating to the Intellectual
Property Appellate Board (IPAB) established under the Trade
Marks Act, 1999, as unconstitutional.
4. Way forward
1. The Supreme Court in NCLT (2010) judgement suggested that the
tribunals should enjoy the same constitutional protection as them.
2. Further, the decision of the Supreme Court in Madras Bar
Association vs Union of India clarifies the extent of
tribunalisation that is permissible under our constitution.
3. Tribunals must not only be independent but also seem to be
independent. They should not be seen as departments of ministries
or as part of the executive branch of government.
4. Government has merged various tribunals with some other
tribunals to avoid overlapping functions being discharged by
them.
5. Tribunals part of the judiciary and are working better than the
independent tribunals.
5. Enforcement issues in Tribunals
1. Increasingly, States are becoming resistant in complying with the
finality of such awards. States have passed laws in their
legislatures canceling water sharing agreements or nullifying the
tribunal orders. SC is still to rule on the legality of such
legislations.
2. Enforcing the award and ensuring compliance depends
on the centre’s political will which is found to be lacking in most
 cases. Coalition politics, where regional parties have a major say
in the Central Government makes such interventions by the centre
difficult.
6. Weaknesses in law
1. There is no time limit for the centre to notify the tribunal’s award.
Thus centre can practically veto it for an indefinite period.
2. The decisions of the tribunal are questioned for errors and
omissions. Parties seek explanation of the tribunal on points
referred, and even on points not originally referred.
3. There is a provision to extend indefinitely time for a clarificatory
or supplementary order.
4. River boards should be setup. This would encourage resolution of
disputes within the board and in the event the matter does go
before a tribunal then the tribunal would have before it the records
and deliberations before the board.
7. Weaknesses in procedure
1. Tribunals should focus mainly on the technical issues. Technical
and legal issues should be dealt with separately. Issues need to be
spelt out on practical considerations and optimal solutions found.
2. They should deviate from the strict procedures and format of
judicial hearings. More participatory and conciliatory approach as
adopted in board rooms rather than in court rooms should be
followed.
3. The success of the Krishna Water Disputes Tribunal (1969-1978)
has been ascribed to adoption of participatory rather than
adversarial procedures.
4. Tribunals should include people from multiple disciplines from all
relevant fields and presided over by a judge. This would also bring
about the attitudinal change.
8. Challenge in SC
1. Although awards can’t be challenged in the SC as per the
Constitution, they are still taken to the court in the name of
interpretation and implementation.
2. Interim awards are taken to the court. Also activists have raised
the issues of environmental damage, rehabilitation and alternate
livelihood in front of the court. These are matters which are
 outside the purview of water Tribunals.
9. Cut down of tribunal autonomy
1. This year, in addition to tax proposals, the Finance Bill 2017
contained several amendments that made structural changes to 26
tribunals. It laid the foundations for of the merger of several
tribunals.
2. There used to be 26 tribunals but now they are down to 19. The
Competition Appellate Tribunal (CAT) will be merged with the
National Company Law Tribunal. The Telecom Dispute Appellate
Tribunal (TDSAT) will also do the work of the Cyber Law
Appellate Tribunal.
10. Issues
1. There is no clear rationale behind this replacement, and seems to
be rather arbitrary.
2. It is unclear if the National Company Law Appellate Tribunal
(NCLT), which will replace the Competition Appellate Tribunal,
will have the expertise to deal with matters related to anti-
competitive practices.
3. The amendments permit the central government to decide the
terms of service including appointments, term of office, salaries
and allowances, and removal of tribunal members through rules.
Rules are made by Government and thus escape parliament
scrutiny. This also affects the independence of tribunal.
4. There may be instances where the government is a party to a
dispute before a tribunal like the Central Administrative Tribunal
(CAT). There would be a clear conflict of interest.
5. Supreme court in 2014 examined the issue of national tax tribunal
(NTT) and held that appellate tribunals have similar powers and
functions as that of High Courts and appointments must be made
independent of executive.
6. Adjudicatory bodies under different laws cannot be abolished by a
money bill.
11. Indiscriminate passage of various laws under the form of money bill
will reduce parliament authority. Effort should be to ensure maximum
discussion in both houses of the Parliament.
Collegium and National Judicial Appointment commission (NJAC)

1. The justice system is caught in a tussle between the committee of

Supreme Court justices and the Government over who has the final say
on appointing judges. The two decade old system of a collegium is an
Indian innovation created in the name of judicial independence.
However, according to some critics, it has produced an opaque legal
justice system.
2. What does the constitution actually prescribe
1. Article 124 deals with the appointment of Supreme Court judges.
It says the appointment should be made by the President after
consultation with such judges of the High Courts and the Supreme
Court as the President may deem necessary. The CJI is to be
consulted in all appointments, except his or her own.
3. Arguments against the collegium system
1. It is seen as a closed door affair without a formal and transparent
system. So, selection process is prone to biases and issues of
corruption and nepotism can arise.
2. This system overlooks several talented junior judges and
advocates.
3. The collegium is also criticised for not keeping in line with due
appointments. Vacancies are at all time high in Judiciary.
4. Sometimes, collegium gets stymied, when old rivalries between
its members see each other’s favourites getting vetoed.
4. Why NJAC was struck down
1. The composition of the NJAC, especially the inclusion in it of the
Union Law Minister and two eminent persons impinged on the
doctrine of separation of powers.
2. The NJAC act gave any two members a veto over all decisions,
raising the question whether the executive representatives could
overrule the judicial members.
3. The court also felt that this new institutional mechanism to
appoint judges impinged on the independence of the judiciary, a
basic feature of the constitution.
4. The clauses provided in the amendment were also inadequate to
preserve the primacy of the judiciary.
5. Memorandum of procedure (MoP)
 1. For the first time, it has been asked to include merit and integrity
as a prime criteria for appointment of judges to the higher
judiciary. A notice for vacancies of judges should be put up on the
website of the high courts at the beginning of the year for
appointments.
2. Evaluation of judgments delivered and performance appraisal
should be a yardstick of merit for promotion as chief justice of a
high court.
3. The MoP states that up to three judges in the supreme court need
to be appointed from among the eminent members of the bar and
distinguished jurists with proven track record in their respective
fields.
4. A permanent secretariat to be set up in the Supreme Court for
maintaining records of high court judges, scheduling meetings of
the Collegium, receiving recommendations as well as complaints
in matters related to appointments.
5. National security and public interest have been included as the
new ground of objection to appoint a candidate as a judge.
6. It proposes that for appointment of judges in the Supreme Court,
the prime criteria should be seniority as chief justice/ judge of the
high court.
6. Though the MoP aims to address the lacunae of the collegium system,
the consensus between the government and judiciary seems quite far.
This is largely due to the sense of mistrust between the government and
judiciary.
7. How the present collegium system can be improved
1. Accepting applications for appointments as High Court judges
should be followed. This is followed in the UK and can be
adopted in India too. There must be full and complete disclosure
of relationships and affiliations of applicants to sitting and retired
judges.
2. There should be a clear cut appointment policy clearly covering
eligibility criteria, age of retirement, seniority and merit etc that
involve minimum human judgment and offer least discretion to
the appointers.
3. Collegium should spell out why a candidate was chosen, whether
seniority or merit.
 4. The constitution of collegium should be diversified to ensure and
secure presence judges from all sections like, minority, women,
tribes and backwards this will help to dilute the prevailing
nepotism in the system. Even some space can be given to the
participation of civil society.
5. The appointment of older judges with shorter tenures threatens the
court with institutional incoherence and ineffectiveness. The Law
Commission observed that young judges would bring a freshness
and vigour to constitutional courts.
6. A permanent secretariat to document its affairs and to put the
minutes of the meetings in RTI domain should be established.
8. The opacity in the appointment of judges has allowed for covert
manipulation. It has also meant that often the best legal minds are left
out of the judicial system. A transparent, fair, and open system of
appointment is central to ensuring that people have faith in the legal
system, which is essential for functional democracy, doing business,
and ensuring development.

Coordination between judiciary and Government

1. A recent NCRB report shows that nearly 67% of all inmates in Indian
prisons are undertrials. Judiciary is faced with mounting pendency of
cases, and executive and Judiciary are at loggerheads over the issue of
judicial appointments. In this context, coordination between Executive
and Judiciary will help speed up the trials.
2. Coordination
1. Coordination in matters of judicial appointments will lead to
filling up of vacancies and faster disposal of cases. Logjam is
being cleared with options such as the Memorandum of
Procedure.
2. Currently, less than 1% of the budget is spent on judiciary.
Funding needs to be directed towards digitisation of records, and
giving an impetus to e-courts.
3. Government is the biggest litigator. Thus, it needs to curb
frivolous litigation in order to reduce the burden on judiciary.
National Litigation Policy is being implemented to this effect.
This will reduce pendency and speed up the trials.
4. Legislative framework for Alternative Dispute Resolution
mechanisms will lead to speeding up of trials.
5. Reforms in the police framework and strengthening of BPRD will
lead to a responsive and efficient police force.
6. Coordination between Rajya Sabha, government and the judiciary
in order to introduce an All India Judicial Service can lead to
merit-based appointments of judges, which will increase the
efficiency of the judiciary while providing an impetus to legal
education in the country.
5. Salient features of the Representation of People’s Act
RPA act, 1951

1. Article 327 and 328 of the Constitution confers the power on parliament
and state legislature respectively to make rules for election to
Parliament and state legislature. Consequently the Parliament has
passed RPA, 1951 to provide for grounds of disqualification of
candidates and legislators.
2. RP act provides for
1. Conduct of elections of the Houses of Parliament and to the House
or Houses of the Legislature of each State.
2. Details about the structure of administrative machinery for the
conduct of elections.
3. Qualifications and disqualifications for membership of those
houses.
4. Corrupt practices and other offences at or in connection with such
elections and the decision of doubts and disputes arising out of or
in connection with such elections.
3. Spending limits
1. For Lok Sabha elections, a maximum of 70 lakhs except in case of
north eastern and hilly states which is 54 lakhs rupees.
2. For state assembly elections, a maximum of 28 lakhs except in
case of north eastern and hill states which is 20 lakhs rupees.
4. Disqualifications under constitution
1. If he/she is of unsound mind.
2. If he/she is an undischarged insolvent.
3. If he/she is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state.
4. If he/she holds an office of profit.
5. Disqualifications under RP act
1. Found guilty of election offences/corrupt practices.
2. Conviction for any offence resulting in imprisonment for 2 or
more years. Conviction for promoting enmity between different
groups.
3. Failed to lodge an account of his election expenses within time.
4. Having interest in government contracts, works or services.
 5. If dismissed from government service for corruption or dis-loyalty
to the state.
6. If punished for practising and preaching social crimes like sati,
untouchability, etc.
6. Election offence covered under RPA
1. Any form of gratification for electors for voting or refraining from
voting, and to the candidates for withdrawing or not withdrawing
nomination is considered as a corrupt practice.
2. It includes any direct or indirect interference with the free exercise
of any electoral right by the candidate or his election agent.
3. Appeal to vote or refrain from voting on the ground of his
religion, race, caste, community or language, etc.
4. The promotion of feelings of enmity or hatred between different
classes of the citizens of India on grounds of religion, race, caste,
community, or language.
5. The propagation of the practice or the commission of sati or its
glorification.
6. The publication of any false statement of fact in relation to the
personal character or conduct of any candidate.
7. Booth capturing by a candidate or his agent or other person.
8. Obtaining any assistance from any person in the service of the
Government for the furtherance of the prospects of that
candidate’s election.
7. Dilution of disqualification grounds
1. SC in Lily Thomas case 2013 invalidated section 8(4) on the
grounds that it is against principle of equality as envisaged under
article 14. But parliament tried to bring an amendment to save the
section 8(4) by giving a cooling off period of 90 days. But
amendment was soon taken out due to public pressure.
2. Dilution of Office of Profit clause has also been observed in
multiple cases where persons holding important political position
and office of profit simultaneously are exempted from
disqualification by passing a law that specifically protects them
from disqualification. Recently the Delhi legislature passed a law
that said that parliamentary secretaries do not hold Office of
Profit.
8. EC reforms
1. EC first issued a MCC for political parties at the time of the fifth
 general elections, held in 1971. Since then, code has been revised
from time to time and lays down guidelines.
2. In 1998, ECI made it compulsory for all the candidates to submit
their past criminal antecedents with the election affidavit. The
above order is an effective step to make democracy healthy and
unpolluted.
3. It has introduced EVMs which has saved money, solved several
logistical issues. Commision is also charging nominal fee of
Rs.10000 to arrest the trend of non-serious parties contesting
election.
4. In order to ensure that the parties practice internal democracy in
their functioning, the commission requires them to hold their
organisational elections regularly.
5. EC has fixed legal limits on the amount of money which a
candidate can spend during the election campaign. The contestants
are also required to give details of expenditure within 30 days of
the declaration of the election results.
6. In an attempt to improve the accuracy of the electoral rolls, the
Election Commission in 1993 ordered the issuance of electors
photo identity cards (EPICs) for all voters. During the 2004
Assembly elections, it was mandatory for people possessing
EPICs to furnish it at the time of voting.
9. CEC appointment
1. The appointment of CEC and other EC according to the Article
324, shall be done as per the law made by the Parliament in this
regard. This leaves the appointment of such a crucial post solely to
the executives.
2. The constitution has not prescribed the qualifications of the
members of election commission.
3. Constitution has not debarred the retiring Election commissioner
from any further appointment by the government.
4. There is also no clarity regarding the power division between the
Chief Election Commissioner and other Election Commissioners.
10. Recent amendments to RP act
1. Insertion of section 126A which banned publishing exit polls till
the time of elections were over.
2. Section 8(4) which allowed convicted MPs, MLAs to stand for
elections by filing a complaint was repealed. It is a step towards
 decriminalising politics.
3. Insertion of Section 62(2), which allowed a person post detention
to contest elections as he is no longer ceased to be an elector as his
name is included in the electoral roll.
4. Recent amendment included Section 20A of RPA, which now
allows NRI to vote from their current residence via postal ballot
system.
5. SC has asked EC to introduce NOTA button. Now instead of
boycotting elections, voters can practice their right to reject.
11. SC reforms
1. In ADR, 2002 case, the Supreme Court has made it mandatory for
candidates to provide a comprehensive list of information at the
time of filing nomination.
2. In Jan Chaukidari vs Union of India judgement, all those in lawful
police or judicial custody will forfeit their right to stand for
election.
3. In Lily Thomas vs Union of India, the SC declared Section 8(4) of
the RP act, 1951, which allowed legislators a three-month window
to appeal against their conviction as unconstitutional.
4. With a view to bringing about purity in elections, the SC held that
a voter could exercise the option of negative voting and reject all
candidates as unworthy of being elected. The court directed the
EC to provide the NOTA button in the EVM.
5. SC in the case of Subramanian Swamy case has held that VVPAT
is indispensable for free and fair elections. In accordance to that,
the SC has directed the EC to equip EVMs with VVPAT systems.
6. Supreme Court said that freebies promised by political parties in
manifestos shake the roots of free and fair polls and directed the
Election Commission to frame guidelines for regulating contents
of manifestos.
7. The Allahabad high court stayed caste based rallies in Uttar
Pradesh, a move that will block off a key avenue that the major
political parties use to expand their support base, especially before
elections.
8. In 2015, SC held that even after a Returning Officer has declared
the result, the election can be nullified if candidate has not
disclosed criminal records.
12. Various sections of RPA to keep a check on criminals
1. Disqualification for certain offences is provided for in Section 8.
2. Section 33A under which each candidate has to file an
affidavit furnishing details about cases in which he has been
accused of an offence punishable with 2 or more years.
3. Section 125A provides for punishment of imprisonment for a term
upto six months or with fine for declaring wrong information.
4. Section 123 deals with corrupt practices.
5. Section 29C mandates parties to furnish reports about their
financing to keep a check on illegitimate funding by criminals.
13. Recent demands by ECI
1. The section 126 of RPA currently prohibits publication of ads by
political parties in electronic media (TV, radio) and recently added
social media, 48 hours before voting ends. The ECI wants print
media to be included in Section 126 of the RP Act.
2. It has demanded for constitutional protection for all three of its
members as opposed to just one at present. It also demanded that
the senior most EC should be automatically elevated as CEC in
order to instil a feeling of security in the minds of the ECs.
3. It has also sought absolute financial freedom from the Law
Ministry. Like the CAG and UPSC, the ECI wants its budget to be
charged to the Consolidated Fund.
4. It has also proposed an independent secretariat for itself with
which it will not have to depend on DoPT to appoint its officers. It
can also draw competent professionals and experts from the job
market.
5. It has pushed for the introduction of totaliser machines for
counting of votes. The totaliser machine increases the secrecy of
voting by counting votes polled at 14 polling booths together, as
against the current practice of announcing booth-wise results.
6. ECI wants bribery during election season as cognisable offence.
ECI also supports making paid news an electoral offence
punishable by two years of imprisonment. EC has recommended
that the Representation of the People Act, 1951 to be amended to
this effect.
14. Effects of application of MCC
1. The present code contains guidelines for conduct of political
parties and candidates (no attack on private life, no appeal to
 communal feelings, prohibition against Ministers etc).
2. Ministers and those holding public offices are not allowed to
combine official visits with electioneering tours.
3. Issue of advertisements at the cost of public exchequer is
prohibited.
4. Grants, new schemes cannot be announced. Even the schemes that
may have been announced before the MCC came into force, but
that has not actually taken off in terms of implementation on field
are also required to be put on hold.
5. It is through such restrictions that the advantage of being in power
is blunted and the contestants get the opportunity to fight on more
or less equal terms.
15. Is MCC an hindrance in the developmental activities
1. One often gets to hear the complaint that the MCC is coming in
the way of developmental activities.
2. However, even during the short period when MCC is in operation,
the ongoing development activities are not stopped and are
allowed to proceed unhindered, and only the new projects, etc.,
which have not taken off on the ground that have to be deferred
till the completion of elections.
3. If there is any work that cannot wait for any reason, the matter can
be referred to the commission for clearance.
4. Legalising the MCC will be an attempt to fill the loopholes in the
laws. However, these loopholes can be easily plugged by inner
party democracy and pragmatic election commission’s decisions.
16. MCC into RP act
1. MCC is a set of guidelines issued by the Election Commission to
regulate conduct of political parties. It is intended to provide a
level playing field for all political parties, to keep the campaign
fair and healthy, avoid clashes and conflicts between parties, and
ensure peace and order. It was initiated in 1968 and various
initiatives were made from time to time by the EC.
2. The Model Code of Conduct does not have a statutory backing
and it is more a consensus driven code arrived at after consultation
with all political parties. The Parliamentary Standing Committee
on Law and Justice recommended in its 2013 report that statutory
status be accorded to the MCC.
17. Arguments for MCC into RP act
 1. Most of the stipulations of the MCC are already contained in
various laws like the violation of secrecy of voting, causing
enmity among communities, etc., are present in RP act, 1951. The
remaining stipulations in the MCC should also be accorded
statutory backing.
2. It will become a legal framework which can be justiciable in the
court.
3. It will also seek to regulate activities in social media.
4. This will enable EC to take adequate action as per the violation
committed by political parties.
5. It will create a fair play for all the contestant without vitiating the
atmosphere which can lead to law and order problem.
18. Arguments against
1. The decision making power will go to the judiciary and thus the
swiftness, expedition and promptness in dealing with the cases of
violation of MCC will be gone.
2. The legal codification of these norms would be a potential
nightmare, exposing the entire electoral process to needless
litigation. The broad objectives of MCC are best achieved by
oversight of an impartial election watchdog.
3. Various political parties also seen this move of legalising the MCC
as an attempt of taking power of election commission.
4. Supreme Court, in Union of India vs Harbans Sigh Jalal, opined
that legalising MCC may not be suitable option.
19. Following can be done
1. The increase in quantum of punishment in case of violation which
is already backed by laws under RPA and IPC.
2. Creating more awareness in political parties about MCC by
training and awareness programmes.
3. Use of whip office in parties to regulate activities during elections.
4. Discouraging the violation on social media by amending IT act.

Criminalisation of politics

1. The latest report by election watchdog Association for Democratic

Reforms, 33% MPs in the current Lok Sabha have criminal cases and
21% MPs have been named in serious criminal cases such as
kidnapping, hate speech, and those of crimes against women.
Reasons for criminalisation of politics

1. Loop holes in the functioning of election commission: Loopholes in

electoral process and lack of powers to election commission of India to
scrutinize and prevent criminal elements. Common people hardly come
to know the rules made by the commission. MCC is openly flouted by
candidates without any stringent repercussions.
2. Nexus between politicians and criminals: Political Parties are biased
towards candidates having money and muscle power because they
believe that they can win elections compared to a clean candidate with
no money.
3. Winnability: Many voters who feel that our country’s criminal justice
system has broken down actually prefer to vote for those candidates,
criminal or otherwise, whom they feel can deliver justice to them. Many
perceive the institutions of state to be outside their reach.
4. Apathy of the voter: Today voters have become accustomed to
demanding their price. This further perpetuates the nexus between
political parties and criminals.
5. Denial of justice and rule of law: Toothless laws against convicted
criminals standing for elections further encourage this process. In
December 2017, the Government announced to set up 12 fast-track
courts across the country to try criminal cases pending against sitting
MPs and MLAs. 40 percent of pending cases have been transferred to
 special courts of which judgments have been pronounced in just 136
cases (11%).
6. India is seen as a soft state where people do not have fear for laws and
or for undergoing punishments, due to which there is no deterrence to
indulge in criminal activities.

RP act fell short of stopping criminal elements

1. As per Section 8, a person is disqualified from contesting election only

on conviction by the court of law. Due to huge pendency of cases in
courts, conviction is getting delayed.
2. There is no clear provision for follow-up action in the event of
candidates filing false affidavits.
3. ECI has no power to call off election based on electoral offences, these
are tried in HC which leads to legal hassles and low conviction. Even in
corrupt practices which come under ECI do not include provisions of
paid media, hate speech, money power etc.
4. RP act has not been successful in curbing the money and muscle power.
Muscle power has not even been defined by the act. Money limit has
often been breached using different means. For example, donations
were split into amounts of less than Rs.20000 for evading reporting.
5. MCC is not legally enforceable and often parties do not agree
voluntarily on what is/are ethically right and wrong.
6. Hence, despite being a well framed legislation, RPA can’t tackle
criminalisation alone. It needs reforms in internal democracy, financial
transparency, partial state funding, empowered ECI, strong judiciary, to
ensure that criminals are not allowed to enter the political arena.

Electoral reforms

1. A report from the Association of Democratic Reforms (ADR) shows

that 75% of the sources of funding for political parties are unknown
which further become one of the major cause of corruption.
2. Budget 2017
1. Capping of single source donations to rupees 2000 in cash. This
would lead to lesser donations in cash.
2. Allowing political parties to receive donations through cheques
 and digital means enhance transparency.
3. Issue of electoral bonds by banks. The electoral bonds which will
be issued by notified banks can be redeemed by recognised
political parties within a prescribed time limit to ensure anonymity
in funding.
4. Asking parties to file their income tax returns in time would lead
to disclosures.
3. Impact
1. It will help in reducing the problem of financing of political
parties using black money.
2. Money power in elections will decrease significantly as parties
can now accept only up to Rs. 2000 in cash.
3. Functioning of political parties will become more transparent and
thus become more accountable towards public.
4. It will reduce nexus between big corporate houses and political
parties.
5. In long term it will result in ethical politics and reduction in
criminalisation of politics.
4. Drawbacks
1. Proposed amendments to RBI Act, IT Act and RP Act would
leave the RBI and IT department with no means to probe funding
of the political parties.
2. Electoral bond perhaps leads to anonymous donations.
3. Political parties will continue to receive most of their funds
through anonymous donations which are shown in cash. Unless
the source of the Rs. 2,000 contribution is known, the ceiling does
not matter.
4. Despite the order of CIC, political parties have refused to come
under the ambit of RTI Act and the recent budget made no
punitive measures to bring political parties under the purview of
RTI Act.
5. There is no point of revamping political funding if there is zero
accountability on the expenditure of the political parties.
6. The budget does not promise scrutiny of income declared by
political parties from various sources and corresponding measures
of penalisation without which the reforms will remain incomplete.
Unless scrutiny of accounts of political parties is taken up by a
body approved by CAG or ECI, parties declared income is
 unlikely to reflect their true income.
5. Way forward
1. There is a need to put cap on funding by big corporate houses.
Such donations should be made public as done in US. Also, law
could be enacted to prohibit political parties giving any undue
benefits to corporates.
2. Political parties should be brought under the ambit of RTI as
followed in countries like Bhutan, Germany etc.
3. Budget should have placed a cap on the amount a party may
receive in cash as a donation.
4. Partial state funding of elections should be considered as
recommended by Indrajit Gupta committee.
5. To ensure transparency stricter provisions should be enacted so
that parties maintain list of donors and which can be scrutinised
easily by IT department.
6. The funds of the political party should be audited by an
independent auditor. The responsibility should not be given to the
inside auditor. The details should be placed in public domain.
6. Arguments in favour of State funding of elections
1. State funding increases transparency inside the party and also in
candidate finance, as certain restrictions can be put along with
state funding.
2. State funding can limit the influence of wealthy people and rich
mafias, thereby purifying the election process.
3. Through state funding the demand for internal democracy in party,
women representations, representations of weaker section can be
encouraged.
4. The parties depend upon funding by corporate and rich individuals
and thus lead to quid-pro-quo.
7. Arguments against State funding of elections
1. Through state funding of elections the tax payers are forced to
support even those political parties or candidates, whose view they
do not subscribe to.
2. State funding encourages status quo that keeps the established
party or candidate in power and makes it difficult for the new
parties.
3. State funding increases the distance between political leaders and
 ordinary citizens as the parties do not depend on the citizens for
mobilization of party fund.
4. Political parties tend to become organs of the state, rather than
being parts of the civil society.
5. Due to lack of inner party democracy and rampant internal
corruption within political parties, the state funds would get
misused by the political parties.
6. Parties would start fielding non-serious candidates just to grab
more and more funds from the state. This would lead to wastage
of citizens monetary resources.
8. EVM features
1. Software written onto a one-time programmable chip.
2. Standalone machines that are not networked.
3. The lack of any frequency receiver or wireless decoder that will
allow for communication externally.
4. Advancements in newly deployed machines that allow for self-
diagnostics to render the machines tamper-proof among other
things.
5. Combining this with administrative safeguards that allow for
rigorous checks at various levels, such as after manufacture,
during deployment, and so on.
6. Randomisation of deployment of machines, a listing of candidates
in alphabetical order rather than on party basis on ballot units.
7. Sealing of machines by political party representatives after
polling.
8. Storing in high security strong rooms.

Universal adult suffrage in India

1. The democracy in India is said to be of the people, for the people and by
the people. The realisation of this maxim was to be brought about through
Universal Adult Franchise. The aim was to make India a vibrant, deliberative,
impartial and participatory democracy.
2. This concept was chosen because of the colonial experience where
council seats were non-elective and were based on restricted franchise. This
led to inclusion of zamindars, rajas and other nobility class people in councils
who had no interest in raising public issues.
3. Success of the concept
 1. The voter participation has been increasing.
2. The share of votes from rural and marginalised section have seen a
greater turnout aiming to steer the ship of governance.
3. We can see a rise in women voters and universal adult franchise has
served as a tool for empowerment.
4. Poor governance by parties has resulted in their exit as a result of
the universal adult franchise.
5. Universal adult franchise has ensured that minorities wield
sufficient power so not to get neglected.
4. Role of election commission in this regard
1. EC has managed the mammoth logistics associated with conducting
elections in huge country like India.
2. EC has been able to maintain fair conduct of elections through
Moral Code of Conduct (MCC) and efficient administration.
3. Enlisting, updating and issuing of voter cards to eligible citizens
irrespective of race, gender, class, caste etc. Launch of National Voter Service
Portal to provision these services.
4. Making sure polling booths are accessible to people residing in
remote places. Postal ballots for Army and NRIs
5. Anonymity on choice of voter is vital and EC has been able to
manage that.
6. EC has been taking timely and painstaking efforts to ensure that
citizens understand the importance of voting.
5. However there exist some issues like election rigging on account of
bogus polling, political and money, muscle power which need to be
addressed.

Political parties under RTI

1. The move to place political parties under RTI had drawn up sharp
protests from all major parties. The issue is still under debate and political
parties still don’t come under RTI.
2. Why
1. RTI act section 2 includes owned, controlled or substantially
financed bodies by Government under its ambit. As political parties are
allotted government land at subsidised rates and are allotted free time on AIR
and Doordarshan among other things, they must be covered under the RTI act.
2. Political parties are the direct link between the government and the
citizens. If we expect transparency from the government there must be a
similar expectation from the political parties.
 3. Although parties have to declare to the Election Commission all
donations in excess of Rs. 2000 they receive, they resort to under reporting to
evade this clause. So inclusion of them can curb black money and can reduce
influence of money in elections.
4. Public respect for political parties is already at an all time low. This
will increase the credibility of parties and increase voters confidence in them.
5. It would also strengthen internal democracy among the parties as
parties try to project themselves more democratic than others.
6. It can give morale boost for all the NGOs to disclose their revenues
etc.
3. Why not
1. Political rivals with malicious intentions would file RTI
applications, thereby adversely affecting the functioning of the parties.
2. Political parties do not maintain the documentation needed to
respond to wide ranging RTI queries and they now need to establish a new
organisation only to fulfil the RTI obligations.
3. According to the political parties, divulging certain details under the
RTI act may distort the entire process of internal democracy of the party.
4. RTI will adversely affect cash contributions or will further
discourage parties from reporting them.
4. Benefits of being recognised as national party
1. The candidates of recognised parties are entitled for free supply of
certain materials like such number of copies of electoral rolls.
2. National party recognition leads to a reserved symbol for its
candidates contesting from across the country.
3. Candidates from a national party require only one proposer to file
their nominations and are entitled to two sets of electoral rolls free of cost.
4. National parties get dedicated broadcast slots on public broadcasters
Doordarshan and AIR during the general elections.
5. A national party can have a maximum of 40 star campaigners while
a registered unrecognised party can nominate a maximum of 20 star
campaigners, whose travel expenses are not accounted for in the election
expense accounts of candidates.
6. The proposed amendments to the Representation of People act,
1951 for the introduction of state funding of election provides for extending
financial assistance only to the recognised party.

Right to recall
1. A recall election (recall referendum) is a procedure by which voters can
remove an elected official from office through a direct vote before their term
has ended. This is not a new concept for India. Rajdharma concept, wherein
the lack of effective governance was a cause for removal of a king, has been
spoken about since the Vedic times.
2. MN Roy, in 1944, proposed a shift to a decentralised and devolved form
of governance, allowing for representatives to be elected and recalled.
3. Advantages of right to recall
1. A free and fair election is a right of the citizens of the country.
When their elected representatives no longer enjoy the confidence of the
people, the people must have a right to remove them.
2. A right to recall option enhances accountability of the elected
representative.
3. Right to Recall is a right that would act as a significant check on
corruption along with ongoing criminalisation of politics.
4. Having a process to recall could also limit campaign spending, as
morally skewed candidates weigh the risk of being recalled.
5. This right would help engender direct democracy in our country,
broadening access and raising inclusiveness.
4. What could be done
1. It is necessary to ensure that a recall process is not frivolous and
does not became a source of harassment to elected representatives.
2. Thus, the process should have several built-in safeguards such as an
initial recall petition to kick-start the process and electronic-based voting to
finally decide its outcome.
3. Furthermore, it should ensure that a representative cannot be
recalled by a small margin of voters and that the recall procedure truly
represents the mandate of the people.
4. To ensure transparency and independence, chief petition officers
from within the Election Commission should be designated to supervise and
execute the process.

State election commission (SEC)

1. Bringing SECs under ECI
1. Bringing SEC under the control of ECI will give it the required
independence from state governments.
2. This would also ensure a commonality of approach in the electoral
process.
2. Repeal SECs and amend powers of ECI
1. However, one independent constitutional authority cannot function
under another constitutional authority. The only alternative would be to repeal
Article 243K and amend Article 324 entrusting local elections to the Election
Commission of India.
2. Article 324 provides for appointment of Regional Election
Commissioners. A Regional commissioner could then be appointed for each
state under this provision and it could function as the SEC for local elections.
3. Only strengthen SEC
1. Against this it has also been argued that, as the number of local
bodies is so large, the ECI would hardly have the time to attend to election
related matters in respect of local governments.
2. Now that every State has constituted its SEC, repealing Article
243K and abolishing these offices would be impractical. So the focus should
be on strengthening the independence of the SEC.
3. SEC should be appointed by a collegium comprising the Chief
Minister, the Chief Justice of the high court and the leader of opposition.
Uniform criteria need to be evolved and institutionalised regarding the
qualifications, tenure and age of retirement.
4. SECs should be accorded the status of a judge of a High Court in
the same manner as CEC in the Election Commission of India are accorded
the status of Judge of the Supreme Court.
6. Separation of powers, comparison of constitutions
Separation of powers

1. The doctrine of separation of power claims that state power is not a

single entity but rather a composite of different governmental functions
carried out by state bodies independently of each other. The objective is
to ensure that different branches of government should work
autonomously with minimal interference from others. It also aims to
reduces over-centralisation of power in the hand any branch of the
Government and thus reduce instances of abuse of power.
2. The constitution of India embraces the idea of separation of powers in
an implied manner. Despite there being no express provision
recognising the doctrine of separation of powers, the Constitution does
make the provisions for a reasonable separation of functions and
powers between the three organs of Government.
3. Functional separation
1. Article 50 lays down that State shall take steps to separate the
judiciary from the executive. This is for the purpose of ensuring
the independence of judiciary.
2. Article 121 and 211 provides that judicial conduct of a judge of
the Supreme Court and the High Court cannot be discussed in the
Parliament and the state legislature.
3. Article 122 and 212 provides that legislatures cannot be called
into question in any court. This ensures the separation and
immunity of the legislatures from judicial intervention.
4. Articles 53 and 154 provides that the executive power of the
Union and the State shall be vested with the President and the
Governor and they enjoy immunity from civil and criminal
liability.
5. Article 361 declared that President or the Governor shall not be
answerable to any court for the exercise and performance of the
powers and duties of his office.
4. Functional overlap
1. The legislature besides exercising law making powers exercises
judicial powers in cases of breach of its privilege, impeachment of
the President and the removal of the judges.
2. The executive makes appointments to the Judiciary and thus
 affects its functioning.
3. Ministers are members of the legislature.
4. Legislative power can be exercised by the executive. For
example, President or the Governor can promulgate ordinances
when the legislature is not in session.
5. The tribunals and other quasi-judicial bodies which are a part of
the executive also discharge judicial functions. Administrative
tribunals which are a part of the executive also discharge judicial
functions.
6. Besides the functional overlapping, the Indian system also lacks
the separation of personnel amongst the three departments.
5. Judicial pronouncements
1. Constitutional scheme does not provide any formalistic division
of powers. It is through judicial pronouncements, passed from
time to time, that the boundaries of applicability of the doctrine
have been determined.
2. In the re Delhi Laws Act case, SC observed that one organ should
not perform functions which belong to others in India.
3. In Keshavananda Bharti case, the doctrine of separation of powers
is acknowledged as an integral part of the basic features of
constitution.
4. In the Indira Gandhi vs Raj Narain case, this doctrine was made
clearer. Court observed that in the Indian Constitution, there is
separation of powers in a broad sense only. A rigid separation of
powers as under the American Constitution does not apply to
India.
6. Checks and balances
1. The constitution of India expressly provides a system of checks
and balances in order to prevent the arbitrary or capricious use of
power. Though such a system appears dilatory of the doctrine of
separation of powers, it is essential for just and equitable
functioning of the constitutional system.
2. The judges of the SC and the HC are appointed by the President.
But they may be removed from office only if they are impeached
by Parliament. This measure helps the judiciary to function
without any fear of the executive.
3. Similarly, the executive is responsible to Parliament in its day to
 day functioning. While the President appoints the leader of the
majority party, a government is duty bound to lay down power if
the House adopts a motion expressing no confidence in the
government.
4. Similarly the judiciary keeps a check on the laws made by
Parliament and actions taken by Executives, whether they
conform to the constitution or not, using the tool of Judicial
Review.

Indian vs British

1. The doctrine of sovereignty of Parliament is associated with the British

Parliament. This means Parliament can make, amend, substitute or
repeal any law. Parliament can make constitutional laws by the same
procedure as ordinary laws and Parliamentary laws cannot be declared
invalid by the Judiciary.
2. Differences in Indian Parliament vs British Parliament
1. Written constitution: The Parliament has to operate within the
limits prescribed by the Constitution. In Britain, on the other
hand, the Constitution is neither written nor there is anything like
a fundamental law of the land. British Parliament is sovereign and
can do or undo anything. The point is that in the sense of
constitutional sovereignty, their powers are not limited by a
constitutional document.
2. Upper chamber: The upper chamber of British Parliament is
known as House of Lords. It has no fixed number unlike Rajya
Sabha in India and currently it is the biggest legislative body
among democracies across the world. It is one of the least
powerful upper house in world.
3. Lower chamber: The house of commons is one with the most
authority. UK is divided into 650 constituencies each electing one
MP to the commons. Thus house of common is much more
representative than Lok Sabha of India, considering the
population of India and UK.
4. Federal system: India has a federal system with a constitutional
division of powers between the Union and the states. Britain, on
the other hand, has a unitary system of Government and hence, all
the powers are vested in the Centre.
 5. Judicial review: The adoption of an independent Judiciary with
the power of judicial review also restricts the supremacy of our
Parliament. The British courts have to apply the Parliamentary
laws to specific cases, without examining their constitutionality,
legality or reasonableness.
6. Fundamental rights: Article 13 prohibits the State from making
a law that either takes away totally or abrogates in part a
fundamental right. In Britain, on the other hand, there is no
codification of justiciable fundamental rights.
3. In this regard, the Indian Parliament is similar to the American
Congress. In USA also, the sovereignty of Congress is legally restricted
by the written character of the Constitution, the federal system of
government, the system of judicial review and the Bill of Rights.
4. Indian judiciary vs British Judiciary
1. Differences
1. In case of British system, the lack of concept of ‘Basic
Structure’ makes amending power of the Parliament
supersede any judicial pronouncement. Whereas, in case of
the Indian Judiciary system, the concept of ‘Basic Structure’
has provided a potent tool to Judiciary by which it can
scuttle down any Executive or Legislative action, which it
deems as against the basic spirit of the Constitution.
2. British legal system is completely based on ‘Common Law
System’. Common Law System implies that law is
developed by the judges through their decisions, orders, or
judgments. However, unlike the British system, which is
entirely based on the Common Law System, where it had
originated from, the Indian system incorporates the
Common Law System along with the statutory and
regulatory laws.
2. Similarities
1. The Rule of Law in Britain is safeguarded by the provision
that judges can only be removed from office for serious
misbehavior and according to a procedure requiring the
consent of both the Houses of Parliament. So, the judges are
able to give their judgments without any fear or favor. The
same has been adopted in India, where independence of
Judiciary is hailed as an unmistakable part of the
 Constitution
2. The actions of executive can be declared ultra vires in both
the systems.
3. The judiciary is considered the highest interpreter of the
Constitution.
4. Off late, there has been a splurge in judicial activism in
Britain and judiciary is becoming more and more active. A
similar evolution of judiciary has been noticeable in the
Indian case too.
7. Constitutional, statutory and regulatory bodies
Election commision
1. The Constitution of India has vested in the Election Commission (EC) of
India the superintendence, direction and control of the entire process for
conduct of elections to Parliament and Legislature of every State and to the
offices of President and Vice-President of India.
CAG
1.

2. Financial accountability and CAG

1. The CAG submits three audit reports to the President, namely,
audit report on appropriation accounts, audit report on finance
accounts and audit report on public undertakings.
2. Public Accounts Committee examines the annual audit reports of
the CAG, which are laid before the Parliament by the President. In
the fulfilment of its functions, the committee is assisted by the
CAG. In fact, the CAG acts as a guide, friend and philosopher of
the committee.
3. Independence of office of CAG
1. CAG can be removed by the President only in accordance with the
procedure mentioned in the Constitution. Thus, he does not hold
his office till the pleasure of the President, though he is appointed
by him.
2. He is not eligible for further office, either under the Government
of India or of any state, after he ceases to hold his office.
 3. His salary and other service conditions though determined by the
Parliament cannot be varied to his disadvantage after
appointment.
4. His administrative powers and the conditions of service of persons
serving in the Indian Audit and Accounts Department are
prescribed by the president after consultation with the CAG.
5. The administrative expenses of the office of the CAG, including
all salaries, allowances and pensions of persons serving in that
office are charged upon the Consolidated Fund of India. Thus,
they are not subject to the vote of Parliament.
4. Functions of the CAG

5. Limitations of CAG
1. Its report is post-facto i.e. after the expenditure is incurred and has
only prospective value in improving systems and procedures.
2. Secret service expenditure is outside the purview of the CAG and
he cannot call for particulars of expenditure incurred by the
executive agencies, but has to accept a certificate from the
competent administrative authority that the expenditure has been
so incurred.
3. Since the legislation, the government has increased its
participation with the private sector through the PPT and BOT
models. However the rules have not undergone a significant
change and CAG does not have the power to audit PPP (Public
Private Partnership) investments.
4. There is no provision for auditing of funds that are given to an
NGO and elected local bodies. Today when NGOs have become a
 conduit for a multitude of government schemes.
5. CAG presently does not have the full authority to audit the PRIs
and ULBs. In most states, the examiners functioning under the
Finance Department audit the accounts of local bodies.
6. DRDAs (District Rural Development Authority) today are
managing large sums of money for rural development yet they
also are outside the purview of CAG audits.
6. CAG’s work should go beyond the question of whether government
funds are being spent appropriately to ask whether programs and
policies are meeting their objectives and the needs of society.
7. Issues in appointment
1. The selection process for the CAG is entirely internal to the
Government machinery with opaque selection procedure. Thus
there is lack of clarity on the criteria, the definition of field of
choice, the procedures for selection, etc.
2. Since 1966, only one IAAS officer has been chosen while all other
postings went to senior civil servants. This has had a demoralising
effect on the IAAS cadre. The field of choice should be wide to
include IAAS, IAS, and other experts from outside Government.
3. The appointment of former secretaries as CAG may compromise
the independence of this institution because of apparent conflict of
interest.
4. There is a need to frame a transparent selection procedure based
on definite criteria and constitute a broad-based non-partisan
selection committee. There needs to be an institutionalised process
of selection for the post of CAG, a selection committee as seen in
the appointment of CVC (involving PM, Leader of Opposition and
Home Minister) and the Chairman of the NHRC may be
considered.
8. Expanding role of CAG
1. Newer infrastructure under PPP (HAM), Air India turnaround
plans, DISCOMS audits, etc., lead to increase in jurisdiction of
CAG.
2. Jurisdiction expansion over private bodies which use public
resources after 2014 judgement for telecom companies and BCCI
after Lodha Committee recommendations.
3. Conducting of performance audits of schemes/policies and
questioning of Govt. regarding usage of public money in 2G, coal
 allocation, NRHM implementation, crop insurance, etc.
4. Environmental audits regarding climate change, flood control, etc.
5. Economic audits regarding GST, demonetisation fallouts, etc also
add to the burden.
6. International auditing of UN HQ.
9. Challenges associated with expanding powers
1. Appointment process recently is not neutral and transparent which
may leave room for collusion
2. May create frequent strife with political class, which may act
detrimental.
3. Overburdening of already pressurised CAG workforce may affect
quality of audits.
4. Lack of sectoral experts inside CAG to study multiple links in
varied areas like environment, sports and economy.
5. To garner cooperation from newer constitutional agencies like
GST council, and revenue authorities regarding effective data-
sharing (else may lead to exaggerated audit figures).
6. Executive slackness and high litigation rates in India may lead to
ignorance of many recommendation (Power DISCOMS).
10. Can CAG go into policy decision
 11. Consequences of making CAG accountable to parliament
1. According to the Constitution, the CAG is meant to be
autonomous. With constant threat to its autonomy, reports of the
CAG may not remain impartial and lose credibility. The
legislature must not undermine the constitution to establish its
supremacy.
2. Political interference in the functioning of the CAG may increase,
resulting in erosion of its autonomy.
3. Recent proactive interventions of the CAG which brought out a
series of scams and corruptions to the light made immense faith in
the public and they view it as a proper unbiased check on the
executive. This trust should not be eroded.
4. It may also trigger a debate on making other constitutional bodies
like EC, UPSC etc., accountable to the parliament.
12. Measures to strengthen the PAC-CAG relationship
1. The Indian Parliament could adopt a charter or convention
outlining the broad contours of cooperation between the CAG and
the PAC to adopt a mutually reinforcing approach. The PAC may
issue suo moto reports to highlight failures in matters of financial
governance which the CAG may follow up to ensure probity,
accountability and transparency.
2. Public Accounts Committee (PAC) of Parliament could
recommend legislative changes, to provide adequate institutional
support to the CAG in order for him or her to discharge this vital,
constitutionally enshrined role.

UPSC

1. Suggestions to improve UPSC

1. UPSC should try to go beyond the recruitment role to evolving
answers to issues relating to civil services and their role in a
rapidly changing society. It should serve as a think tank on
personnel issues.
2. Services are often out of touch with new developments in
 technology and knowledge. UPSC should liaison with such
research institutions to conduct regular specially designed courses
for administration.
3. The increase in work of the commission has been manifold. There
is a need of decentralisation to effectively align with this increase
in workload.
4. UPSC so far has worked with remarkable competence,
impartiality and integrity. However a new world based on
openness, accountability and delivery has emerged. UPSC needs
to be in sync with these changes.
2. UPSC and CVC
1. Since the emergence of CVC, the role of UPSC in disciplinary
matters has been affected. Both are consulted by the government
while taking disciplinary action against a civil servant. Here,
UPSC being an independent body has an edge over CVC which
got statutory status in 2003.
2. Recently, in order to ensure speedy finalisation of disciplinary
matters and to avoid possibilities of difference of opinion between
UPSC and CVC, it has been decided as a policy to prescribe only
one consultation- either with CVC or UPSC. However, in
disciplinary cases wherein UPSC is not required to be consulted,
the consultation with CVC would continue to be made.

National Commission for Scheduled Castes

1. 65th Amendment provides for the establishment of a high-level multi-

member National Commission for SCs and STs in place of the single
Special Officer for SCs and STs.
2. 89th Constitutional Amendment bifurcated the combined National
Commission for SCs and STs into 2 separate bodies, namely the
National Commission for SCs (under Article 338) and the National
Commission for STs (under Article 338A).
3. Functions of the commision
 4. The commission presents an annual report to the president. The
President places all such reports before the Parliament. The President
also forwards any report of the Commission pertaining to a state
government to the state governor. The governor then places it before the
state legislature.

National Commission for Scheduled Tribes

1. The National Commission for Scheduled Tribes (NCST) was

established by amending Article 338 and inserting a new Article 338A
in the Constitution through the Constitution (89th Amendment) Act,
2003. They are appointed by the President by a warrant under his hand
seal and their conditions of service and tenure of office are also
determined by the President.
2. The commission presents an annual report to the president. It can also
submit a report as and when it thinks necessary. The President places all
such reports before the Parliament. The President also forwards any
report of the Commission pertaining to a state government to the state
governor. The governor then places it before the state legislature.

Finance commission

1. The Finance Commission is constituted by the President as a quasi-

judicial body under article 280 of the Constitution, mainly to give its
 recommendations on distribution of tax revenues between the Union
and the States and amongst the States themselves. Two distinctive
features of the Commission’s work involve redressing the vertical
imbalances between the taxation powers and expenditure
responsibilities of the centre and the States and equalization of all
public services across the States.

2.

3.

4.
 5.

Inter State Council (ISC)

1. Article 263 contemplates the establishment of an Inter-State Council to

improve cooperation, coordination and evolution of common policies.
The President can establish such a council. However, it has been largely
under utilised.
2. Importance of ISC
1. It provides a forum for discussion of topics lingering between
 states and centre. Ex: Water disputes.
2. Unlike other forums such as Niti Aayog, NDC, ISC has a
constitutional backing thus give much more room, voice and space
to states to bring out problematic areas on table.
3. As it is chaired by Prime Minister himself along with respective
Chief Ministers, the value of discussion get enhanced.
4. ISC was crucial in the implementation of many of the Sarkaria
Commission’s recommendations, such as altering the states share
of central taxes.
5. Gradually subjects have been shifted from state list to concurrent
list. ISC provide a platform for discussion of the legislation
related to subjects so that State doesn’t feel left out in the process.
3. Under-utilisation of ISC
1. There is no compulsion on government of the day to accept the
outcomes of the meetings.
2. No frequent meetings happen. Recently meeting happened after
12 years.
3. Overlap of role between NITI and ISC.
4. Clause-A of Article 263, which gave the council the power to
investigate issues of inter-state conflict, was dropped in the
presidential ordinance establishing the ISC.
4. Changes required in ISC
1. The ISC needs to be given all the powers contemplated in the
Constitution.
2. The Inter-State Council must meet at least thrice in a year on an
agenda evolved after proper consultation with States.
3. The council should have experts in its organisational set up drawn
from the disciplines of Law, Management and Political Science
besides the All India Services. It should provide greater
opportunities to civil society institutions and the corporate sector
to make their representations.
4. The Council should have functional independence with a
professional Secretariat or shift its secretariat to Rajya Sabha
secretariat.
5. It should be strengthened as a forum for not just administrative but also
political and legislative give and take between centre and states.
Zonal Council

1. Former Prime Minister Nehru suggested that the States may be grouped
into four or five zones having an advisory council 'to develop the habit
of cooperative working' among these States. This suggestion was made
by Pandit Nehru at a time when linguistic hostilities and bitterness as a
result of re-organisation of the States on linguistic pattern were
threatening the very fabric of our nation.
2. Role of Zonal Councils
1. The Zonal Councils provide an excellent forum where irritants
between Centre and States and amongst States can be resolved
through free and frank discussions and consultations. Being
advisory bodies, there is full scope for free and frank exchange of
views in their meetings.
2. Though there are a large number of other fora like the NDC, ISC,
the Zonal Councils are different, both in content and character.
They are regional fora of cooperative endeavour for States linked
with each other economically, politically and culturally. Being
compact high level bodies they are capable of focusing attention
on specific issues like border disputes, linguistic minorities,
economic and social planning, inter-state transport and so on.
3. The main objectives of setting up of Zonal Councils
1. Bringing out national integration.
2. Arresting the growth of acute State consciousness, regionalism,
linguism and particularistic tendencies.
3. Enabling the Centre and the States to co-operate and exchange
ideas and experiences.
4. Establishing a climate of co-operation amongst the States for
successful and speedy execution of development projects.
5. To secure some kind of political equilibrium between different
regions of the country.

CBI

1. The Central Bureau of Investigation (CBI) is the premier investigating

police agency in India. It plays major role in preservation of values in
public life and in ensuring the health of the national economy. The CBI
has to investigate major crimes in the country having interstate and
 international ramifications. It is involved in collection of criminal
intelligence pertaining to anti-corruption, economic crimes and special
crimes (Terrorism, kidnapping, etc).
2. The legal powers of investigation of CBI are derived from the DSPE act
1946. This act confers concurrent and co-extensive powers, duties,
privileges and liabilities on the members of Delhi Special Police
Establishment (DSPE) with police officers of the Union Territories. The
Central Government may extend to any area, besides Union Territories,
the powers and jurisdiction of members of the CBI for investigation
subject to the consent of the Government of the concerned State Govt.
3. Problems with CBI
1. CBI can investigate only those cases which are referred to it by
State. It cannot suo motto take cases. This gives a chance to
political executive to target opposition members and dissenters.
2. CBI also lacks financial autonomy. It depends entirely on
government even for small administrative expenses.
3. Lack of transparency in selection procedure of director and also
no effective external monitoring system to check misuse of its
power.

5. Reforms
 1. Lok Pal provides for appointment of director, CBI through a
collegium system which is a step in right direction. Lok Pal should
be allowed to decide cases which CBI takes up, not the executive.
CBI to report to Lok Pal for investigation of such cases. Lok pal
can supervise and oversee CBI.
2. Substitute archaic DPSE act by new CBI act. Define the role,
jurisdiction and legal powers of CBI. Also give the CBI financial
autonomy in the statutory law as has been given to supreme court,
CAG, etc. More establishment in form of judges, prosecutors and
support staff for CBI.
3. Have a dedicated cadre for CBI. The current practice of
appointing IPS officers may show favouritism towards some
political and permanent executive.
4. Improving functioning: There’s a dire need to improve the
capability of the intelligence-collection machinery and upgrade its
resources, the intelligence-sharing mechanism.
5. There will be an accountability commission headed by three
retired supreme court or high court judges. The committee will
look into cases of grievances against the CBI.
6. Why CBI shouldn’t be an completely independent body
1. One cannot let an institution like CBI go adrift and never
reporting to any other institution. Such aloofness of never
submitting can be dangerous to the society by jeopardising the
scheme of checks and balances.
2. If an organization is not answerable to the sovereign authority,
possibility of corruption increases.
7. Why should CBI be autonomous
1. The CBI has been used as an instrument of intimidation and a tool
of a political bargain with political opponents of a ruling party.
2. In the last five and half decades of CBI’s existence, no substantive
action has taken place against the political masters and their close
associates except in few cases.
3. The elitist and feudal bias of the CBI is reflected in the socio-
economic profile of those convicted in corruption cases. Most of
these include lower officials, people without political patronage.
4. It has no powers to take suo-moto action now.
8. CBI plays a pivotal role in checking corruption at highest levels. The
need for autonomy for such an organisation is beyond any question and
 must be ensured to cleanse our political system.

NHRC

1. The Supreme Court recently said it did not augur well for a democracy
like India to have a National Human Rights Commission (NHRC)
which was helpless to redress human rights violations as states seldom
 implement its recommendations.
2. Role
1. Investigating the violation of human rights.
2. Visiting the jails or any other such public institutions under state
government to inquire about the living conditions of inmates.
3. NHRC has taken several measures to promote right education in
India like a recent inclusion of human right in curriculum of
schools and colleges.
4. Several success stories in its track record like Hussainara
khatoona case, its judgement on custodial deaths etc.
5. NHRC helped bring out in open a multi crore pension scam in
Haryana.
3. Success of NHRC
1. NHRC opened the state to judicial and moral scrutiny:
Commission has kept a watch on incidences of 'encounter killings'
and 'custodial deaths'. It has issued guidelines wherein every death
in police action has to be reported to the NHRC within 48 hours of
the incident.
2. Vocal in its opinion against laws: Such as the Terrorist and
Disruptive Activities (Prevention) Act (TADA) and Prevention of
Terrorism Act, 2002 (POTA), which had scope for misuse and
possible human rights violations.
3. Expanding Reach: Over the years, as awareness about the
NHRC’s existence and work increased, so has its reach among the
people.
4. Suo motu cognisance of human rights violations: Based on
media reports or other sources of information and investigate
them. For example, the NHRC issued a notice to the Home
Ministry over the planned deportation of about Rohingya
immigrants. Soon after its creation, the NHRC in 1994 had taken
up the issue of safety of the Chakma community in Arunchal
Pradesh.
5. Enlarging its ambit/mandate: The Commission has also gone
beyond the physical violation of human rights to protect the
economic, social and cultural rights of people. Being assigned to
look into the extreme poverty, starvation in Kalahandi, Bolangir
and Koraput regions of Odisha etc.
4. Why NHRC is tooth less tiger
 1. NHRC can only recommend remedial measures or direct the state
concerned to pay compensation. Its recommendations are not
binding on the Government.
2. NHRC do not have any kind of contempt powers thus it cannot
penalise authorities who do not implement its recommendations in
a time bound manner.
3. The NHRC at times, has been unable to take a critical stand of the
government of the day. For example, during the Kairana exodus, it
submitted a report vindicating the government stand, without
undertaking a thorough investigation.
4. The Act does not extend to Jammu and Kashmir and hence the
commission has to keep its eyes closed to human rights violations
there.
5. The Act does not categorically empower the NHRC to act when
human rights violations through private parties take place.
6. Under the Act, human rights commissions cannot investigate an
event if the complaint was made more than one year after the
incident. Therefore, a large number of genuine grievances go
unaddressed.
7. NHRC is deluged with too many complaints. Hence, in recent
days, NHRC is finding it difficult to address the increasing
number of complaints.
8. Scarcity of resources is another big problem. Large chunks of the
budget of commissions go in office expenses, leaving
disproportionately small amounts for other crucial areas such as
research and rights awareness programmes.
9. It is often viewed as a post-retirement destinations for judges,
police officers and bureaucrats with political clout. Bureaucratic
functioning, inadequacy of funds also hamper the working of the
commission.
5. Recent amendments
1. The chairperson of the NHRC is a person who has been a chief
justice of the Supreme Court or Judge of supreme court.
2. The Act provides for three persons having knowledge of human
rights to be appointed as members of the NHRC of which one
being woman.
3. The Act provides for including the chairpersons of the NCBC, the
National Commission for the Protection of Child Rights, and the
 Chief Commissioner for Persons with Disabilities as members of
the NHRC.
4. The Act reduces the term of office to three years or till the age of
seventy years, whichever is earlier.
5. The Act removes the five-year limit for reappointment.
6. Way forward
1. The effectiveness of commissions will be greatly enhanced if their
decisions are immediately implemented by Government. This will
save considerable time and energy.
2. Governments should seriously consider the recommendations
made by NHRC as NHRC’s orders are passed by persons who had
long training and experience as judges of the supreme court and
high courts.
3. Also, a large number of human rights violations occur in areas
where there is insurgency and internal conflict. Not allowing
NHRC to independently investigate complaints against the
military and security forces only compounds the problems.
4. As non-judicial member positions are being filled by ex-
bureaucrats, credence is given to the contention that NHRC is
more an extension of the government, rather than independent
agency exercising oversight. NHRC also needs to develop an
independent cadre of staff with appropriate.
5. A lot depends on the level of funding, functional independence,
and institutional autonomy guaranteed to the HRC.
7. Umbrella Human rights commission
1. An idea is to merge all commissions into a comprehensive Human
Rights Commission with separate divisions for Scheduled Castes,
Scheduled Tribes, Women and Children. Chairpersons of the
NCM, NCSC, NCST and NCW are members of NHRC for the
discharge of various functions except inquiring into a complaint.
2. Multiplicity of commissions leads problems of overlapping
jurisdictions and even duplication of efforts. Sometimes different
commissions may even contradict each other. For example, there
was a clash between NCM and NHRC on Assam riots in 2013.
3. To prevent overlapping jurisdictions and duplication, laws are
there. For example, NHRC cannot inquire into any matter which is
pending before any other commission. But in the absence of
networking and regular interaction between different
 commissions, implementation of the law is difficult and
duplication exists especially at the preliminary stage.
4. There is a need to provide a more meaningful and continuous
mode of interaction between the various commissions both at the
national and the state levels.
5. The existence of a different dedicated commissions should enable
each one of them to look into specific complaints and areas
thereby ensuring speedy action. Merger in larger states and at the
national level is impracticable and would fail to adequately
address the special problems of different disadvantaged groups.
However, such a merger may be possible in case of some of the
smaller States.
8. While the most important contribution of NHRC has been its ability to
raise awareness through dialogue about the need for human rights
protection in the country, its role in future would be diversified towards
new emerging concerns like business and human rights, environmental
impact on human rights and LGBT rights.

Issues with statutory organisations

1. Appointment issues
1. Clear and objective criteria are not laid down for the appointments
to these commissions. Also the appointments are solely the
prerogative of the executive with nobody outside knowing on
what basis such appointments were made.
2. Frequent removal and appointment of personnel on ad-hoc basis,
gives way to temporary structure to various commissions.
3. Over time, it has been observed that most of the appointments are
politically motivated. There have also been issues like
appointments of people with serious corruption allegations against
them.
4. Activists with long track record of social work are not appointed
while active politicians are. This compromises on the autonomy.
5. Being bureaucratic in structure, with personnel chiefly drawn
from Government only have led to red tapism and delay in action
in case of violations.
2. Functioning issues
 1. These commissions can only make recommendations and usually
have no powers to enforce them.
2. There is time lag between submission of the reports and their
placement before the Parliament. The time lag in case of National
Commission for SCs and STs is as long as three years.
3. Both regional and national institutions are primarily funded by
government which make it potentially vulnerable to political
interference. In addition to this these funds are inadequate for
awareness programmes.
4. The commissions do not have independent investigating agencies
and they depend on government provided agencies which are not
suitable for the independent investigations.
5. Several commissions like National Commission for Women
(NCW), National Commission for Minorities etc., have functions,
which are overlapping with NHRC.
6. These institutions are handicapped because they receive a very
large number of complaints while their capacity to deal with them
is very limited.
3. Parliamentary apathy towards the reports
1. By getting the reports laid down in the parliament, the idea was
that during the discussion on the report, some MPs may raise the
question of non-acceptance of important recommendations. The
matter may even be picked up by the Media or civil society which
may also build up public opinion for its acceptance.
2. But the reality is that reports do not come up for discussion at all.
This is partly because by the time reports are submitted with
ATRs, they are dated and at times lose their contextual relevance.
There is need for creating a separate Parliamentary Standing
Committee for deliberating on the reports of these Commissions.

Regulatory authorities in India

1. Regulation is an effort by the state to address market failure, anti-

competitive pricing and public welfare through rule based direction of
social and individual action. The regulatory role of government stems
from the provisions of the constitution which empower the Union and
State Legislatures to make laws on various subjects.
2. Consequently, there is a plethora of laws and rules which seek to
regulate the activities of individuals and groups of individuals. Article
53(1) of the Constitution regulates the exercise of the executive powers
of the Union. Further, Article 53(3) authorises Parliament to confer by
law regulatory functions to authorities.
3. Need to prevent market failure
1. Market failure is a condition in which the market mechanism fails
to allocate resources efficiently to maximise social welfare.
Market failures occur in the provision of public goods, in case of
natural monopolies or asymmetric information, and in the
presence of externalities.
2. In case of natural monopolies, entry by other firms tend to lead to
inefficient production i.e. the average cost of output may rise than
with the existence of just one firm. In India, the transmission and
distribution of electricity is still natural monopoly.
3. Asymmetric information is a situation where one party to a
transaction knows more about the product than another. This
prevents the market mechanism from achieving an efficient
allocation of resources. In India, considerable information
asymmetries exist in the health and education sector.
4. Externalities constitute another source of market failure and are
defined as the positive or negative effects of production or
consumption activity. For example, an industrial plant discharging
waste into a river imposes a negative externality (costs) on users
downstream.
4. Need to check anti-competitive practices
1. Firms may resort to anti competitive practices such as price fixing,
market sharing or abuse of dominant or monopoly power. Laws
that empower officials to take action can help deter such practices.
5. Need to promote the public interest
1. A third set of justification arise from concerns about the
promotion of public interest which is an important policy
objective for governments. Ensuring fair access, non-
discrimination, affirmative action, or any other matter of public
importance can provide an important reason for regulation.
2. A classic case is of health and safety, where firms can fall short in
protecting employees or the general public from harm. The
Bureau of Indian Standards (BIS) created by the Bureau of Indian
 Standards Act, 1986 has been setting quality and safety standards
for various products, some of which are mandatory.
6. Independent agencies
1. Regulation by government through its own departments directly
under its control has always existed. The last century has seen the
emergence of a special category of regulatory systems known as
the Independent Statutory Regulating agencies.
2. These agencies differ from the conventional regulating system as
they are separated from the executive wing of the government and
enjoy a certain degree of autonomy.
7. Why independent agencies
1. To ensure a level playing field to all and also to safeguard the
larger public and national interest.
2. Increasing complexities and the advancement of technologies
required handling of issues by experts.
3. Public interest is best served by insulating decision making from
political interference.
4. The entry of the corporate sector, after 1991 reforms, necessitated
certain measures to boost the investor confidence and to safeguard
public interest.
5. The traditional departmental structure of government was not best
suited to play the dual role of a policy making as well as
regulating the sector concerned.
8. Various regulatory bodies in India
1. RBI: It was established in 1934 under RBI act. It is bank of issue
of various notes, banker to Government, Lender of last resort and
does various supervisory functions relating to licensing and
establishments, branch expansion, management, and liquidation.
2. SEBI: It does protective (protect the interest of investor, provide
safety of investment, check price rigging, prohibit insider trading),
developmental (Increase the business in stock exchange) and
Regulatory functions (To frame rules, regulations and a code of
conduct for the intermediaries such as merchant bankers,
underwriters).
3. IRDA: To safeguard the interest of and secure fair treatment to
insurance policy holders. It issues a certificate of registration,
renew, modify, withdraw, suspend or cancel such registration. It
specifies the code of conduct for surveyors and loss assessors.
 4. TRAI: To ensure technical compatibility and effective inter-
connection between different service providers. To lay down the
standards of quality of service to be provided to protect the
interest of the consumers. To ensure effective compliance of
universal service obligation.
9. Independence
1. One aspect of autonomy is financial independence.
2. Functional independence is often curbed by the dependence of
regulators on concerned line ministries for budgetary allocations
and sanctioning of staff appointments as well as the need for the
former to report to the latter.
3. Independence also means having fixed tenure and immunity from
removal except in the case of incompetence and moral turpitude.
But Government continuously meddles in changing tenure of
people in regulatory agencies.
4. Regulatory efficacy demands presence of functional independence
which calls for the regulator maintaining an arms length
relationship from interest groups.
10. Accountability
1. Regulators do not answer questions related to them during
different Parliament discussions. It is the minister of the
associated ministry who is answerable.
2. Scrutiny of the regulators is often ignored. In the 16th Lok Sabha,
only 2 questions pertained to regulators. The regulator’s actions
are questioned only when there is an impending crisis or a serious
debate in the country.
3. Regulators do not submit annual report to parliamentary standing
committees. Ad-hoc committees are ineffective.
4. Parliamentary supervision seems to be the ideal form of political
accountability as accountability to the line ministry can often be
associated with pressure being exerted on the regulator to favour
utilities being operated by the ministry.
11. Transparency
1. It is important to have a transparent regulatory process. For
example, stakeholders must be made aware of the regulatory
process and should be given opportunities to present their views
freely.
2. In certain cases, regulatory legislation in India has made
 provisions to guarantee a transparent regulatory process. For
example, in the electricity and telecom sectors, it has been
mandated that regulators should ensure transparency while
exercising their powers and discharging functions.
12. Overlapping domains
1. Both SEBI and IRDA were claiming regulatory right over ULIPs
thus harming consumer in process.
2. RBI and CCI (Competition commission of India) regulation tussle
over merging of banks.
13. The Second ARC’s recommendations
1. Setting up of a regulator should be preceded by a detailed review
regarding need for it. It is necessary to have a regulations to
regulate only where necessary.
2. In addition to the statutory framework each Ministry should
evolve a Management Statement outlining the objectives and roles
of each regulator.
3. There is need for transparency, fairness in the terms of
appointment, tenure and removal of various regulatory authorities.
There must be sufficient safeguards against arbitrary removal.
4. Parliamentary oversight of regulators should be ensured through
the respective Departmentally Related Standing Parliamentary
committees (DRSC).
5. There should be periodic evaluation of the independent regulators.
The annual reports of the regulators should include a report on
their performance in the context of these principles.
6. Involving citizens groups, professional organisations in the
regulation activities.
14. FSLRC recommendations
1. FSLRC recommends financial independence through independent
sourcing of finances from sources such as fees.
2. FSLRC recommends precise regulatory objectives, reporting to
Parliament on how they fared on pursuing their regulatory
objectives, etc.
3. It also recommends merging of Regulators like, for example,
IRDA and PFRDA.
4. It also recommends establishing a comprehensive and enforceable
code of conduct.
SEBI
1. 1991 was a great year for SEBI. It was in this year that the government
announced the decision to give statutory powers to the Securities and
Exchange Board of India to regulate India’s capital markets. SEBI, which was
established in 1988, got statutory backing in 1992 through the SEBI Act,
1992.
2. Problems
1. The successful cases of grievance redressal by SEBI have been risen
rapidly. However, a survey shows that most of the investors find the redressal
ineffective.
2. SEBI is not able to do much about ‘fly by night’ or ‘sign-board’ companies
who vanish after collecting huge money.
3. It’s liberal use of interim orders, without hearing the affected party, is
always criticised. It turns out that in many such cases, the regulator takes its
time to issue the final order.
4. Also, the rules are often harsh, involving debarment from securities
markets and, at times, freezing of bank accounts.
5. SEBI has been too busy in framing rules and regulation give rise to too
complex and cumbersome framework leaving scope of discretionary
interpretation.
6. It failed to punish those who caused the abnormal fluctuations in the
market. Due to this, small investors are loosing the confidence in investing.
The autonomy of SEBI has been compromised as it, more or less, functions as
a branch of Union Finance Ministry.
3. Whats needs to be done
1. The government should revisit the unbridled powers it has given the
regulator, and create some checks and balances. For instance, if an
investigation is taking longer than three months, the regulator must be
required to obtain court approval for continued attachment of properties.
2. The executive should provide guidelines on how long SEBI can take with
its investigations, before passing its orders. The lack of accountability on this
front and the fact that there is no concept of performance appraisal for SEBI
members, have led to the many problems.
3. SEBI is need of a performance audit by a peer. For instance, every three
years, independent organisations perform a peer review of the US
Government Accountability Office (GAO), to determine whether it is suitably
designed and operating effectively. Likewise, a suitable overseas organisation
can help with a thorough review of SEBI’s practices.
4. Finally, as recommended by the Financial Sector Legislative Reforms
Commission (FSLRC), SEBI must publish a performance report, which
incorporates global best practice systems of measuring the efficiency of the
regulatory system.
5. Besides, as recommended by the FSLRC, a review committee, comprising
the non-executive members of the regulator’s board, should be formed. This
committee is to provide oversight of compliance of the regulator with
governing laws and ensure greater transparency in the functioning of the
board of the regulator.
4. SEBI can embrace the above said reforms without waiting for the Indian
Financial Code to be passed. It will go a long way in changing the perception
of SEBI, which is getting eroded with every scathing SAT order. It is high
time steps are taken to bring checks and balances on the regulator.

Umbrella regulator
1. Idea of a umbrella regulator has been mooted for long by Mistry committee
to financial sector reform committee under Raghuram Rajan in 2007 to
FSLRC in 2013 all recommending single regulator from security trading to
commodity trading. FSLRC recommended merger of SEBI, FMC, IRDA and
PFRDA. The process of merging FMC with SEBI has already started.
2. Merits
1. Fragmented supervision may raise concerns about the ability to come up
with an overall risk assessment of the institution which should be seamless
and free of gaps.
2. Unification improves accountability of regulation. Under a system of
multiple regulatory agencies, it may be more difficult to hold regulators to
account for their performance against their statutory objectives.
3. As the lines of demarcation between products and institutions have blurred,
different regulators could set different regulations for the same activity for
different players. Unified supervision could thus help achieve competitive
neutrality.
4. The unified approach allows for the development of regulatory
arrangements that are more flexible. The problems of turf wars or where
respective enabling statutes leave doubts about their jurisdiction can be more
easily limited and controlled in a unified organization. Ex: NSEL crisis.
5. Unified supervision could generate economies of scale as a larger
organisation permits finer specialisation of labour and a more intensive
utilization of inputs and unification which saves cost.
6. Unification may also permit the acquisition of information technologies,
which become cost effective only beyond a certain scale of operations and can
avoid duplication of research and information-gathering efforts.
3. Demerits
1. Given the diversity of objectives ranging from guarding against systemic
risk to protecting the individual consumer from fraud we may need different
agencies for better focus.
2. A particular concern about a monopoly regulator is that its functions could
be more rigid and bureaucratic than these separate specialised agencies.
3. The cultures, focus and skills of the various supervisors vary markedly. For
example, it has been argued that the sources of risks at banks are on the asset
side, while most of the risks at insurance companies are on the liability side.
Single regulator cannot take all these into consideration.
4. Many developed countries like USA still have different regulators.

Quasi judicial bodies

1. A quasi judicial body is an organization on which powers resembling a
court of law have been conferred. Such a body can adjudicate and decide
upon a situation and impose penalty upon the guilty. But these are not courts.
They deal basically with disputes with the administration. Their jurisdiction is
specified unlike courts. For example, Consumer disputes redressal
commission deals only with those disputes in which a consumer feels cheated
by a service/product provider.
2. A presence of person from administrative rather than purely judicial
background make a body quasi-judicial. As the body is looking into legal
matter, procedure of court is followed.
3. Need
1. As the welfare state has grown up in size and functions, more and more
litigations are pending in the judiciary, making it over-burdened. It requires
having an alternative justice system.
2. Ordinary judiciary has become dilatory and costly.
3. With scientific and economic development, laws have become more
complex, demanding more technical knowledge about various specific
sectors.
4. The conventional judiciary is suffering from procedural rigidity, which
delays the justice.
5. Further, a bulk of decisions, which affect a private individual come not
from courts, but from administrative agencies exercising adjudicatory powers.
4. Shortcomings
1. A person can again appeal in the court against the decision of the Quasi
Judicial body. This fades away the advantage of cost and time provided by the
Quasi Judicial body.
2. Their recommendations are mostly advisory in nature like NHRC and CIC.
They can’t even award compensation or relief to the victims directly, but can
only recommend it.
3. Many Quasi Judicial bodies are suffering with lack of strength. So proper
and quick investigation is not being done.
4. These are not as independent as the judiciary. Frequent interference from
the executive is evident.
5. Quasi-judicial vs administrative
1. Acts which are required to be done on the subjective satisfaction of the
administrative authority, are called administrative acts, while acts, which are
required to be done on objective satisfaction of the administrative authority,
can be termed as quasi-judicial acts.
2. Administrative decisions, which are founded on pre-determined standards,
are called objective decisions whereas decisions which involve a choice, as
there is no fixed standard to be applied are so called subjective decisions.
3. The former is quasi-judicial decision, while the latter is administrative
decision. In case of administrative decision there is no legal obligation, upon
the person charged with the duty of reaching the decision, to consider and
weigh submissions and arguments or to collate any evidence.
4. The grounds upon which he acts, and the means which he takes to inform
himself before acting are left entirely to his discretion.
8. NGOs, SHGs and pressure groups
Voluntary organisations
1. How are VOs classified
1. They are private, i.e., separate from Government.
2. They do not return the profits generated to their owners or directors.
3. They are self-governing, i.e., not controlled by the Government.
4. They are registered organisations or informal groups, with defined aims
and objectives.
2. Benefits of community participation
1. The participatory process ensures congruence between objectives and
community values and preferences. By rationalising manpower resources
utilization, the process reduces project cost.
2. Any change brought about through development is more acceptable to the
community if the local people are involved, also, mistakes are more tolerable
if these are made by people who have to live with them.
3. Monitoring is better and sustainability of the project is more likely even
after the withdrawal of the external agent, be it government or NGO agency.
4. The community learns from its own involvement and from this point of
view, participation is a two way learning process in which the administrator
and the people become co-learners.
5. Active community participation helps rebuild community cohesion and
installs a sense of dignity into the community. People gain in confidence and
steadily emerge as real actors in the development process.
3. Critics of community participation
1. Participation has popularity without clarity and is subject to growing craze
and a lot of lip service.
2. Serious analysis of local community life reveals differentiation in terms of
status, income and power. Community mobilisation cannot correct the basic
social imbalances that have their roots in deeper socio-economic layers of the
society.
3. Conflicts and rivalries are not uncommon even among the poor and under
privileged. So, the romantic vision of frictionless, harmonious community life
does not match ground realities.
4. External intervention by social workers or political activists has been found
necessary almost everywhere to organise the local community and mobilise
the local people.
5. It has not brought radical changes in the life of poor and the
underprivileged through autonomous local action only.
4. Profiling NGOs
1. It can be noted that a great majority of the NGOs are small and about three-
fourths of all NGOs are run entirely by volunteers. About 13 percent of the
NGOs have between 2 to 5 employees.
2. They also enjoy income tax exemption. Foreign contributions to NGOs are
governed by Foreign contribution regulation act (FCRA), 1976.
5. Advantages of NGOs
1. Non-state actors and institutions keep a watch on the state, protest against
its injustices.
2. NGOs supplement the efforts of the state in developmental activities. Ex:
Poverty reduction, etc.
6. Key governance challenges facing NGOs
1. Some are big and some are very small thus leading to asymmetry of power.
2. Some of the dubious elements have quietly got into the system and in the
name of opening such agencies, they have siphoned funds from the
exchequer.
3. Only about 10 percent of the over 22 lakh NGOs file their annual income
and expenditure statements, revealed by CBI.
4. IB report stated that the working of few NGOs in the name of protests
against the government activities have become detrimental to the nation
development. It led to loss of 2-3% of country’s GDP.
5. It is estimated that only about 1.5 percent of NGOs actually undertake
developmental work.
6. Some NGOs are involved in political activism with foreign funds. A large
proportion of NGOs have actively taken part in political campaigns, including
working as proxies for certain political parties.
7. Claiming involvement in human rights initiatives or social empowerment,
these organisations are allegedly fronts for foreign supported extremist and
secessionist groups.
8. A large part of these funds is also being used for religious conversions,
which is forbidden under the FCRA.
7. Suggestions
1. All States must have adequate regulatory mechanisms to keep track of the
money issued to the NGOs. Establish a national regulatory agency to oversee
the working of NGOs.
2. Government should motivate NGOs to voluntary adopt the ‘National Policy
on Voluntary Sector (2007)’ for better regulation of sector.
3. Instead of blocking the foreign funds it is necessary for government to
ensure further transparency in categorising the NGOs based on their funds
sources.
4. There is need to bolster public confidence in the voluntary sector by
opening it up to greater public scrutiny. Making online disclosure of annual
reports mandatory.
5. Strengthening of institutional mechanisms to verify annual reports and
budgets. Encourage social audits to facilitate scrutiny by the beneficiaries
themselves.
6. Public donation is an important source of funds for the NGO sector and one
that can and must increase substantially. Tax incentives play a positive role in
this process. At the same time, Government must ensure that these incentives
are not misused by paper charities for private financial gain.
7. The Government should encourage all relevant Central and State
Government agencies to introduce training modules on constructive relations
with the voluntary sector. These could cover registration, income tax
clearances, financial assistance, etc.
8. There must be a formal system for registering complaints and for
redressing grievances of NGOs.
9. Selective handling of those agencies which are creating engineered dissent.
10. Bring all NGOs through which government programmes are being
outsourced and implemented, directly under the purview of the RTI Act.
8. Relationship between the Indian state and NGO
1. In India state policies have significantly influenced the formation of NGOs
and their activities. Government provides financial assistance to NGOs to
support implementation of social development projects.
2. Ninth five-year plan proposed that NGOs should play a role in
development on the PPP model. The agricultural development policies of the
government and its implementation mechanisms provided scope and space for
NGOs. A case in point is the watershed development program, which has led
to the growth of NGOs working for rural development.
3. A Civil Society Window was started in 2004, in the hope that it would
enable people to engage with the Planning Commission and offer the benefit
of their field experiences.
4. During the 11th Five Year Plan process a regional consultation was
organised to get civil society feedback.
5. Government has brought a national policy on voluntary sector to
strengthen, promote and develop such institutions.
6. Successes: Operation flood, which was a collaboration between National
Dairy Development Board (NDDB) and Amul was a resounding success.
SHGs have been at the forefront of facilitating institutional credit to rural poor
along with NABARD.
7. Failures: Acharya Vinoba Bhave’s Bhoodan and JPN’s Gramdan
movement was not backed up by effective land reform legislations. Various
CSI oriented provisions such as RTI, citizens charter, social audit etc., are
afflicted by problems of corruption, bureaucratic red-tapism etc.
8. The partnership is yet to achieve its full potential due to issues like political
patronage, lack of workers, red tapism, suspicious vested interests, demands
for bringing political party under RTI.
9. National Policy on the Voluntary Sector, 2007
1. It aims to strengthen, promote and develop Voluntary sector. VOs include
community based organisations (CBOs), NGOs, charitable organisations,
support organisations and professional associations.
2. To identify methods by which Government may work together with VOs,
on the basis of the principles of mutual trust and respect, and with shared
responsibility.
3. It recognises the importance of independence of voluntary organisations,
which allows them to explore alternative models of development.
4. To enable VOs to mobilise financial resources from India and abroad.
5. To encourage VOs to adopt transparent and accountable systems of
governance and management.
6. It highlights the need for Government to encourage all central and state
Government agencies to introduce pre-service and in-service training modules
on constructive relations with voluntary organisations.
10. Various measures to enhance relationship
1. The 2nd ARC had recommended setting up a National Accreditation
Council to devise an accreditation system for voluntary organisations
obtaining funds from government.
2. Encouraging the extension of SHG movement to urban and peri-urban
areas.
3. Government should give airtime, ad-spaces for NGOs, more tax incentives,
funds for training of frontline workers. Also, FCRA can be moved to under
Finance Ministry and Government can make a provision for including the
leading NGOs in bodies like NHRC, Committees, etc.
4. To improve women group’s financing, the operations and capital of the
Rashtriya Mahila Kosh should be enhanced.
5. Encouraging CSI participation in self regulatory authorities such as UGC,
BCI, MCI etc.
11. How NGOs are better than state agencies
1. State agencies are often too large and spread widely to solve problems and
satisfy needs of the local community at the grassroots level. This gap is often
filled by non-state actors such as NGOs, Civil society organisations and
SHGs.
2. Due to their non-state nature, they are capable of experimenting freely with
innovative approaches. They are generally not bound by strict procedures.
3. Moreover, they are very specialised in nature, such as some Bachpan
Bachao Andolan (rescuing children from labour), Akshay Patra (providing
nutritional food), Goonj (channelling donations), etc.
4. Some NGOs also have dedicated personnel who voluntarily join the
organisation. So, commitment and dedication would be more from their side
than from Government officers.
5. NGOs also have access to philanthropic donations from rich persons which
are not that easily available to State agencies.
6. Even Government directs its agencies to involve NGOs in the
implementation of projects. For instance, state governments partner with
Akshaya Patra Foundation to implement the Mid-Day meal Programme.

Civil society and Good governance

SHG

1. SHGs are informal associations of people who choose to come together

to find ways to improve their living conditions. They help to build
social capital among the poor, especially women.
2. Benefits of SHG
1. Women became more vocal and assertive on social and family
issues. It also enhances their self esteem.
2. The SHG programme has contributed to a reduced dependency on
informal money lenders. SHGs also improve relations of debtors
with credit delivery institutions. To encourage habit of saving
among members and facilitate the accumulation of their own
capital resource base.
3. It promotes the concept of group accountability ensuring that the
loans are paid back. The SHGs enables the members to learn,
cooperate and work in a group environment.
4. SHGs supports people in rural areas in setting up micro
enterprises. Ex: Personalised business ventures like tailoring,
grocery, and tool repair shops.
5. SHGs create a team of local resource persons. Because NGOs
support often consists of training people on how to manage bank
accounts, how to assess small business potential of the local
markets and how to upgrade their skills.
 6. The financial inclusion attained through SHGs has led to reduced
child mortality, improved maternal health and the ability of the
poor to combat disease through better nutrition, housing and
health and especially among women and children.
3. Weakness
1. Majority of the group are unaware of the schemes of assistance
offered to them.
2. Contrary to the vision for SHG development, members of a group
do not come necessarily from the poorest families.
3. Strong members try to earn a lion’s share of the profit of the
group, by exploiting the ignorance and illiterate members.
4. Most of the activities undertaken by the SHGs are still based on
primitive skills related mostly to primary sector enterprises. There
are lack of qualified resource personnel in the rural areas who
could help in skill upgradation of new skills by group members.
5. The SHG model has led to definite social empowerment of the
poor but the economic gains are not adequate to bring a qualitative
change in their life.
6. Non-cooperative attitude of the financial institutions.
4. Suggestions
1. All the members in the SHGs may not have same expertise. So,
NGOs can identify the inefficient members of the group and can
impart proper training to them.
2. Frequent awareness camps can be organised by the Rural
Development department authorities to create awareness about
different schemes.
3. Financial assistance to the SHGs should be strictly on the basis of
their actual performance without any discrimination on the basis
of caste, religion or political affiliations.
4. There is need for transparency in the functioning of SHGs.

Budget 2019-20
SHG vs PRI

1. PRIs and SHGs have overlapping aims from poverty alleviation to

enhancing participative democracy. The two institutions sometimes
compete with each other for space in development administration and
political processes. SHGs are then seen as undermining the
constitutional roles of PRIs.
2. Friction
1. SHGs are becoming a conduit for routing number of development
schemes.
2. Alignment of interests of MFIs, NGOs, corporations and donors
with that of SHGs. They have been increasingly involved with
SHGs rather than PRIs in capacity building.
3. Some states have mandated inclusion of SHG members in various
 committees of the PRI.
4. Political prejudice due to social compositions of PRIs and SHGs
has weakened the relationship.
3. However, there are number of successful examples where SHGs and
PRIs working in tandem have effected a positive change in the rural
society. The Indira Kranti Patham Yojana by Society for Elimination of
Rural Poverty (SERP) in Andhra Pradesh is very active in improving
the livelihoods of rural poor families.
4. Some SHGs work under the Panchayat system for distribution of
pensions, wage labour under MGNREGA, etc. Kudumbashree, a
women based participatory poverty eradication programme, is an SHG
movement into which there has been integration of Panchayat tiers.
5. The nature and mandate of both these institutions requires that they
operate in coordination to utilise resource efficiently and produce better
outcomes. A linkage with the SHGs will enhance responsiveness,
accountability and transparency in PRIs.
6. While at the Gram Panchayat level SHGs could be implementing,
monitoring and evaluating agencies, at the Block and District levels,
they can act as a pressure group, provide feedback and act as
watchdogs. However, it is imperative that the capability and capacity of
the SHGs and the PRIs be strengthened for a symbiotic relation.

Donors and Charities

1. India has had strong philanthropic momentum in the recent past. While
the government continues to be the largest contributor to social sector
funding in India, hovering at about 6% of GDP, private philanthropy is
expanding and has outpaced public funding growth.
2. Donors can be individuals and organisations that give away funds and
expertise for development. They can be international i.e. like the British
DFID and Indian aid in Africa, Agencies like ADB and World Bank,
philanthropists like Bill and Melinda Gates through their foundation
and corporates like the Times Foundation.
3. Significance of Philanthropy
1. Donation is untied contribution towards development. The donor
expects no benefits in return.
2. Philanthropists can partner with the government or itself enter into
 a contract with a service provider (NGO) to commission certain
social outcomes. Ex: Bill & Melinda Gates funding of sanitation
start-ups.
3. Impact investing with the intention to generate social or
environmental impact. healthcare, education, livelihoods, clean
energy, water etc. for the last two decades. Ex: Reliance industries
and Azim Premji foundation.
4. There are small donors contributing to social justice campaigns
such as the India Against Corruption campaign, campaigns against
tribal atrocities etc.
5. It helps in augmenting resources in addition to the government
allocations.
6. It helps in shaping public infrastructure, bridging the gaps in the
state’s delivery system and modelling innovative solutions for the
state to scale.
4. Factors holding back philanthropy
1. Excessive form of state control: Many of the legislations went
for widespread governmental controls. The legal measures include
power of enquiry and investigation, cancellation of registration
and consequent dissolution, modify a decision of the governing
body and even its supersession and appointment of administrator.
2. Multiplicity of laws and jurisdictions: Diversity of laws across
the states has given rise to emergence of non-uniform practises. If
an institution registered in one state desires to expand its activities
to any other area, it needs to comply with a different set of legal
requirements.
3. Lack of confidence in NGO’s: There is a shortage of NGOs that
are efficient and credible. Trust deficit exists in relation with
corporate philanthropists as well.
4. Attitudes of wealthy people: Many believe that their CSR
investment is sufficient and there is no further need of
philanthropy.
5. Lack of philanthropy infrastructure: There is no proper
infrastructure/mechanism where donors are put in touch with
credible NGOs. Further, there is also lack of trust between
wealthy people and social activists.
6. Human resources: There is a lack of talented people to staff
foundations. There isn’t an adequate pipeline of talent to help
 drive the foundations and charitable institutions.
7. Regulatory issues: Government crackdown on foreign donors
and international NGOs supporting/working on sensitive social
issues.
8. Lack of tax incentives: The wealthy have no particular incentive
to give unlike in the US, where government taxes money if they
do not contribute to philanthropy initiatives.
9. Charities may sometimes used for political and commercial self
interests. The Gates foundation has been accused of furthering the
agenda of pushing Microsoft in developing nations. It may even
be used as a front for money laundering. So scrutiny of donations,
particularly foreign, is necessary.
5. Charities in India have been successful in bringing reforms in wide
ranging sectors. It is necessary that they become more accountable and
government provide them right environment to carry their activities.

Pressure groups

1. Interest group is an organisation of people who share a common

interests and work together to promote their interest by influencing the
government. The pressure groups includes churches and charities,
businesses and trade and professional associations, think tanks, etc.
Interest groups vary greatly in size, aims and tactics.
2. Major types
1. Economic association, such as chambers of commerce, trade
unions.
2. Professional association, such as that of architects, doctors,
lawyers.
3. Public interest group (PIG), such as friends of environment who
aim to benefit people beyond their membership.
4. Special interest group (SIG), a subgroups formed within the
framework of a main group to focus on a very narrow area of
interest.
3. Reasons for formation of pressure group
1. The rise in benefits provided for by the welfare state is leading
interest groups to form to protect and extend those rights to their
group members.
 2. Increased leisure time, both in terms of the shorter working week
and more early retirement, has increased the number of people
with time to devote to such activities.
3. Higher educational standards have increased the numbers of
people with the organisational skills to contribute to pressure
groups.
4. Changes in gender roles have removed many of the barriers to
participation by women in pressure group activity.
5. Membership of political parties has declined. It has been argued
that this reflects the failure of the political parties adequately to
reflect the needs of different groups of people in society, and that
cause groups offer a more promising route for bringing about
political change.
6. Globalisation has strengthened pressure groups in a number of
ways. In particular, there is general agreement that business
groups have become more powerful in a global age. This is
because they are able more easily to relocate production and
investment, so exerting greater leverage on national governments.
4. Key features
1. They exert influence from outside, rather than to win or exercise
government power.
2. Pressure groups do not make policy decisions, but rather try to
influence those who do.
3. They typically have a narrow issue focus. In some cases, they may
focus on a single issue (For instance opposing a planned steel
plant development).
4. Members are united by a shared belief in a particular cause.
People with different ideological and party preferences may thus
work happily together as members of the same pressure group.
5. They try to follow modern means of exerting pressure, without
fully giving up the traditional or old ways of operation. They
adopt techniques like financing of political parties, keeping the
bureaucracy satisfied, etc. Their traditional means include
exploitation of caste, creed and religious feelings to promote their
interests.
5. Role/function of pressure group
1. Representation: Pressure groups provide a mouthpiece for
groups and interests that are not adequately represented through
 the electoral process or by political parties.
2. Political participation: Pressure groups have become an
increasingly important agent of political participation. Of UK
citizens, 40-50 per cent belong to at least one voluntary
association. Interest groups may attempt to influence elections in
order to get people who support their issues elected. Techniques
include giving money to candidates, endorsing candidates, etc.,
are performed.
3. Lobbying government: It include contacting members of
parliament, ministers and bureaucrats to disseminate information
about the positive or adverse effects of proposed legislation. Ex:
FICCI lobby Government to bring tax reforms which suit
industry.
4. Educating public: Interest groups work hard to educate the
public at large, government officials, their own members, and
potential interest group members. They use sources like
communication medium which include TV advertisements,
sponsored news paper articles, social media, etc.
5. Mobilising public: The interest groups not only create public
opinion but sometimes draw the general masses into agitational
and protest politics. If they want to set an industry in a particular
area, they create the necessary climate and make the people of the
area demand for the industry.
6. Policy formulation and implementation: In particular, pressure
groups are a vital source of information and advice to
governments. Many groups are therefore regularly consulted in
the process of policy formulation, with government policy
increasingly being developed through policy networks. An
example of such group is Observor Research Foundation, which
works on policy issues primarily related to Foreign affairs.
6. Role in policy making
1. Before independence, business groups presented Bombay plan as
model of development for free India. Now also they can help in
designing models like renewable energy policy in recent time.
2. They can accumulate pressure on Government by placing their
demands and expressing their concerns on lack of business
opportunities. Ex: Before budget, they started to write articles
about rationalising inverted duty, removing tax on ESOP, which
 was eventually followed in budget.
3. Give scathing criticisms against Government and opposition for
lacunae in promoting business environment. Ex: FICCI, CII came
in open support of GST and criticised opposition for their
adversarial politics.
4. They present data and research work. For example, NASSCOM
has been in active support for growth of Startups in India which
later led to launching of Startup India mission.
5. In bilateral relations between nations like India-USA or in
international events like in Davos, these groups work with
government to attract business and investment for India.
6. They are running engine of economies and their concerns are
bound to be taken seriously for continuous growth of nation. Ex:
ATUFS launched recently is another example of ongoing pressure
from such groups.
7. Positives
1. Pressure groups have become an increasingly important agent of
political participation. They seek to exert influence by mobilising
popular support through activities such as petitions, marches,
demonstrations and other forms of political protest.
2. They keep governments more responsive to the wishes of the
community, especially in between elections.
3. Pressure groups are able to express the views of minority groups
in the community who might not otherwise receive a hearing.
4. Pressure groups compile data and provide specific information to
policy makers, thus they work as an informal source of
information which is separate from that coming from the public
service. Many groups are therefore regularly consulted in the
process of policy formulation.
5. The role of some pressure groups extends beyond trying to shape
the content of public policy to playing a role in putting policy into
practice. Not only do such links further blur the distinction
between groups and government, but they also give the groups in
question clear leverage when it comes to influencing the content
of policy.
8. Negatives
1. Pressure groups in India tries to influence the government mainly
through various unconstitutional method as strikes, agitation,
 demonstration, lockouts etc.
2. Pressure groups at times gets influenced by their sectional and
local interest more as compared to their common interest as seen
in Jallikattu ban case in Chennai.
3. At times they hinder development. In case of protests against
Kudankulam nuclear power project, people were mobilised on
propaganda of safety issues.
4. Pressure groups may represent a powerful minority force in
society and exert political influence to the detriment of the
majority of society. Ex: Anti-tobacco lobby.
5. Some Pressure Groups could be accused of holding the country to
ransom. Many NGOs have been accused of misappropriation of
funds.
9. Limitations
1. In India, organised groups largely influence the administrative
process rather than the formulation of policy. This is dangerous as
a gap is created between policy formulation and implementation.
2. Furthermore, these groups vary in their possession of resources
needed to give them influence. Consequently, the playing field of
these competing groups is far from equal.
3. Many of the groups have a very short life because of the lack of
resources.
4. In a country like India the tendency to politicise every issue,
whether it has social, economic, cultural import, restricts the
scope, working and effectiveness of pressure groups.
5. Instead of the pressure groups exerting influence on political
process, they become tools and implements to serve political
interest.
6. Regardless of which groups are most powerful, pressure group
influence is exerted in a way that is not subject to scrutiny and
public accountability. Pressure groups usually exert influence
behind closed doors.
7. The leadership of these groups tends to lack democratic
organisation. Therefore, they may not actually present a true of
picture of public opinion, but instead may demonstrate the desires
of the leader who articulate the groups policy interests to
government.
8. Most pressure groups except business groups and big community
 groups do not have autonomous existence. They are unstable and
lack commitment, their loyalties shift with political situations
which threatens general welfare.
10. Political party and Pressure group
1. There are several reasons why political parties are often confused
with the pressure groups. Firstly, many small political parties
resemble pressure groups in that they have a narrow issue focus.
For example, the British National Party (BNP) is primarily
concerned with issues of race and immigration.
2. Secondly, some pressure groups use elections as a tactical weapon
as a means of gaining publicity and attracting media attention,
with little expectation of winning the election, still less of winning
government power.
3. The relationship between the pressure groups and political parties
is also an interesting one. A pressure group with a close
relationship to a political party may work to its advantage. But this
can be harmful at times especially when the opposing party comes
to power, the pressure group’s influence is bound to decrease on
policy.
4. While some pressure groups are linked to particular political
parties, there are many which have no linkage to any political
party.
11. Pressure group vs Political party
1. Pressure groups and political parties greatly resemble each other.
Both of them are channels through which public can communicate
with the government. Prima facie, both of them carry out
representation, facilitate political participation and contribute to
the policy process. However, in reality, groups and parties are very
different from each other.
2. Pressure groups work for their own interests while Political parties
work for national interests.
3. Political parties can combine heterogeneous interest to secure
majority in the election. While, pressure groups has people with
homogenous interests.
4. Pressure groups may be ad-hoc or permanent depending on their
objectives and goals. Political parties are permanent and are
recognised by Election commission.
5. Political parties contest elections while pressure group just
 influences the political party in the power. While pressure groups
influence public policy, political parties create public policies.
6. Political parties follow constitutional methods while pressure
groups may resort to legal methods like lobbying and illegal
methods such as strikes.
12. Directive principles and pressure groups
1. Art 38 mentions about a just socio-economic order. This is where
various trade unions such as CITU, AITUC affiliated to various
political parties influence policies like minimum wage (Art. 43),
workers participation in management (Art. 43A) etc.
2. Organisations such as legal aid, NALSA group offer free legal aid
to poor thus fulfilling objectives of article 39A.
3. Environment protection groups like Narmada bachao andolan
(NBA), green peace, blue cross etc., fulfill the objective of a
Article 48A.
4. IDSA help in track II diplomacy in ensuring a peaceful and
cooperative international order (Art 51).
5. Fair trade organization (FTO) help in promotion of cottage
industries (ART 43).
6. Organisations like SEWA, Mahila sashaktikaran andolan, etc have
helped formulate various legislations like new maternity benefit,
criminal law amendment, IPC 498A (domestic violence).
Similarly bachpan bachao andolan (BBA) have made changes in
national child policy, new labour reforms, POSCO etc fulfilling
objectives of Article 46.
7. Organizations like Akshaya patra ensure nutrition via mid day
meal scheme, fight substance abuse etc (Art 47).
8. Organizations like Bhartiya kisan sangh, RKSS, shetkari
sangathan, help in fighting for farmers rights and also in
technology dissemination to fulfill objective of scientific farming
and animal husbandry (Art 48).
9. Organisations like National federation for women (NFIW) have
stood against regressive personal laws like triple talaq, polygamy
to ensure uniformity in personal laws in order to enforce a
uniform civil code (UCC) which bore fruit when SC ruled triple
talaq as unconstitutional (Article 44).
10. However the negative influence of pressure groups can be felt
when some vigilante groups like Gau Rakshan samitis become
 anonymous empires to prevent cow slaughter as seen in recent
lynching cases (Art 48), try to influence policy for narrow gains
help in concentration of wealth (FICCI, CII) etc.
13. Indian vs Western pressure groups
1. American pressure groups are regarded as the fourth organ of the
government but the Indian pressure groups are not yet able to play
such significant role in politics.
2. In India, the cabinet and civil service are the main targets of
pressure groups for lobbying purposes rather than the Parliament.
However, the targets of American pressure groups are the
Congress and its committees rather than the President for lobbying
purposes.
3. In India pressure groups based on caste, religion, region, etc., are
more powerful than the modern groups like business
organisations.
4. A significant feature of American pressure groups is that in the
USA pressure groups take interest in foreign policy issues while in
India pressure groups do not seem to have interest in foreign
policy matters. Comparatively, the Indian pressure groups are
concerned more with domestic policy issues and problems, and
less with foreign policy matters.
14. In a democracy wants people to express their views and interests.
Pressure groups a provide means to this.

Caste based Pressure groups

1. Examples
1. Harijan Sevak Sangh.
2. Creation of caste based development corporations. Ex: NSCFDC.
3. Political empowerment: Marwari Association in Rajasthan.
4. Increasing self-identity: Celebration of Bhima-Koregaon battle.
5. Political parties: BSP.
2. Negative fallouts
9. Social justice, Welfare schemes, Social sector, Poverty
Key pointers

1. India's development trajectory is critically intertwined with the

investments in social infrastructure. Scaling up development
programmes for improving connectivity, providing housing, and
bridging gender gaps in socio-economic indicators is of paramount
importance for sustainable development. India's march towards
achieving SDGs is firmly anchored in investing in human capital and
inclusive growth.

Vulnerabilities

1. Vulnerable groups are those groups of people who may find it difficult
to lead a comfortable life, and lack developmental opportunities. They
are not resilient and their stability can be disturbed even by slight
disturbance. In the Indian context, old age, disability, caste, class,
religious and sexual minorities, gender, etc., contribute to vulnerability.
2. Why some sections are vulnerable
1. Poor or no physical capacity to mange own affairs like old age
people and different able people.
2. Security concern as single women or destitute section is not secure
from economic and social point of view.
3. Poor inclusion in government offered welfare programme and
under social security net because of illiteracy and other factors.
4. Vulnerability is further enhanced if societal support is absent.
Tribals and scheduled castes are more vulnerable due to less
accommodative behaviour the society. Women are vulnerable to
patriarchy.
5. Pregnant and lactating women, children, old aged are more
vulnerable to diseases and health hazard. Vulnerability of
differently abled people is further enhanced by lack of enabling
infrastructure.
6. People become more vulnerable in absence of technology like
earthquake resilient buildings, early warning systems etc. Nations
are vulnerable due to lack of technology for water resource
management, tackling cybercrime etc.
 7. Unskilled labours are vulnerable to getting unemployed when
market becomes sluggish.
8. Vulnerability to depression, suicide, divorce, ragging etc., are due
to less emotional intelligence among people.
3. Best ways to address
1. Demand driven approaches, such as many social funds and other
community driven development projects (CDD) as a strategy for
delivering basic services down to the local level.
2. Additional investment should be provided for developing,
evaluating, and supporting effective education and health care
delivery models designed to meet the specific needs of vulnerable
populations.
3. Right to education, clean drinking water, health, livelihood etc.,
should be provided.
4. Special attention to situations of disaster and humanitarian crisis.
5. Raise awareness of the rights and needs of vulnerable persons in
the development agenda and related efforts.
6. Progressively remove barriers to and promote the realisation of
accessibility and equality as part of the general system of society.
Inclusive growth and sustainable development should be focussed.
4. Challenges
1. Better implementation of legal provisions is important like child
rights are still not assure in spite acts like POSCO or RTE.
2. Civil society is playing quality role at grass root level but they
need financial support and recognition to continue the work.
3. Panchayat and Municipality need to be accountable for welfare of
vulnerable section of society at cutting edge level.
4. Social security net need to be target oriented, inclusive and easy to
access.
5. Need rehabilitation policy for vulnerable section like manual
scavengers and women and child trapped in trafficking.

MGNREGA

1. The MGNREGA guarantees right to work for at least a person in the

family for 100 days every year, 150 days in case of SC/ST, during non-
agricultural seasons. Employment would be provided within 15 days of
 enrolment, failing which the government would contribute
unemployment allowance for the work seeker.
2. Positive impact on rural economy
1. MGNREGA has increased rural wages and thus has improved
livelihood opportunities. Increases disposable income to a certain
extent with the poor as the schemes focus is on unskilled works.
2. As agriculture sector in India is suffering with disguised
unemployment, it provides opportunities for rural poor to take up
other alternative works and makes the agriculture remunerative for
the existing farmers. It also contributes for reduction in the rural to
urban migration.
3. As MGNREGA works primarily target on infrastructure
development works like digging irrigation channels, tanks etc., in
the rural areas, it builds base for further progress of rural areas. It
also helps in increasing the irrigated area under cultivation from
the low 55% at present ratios.
4. Builds a theme of equal wages in the society and causes for
empowerment of women and other backward sections.
3. Negative impact
1. Some critics argue that this scheme has increased labour costs and
deficiency of agricultural labour in rural areas and burdens the big
farmers due to increased input costs. But it not true completely as
works under MGNREGA would be provided in non-agricultural
season.
2. Based on CAG report, only 20 percent of total funds allocated
under the scheme has been released for Bihar, Maharashtra and
Uttar Pradesh where almost 46 percent of India’s rural poor reside.
3. CAG also found rampant corruption and swindling of public
funds.
4. Some criticise that the infrastructure build under this scheme is
not qualitative and does not suit for betterment of the rural areas.
5. There is large scale delay in payments of wages.
4. Way forward
1. In order to create the productive assets, the scheme should be
converged with related programmes in the department of
agriculture, irrigation, animal husbandry and road transport.
2. To fight corruption, the use of IT and community based
 accountability mechanisms like social audits should be
encouraged.
3. The act should be linked with the Socio-Economic Caste Census
(SECC) to ensure better targeting.
4. There should be focus to develop a cadre of identified trainers
which will be useful in effective implementation of the scheme.
5. Skilling of the MGNREGA workers in conjunction with the Deen
Dayal Upadhyaya Grameen Kaushalya Yojana (DDUGKY) and
NRLM should be encouraged on a larger scale so that they will be
able to acquire vertical mobility in the job market, and would no
longer depend on unskilled manual work.
6. In any case, MGNREGA can be said as the most successful
scheme for the welfare of the rural people. Its positive impacts are
measurable with their bettered livelihood.
5. Management information system (MIS)
1. The MIS of MGNREGA is used to get information related to its
working. It brings information to public domain thereby
enhancing transparency in the implementation of the scheme. Ex:
Job cards, demand for work etc.
2. It makes computerisation of MGNREGA activities and provides
facility for social audit.
3. Another notable feature of the MIS is the availability of
information through online reports at various levels of
disaggregation.
4. The worker is able to apply for job request online. The work
allotment receipt, payment allotment at the end of the work week
is also generated online.
5. It provides window for lodging of complaints through Grievance
Redressal System.
6. Government initiatives for facilitating MGNREGA
1. JAM Trinity: It ensured timely transfer of funds to the right
beneficiary and enabled effective targeting under welfare
schemes.
2. National electronic Fund Management System
(NeFMS): Central Government directly credited the wages of the
MGNREGA workers, on a real time basis.
3. Aadhar Linked Payments (ALP): Almost 55 percent of all the
payments under MGNREGS are through Aadhaar Based Payment
 Systems (ABPS). It reduces verification time and helps in cutting
bureaucratic red tape.
4. NREGAsoft: It is a local language enabled work flow based e-
Governance system which makes available all the documents like
muster rolls. Due to intervention of NREGASoft, in 2018-19, 90.4
percent payments are generated within 15 days.
5. Support for drought proofing: In 2015-16, provision of
additional employment of 50 days in drought affected areas over
and above 100 days per household under MGNREGA was
approved.
6. Increased accountability: Various citizen centric mobile Apps
like Gram Samvaad and JanMnREGA (an asset tracking and
feedback app for MGNREGA assets) have been developed.

Malnourishment

1. The health, longevity and well-being of Indians has improved since

Independence. Around 40% of Indian children have malnutrition
problem. Malnutrition in India results from various factors such as poor
socio-economic status, gender inequality, differences in region, religion
and caste. In the context of it, cultural beliefs may enforce dietary
preferences.
2. Factors
1. Low public spending on health.
2. Early marriages of poor girls based on conventional norms also
result in protein deficiency to the child.
3. There is also no preference to institutional deliveries, pre and
post-natal services which ultimately result in malnourished
children.
4. Rising junk food consumption by middle and upper class strata of
society also leads to malnourishment. Assimilation and absorption
of nutrients also poor in this diet.
5. Lack of focus on maternal health and improper awareness
regarding breast feeding practises.
6. Poor hygienic conditions and poor sanitation due presence of open
defecation.
7. Low level of female education, leading to socio-cultural and
 economic deprivations.
8. Hindus belonging to certain communities and Jains strictly follow
vegetarian diet and hence may result in poor protein. Some
members of the muslim communities say no to immunisation due
to some misconceptions and end up making them vulnerable to
various problems.
3. Reasons for disconnect between spread of PDS and malnutrition
1. Leakages: Diversions of grains from PDS amounted to 46.7%
according to NSSO’s data. The subsidies are not reaching targeted
beneficiaries, moreover problem related to power subsidy,
corruption and fake accounts.
2. Lack of nutritious food in PDS: Food grains only serve the
calorie needs which are not at all sufficient for nutritional needs.
Fortified cereal should be preferred under PDS. UBI route can
also be taken where people themselves can buy more nutritious
food.
3. Health issues: Unhygienic living conditions, poor sanitation,
lifestyle diseases, inadequate health services etc., has escalated the
problem. Lack of proper immunisation and proper ante-natal care
leads to infections among infants and mothers.
4. Feeding practices: First 2 years of child are very crucial for
determining nutritional outcomes. Many mothers don’t use
exclusive breast feeding due to cultural customs, working for daily
wages, overburdening by household works. Awareness campaigns
by ASHA in villages can improve the practice.
5. Economic causes: Poverty, food insecurity, no livelihood,
shortage of govt fund etc., has lead to undernourished growth.
6. Misc: Illiteracy in rural areas, frequent deliveries, less nutritious
food to women during pregnancy, inadequate breastfeeding has
also leads to undernourishment.
4. Apart from government schemes and policies, individuals and society
too have to give priorities to nutritional diet. Proper awareness
campaigns by government, NGOs, health practitioners can play a major
role.
5. Solutions
1. Improving breast feeding practises. Ministry of Health has
initiated Mother’s Absolute affection (MAA) scheme to create
awareness regarding breast feeding practise.
 2. Improve sanitation and reduce open defecation.
3. Promote crop diversification and food fortification. Invest in R&D
for more nutritious crops.
4. Increase women’s control over farming decisions by keeping land
titles on their names.
5. Schemes like PDS, Integrated Child Development Scheme
(ICDS), SABLA, Mid Day Meal (MDM), Nutrient
supplementation program like- Vitamin A supplementation, Iron
supplementation etc. have been launched.
6. Further, a full fledged National Nutrition Mission (NNM) has
been set up incentivizing Anganwadi Workers (AWWs) for using
IT based tools, introducing measurement of height of children at
the Anganwadi Centres (AWCs), Social Audits, setting-up
Nutrition Resource Centres, involving masses through Jan
Andolan for their participation on nutrition through various
activities, among others.

Global Hunger Index (GHI)

1. Overall, India has been ranked at 103 out of 119 countries in the Index,
with hunger levels in the country categorised as “serious”. Its ranking
has dropped three places from last year.

2. Reasons
1. Poverty trap: 30% of population under poverty according to
Rangarajan Panel.
2. Dietary ignorance: Many people do not know about the
nutritional component about their diets.
3. Socio-cultural factors: Women more often forego meals to feed
their children. According to WB, 60% of those who are hungry
are females in India.
4. Weak implementation: Government policy is marred by their
ineffectiveness and inefficiency. For example, recent Midday
Meal crisis in Bihar, ICDS is affected by lack of trained personnel,
infrastructural problems and inequality in terms of gender, age,
caste etc., PDS is highly alleged of corruption, leakage and
inclusion-exclusion errors.
5. Lack of diversity in PDS: Indian food habits are severely
 affected by nutritional crisis. Pulses, millets which are rich source
of nutrition has largely remained absent in food which is
distributed by government thorough PDS and other schemes.
Along with it the poor quality of food grains adds more problem.
6. Lack of coordination: The National Food Security Act which
was passed in 2013 includes 3 schemes implemented by different
departments of the government, each working in isolation from
the other.
7. Healthcare facilities: Efficient primary healthcare service is
needed and schemes like Pradhan Mantri Surakshit Matritva
Abhiyan (PMSMA) for free health check-up for pregnant women
is a good step.
8. Lack of attention to mother: Lack of strong policy response by
Govt. to change societal behaviour pattern against females has led
to births of underdeveloped children. The fact that one-third of the
total maternal deaths in 2015 happened in India, where 45,000
mothers died during pregnancy or childbirth.
9. Regional disparity: India’s policies for tackling hunger have
largely remained focused on rural regions. In urban areas, we have
a problem of awareness and mothers don’t know what to feed her
child.
10. Budgetary cut: Reducing budgetary expenditure on health
(ICDS, NRHM) and education is further worsening policy
paralysis.
3. However, India has been able to reduce absolute poverty, improvement
in MMR and IMR and certain other targets. The scheme likes Mid day
Meal, Janani Suraksha Yojana, Mission Indradhanush, Iron and Folic
Acid supplementation, ICDS has certainly helped in controlling India’s
hunger crisis.

Centrally sponsored schemes

1. Centrally Sponsored Schemes (CSS) are plan transfers to States by the

Union Government, which are implemented through the State
Governments and in sectors falling in the State and Concurrent Lists of
the Constitution. CSS is the biggest component of Central Assistance to
state plans (CA), where states don’t have much flexibility.
2. Steps taken towards rationalization of CSS
1. States taken into deliberation: From 2014-15 onwards, direct
transfers to State implementing agencies have been done away
with, and all transfers to States for Centrally sponsored schemes
are now being routed through the Consolidated Fund of the State.
2. Reduced number of CSS: From 66 to 28 and they were divided
into three categories.
3. Increased choice given to states: To select optional schemes they
want to implement. Also, while designing the CSS, the Central
Ministries shall permit flexibility in the choice of components to
the States as available under the Rashtriya Krishi Vikas Yojana
(RKVY).
4. Flexi-funds: The flexi-funds available in each CSS has been
raised from 10% to 25% for the States and 30% for the UTs of the
overall annual allocation under each Scheme.
5. Evaluation of CSS: Approval of the schemes is being made co-
terminus with the Finance Commission cycle. NITI Aayog is in
process of evaluation of all the CSS.
3. Three categories are
1. Core of the Core: These schemes are for social protection and
social inclusion having 75:25 centre-state expenditure allocation
formula (6 schemes).
2. Core schemes: The comprise essential interventions for achieving
national development agenda having 60:40 expenditure allocation
formula (20 schemes).
3. Optional Schemes: Schemes where States would be free to
choose the ones they wish to implement having 50:50 expenditure
allocation formula (2 schemes).
4. Grievances of states towards CSS
1. Encroachment of State’s functions: as the CSS were framed on
the subjects listed in the States list of the seventh schedule.
2. Proliferation of schemes: A large number of Schemes results in
spreading resources thin and thereby adversely impact-desired
outcomes.
3. Problem of ‘one size fit all’: Given significant variation across
States in terms of development indicators and resource
endowments, many schemes are simply not relevant to many
States.
 4. Limited flexibility: with the states in implementation of these
schemes, despite the features of flexi funds introduced in recent
history.
5. Inadequate deliberations with states: before introduction of new
schemes and often the states’ financial health is not given due
consideration.
5. This system is based on the recommendations of a sub-committee of
chief ministers formed by Niti Aayog for the rationalisation of the CSS.
The focus of these initiatives is on improving the quality of government
spending by focusing on the end use of the funds. This will lead to
effective outcome based monitoring of implementation of the
programmes and schemes and ensure optimum utilisation of resources.

SECC vs NSS

1. SECC and NSS employ different approaches to the estimation of

poverty. Both estimates are important, and SECC cannot substitute for
NSS-based poverty rations. According to SECC, out of 18 crore house
holds in India, around 11 crore are classified as deprived.
2. NSS and SECC
1. NSS employs consumption based criteria for poverty. For
instance, as per Rangarajan expert panel, if an individual spends
less than Rs. 32 in an urban area, he is considered BPL.
2. SECC employs deprivation based criteria. It has a set of 14
indicators on which households are categorised ranging from
deprivation in one indicator to multiple indicators.
3. Advantages of NSS over SECC
1. SECC approach only measures deprivation based poverty. But,
economists (like Rangarajan) argue that consumption expenditure
is a very strong indicator of poverty.
2. According to SECC, only 0.01% of households in India suffer
from all 14 deprivations. But, as per NSS data, nearly 30% of
Indian population is below poverty line. Multiple deprivations
clearly paints a wrong picture.
3. Also, the deprivation indicators used by SECC are not
conventional like income, health, education indicators. For
example, SECC used landlessness as a deprivation indicator, etc.
 [Link] NSS data can be used to understand broad trends in the
reduction of poverty. It will help design appropriate policies.
4. Advantages of SECC over NSS
1. Poverty estimates based on NSS only provide a general idea about
overall poverty in India. These cannot be used to identify the
individual poor, which is crucial to deliver targeted anti-poverty.
2. Government has already started using the SECC data to give
direct financial assistance to build low cost houses to the poor
under the PM Awas Yojana, electricity connection under the Deen
Dayal Upadhyaya Power Scheme, build toilets under the Swachh
Bharat Mission and prepare labour budgets under the Rural
Employment Guarantee Act.
3. The SECC data is agnostic to one’s caste, religion or community
and is not discriminatory.
4. Moreover, since the 12th plan, poverty schemes had been delinked
from the poverty line. The entitlements are based on specific
deprivation (housing, sanitation). So, SECC becomes quite
helpful.
5. Therefore, SECC and NSS data based estimates have different
purposes. The SECC would be important for the identification of
beneficiaries of programmes while NSS based estimates would be
useful for assessing changes in levels of living at the macro level
over time.

Poverty

1. Available concepts in India for identifying poor

1. In 1979, YK Alagh commitee defined the poverty line as per
capita consumption expenditure level, which meets the average
per capita daily calorie requirement of 2400 kcal in rural areas and
2100 kcal in urban areas.
2. In 1993, Lakdawalla commitee, disaggregated the national level
rural and urban poverty lines as defined by the Task Force (1979)
into state specific poverty lines.
3. In 2011, the Suresh Tendulkar Committee defined the poverty line
on the basis of monthly spending on food, education, health,
electricity and transport. According to this estimate, a person who
spends Rs. 27.2 in rural areas and Rs. 33.3 in urban areas a day are
 defined as living below the poverty line.
4. The Rangarajan panel considered people living on less than Rs. 32
a day in rural areas and Rs. 47 a day in urban areas as poor.
2. Issues with poverty line concept
1. No consensus on the definition of poverty line and how to
calculate it.
2. The poverty line is not a true indicator of malnourishment because
of interpersonal variations in good habits.
3. It does not capture important aspects of poverty — ill health,
low educational attainments, geographical isolation, ineffective
access to law, powerlessness in civil society, caste and/or gender
based disadvantages, etc.
4. In a country of India’s continental size and diversity, poverty line
based on aggregation at all-India level ignores State-specific
variations in consumption patterns and/or prices.
3. Changing poverty dynamics from three decades
1. Proportion of BPL families has decreased. It was easier to identify
BPL families in rural areas and from STs and SCs. However,
today urban poverty is rampant.
2. Multi-dimensional nature of poverty is recognised. Back then,
usually income and landlessness were the basis. Nowadays,
health, education, etc. determines poverty.
3. Nature of assistance required has also changed. Work and
insurance is desired.
4. While identifying those in need of assistance in the rapid changing
economy, we should consider disability and unemployment.
Proper identification and benchmark would prevent dilution of
schemes.
5. Preventing unintended consequences of schemes. Ex: PDS has
prevented diversification of nutrition.
6. Ensuring that assistance is meaningful with greater level of
benefits and easier access.
4. NITI Ayoog task force on poverty
1. Track progress over time of the bottom 30%.
2. Track progress along specific components of poverty such as
nutrition, housing, drinking water, sanitation, electricity and
connectivity.
 3. To continue with the Tendulkar poverty line. NITI Aayog is
favouring for the Tendulkar line which set poverty ratio to 21.9%
as compared to Rangarajan committee which had a higher poverty
ratio of 29.5%.
4. To remove any criticism that many poor would be left behind if
poverty line as per Tendulkar committee is adopted, NITI Aayog
has underlined that it will only be used to track progress in
combating poverty rather than identifying the poor for
entitlements. SECC data as suggested by Saxena and Hashim
committee will be used for entitlements.
5. Combating poverty can be achieved through growth, jobs, Make in
India and expanding the central role of agricultural growth in poverty
reduction. Effectiveness in NFSA, 2013, Mid day Meal Scheme,
MGNREGA and Housing for All is need of the hour.

Multi-dimensional poverty index

Crimes against Dalits

1. The NCRB data put the number of incidents of crimes against Dalits in
Haryana in 2014 are at 830. However, Haryana isn’t the lone culprit.
States such as Uttar Pradesh, Rajasthan, Bihar and Madhya Pradesh,
among others witnessed such crimes.
2. Causes
1. Weaker sections economically dependent upon higher castes. Ex:
Landless labourers depend on land lords. This makes the authority
of higher castes unquestionable by lower castes, thus submitting
themselves.
 [Link] case of caste conflicts, police personnel tend to support the
powerful group by non registration of FIR in atrocity cases.
3. Legislative interventions, including reservations in education,
employment and panchayati raj institutions, have triggered
incremental changes in the rural landscape. This has created a
sense of despair among the higher castes.
4. Other social issues such as a Dalit marrying a woman from other
caste, wear clean clothes, imitate higher castes lifestyles, tries to
assert constitutional right to equality and are readily opposed and
suppressed by higher caste on the notion of caste pride.
5. Prolonged judicial process also emboldens the wrong doers to
commit crimes with a sense of impunity.
3. Way forward
1. The police need to be sensitised to act with alacrity in cases in
which people are denied their right to life with dignity. Also, fair
policing and the stringent implementation of the law would ensure
that Dalits do not have to fight an unequal battle.
2. The government should increase the share of the poor in the
capital of domestic and foreign companies, and thereby, assures
regular flow of income to them. Public land and the cultivable
wasteland could be distributed to Dalits.
3. Disqualification of MP, MLA and elected leaders under RPA act,
if they indulge or instigates such violence.
4. Strengthening the powers of National commission for SC and ST,
NHRC, SHRC to protect the interest of the oppressed classes.
5. Moral education on equality, human rights, compassion, liberty
and dignity of life since childhood to develop egalitarian mindset.
School education needs to reformed accordingly where the
children are taught the negatives of such old practices and develop
a sense of brotherhood.
6. Promotion of inter-caste marriage to make the caste boundaries
irrelevant. Increase cash incentives associated with it.
7. Promotion of Dalit leaders in local self government institutions.
Giving representation for Dalit and oppressed classes in police
force and other key administrative positions.
8. A deepening of an egalitarian consciousness could make the
 democratisation process faster and painless. The political
mainstream and civil society should take on the task.
4. New assertion of Dalit identity
1. Atrocities and discrimination against the Dalits have been carried
on since centuries in a systematic and persistent manner.
2. Its because of the media and mass communication that the
awareness of people is increasing and more and more issues are
now getting highlighted. However, the form of expression of
Dalits against these atrocities are definitely changing.
3. From being the silent recipients, they are now getting more and
more assertive of their rights, which can be seen in the recent
mass mobilisation of Dalits, going on protests, committing
suicides, forming Dalit organisations in different parts of our
country like Gujarat, Maharashtra and Andhra.
4. The issue seems to be more of self respect rather than just getting
political rights. This is getting more prominence because Dalits
are now economically better off, have experienced upward
mobility in the class system and are better educated and more
aware of their surroundings and recognise their rights better.
5. Why market forces are best bet for Dalits
1. It will lead to their economic empowerment by providing them
employment and entrepreneurial opportunities.
2. It has relatively less entry barriers based upon your skills and
capabilities.
3. It might lead to social transformation as there are no reservations
in market sector so this will prove they are no less capable.
4. Economic empowerment is closely related to political
empowerment and this will lead to greater political voice of
Dalits.
5. Skill development and greater technological penetration among
Dalits will generate self confidence among them and reduce their
dependence upon Government.
6. Challenges in entrepreneurship
1. Lack of access to business networks which provides support in
entering the entrepreneurship field. Growth of enterprises depends
strongly on network effects to find the right workers as well as to
 forge links with suppliers and customers.
2. Disinterest shown by higher caste workers to work under Dalit
entrepreneurs.
3. Credit is not made available easily because of lack of collateral
guarantee required for taking loans.
4. Low rates of literacy among Dalits doesn’t provide them basic and
technical education for entrepreneurship.
5. Discriminated by people at both upstream and downstream level
leading to economic unsustainability of firms like non
procurement of goods or services by upstream firms, charging
high rates for raw material by suppliers etc.
6. Dalits are also a not a monolithic community and fissures of clan,
strata might creep into the achievement of the goal of Dalit
Capitalism.

National food security act

1. The National Food Security Act, 2013 is an act of the Parliament which
aims to provide subsidised food grains to approximately two third of
India’s population.
2. Need for the act
1. Around 40% of Indian children have malnutrition problem.
2. 48% of women in India suffer from anaemia.
3. To meet goal of sustainable development goals (SDGs) i.e to
eliminate hunger by 2030 in all forms.
4. Need for human resources formation.
5. To fulfill the spirit of social and economic justice enshrined in
DPSP.
3. Key features
1. Entitlements: Beneficiaries of the PDS are entitled to 5 kg per
person per month of cereals at Rs. 3, 2 and 1 for rice, wheat and
coarse grains respectively.
2. TPDS: Coverage and entitlements under TPDS. Upto 75% of the
rural population and 50% of the urban population will be covered
under TPDS.
3. Maternity benefit: Pregnant women and lactating mothers will
 also be entitled to receive maternity benefit of not less than Rs.
6,000.
4. Women empowerment: Eldest woman of the household of age
18 years or above to be the head of the household for the purpose
of issuing of ration cards.
5. Accountability: Provisions have been made for disclosure of
records, social audits and setting up of vigilance committees.
6. Grievance Redressal: Mechanisms at the district and state levels
are provided.
7. Allowance: Provision for food security allowance to entitled
beneficiaries in case of non-supply of entitled food grains or
meals.
8. Penalty: Provision for penalty on public servant or authority, to
be imposed by the State Food Commission (SFC), in case of
failure to comply with the relief recommended by the District
Grievance Redressal Officer.
4. Problems in the implementation of the act
1. Identification of eligible households by few states was not done in
time. Besides, end-to-end computerisation of TPDS operations
was also pending.
2. There is a shortage of fair price shops in India. While there are 6
lakh villages in India, there are only 5.35 lakh fair price ration
shops for disbursement of food grains.
3. Many states neither have adequate grain storage facilities nor a
system of door-step delivery of grains to fair price shops (FPS).
4. Food grains under the act will be distributed through the already
existing PDS. However, these PDSs have many loopholes such as
leakages of food grains, corruption etc.
5. There is absence of effective grievance redressal mechanism.
6. The huge subsidy and incurring cost will lead to fiscal deficit.
Higher MSP for cereals and demand for other food items because
of lower household spending on cereals will push up food
inflation.
7. As most of the food grains will be procured by Govt, exports will
reduced, which is a big threat to the economy.
8. Small farmers who go grow grains for personal consumption may
 shift to other crops to make more money and buy subsidised grain.
5. Way forward
1. The Supreme Court directed to states to set up State Food
Commission (SFC) and Vigilance Committees in every state by
the end of year and set up social audit machinery.
2. The court also directed the government to frame rules and
designate independent officials for a grievance redressal
mechanism under the Act within a year.

Children
Juvenile

1. Juvenile delinquency refers to a large variety of disapproved behaviour

of children and adolescent which the society does not approve of, and
for which some kind of admonishment, punishment or corrective
measure is justified in the public interest. It covers a multitude of
different violations of legal and social norms, from minor offences to
serious crimes, committed by juveniles.
2. Factors
1. Individual factors: It includes certain personality traits like
feeling of insecurity, fear, lack of self control, emotional conflict
etc.
2. Family: Broken homes, father’s work habits, cohesiveness of the
family, relation between parents, affection of siblings, parent’s
discipline and affection etc., play a very important role in defining
 the behaviour of a child. These factors are undergoing changes
due to urbanisation, globalisation and cultural changes.
3. School: After family, child spends most of its time in the school
and with his friends. Bad company at school or in friends circle
can damage their development.
4. Movies: Cinema and television has emerged as strong attractions
for children in recent times. Thus, its content needs to be
moderated according to the needs of the children.
5. Persistent unemployment: It increases the likelihood of their
involvement in any kind of criminal activities and unethical
behaviour.
3. Consequences
1. Lack of good economic opportunities: Their past record may
hurt their chances of good employment, housing and stable future.
2. Low social status: They along with their families may be looked
down upon by the society resulting into further family tensions as
well as social conflicts.
3. Increase in crime rates: The present delinquencies if not
corrected may fuel further cases of unacceptable behaviour from
the same families or neighbourhoods.
4. Future: Country will suffer in the future as it will lose important
human resource for the future.
4. Considering that the rate of juvenile delinquencies in India in the last
decade has steadily increased, various measures have been put up in
place to deal with juvenile delinquencies. The juveniles are treated
differently from an adult criminal.

Child sex ratio vs Overall sex ratio

1. The CSR is on descending order since 1991. In 1991 it was 945, in

2001 it was 927 and in 2011 it stood at 919. While the overall sex
ratio is showing an upward trend. It has improved from 933 (2001
census) to 943 (2011 census).

Child labour
1. The International Labour Organisation (ILO) defines child labour as
work that deprives children of their childhood, their potential and their
dignity, and that is harmful to their physical and mental
development. As per Census 2011, in the age group (5-14) years, 10.1
million (3.9% of total child population) were working, either as ‘main
worker’ or as ‘marginal worker’.
2. The child labor act, 1986, which regulates the employment of children,
has proved to be weak and ineffective in curbing child labour. To
address these concerns, the government proposed amendments in the
act which bans employment of children less than 14 years in all kinds of
commercial enterprises.
3. The amendments to child labour act, 1986
1. It banned the employment of child labour below 14 years of age in
all occupations and processes. It linked the age of employment for
children to the age of compulsory education under Right to
Education Act (RTE), 2009.
2. It prohibited employment of adolescents (14-18 years of age) in
hazardous occupations.
3. It makes child labour a cognisable offence attracting a jail term of
up to two years and penalty upto Rs.50000.
4. The bill has a provision of creating Rehabilitation fund has also
been made for the rehabilitation of children.
5. But children were allowed to help the families in running their
domestic enterprises after their school hours. Given the
sensitivities involved in monitoring activities within traditional
households, effective enforcement will pose a challenge.
4. Pros
1. Since there is complete ban on child labour (children under age
14), they can get compulsory primary education under RTE.
2. The amendment also considers that in a large number of families,
children help their parents in their occupations like agriculture,
artisanship, etc. and while helping the parents, children also learn
the basics of occupation. Thus it strikes a balance between the
need for education of a child and the reality of the socio-economic
conditions of our country.
5. Criticism
 1. Dragging children into family trade, which at times includes most
hazardous labour as carpet weaving, bangle making, etc.
2. Allowing children to work in family enterprises tends to
perpetuate the occupation based caste system and binds children
to their traditional family occupations.
3. Big corporates under the garb of family enterprises can make
children work in brick kilns, slaughter houses, carpet, zari and bidi
units, mica or diamond cutting, handling e-waste, scavenging or as
domestic help.
4. It has slashed the list of hazardous occupations for children from
83 to include just mining, explosives, and occupations mentioned
in the Factory Act.
5. The new norms can also be used to deny education to the girl
child who will be stuck with household work which, beyond no
doubt, will defeat the purpose of the new amendments.
6. Loss of education for children. At times they get enrolled in
school and are not allowed to attend by their parents so that they
can help them with the work.
7. Not only do the new amendments reverse the gains of the 1986
Act, but actually contradict the Juvenile Justice (Care and
Protection) of Children Act of 2000 that makes it punishable or
anyone to procure or employ a child in a hazardous occupation.
8. They also contravene the International Labour Organisation’s
(ILO) Minimum Age Convention and UNICEF’s Convention on
the Rights of the Child, to which India is a signatory.
6. This move has clearly been an attempt by the government to attract
investment from large corporate houses in manufacturing sector in
India. However, this stands to reverse whatever progress we had
achieved in eradicating child labour in India.
7. Other efforts by the Government
1. India has ratified two key global ILO conventions for combating
child labour. The Minimum Age Convention, 1973 (No. 138) and
the Worst Forms of Child Labour Convention, 1999 (No.
182). The ratification of these conventions will help in achieving
Goal 8 of the sustainable development goals (SDGs).
2. A National Policy on Child Labour, 2013 was formulated in 1987
 to focus on rehabilitating children working in hazardous
occupations.
3. PENCIL Portal.
4. 100 million for 100 million. It is a campaign by Nobel Laureate
Kailash Satyaki to end child labour, child abuse.
5. Article 21(A) and Article 45: The child has the right to education
i.e. the state shall provide compulsory and free education to the
children of the age six to 14 years.
6. Article 24: Child below the age of 14 years cannot be employed
in any mine, factory or hazardous workplace.
8. Way forward
1. Provision of working in household based industries should be
completely prohibited for school children.
2. Complete demarcation of age group 0-18 years as children to
focus whole heartedly on their growth and development.
3. Power to prune the list of hazardous industries should be given to
the parliament.
4. Its also important to conduct proper surveillance of schools and
children’s attendance.
5. Most importantly, creating awareness among the parents as well
as children and society as a whole is need of the hour to solve the
root cause of child labour.
9. Policies to end child slavery
1. In Protection of Child Rights Act 2005, National and State
Commission for Protection of Child Rights and children courts
have established for speedy trial of offences against children or of
violation of child rights.
2. The Right to education act which has a provision of to provide
free and compulsory education for children till the age of 14.
3. The Mines Act 1952 and the Factories Act 1948 prohibit the
employment of children in hazardous factories and mines below
18 and 14 years respectively.
4. The Child Labour Act of 1986 prohibits the employment of
children below the age of 14 years in hazardous occupations
identified in a list by the law.
10. Weakness
 1. Lacunae in the implementation of laws.
2. Some families having low income have no other option but to
send there children to work.
3. The school in some cases from a vulnerable child is far away and
thus he cannot afford to go there.
4. Trafficking of children had been a common thing in the present
and FIR’s even if registered, the concerned authorities have a snail
speed for recovery.
5. Lack of awareness of these laws have also been a major deterrent
in it’s implementation of ground level.
6. Some genuine NGOs who were working for this, after the FCRA
the funds have been regulated which poses problems for them to
spread awareness and act accordingly.
11. Why harsh laws may not deter child rape victims
1. Rape on an infant and children below 10 is a product of an
excessive brutal perversion. These individuals are unlikely to be
affected by a harsher law if present laws do not serve the purpose
of deterrence for them.
2. Recently the Law commission in its report stated that it is not
severity of punishment that serves the purpose of deterrence but it
is certainty of punishment that does so. Most people committing
crimes believe they can get away with it.
3. A harsher law also means more potential for its abuse.
4. There have been cases where many women used rape as weapon
to blackmail men.
12. Possible solutions
1. Certainty of punishment needs to be ensured hence focus should
be on better prosecuting mechanisms and training of law
enforcing agencies. Maximising the extent of CCTV coverage can
be one such move. This must be integrated in the smart cities
scheme.
2. Neighbourhood watch scheme of Singapore is implemented which
encourages mutual care and help among neighbours, through
residents keeping an eye out for each other’s premises.
3. School Security Committees (SSCs) can be setup.
4. Better implementation of the POCSO act.
POCSO act

1. Salient features
1. The Act defines a child as any person below eighteen years of age.
2. It defines different forms of sexual abuse, including penetrative
and non-penetrative assault. It deems a sexual assault to be
“aggravated” under certain circumstances, such as when the
abused child is mentally ill or when the abuse is committed by a
person in a position of trust or authority.
3. Establishment of special courts that conduct the trial in-camera
and without revealing the identity of the child.
4. The Act stipulates that a case of child sexual abuse must be
disposed of within one year from the date the offence is reported.
5. The Act also provides for mandatory reporting of sexual offences.
This casts a legal duty upon a person who has knowledge that a
child has been sexually abused to report the offence; if he fails to
do so, he may be punished with six months imprisonment and/or a
fine.
2. Key changes
1. It will make punishment more stringent for committing sexual
crimes against children.
2. It includes provision of death penalty in cases of sexual offences
against children.
3. The amendments also provide for levy of fines and
imprisonment to curb child pornography.
4. Amendments are also proposed to protect children from sexual
offences in times of natural calamities.

Old-age
Disability

1. Around 2% of India’s population suffer from one or other kind of

disability. The new act is deemed to be an improvement over 1995
legislation, which treated disability in only medical parlance and more
in line with UNCRPD.
2. Issues
1. Disability is not being measured properly in India. Not all
censuses in India have measured Disability. The ones that have
measured have used different definitions for disability making
comparisons difficult. Also, census depends on self reporting of
disability which may leave out mental disability and even physical
disability.
2. India looks at disability from medical angle only. Most developed
countries look from social angle, highlighting institutional and
social arrangements preventing those with impairments from
leading normal lives.
3. Disabled people have certain special infrastructural requirements
like provisions for ramps etc. However, the the quality of
infrastructure in India tends to be bad and such special
requirements remain largely unfulfilled.
4. The mental attitude of society towards disabled people assumes
them to a liability and rarely acknowledges their abilities or
 productivity. This also hinders them in getting jobs.
5. Disabled people also lack quality special schools, tools like books
and skill development institutions. Hence, they mostly have to
depend on their own initiatives to gain knowledge and skills. This
later hampers them when they search for jobs.
6. All these factors combined with the issue of their disability has
psychological impact on such people. There are rarely any facility
to help them deal with such issues.
3. Steps taken by Government
1. After directives by the Supreme Court, the government has set
aside 3% reservation for the disabled in government jobs.
2. The Accessible India Campaign (AIC) has been launched for
achieving universal accessibility for Persons with Disabilities with
a focus on three verticals like built environment, public
transportation and Information & Communication Technologies
(ICT).
3. Under this first of its kind ‘Inclusiveness and Accessibility Index’
is launched that helps the industries and corporates to participate
in the Accessible India Campaign (AIC) by voluntarily evaluating
their readiness for making the workplace accessible for PwDs.
4. Further, the Rights of Persons with Disabilities Bill, 2016 passed
by the Parliament aims at securing and enhancing the rights and
entitlements of PwDs.
5. The government has also laid emphasis on ensuring that new
infrastructure is disabled friendly while the existing infrastructure
is retrofitted to achieve the same. Ex: Creation of accessible
ATMs, bank counters, police stations, hospitals and facilitating
accessible tourism across the country.
6. Vocational training centres for PwD are being run by various
training organizations under the Deendayal Disabled
Rehabilitation Scheme.
7. Marakkesh agreement is recently signed by GoI to facilitate
access to published work to help improve the educational level.
8. India is a signatory to the UN Convention on the Rights of
Persons with Disabilities (UNCRPD) and the Incheon strategy
which, amongst other goals, aim to reduce poverty and enhance
 work and employment prospects of persons with disabilities.
9. National Social Assistance Programme (NSAP) aims to provide
financial assistance to the elderly, widows and persons with
disabilities in the form of social pensions.
10. Rashtriya Vayoshri Yojana to provide senior citizens, belonging to
BPL category and suffering from any of the age-related
disability with such assisted living devices.
4. Shortcomings
1. It does little to change the social attitude against disabled, and
facilitate their mainstreaming.
2. It failed to establish statutory commission for disabilities.
3. Disability welfare is under state list, so efficacy of the
implementation is upto the states.
4. Reservation system is based on government notification but
Supreme court suggested it should be in proportion of seats to be
filled.
5. Woeful infrastructure to access basic services remain.
6. Clause on non-discrimination in employment mandatory only in
government establishments, and not in private.
5. Though the act would facilitate increased recognition and accessibility
to PwD under the Sugamya Bharat Abhiyan, it does not fulfill the way
in which one would treat a disabled. In addition to robust legislation,
pro-active measures to bring change in social attitude is must.

Section 377 of IPC

1. "History owes to an apology to the LGBT community for the delay in

their rights" -- Judge Indu Malhotra.
Yogyakarta principles -- A broad range of international human rights
standards and their application to issues of sexual orientation and gender
identity. Supreme court in NALSA case said that these must be applied in
Indian case.
 1. Examples: Dutee chand, India's first LGBT athlete.
2. Born free and equal -- A report by UNHRC-- said that states should
take steps to prevent torture inhuman and degrading treatment of LGBT
persons and prohibit discrimination based on sexual orientation.

Transgenders

1. Transgenders, who accounts for 0.04% of total population, is the most

marginalized communities in India due to lack of gender identity. In
the NALSA case, SC declared transgender people to be a ‘third gender’
and directed Centre and State governments to take various steps for the
welfare of the transgender community.
2. Highlights of the Bill
1. Bill provides for comprehensive and legally valid definition of
"transgender person".
2. Prohibits discrimination against transgender persons including
unfair treatment or denial of service. Provide for non-
discrimination in matters relating to employment, recruitment,
promotion and other related issues.
3. Transgender can obtain a Certificate of Identity which will confer
rights and be proof of recognition.
4. It also directs the central and state governments to provide welfare
schemes for them.
5. The government will cover medical expenses by an insurance
scheme for sex reassignment surgery, hormonal therapy, laser
therapy or any other health issues of transgender persons.
6. It also criminalises whoever compels or entices a transgender
 person to indulge in the act of begging.
7. A National Council for Transgender persons will be set up to
advise the central government on policies and legislation related
to transgender persons.
8. It removes the earlier threshold of 100 or more people and states
that every establishment must designate a complaint officer.
3. Several civil society groups have been vocal about their opposition to
the Bill. This bill dis-regards many suggestions by Supreme court in
NALSA vs. Union of India case.
4. Criticisms
1. Supreme Court laid down that transgender and intersex persons
have the constitutional right to self-identify their gender as male,
female or transgender even without medical intervention. Hence,
medical procedures by district screening commitee should not be
required for identifying transgenders.
2. The Bill also does not allow for recognition of gender identity as
male or female. It only allows for an identity certificate as
‘transgender’.
3. The 2018 Bill grants no reservations to transgender persons.
4. Bill makes it a criminal offence for anyone to compel a
transgender person into begging. Many in transgender community
resort to begging as they have no livelihood options. This
provision would lead to members of the trans community being
criminalised.
5. The Transgender Bill does not mention any punishments for rape
or sexual assault of transgender persons as according to Sections
375 and 376 of the Indian Penal Code, rape is only when a man
forcefully enters a woman.
5. The Bill must recognise that gender identity must go beyond biological;
gender identity is an individual’s deep and personal experience. It need
not correspond to the sex assigned at birth. It includes the personal
sense of the body and other expressions such as one’s own personal
inducing proceeds.

Mental health

1. Mental health is slowly deteriorating due to various issues ranging from

 socio-economic to technical. 70 million Indians suffer from mental
illnesses, more than 2 lakh commit suicide per year, and these numbers
are increasing rapidly.
2. Economic issues
1. Lack of proper investment in the primary health infrastructure has
curbed the modernisation of public hospitals.
2. Lack of employment opportunities causes poverty leading to
depression and anxiety.
3. Social issues
1. Gender inequality leads to deterioration of mental health of
women.
2. Globalisation has led to people aspiring for more. When these
aspirations fail to materialise, they lead to depression and suicidal
tendencies. The popular sociologist Emile Durkheim has a found
in his research that better off countries have a higher rate of
suicides.
3. Changing patterns of relationships i.e movement from joint to
nuclear families.
4. Social stigma associated with mental illness prevents people from
seeking help.
5. Alternative and cheaper health systems, like AYUSH, have no
component specific for corrective mental health.
4. Technical issues
1. Lack of techniques and processes to demarcate mental illness
from normal human distress.
2. Mental healthcare requires the approach of a consultant which can
only be provided by a qualified doctor. There are lack of qualified
doctors in India.
5. What can be done
1. Awareness campaigns need to run to break the taboo associated
with mental illness.
2. Adopting the mental health care bill, 2013, which deals with the
various rights of the mentally ill.
3. Implementation of National Mental Health Programme to upgrade
psychiatric wings of the Government. Medical colleges and
modernisation of hospitals.
 4. More training institutes for psychiatrists. 20% of the Indian
population suffers from mental illness but only about 3500
psychiatrists are in the country.
5. Technical input to integrate mental healthcare into primary
healthcare will also be needed.
6. Relaxation of FDI norms to improve quality of infrastructure in
various sectors and development of education and employment.
6. Provisions of the Mental health care bill, 2017
1. Advance directives will be given by the mentally ill to nominate
his/her representative. Every person shall have the right to access
mental health care and treatment from services run or funded by
the government.
2. Every mental health establishment has to register with the relevant
Central or State Mental Health Authority. Mental Health Review
Board to protect the rights of persons with mental illness and
manage advance directives.
3. Decriminalisation of suicide instead of punishing patients for
committing suicides. They will be provided medical help and
support.
4. A person with mental illness shall not be subjected to electro-
convulsive therapy without the use of muscle relaxants and
anaesthesia.
5. The bill requires that every insurance company shall provide
medical insurance for mentally ill persons on the same basis as is
available for physical illnesses.
6. Training of medical officers, establishing sheltered
accommodation, medical health facilities, etc., will be carried on
by the Government. The policy is backed up by the Mental Health
Action Plan 365. It clearly spells out the specific roles to be
played by the Central government, the state governments, local
bodies and civil society.
7. Critical appraisal of the bill
1. The amount spent on mental healthcare is just 0.06% of health
budget is very low to provide for infrastructure as envisaged in the
Act.
2. Moreover, India has just 3 psychiatrists per million (global norms
 is 56 per million) is very low to look. Also there is lack of
counselling centres.
3. Poor infrastructure at district and sub-district level will create
burden on state government.
4. Advance directives clause will be an issue as in many cases
patients will not be able to take rational decisions.
5. Concerns with Mental health care decisions in the hands of non-
experts. Mental Health Review Board, which has six members out
of which only one is a psychiatrist.
6. The present bill could make psychiatrist uncomfortable, as it is
bringing in too much control.
7. The over inclusive definition of mental illness might harm the
large chunk of psychiatric patients who might feel stigmatised.
8. Public Health being a state subject will put immense financial
pressure on states for implementation. Centre bringing such a law
on state subject will impact the cooperative federalism model.
8. Way forward
1. The Mental Health Care bill has some unprecedented measures
aimed towards a sea change for the betterment regarding access to
treatment for the mentally ill across the country and particularly so
for the underprivileged.
2. The issues with the bill have to be resolved. States need to be
consulted before finalising it as act.
3. Care has to be taken that the bill does not create impediments in
psychiatric treatment in the country.
4. It must be ensured that the large chunk of psychiatric patients is
able to avail mental health care facility without any stigmatic
feeling and hindrance.

Reservations

1. Indira Sawhney case

1. Reservation of 27% in government jobs to socially and
educational Backward Classes is constitutionally valid. The
Supreme Court, in the Indra Sawhney vs Union of India case,
held that the Constitution recognised only social and educational
 — and not economic — backwardness.
2. The court had ruled that clause (4) of Article 16 of the
Constitution speaks of adequate representation and not
proportionate representation.
3. Reservation to socially and educational Backward people will
subject creamy layer criteria. Government will determine creamy
layer criteria on logical basis.
4. 10% reservation to economic Backward people of general
category is unconstitutional.
5. Maximum limit of reservation should not exceed 50% of total
vacancies.
6. Reservation in promotion is unconstitutional.
2. Reservations have been traditionally provided to undo historical
injustice and social exclusion suffered over a period of time, and the
question is whether they should be extended to those with social and
educational capital solely on the basis of what they earn.

Reservation in promotion
[Link]

IPC sections (375-377) which criminalises rape. Post Nirbhaya gang rape,
Government in 2013 made certain amendments to IPC. It added acts like acid
attacks, stalking, sexual harassment, etc., in the IPC. It also added death
penalty for certain categories of rapes and repeat offenders.

Statutory provisions for women

Maternity benefits act, 2016

1. The Maternity Benefit is the one which protects the employment of

women during the time of her maternity and entitles her full paid
absence from work, to take care for her child.
2. The State to make any special provision in favour of women
and children (Article 15 (3)). The State to make provision for securing
just and humane conditions of work and for maternity relief (Article
42).
Surrogacy bill, 2016
Marital Rape

1. Marital rape can be defined as sexual intercourse with legally wedded

partner without his/her consent. Marital rape represents a stark reality
of the domestic violence against the women.
2. Why should it be criminalised
1. According to National Family Heath Survey (NFHS) of all the
women who have faced sexual violence, 93% had experienced
this at the hands of their spouses.
2. Forceful sexual intercourse leads to subjugation of women to
men’s authority which is against the principle of equality under
article 14 and article 21 of Indian constitution. It further leads to
domestic violence.
3. It causes severe damage to genital organs which can be
categorised as violence.
4. It will strengthen our commitment for Convention on the
Elimination of All Forms of Discrimination against Women
(CEDAW) and removing inequality which is one of the SDG
goal.
5. The Justice JS Verma committee while dealing the criminal law
amendment act has also suggested that marital rape be made a
 non-bailable offence.
6. The law commission in its 172nd report following the SC
directives in Sakshi Vs Union of India (2004) said that forceful
sex without wife’s consent is an offence just as any physical
violence and should be punished.
7. This will help to change patriarchal mindset of our society, where
women are treated as second class citizens.
8. Countries like USA, UK, Malaysia, Turkey etc., have already
criminalised it and as a progressive democracy, India must
legislate to enhance the confidence in women.
3. Roadblocks
1. Proponents of the marital rape exception, however, argue that it is
essential to preserve the integrity of marriage, which is a crucial
social institution.
2. There is possibility of misuse of the penal provisions as has been
the case with 498A, and the Dowry (Prohibition) Act.
3. Before taking any step towards criminalising marital rape there
needs to be proper well defined lines and definitions for what is
marital rape and what is ‘non-rape’.
4. Difficulty in implementation due to various factors like illiteracy,
poverty, social customs and values, etc.
5. Lack of infrastructure, resources and judicial impact assessment
would lead to burgeoning of pendency of cases.
4. This country has its own unique problems due to various factors like
literacy, lack of financial empowerment of the majority of females,
mindset of the society, vast diversity, poverty, etc. these should be
considered carefully before criminalising marital rape.

Sexual offenders registry

Triple Talaq
Sabarimala Judgement
1. Essential religious practises: Judiciary has relied upon a particular
jurisprudence that it has carved itself to determine which rituals and
beliefs deserve special constitutional protection. However, SC in Shirur
Matt case has held that what constitutes an essential part of a religion
must be determined with reference to the doctrines of that religion. It is
a judge centric approach.
 2. Essential religious practises cases
1. HC said santhara is not essential religious practise. But SC over
ruled it.
2. Sabarimala case.
3. A 650 km Women's wall was formed in Kerala to uphold
gender equality and protest against gender discrimination in Women
entry to Sabarimala.
4. CEDAW states that the states which are signatory to the convention
must ensure that principle of equality for men and women are
incorporated in their legal system and all the discriminatory laws
abolished.

Right to marry
Female labour participation rate

1. The share of women in India’s workforce has fallen dramatically—

from about 35% to 23.3% since 1990s. This is all the more surprising
because this was a period of high GDP and employment growth. While
some of the fall in women’s workforce participation is explained
by higher rates of higher education enrolment, indicating that more
young women are in higher education rather than working or looking
for jobs, the data also points to a fall in working rates for older women.
2. Reasons for low female LFPR
1. Patriarchal mindset: Still women are considered best to work as
housewife and for providing supplementary income in time of
distress but not as regular workers.
2. Education: Low enrolment in primary and higher eduction which
is made worse by high dropout ratio.
3. Agriculture: Most of the women are dependent on agriculture
sector. Mechanisation of agriculture has led to losing out on jobs
for women.
4. Security: Lack of due diligence on part of government to provide
night time security, public transport at night, cctv cameras, etc.
Still Vishakha guidelines has not got statutory status.
5. Lack of good jobs: Women have multiple responsibilities, so
 provision of working from home, maternity leaves, creche
facilities at the workplace are lacking.
3. Measures
1. Creating awareness against unconscious and conscious gender
biases. Creating and celebrating female role models, encouraging
women employees to do better.
2. Economic empowerment by boosting SHGs, Kudumbashree type
programs etc. Using technology to develop entrepreneurial spirit
among women will also improve the empowerment of women.
3. Skill India Mission goal should center around women education,
vocational training etc. Make in India initiative should promote
women participation to ensure manufacturing growth coincide
with women’s growth. Government should promote women led
MSMEs through the MUDRA scheme, granting entrepreneurial
loans at concessional rate.
4. There is need to make women the owner of capital, be it land
given under government rehabilitation policy, loan given at
subsidised rates, bank account created under Jan Dhan Yojana etc.
5. Giving financial incentives to firms who employ more women
than national average. Ensure safety at workplace by complying
Vishakha guidelines, etc.
6. Most important is political empowerment by 1/3rd reservations in
Parliament and State legislatures and health aspects of women like
maternity, etc.
4. The NITI Ayoog 75 years strategy document aims to achieve a female
labour force participation of at least 30 percent by 2022. Post-
independence, the women movements like anti-liqour movements, SHG
revolution, strong legislations like Domestic Violence Act, PCPNDT act
etc., governmental schemes like BBBP and recent MeToo movement
has impacted the women in the lower strata in a positive way.
5. Vishakha guidelines
1. Set up an internal committee. There should be an internal
compliant grievance committee when workplace is of more than
10 employees. It also should provide for a special counsellor
assuring confidentiality.
2. The law is strong but all these cases are investigated by police
which is usually delayed. The onus is also on respective state
governments to see that such cases are given priority in
 investigation.
3. The problems is of mindset. The educated Indians are also
involved in such kind of behaviour in top organisations.
4. There has to be sense of fear in the mind of offenders. In India,
wherever the accused is influential, they have a much freer hand.
5. Any complaint which is false will also be dealt with strictly. It is
not that women can have a free hand and go about it. The women
has to realise that they cannot play the victim card all the time.
6. Challenges to women reservations in employment
1. Recently Bihar Government has proposed for 35% reservation to
women in state sector jobs.
2. Gender gap right from primary to higher education.
3. Insecurity at work place and women unfriendly work culture.
4. Patriarchal attitude within society is still prevalent like social
restriction on mobility.
5. Not too many jobs get created in public sector so this policy is
mostly symbolic.
7. Problems of women in police
1. Women form only 6% of workforce compelling them to accept all
professional biases, as their voice is unheard.
2. Working conditions like long work hours, over time duties, low
payment, inability to create balance between family and work
discourages many women from entering police.
3. Women are generally limited to desk jobs, affecting their career
advancement.
4. Lack of basic infrastructure like toilets, change rooms etc., in
police stations and during field jobs.
5. All women police stations, setup by some states are criticised for
creating gender insensitivities and segregation.
8. Steps to increase women in police
1. Increase women’s percentage in workforce to 33% as per 2nd
ARC recommendation.
2. Resolve issue pointed out at the 7th National Conference on
Women in police such as uniform shapes, poor travel facilities,
gun designs etc.
3. Making the work profile attractive by including provisions for
child care leave, allocating core law enforcement duties etc.
 4. Gender sensitisation courses for police personnel to allow a
conducive environment for women.
9. Importance of women’s legislature reservation bill
1. Representation: Only 14% of members in Parliament are women.
India currently ranks 109 in world in terms of percentage of
women candidates in parliament. States like Nagaland or Mizoram
for example, have no women MLAs. According to economic
survey said there are developing countries like Rwanda which has
more than 60% women representatives in parliament in 2017.
2. Political empowerment: Only more women in decision making
can ensure overall development i.e. socio-economic development,
financial independency of women, girl child education.
3. Social empowerment: Reservation is certainly needed to enable
women to cross the socio-gender hurdles and to give them a level
playing filed as their male counterparts.
4. Demographic dividend: India cannot tap the full potential of its
advantageous demographic profile by cornering out almost 50%
of its population.
5. DPSP: It is in line with the affirmative action by state enshrined in
our DPSP of the constitution.
6. BR Ambedkar once said that “political power is the key to all
social progress”. The newly elected 17th Lok Sabha has 78
women Members of Parliament (MPs), the highest since
independence. Before going for reservation in Parliament or state
assemblies, mandate reservation of women in political parties. It is
high time to establish a political consensus on the bill by
rectifying some deficiencies in the bill.
10. Opposition to the bill
1. It will take away the democratic right of 33% of electorate to elect
representative of their choice as 33% seats would compulsory be
filled with women.
2. Powerful male members may reserve seats for their women
relatives thereby defeating the very purpose of the bill.
3. Rotation of reserved constituencies in each election would dis-
incentivise an MP to work for his constituency because he may be
ineligible to seek re-election from that constituency.
4. There is patriarchy within the parties which is a reflection of
society itself.
 5. Traditional orthodox groups like khap panchayat etc., are in
opposition and political pressure over parties as loss of vote bank,
electoral calculations.
6. As political parties (PP) may have to give tickets to women
candidates irrespective of her vision matches with the Party’s
ideology thereby may escalate the incidence of Anti-defection.
11. Women need the 3C’s Confidence, Capabilities, access to Capital. Men
need to understand that women are their equals.

Global Gender gap report findings

1. The State to direct its policy towards securing for men and
women equally the right to an adequate means of livelihood (Article
39(a)). Equal pay for equal work for both men and women (Article
39(d)).
2. At the current rate of change, it will take 108 years to close the overall
gender gap and 202 years to bring about parity in the
workplace. Despite the global gender gap narrowing slightly in 2018,
proportionately fewer women than men are participating in the labour
force or in political life.
3. Women are under represented in growing areas of employment that
require STEM (science, technology, engineering and mathematics)
skills and knowledge.
4. Infrastructure needed to help women enter or re-enter the workforce –
such as childcare and eldercare – is under developed and unpaid work
remains primarily the responsibility of women. The economies that will
succeed in the fourth industrial revolution will be those that are best
able to harness all their available talent.
Feminisation of agriculture
Maternal health

1. State of maternal health in India

1. Relative to its level of economic development, India has a high
neonatal mortality rate. A leading cause of this is low birth
weight.
2. Women who do not gain enough weight during pregnancy are far
more likely to have low birth weight babies.
3. Data suggests that the 42.2 percent of Indian women are
underweight at the beginning of pregnancy.
4. Apart from poverty, social norms in India that accord low status to
young women in joint households, is responsible for this.
2. Shortcomings in maternal health
1. Institutional delivery rates in rural and urban areas were 28.9%
and 67.5% respectively as per NFHS-III in 2005-06. This is
grossly less compared to other countries.
2. Only 7% received antenatal checkup in third trimester. Postnatal
care too is grossly deficient.
3. Despite the Child Marriage Restraint Act (1978), 34 percent of all
women are married below the legal minimum age of marriage.
This causes problems of teenage pregnancy.
4. Women lack awareness of the importance of pregnancy care and
delivery taking place in a healthcare facility. Also, women’s lack
of decision making power within the family.
5. Direct fees as well as the cost of transportation, drugs and supplies
is high and unaffordable to many due to low income.
6. The poor quality of services, including poor treatment by health
providers also makes some women.
7. Cash entitlements under the scheme are to be transferred to the
beneficiaries bank account. The absence of universal financial
inclusion exacerbates this issue in undue delay in transferring the
benefits.
8. The idea behind the scheme IGMSY is to compensate women for
the wage losses during and after pregnancy. The amount of Rs.
6000 compensates women for a measly 30 days. This amount falls
 way short of the make, considering that the scheme seeks to
encourage 6 months of exclusive breast feeding.
3. Measure to improve maternal health
1. An improved, accountable health care at primary level is essential
for decreasing maternal mortality to the desired level.
2. Make the antenatal, intra-natal and postnatal services available to
women, located close to them. For this, linking hospitals by an
emergency transport and good referral system of network is
needed.
3. Ensure delivery by skilled attendant doctors.
4. National Food Security Act mandated a minimum cash
entitlement of Rs. 6,000 to pregnant women. But the challenge
remains getting this cash into the hands of pregnant women so that
it can be successfully converted to nutrition and rest. Thus, cash
transfer must be paired with education on the importance of
weight gain, the minimum gain required and ways to achieve it.
5. The cash transfer should be given in a single, lump sum payment
early in pregnancy to avoid delays, reduce administrative costs
and ensure that it is possible for the household to spend the money
on better food during pregnancy.
6. Survey shows that conditional cash transfer with easy to monitor
aspects such as attendance at village health, sanitation and
nutrition days, and weight gain during pregnancy and child weight
monitoring has helped.
7. PDS system needs to be made robust for availability of timely and
quality food.
8. Awareness generation about dietary habits which should be taken
up by the pregnant women. Rope in NGO, social workers for this
purpose.
4. Why government should spend more on maternal health
1. Investing on relatively low cost maternal and early life health and
nutrition programs offer very high returns on investment as the
most rapid period of physical and cognitive development occurs
in the womb, so in utero and early life health conditions
significantly affect outcomes in adulthood.
2. The success of subsequent interventions like schooling and
training are influenced by early life development. Tomorrow’s
 worker is today’s child or foetus and which needs to be taken care
of.
3. Despite recent progress, India generally under performs on
maternal and child health indicators. This affects our performance
in SDG goals.
4. Evidence shows that countries with better maternal and infant
health at takeoff grew faster over the subsequent 20 years.
5. How to solve Malnutrition problem
1. States like Mizoram which have lower state GDP have lesser
instances of stunting compared with states like Haryana where
stunting instances are more.
2. Providing Prenatal and postnatal nutrition support to both mother
and the child. This is being done using the Integrated Child
Development Scheme (ICDS) and National Food Security
Mission.
3. Ensuring right vaccination to the mother and child which is being
pursued by mission Indradanush.
4. Empowering women is effectively empowering the child. Bank
accounts and gas connections in the name of the women.
5. Sarva shiksha Abhiyaan (SSA) has helped to reduce hunger in the
classrooms. States like Tamil Nadu have come up with schemes to
provide nutritious breakfast also to school students apart from the
mid day meal scheme.
6. Regular health check up in schools can help us identify the
syndrome at an earlier stage so that we can act upon before it is
too late. Health camps in schools need to be more than just a
formality.

Sexual harassment at workplace

Girl child

1. UNICEF defines child marriage as marriage before 18 years of age and

considers this practice as violation of human right. As per the law in
India, a child marriage is one in which the girl is below the age of 18
years and the boy is below the age of 21 years. As per National Family
Health Survey (NFHS), 26.8% women were married before 18 years of
 age.
2. Why child marriages happen
1. Where poverty is acute, giving a daughter in marriage allows
parents to reduce family expenses by ensuring they have one less
person to feed, cloth and educate. Groom’s family is also happy to
marry off, as they get instant money in the form of dowry.
2. Many parents marry off their daughters young because they feel it
is in her best interest, often to ensure her safety in areas where
girls are at high risk of physical or sexual assault.
3. In many communities where child marriage is practised, girls are
not valued as much as boys. So, to ease the burden parents marry
off their children early.
4. Child marriage is a traditional practice that in many places
happens simply because it has happened for generations and
straying from tradition could mean exclusion from the
community.
5. Prohibition Act not being implemented strictly, superstition of
tribes and complicit administration.
6. Political will is also lacking due to vote bank culture and lack of
women politicians.
3. Solutions
1. Spread awareness through media (newsprint, TV, radio), street
plays, awareness drives by health workers, anganwadis, schools
etc. Improve literacy rate, adult education programs. These can
help in bringing a attitudinal change among people.
2. Poverty alleviation programs such as National food security
mission, PM Awas yojana, MGNREGA, Integrated rural
development Program, National Family Benefit Schemes,
National maternity benefits scheme etc. to be implemented
especially in backward districts.
3. Strict law enforcement should be done. Special task force should
be deployed for the purpose. Police along with the help of NGOs,
civil rights activists, local people can prevent child marriages.
4. Roping in religious leaders and persuading them to fight against
child marriage.
5. Young girls must be empowered by enabling easier access to
schemes like Beti Bachao Beti Padhao, Sukanya Samridhi Yojana
 etc.
6. Special focus on victims of child marriage should be placed.
Specialised mission to rescue girls forced into agricultural labour
and flesh trade, their rehabilitation through Skill India mission.
4. The practice of child marriage has historical roots in India and it
remains prevalent today. The struggle with poverty and too much
emphasis on the purity of women with patriarchal views has fostered
with practise.
10. Governance
Good Governance

Consumer protection act, 2019

1. The act aims to address consumer vulnerabilities to new forms of unfair

trade and unethical business practices in the fast-changing new age
economy.
2. Key features of the act
1. A consumer is defined as a person who buys any good or avails a
service. It covers transactions through all modes including offline,
and online, teleshopping, etc.
2. Act defines various “consumer rights” like protection against the
marketing of goods, products or services which are hazardous to
the life, the right to consumer awareness, right to to be informed
about the quality of goods/services.
3. Central Consumer Protection Authority will be set up to promote,
protect and enforce consumer rights.
4. Consumer Disputes Redressal Commissions will be set up at the
District, State and National levels for adjudicating consumer
complaints. District: Up to Rs one crore; State: Between Rs one
crore and up to Rs 10 crore; National: above Rs 10 crore.
 5. Product liability means the liability of a product manufacturer,
service provider or seller to compensate a consumer for any harm
or injury caused by a defective good or deficient service.
6. The Act recognizes and addresses the menace of unilateral and
unfair contracts.
3. Issues

1.
4. The Act is a much-needed step to overhaul the archaic consumer
protection law that was increasingly becoming redundant in protecting
the interests of Indian consumers in this age of digitization.

Digital connectivity

1. According to the Internet Trends 2017 report, only 27 percent of India’s

population (355 million users) uses the internet.
2. Current situation
1. The Digital India scheme launched in 2015 brought the topic of
digitization to the forefront of public discourse.
2. In 2011, the scheme for the creation of a National Optical Fibre
Network (NOFN) was initiated to connect all the GPs of the
 country with high speed internet. The last mile connectivity is to
be provided at all GPs in the country, funded by the Universal
Service Obligation Fund (USOF).
3. The National Information Infrastructure (NII) will ensure the
integration of the networks and cloud infrastructure to provide
high speed connectivity to various government departments up to
the panchayat level. The components of NII include networks
such as the State Wide Area Network (SWAN), National
Knowledge Network (NKN), BharatNet, Government User
Network (GUN) and the MeghRaj Cloud.
4. The government also launched the Public Internet Access
Programme to make 2,50,000 common service centres (CSCs)
operational at the gram panchayat level to deliver government
services online.
3. National e-Governance plan
1. The objective of the plan is to make all Government 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 realise the basic
needs of the common man. The plan consists of 27 Mission Mode
Projects (MMPs).
4. Challenges facing MMPs
1. Lack of dedicated teams, inadequate engagement with the key
stakeholders and issues in project management due to the sheer
scale and diversity of very large projects.
2. Lack of inter-departmental coordination, duplication of
infrastructure, inadequate business process reengineering (BPR),
delays in obtaining necessary approvals, and exit management for
PPP projects.
3. Some MMPs pointed out that recognition of electronic records is
still an issue despite the legal mandate provided by the IT Act for
the same. In some cases, BPR needed legal enactments to be
implemented.
4. Delays in release of funds to the states and their utilisation is a
major challenge in making projects go live in those states.
5. There is general lack of awareness regarding benefits of e-
governance as well as the process involved in implementing
successful G-C, G-G and G-B projects.
 6. There is also lack of trust form the side of people on e-governance
platforms.
7. The services are also not provided in the local language, which
keeps many illeterates away from such services.
8. Lack of penetration of internet in many areas also leads to
problems. Inequality between people in the social system in
having access to and use of e-government services.
5. Solutions
1. The MMPs should redefine their service delivery strategy with a
renewed focus on outcome orientation rather than the inputs used.
2. There is tremendous scope for exploiting the new and innovative
technologies such as cloud computing and mobile platform for
making rollout of services faster and more resource efficient.
3. Use of local languages in applications can facilitate easy access to
them for the people.
4. Ensuring inter-departmental coordination and coordination among
the central ministries and state government departments are sine-
qua-non for the success of any project. They are also vital in
avoiding unnecessary duplication of efforts.
5. The importance of dedicated project teams cannot be over
emphasised. Disseminating proper information and empowering
the key stakeholders can go a long way in ensuring the success
and sustainability of the projects.
6. Utility to Panchayat
1. Gram sabha meetings, village land records, updating of citizen
databases, effective performance monitoring of Panchayats.
2. Intra village, intra-district sharing of practices and resources
communication with block and district.
3. Sharing of agricultural practices, productivity techniques, small
enterprises, vocational learning.
4. Delivery of services including health, education and finance, etc.
A single point of Government to citizen interaction for centrally
sponsored schemes and Grievance redressal.
5. Developmental planning of road, transportation and power
connectivity. Knowledge connectivity in the form of good
educational and training institutions. Provision of drinking water
and upgradation of existing health facilities. Market connectivity
to enable farmers to get the best prices for their produce.
7. Mobile governance
1. M-Governance allows for the use of mobile wireless
communication technology within the government administration
and tool for delivery of information and services to citizens and
business.
2. In India, M-governance can help enhance accountability and
transparency as the penetration rate is ever increasing. Mobile
phones can reach areas where no other ICT infrastructure can
reach. Also, it has become an integral part of people’s lives and
therefore adoption is easier and facilitates real time interaction.
8. Uses of Mobile governance
1. Agriculture: Farmers may receive alerts and advices through
SMS based applications. These applications also help them learn
about marketing prices without having to physically visit the
markets. For instance, mobile devices are used to disseminate
IMD’s weather information, Kisan call centre’s agriculture related
queries.
2. Health care: SMS based applications for information data
sharing, expert advice, registration for public health service,
appointment alerts and notifications can be done.
3. Financial services: Mobile banking, financial transactions
information retrieval etc may be done through mobile governance.
All the public and private sector banks in India are providing
different services through mobile phones.
4. Transportation: Applications for updates, m-ticketing, etc.
5. Other Services: Indian post status tracking for instance is an app
that may be used for tracking post status.
9. Challenges
1. Cost: M-governance is likely to be an additional channel for
service delivery which will create additional costs.
2. Low levels of literacy: Most mobile phones and applications have
text driven interface making it near impossible for users to obtain,
read and get any information provided by the Government.
3. Lack of knowledge of English: As most mobile device
applications are developed using English language, it tends to act
as a hindrance in usage.
4. Security: If m-Governance is to include m-payment system or
other transactional public services then it must have good security
 and must be trusted.
5. Data overload: Mobile devices increase the pressures of a world
in which users are permanently connected. These connections
increase the number of messages circulating and can cause a
blizzard of communications by spam, junk and unwanted
messages.
10. E-governance in India is focussed on ‘e’
1. National judicial data grid (NJDG) was started to give litigants
and others the consolidated figures of pending cases in the
country’s district Judiciary. But it has not led to reduction in
pendency of cases.
2. e-NAM was launched by government. eNAM is an online inter-
connectivity of mandis to enable farmers to get better price of
their produce. Situation at the grass root level is different. Inter
connectivity will be possible when the transport and storage
system will be efficient.
3. RTI can be accessed online, but understaff manpower leads to
delays.
4. National land record modernisation programme has not resulted in
reduction in land disputes due to absence of land title law.
5. Depot online system of state run FCI has been launched to bring
transparency and minimize storage losses of food grains but these
changes requires strong ground level efforts not superficially.
6. We need to understand that technology can only help in providing
faster access but is not panacea to structural problems. For
example, in the absence of judicial reforms, periodic updation of
citizen charter, administrative reforms in terms of business
process restructuring, the e-governance will merely remain e
without governance.
7. It has been found that wherever enabling infrastructure has been
provided e-governance has shown good results. For example,
Telangana government right to clearance act, Shram Suvidha
portal (labour reforms), PRAGATI platform (cooperative
federalism), etc.
8. Efforts for digital literacy, bridging digital divide need to be
undertaken actively so that e-governance is more inclusive and
participative. By plugging in the loopholes with approach to bring
in change in lives of people, e- governance assures us a promising
 future.
11. IT-BPS
1. Government’s rapid adoption of technologies as a platform to
delivery of G-G and G-C services is a tremendous push factor for
the domestic IT-BPM market.
2. The Government of India is also taking a lead in adopting digital
technologies and is one of the most proactive users of social
media as a means to communicate with the public.
3. It has developed its own cloud platform, MeghRaj. The focus of
this initiative is to accelerate delivery of e-services while
optimising ICT spending of the Government. It also intends to
make India a hub for cyber security solutions for the world.
4. Through long-term initiatives like Digital India, Make in India,
Smart Cities, e-Governance, push for digital talent through Skill
India, drive towards a cashless economy, efforts to kindle
innovation through Start-up India, etc., uptake of technology is
expected to grow substantially in the future.
12. Some of the government initiatives to promote digital literacy
1. National Digital Literacy Mission (NDLM) has been initiated with
the vision to empower at least one person per household with
crucial digital literacy skills by 2020.
2. The Pradhan Mantri Gramin Digital Saksharta Abhiyan
(PMGDISHA) being initiated under Digital India Programme
would cover 6 crore households in rural areas to make them
digitally literate.
3. Vittiya Sakshartha Abhiyan (VISAKA), the purpose of which is to
actively engage the students of Higher Education Institutions to
encourage and motivate all payers and payees to use a digitally
enabled cashless economic system for transfer of funds.
13. As print medium begins to die out, the ability to comprehend
information found online becomes more and more important especially
in the financial domain. India being a major economy must reap
benefits of digital age for which digital literacy is inevitable.

Real-time Governance of AP

1. The main mission of Real-Time Governance (RTG) Centre is to

 handle all the important events and natural calamities on real-time
basis, leveraging e-governance technology and electronic
communication. Real-time Governance (RTG) Centre helps the
government monitor all the schemes, keep a vigilance on people and
demand accountability from officials.
2. The RTGS consists of a state centre and 13 district data centres. The
core team operates from RTG state centre with data input from people
hub - which hosts the data of all the households along with
government benefits they receive, which, in turn, is linked with
various government departments and call centre to serve as grievance
redressal platform and surveillance and communication wing.
3. Areas of operation in RTG
1. Grievance management (through a call centre called Parishakara
Vedika).
2. Beneficiary feedback (on service delivery of social welfare
benefits, pensions, etc).
3. Data mining and analytics (performance measurement system at
state level focusing on programme outcomes and dispensing
feedback to officials at multiple administrative levels).
4. Coordination and crowd sourcing (application of Big Data for
designing welfare projects in the state).

Panchayat extension act (PESA)

1. PESA act extended the provisions of Panchayats to the tribal areas of

nine states that have fifth schedule areas. It directs the state government
to endow powers and authority to make Gram sabha and panchayats
function as institutions of Local Governance.
2. Every legislation must be in conformity with the customary law, social
and religious practises and traditional management practices of the
community resources. PESA also gives various special powers to the
Gram sabhas in scheduled areas especially for the management of
natural resources.
3. Limitations
1. Limited applicability: It is applicable only to those areas which
are legally regarded as Scheduled Areas. A significant number of
tribals living outside the scheduled areas are not covered by this
legislation. Some State Governments upgrade rural panchayats in
 scheduled areas to urban panchayats to bypass village council’s
approval process.
2. Lack of coordination at centre: Two different ministries, the
Ministry of Panchayati Raj and the Ministry of Tribal Affairs,
have overlapping influence on the implementation of PESA and
they function almost without any coordination.
3. Awareness: Lower level of awareness and education among the
tribals also come on the way of raising assertive voices.
4. Tax autonomy: Panchayats have not been given adequate
responsibilities to levy and collect taxes, fees, duties or tolls. This
severely limits their financial and functional autonomy.
5. Bureaucratic mindset: The mindset of the government
functionaries who think tribal people as an inferior species who
need to be told what is good for them and the other is the existing
state government laws and provisions that negate the PESA act.
6. Governor’s apathy: Despite the fact that PESA Act gives them
limitless power to enforce the law and protect interests of the
marginalised tribals. Tribal activists informed that not even in a
single instance, have the Governors responded to their petitions
for interventions in threatening crisis.
7. Communities split: Companies split tribal communities by bribes
and coercion. Widespread transfer of tribal lands into non-tribal
hands through fraud and forcible occupation.
8. Maoist threat: The autonomous and non-violent resistance of
tribals to destructive mining has often been misrepresented as a
Maoist threat. This is used to crush spontaneous opposition of
tribals to be displaced leaving them displaced and left to the
mercy of fate.
4. What should be done
1. There are two different ministries, namely, the Ministry of
Panchayati Raj and the Ministry of Tribal Affairs that have
overlapping influence on PESA and they virtually function in
isolation. Merging of these two ministries should happen for
effective implementation of law.
2. The letter and spirit of the Samata Judgement should be enforced
in all acquisition of tribal land for private companies. ‘Land for
Land’ must be a fundamental requirement for acquisition of tribal
lands.
 3. Social audit rules on lines of AP state Govt for MGNREGA
should be issued for all government programs in Schedule 5 areas.
A national citizen’s panel for PESA should be constituted.
Eminent citizens should be empanelled for each of the PESA
districts.
4. There is a complete absence of functioning grievance redressal
mechanism to address a routine violation of rights of villagers
from the tribal community. This furthers the community’s sense of
alienation.
5. The full fledged implementation of PESA will give 50,000 crore
to tribal communities to develop themselves. It would deal a
bigger blow to the Maoists active in the PESA districts.
6. Civil society can play a major role in thwarting vested interests.
They can provide voice to the grievances of poor tribals and make
them aware of their rights.

Forest Rights act, 2006

1. The Forest Rights Act, 2006 is a result of long struggle by the tribal
communities to assert their rights over the forest land over which they
were traditionally dependent. This act provides for the restitution of
deprived forest rights across India, including both individual rights to
cultivated land in forest land and community rights over common
property resources.
2. Significance of the act
1. For the first time forest rights act recognises and secures
community rights over common property resources (CPR) of the
communities in addition to their individual rights.
2. They are granted ownership of minor forest produce (MFP).
3. It secures rights over disputed lands.
4. It secures right to intellectual property and traditional knowledge
related to biodiversity and cultural diversity.
5. It secures rights of displaced communities and for empowerment
of these communities, the FRA clarified that these communities
had the sole right to sell proceeds from forests.
6. Right to in-situ rehabilitation including alternative land in cases of
illegal displacement.
3. Challenges in implementing FRA
1. Consent resolutions passed by Gram Sabhas are getting forged by
interested parties for land diversion. Lack of regular elections to
panchayats. In all most all the states, the Forest department has
acquired effective control over rights recognition process in FRA.
2. There are problems of coordination between forest, revenue and
tribal departments in areas of land rights, etc. Forest rights
committees (FRC) do not have desired infrastructure and technical
know-how to keep the records relating to land claims etc.
3. The main target group of this Act are mostly illiterate and
therefore filling and submission of forms regarding the claims
becomes very difficult. In this situation many middleman and
some bad elements starts operating with vested interest.
4. There is emphasis on recognising individual claims while ignoring
collective claims.
5. The concerned ministries look at FRA as a hurdle to development
and try to circumvent it rather than ensure its effective
implementation. FRA is often in conflict with other laws. Ex:
Rights in protected areas like wildlife sanctuaries, national parks
etc.
6. Saxena committee pointed out several problems in the
implementation of FRA. Wrongful rejections of claims happen
due to lack of proper enquiries made by the officials.
4. Recent supreme court order
1. The Supreme court has recently ordered the eviction of lakhs of
people whose claims as forest dwellers have been rejected under
the Forest Rights Act, 2006.
2. This order negates the claims of citizens under special protection
of the Constitution, viz. the Scheduled Tribes and other vulnerable
communities. According to Xaxa Committee on tribal welfare,
60% of the forest area in the country is in tribal areas — protected
by Article 19(5) and Schedules V and VI of the Constitution.
3. Xaxa Committee observed that claims are being rejected
without assigning reasons
1. Based on wrong interpretation of the Other Traditional
Forest Dwellers definition.
2. Simply for lack of evidence.
3. Absence of GPS survey.
 4. Because the land is wrongly considered as "not forest land",
or because only forest offence receipts are considered as
adequate evidence.
4. The rejections are also not being communicated to the claimants,
and their right to appeal is not being explained to them.
5. These observation proves that flaws exist in administrative
mechanism and the executives are solely responsible for it. But
the recent Supreme Court order tends to undermine the essence of
Checks and balances implied in the constitution of India.
6. Further the order violates, Article 19 (5) specifically enjoins the
state to make laws “for the protection of the interests of any
Scheduled Tribe”, is vital.

Sixth schedule

1. Article 244 of the Constitution envisages a special system of

administration for certain areas designated as ‘scheduled areas’ and
'tribal areas'. 6th schedule contains the special provisions for the
administration of tribal areas in the state of Assam, Meghalaya, Tripura
and Mizoram. The tribes in these states have distinct ethnic-
anthropogenic and cultural identity not found in any other tribal areas of
the country. Similarly they are backward in the terms of socio-
economic development.
2. Considering this, constitution has provided them a special treatment by
providing autonomous district councils (ADC) in these tribal areas.
Major objective of the government is to provide them with considerable
amount of autonomy for promoting self rule under democratic
framework. The Autonomous district councils (ADCs) have not more
than 30 members, elected by adult suffrage and not more than 4
members in it are nominated by the governor.
3. Provisions of 6th schedule
1. Autonomous districts: The tribal areas in these states have been
constituted as autonomous districts, each of which has an
autonomous district council (ADC) and each autonomous region
has a separate regional council consisting of 30 members.
Currently, there are 10 such councils.
2. Legislative powers: The autonomous district councils have the
powers to make laws on land, forest use, aquatic body of the
 district or region, regulation of Jhum cultivation etc., within the
district.
3. Judicial powers: They may constitute courts for the trial of suits
and cases between the parties all of whom belong to Scheduled
Tribes within such areas or district.
4. Tax revenue: The district and regional councils are empowered to
assess and collect land revenue and to impose certain specified
taxes.
5. Other powers: The district council for an autonomous district
may establish, manage primary schools, dispensaries, markets,
cattle pounds, ferries, fisheries, roads, road transport and
waterways in the district with the previous approval of the
Governor.
6. State governors too were given a protective role, such that they
could make regulations about transfer of land from tribals to non-
tribals.
4. Positives
1. The funds allocated to the MPs and MLAs for local area
development purpose are successfully being executed through the
councils.
2. Decentralisation of administrative and legislative functions to the
grass root level following the principle of subsidiarity, have led to
empowerment of otherwise alienated sections of the society.
3. Many social service scheme implementations have shown positive
results under these councils.
4. For example, to motivate the jhum cultivating families, the
Council took up a step to develop the region by promoting
different schemes under horticulture, this rehabilitated 455
families and boosted agricultural and horticultural production in
the region.
5. Negatives
1. Financial crisis: These councils are facing financial crisis as they
are not covered by State finance commission (SFCs). Thus, PRIs
in non-6th schedule areas are liberally funded.
2. Functional overlap: Some sixth schedule protected areas have
graduated from districts into states, such as Mizoram and
Meghalaya. Here, the councils overlap the normal district
administration and PRIs.
 3. Lack of skilled professionals: Almost all Councils do not have
access to planning professionals which results in ad-hoc
conceiving of development projects without proper technical and
financial consideration.
4. Lack of codification of customary law: Customary laws need to
be codified and brought into practical use to ensure protection of
tribal cultural identity.
5. Decentralization of powers has not taken place in many 6th
schedule areas. For example, in the Bodo Territorial Area districts,
there is only district council which elects few people who enjoy
unbridled power. The members of the councils need to be trained
and participation and involvement of the people needs to be
enhanced too.
6. Some members of autonomous council are helping in siphoning of
money to the extremist group factions. For example, north cachar
autonomous council is under scrutiny of NIA and CBI.
7. The laws made by the councils require the assent of governor.
This process has no time limits, thus legislations get delayed for
years. There are differing views over the discretionary power of
governors.
8. Because of presence of more than one autonomous council, there
are allegations of one being treated less favourably than other. For
example, in Assam, there is a perceived preferential treatment to
Bodoland Territorial Council (BDC) in matters of budget
allocations.
6. Remedies to 6th schedule problems
1. There is a need that Sixth Schedule is amended and Autonomous
Councils are made to benefit from the recommendations of the
SFCs.
2. State governments and the Autonomous Councils should identify
powers under the Sixth Schedule that Governors may exercise at
their discretion without having to act on the aid and advice of the
Council of Ministers.
3. The administration of the district autonomous councils should be
periodically reviewed by a commission under Union Government.
4. Creation of elected village councils in all areas and ensure
accountability of village councils to the Gram Sabha.
5. Inclusion of women leaders in the elected council.
 6. Tribal Panchsheel of Nehru. Tribal sub-plan, which earmarks
budgets to specific plans.

Governance

1. Constraints in delivery of public services

1. There is extreme fragmentation in the policy making structure. For
example, formulation of policy in one area, for instance health,
fails to take into account its effect on other social sectors like
education, housing, employment etc.
2. With the result there is non-alignment of the policies across all the
common issues. This is responsible for poor results in governance
and delivery of services.
3. There is an excessive overlap between policy making, programme
formulation and implementation which creates a tendency to focus
on operational convenience rather than on public needs and
expectations.
4. There are inadequate non-governmental inputs and informed
debate in the policy making processes.
2. Social audit is legally mandated process where beneficiaries evaluate
the implementation of a programme by comparing official records with
ground realities.

3.
4. Need for social audit
1. Reduces corruption: SA uncovers irregularities and malpractices
in the public sector and maintains oversight on government
functioning, thus reducing leakages and corruption.
2. Monitoring and feedback: It monitors social and ethical impact
of an organisation’s performance and provides feedback on the
work.
3. Accountability and transparency: SA ensures accountability and
transparency in working of local government bodies and reduces
trust gap between people and local governments.
4. Participative and democratic: SA promotes participation of
people in implementation of programmes and makes people more
forthcoming for social development activities.
5. Strengthens the Gram Sabha: SA gives voice and influencing
power to the Gram Sabha, the lynchpin of rural governance
structure.
6. Generates demand: Serves as the basis for framing the
management’s policies by raising demands in a socially
responsible and accountable manner by highlighting the real
problems.
7. Improves professionalism: SA boosts professionalism in public
bodies by forcing Panchayats to keep proper records and accounts
of the spending made against the grants received from the
 government and other sources.
8. Collective platform: SA provides a collective platform for people
to express their common needs, resulting into social cohesion.
5. Shortcomings in Social audits
1. Rules not followed: In many states, Social Audit Units (SAUs)
don’t seek record from Gram Panchayats regarding execution of
works and expenditure (CAG report), social audit reports are
either not prepared or not made available to gram sabha in local
languages.
2. SAUs lack independence: Several SAUs do not have adequate
staff to cover all the panchayats even once a year.
3. No incentive to participate: Lack of interest in people about the
village activities due to their livelihood reasons.
4. Not institutionalised: Government has not mandated
institutionalisation of SA thus making auditors vulnerable to
implementing agencies, who face resistance and intimidation and
find it difficult to even access primary records for
[Link] is lack of administrative and political will in
institutionalising social audit to deter corruption.
5. The scope of social audits covers only selected aspects out of a
wide range of audit concerns in the financial, compliance and
performance audits.
6. The impact of audit on programme outcomes such as employment
generation, targeting of the SC/ST population is often absent.
7. The audits did not result in effective redressal due to lack of
follow up and enforcement of punishments. There is absence of
vigilance cells in most of the cases. Lack of focused media
attention and scrutiny to social audits.
8. There is clear lack of awareness among people. Inadequate access
to data and lack of expertise are other obstacles.
9. The involvement of local representatives in malpractices has
sometimes resulted in resistance to social audits.
6. Suggestions to improve social audits
1. Making people aware of their rights, entitlements and obligations
under the scheme.
2. Ensure institutionalisation of social audits across all states making
it enforceable and credible contract allocating responsibilities,
defining timelines and ensuring prompt penalty to the guilty.
 3. Making sure that all the forms and documents are in simple, easily
understandable language and structure and available in local
languages.
4. Findings of the social audit process need to be acted upon as they
become available and that apart from addressing the specific
issues, systemic changes are also brought about.
5. Learning from the progress made by the civil society groups and
Gram Sabhas in Andhra Pradesh and Rajasthan in setting up
separate directorates for social audit, other states can also
introduce such measures.
6. NGOs can help in strengthening social audits such as MKSS in
Rajasthan.

Various qualifications for Panchayats

1. Recently SC has upheld the amendments to the Haryana Panchayati Raj

Act, 1994. Amendments introduce certain disqualifications for
contesting panchayat elections, like lack of formal education, lack of
sanitation and indebtedness. The amendment was challenged for
violating right to equality.
2. Judgement
1. The court observed that the illiteracy, lack of sanitation etc., are
due to lack of requisite will, rather than only due to poverty.
2. The court also tried to link education with competence to
effectively discharge duties of the Panchayats.
3. The court further justified the logic of debt based disqualification
by stating that election is an expensive affair, and that a debt
ridden person would not, in any case, be eligible to contest.
4. Therefore, it upheld the amendments to promote social good in the
society.
3. Pros
1. This ensures that the proxy candidates are not fighting elections
which come from local families who are traditionally in politics in
villages. Family tries to wrest power at as many points they can by
projecting all their candidates and hence excluding new comers in
politics.
2. So this type of act will help new generation to join local politics as
 many traditional local Sarpanch will be forced to retire after this
new law.
3. This act will motivate masses to study at the time when primary
education is fundamental right.
4. Local Government is the first point of interaction between public
and state. So the need to provide quality services and for this they
need to be literate.
5. The apex court held that the classification of persons with two or
less children was not arbitrary and the disqualification seeks to
promote a national programme by creating disincentives.
6. The court also looked into the functions given to Panchayats and
noted that family welfare was an important function assigned to
Panchayats and the legislation to disqualify therefore served one
of the important objectives. So, similarly this also is necessary.
4. Cons
1. It can lead to a race to procure bogus certificates of educational
qualification.
2. It violates Article 14 that is of right to equality. Old people who
had no means to study in their times will be excluded, without any
fault on their part.
3. Only local elections can accommodate downtrodden people who
have limited means to fight elections. The most affected due to
this is are women, people from backward classes especially SCs
and STs because of their historical disadvantage of not having
access to education.
4. It would strengthen the domination of upper castes. There is a
chance of increasing violence against backward classes and
women which was checked till now by political participation of
these classes.
5. Formal education cannot suggest that a person is desirable for a
constitutional post or not. If we go by this ordinance then tall
figures like Guru Rabindranath Tagore and Kamraj will stand
disqualified.
6. It looks weird that a person who is not qualified to be elected as
Sarpanch, is eligible to be elected as Member of Parliament (or
even Prime Minister). This should have been done on the basis of
empirical data, deliberation and consultation with various stake
holders.
Cooperative sector

1. Yuva Sahakar has been launched by NCDC to attract youth in

cooperative business ventures. It would encourage cooperatives to
venture into new and innovative areas.
2. Constitutional and statutory provisions
1. Directive Principle: Article 43, enjoins the State Government to
promote cottage industry on an individual or cooperative basis in
rural areas.
2. It is a state subject under entry no.32 of the State List of the
Constitution of India.
3. Right to form cooperatives is a Fundamental Right under Article
19.
4. Statutory provisions: NCDC is the statutory organisation (under
Ministry of Agriculture & Farmers Welfare) functioning as an
apex financial and developmental institution exclusively devoted
to cooperative sector.
3. Limitations of cooperative sector
1. There is a complex hierarchy of bureaucratic power in regulating
cooperative sector. Ex: Registrar of cooperative societies. It has
gone against the very logic of the cooperative movement.
2. There is politicisation of cooperative leadership. The boards of a
majority of cooperative bodies are dominated by politicians.
Politicians introduces decay in the system.
3. Self-help has been envisaged as a basic tenet of cooperatives. But
governments have provided financial and other support to
cooperatives which increased dependency of cooperatives. A
cooperative endeavour should necessarily depend on its own
[Link] growth and expansion should be evolutionary.
4. The vital link in cooperative finance system i.e. cooperative banks
itself remains very poor. They are too small to operate properly
and some of them are existing only on the paper. The NPAs are
also higher.
5. The other important missing value is the member centrality.
Cooperatives are meant to serve the member community unlike
outward looking organisations such as the corporates. The focus
of the activities of a cooperative organisation needs to be on its
 members.
6. Inability to ensure active membership, speedy exit of non-user
members, lack of member communication and awareness building
measures.
4. Cooperatives have immense potential to deliver goods and services in
areas where both the state and the private sector have failed. Agriculture
and its allied activities are areas which have benefitted due to greater
role of cooperative movements.

Prison reforms

1. In an acknowledgment that the more than a century-old system of

prisons in India needs repair, the Supreme Court (SC) has formed a
committee on prison reforms.
IPCse
Witness protection scheme
Whistle blower protection
Micro-finance
1. Micro-finance presented a good alternative in rural areas where there is
lack of access to formal banking channels. It helps in financial inclusion of
the rural areas.
2. Advantages
1. There is personal contact between lender and borrower. So, easier to access
finance.
2. Usually no collateral is required for getting loans.
3. Adequate repayment methods are provided thus reducing burden on poor
borrowers.
4. It helped the poor to set up micro-industries, invest in agriculture, or meet
emergency need.
5. It was successful in women empowerment as women comprises more than
half of borrowers. The micro finance when combined with the SHGs gave an
effective development model.
6. It increased savings rate in the country by increasing saving habits among
poor.
3. Limitations
1. The volatile combination of profit-seeking companies, minimal
competition, and ill-educated borrowers has opened up dangerous potential
for exploiting the poor.
2. Due to high demand, interest rates have gone up.
3. They are not available in very remote and sparsely populated areas.
4. Another problem with MFIs and SHGs particularly in rural areas is capture
of finance by dominant castes.
5. There are lack of capacities to screen and evaluate the business proposals
for which lending is done.
6. Multiple lending, over-borrowing and ghost borrowers reduce efficiency of
MFIs.
4. MFI is a potent tool to reduce poverty and increase economic development
of the country. It needs to be better regulated for continued success.

River cleaning
1. River cleaning has been an important priority for last few decades. But
despite such focus, rivers are yet not cleaned up completely. A government
report states that half of the rivers are polluted. NGT lamented the fact that
although Rs. 7000 crore has been spent on cleaning Ganga in last two years
without any further improvements.
2. Pollution abatement works so far
1. Interception and diversion works to capture the raw sewage flowing into
the river through open drains and divert them for treatment. Sewage
Treatment Plants (STP) for treating the diverted sewage.
2. Low cost sanitation works to prevent open defecation on river banks.
3. Electric crematoria to conserve the use of wood and help in ensuring proper
cremation of bodies brought to the burning ghats.
4. River front development works such as improvement of bathing ghats etc.
5. Other measures like plantation, public awareness, etc.
3. Reasons of failure
1. Government has so far adopted only engineering centric approach to solve
the problem with undue emphasis on creation of sewage treatment plants. It
should also approach it as a social engineering problem through which people
living on or around the banks of the rivers are involved.
2. Minimum water flow has not been maintained due to encroachments upon
and diverted for construction and development activities.
3. Sufficient budgetary allocations have not been made.
4. A town approach was adopted instead of a holistic river basin approach
before constitution of the National Ganga River Basin authority.
5. Delays in completion of schemes due to lack of inter-agency coordination
at field level, delays in acquisition of land for STPs and pumping stations,
contractual problems, court cases, etc., leading to cost overruns.
6. Shortage of skilled manpower and regular staff and inadequate provision of
funds by the states and ULBs for sewage treatment infrastructure.
7. Non-availability of power supply for operation of assets, under utilisation
of STPs due to non-conveyance of sewage generated in the absence of
upstream systems such as branch sewers and house connections.
8. Lack of involvement of civil society.
4. Measures by Govt to clean rivers
1. Ganga action plan and Yamuna action plan to clean Ganga and Yamuna.
2. Namami Gange project to overhaul river cleaning methods.
3. Under Swachh Bharat mission (SBM) a massive cleanliness drive at the
banks of various rivers is done.
4. Concern for sewage treatment and giving clearances to new sewage
treatment plants.
5. Measures for improved outcomes
1. Projects should be based on comprehensive approach. That is river basin
approach should be followed rather than town centric approach.
2. PPP models proposed in states for better implementation.
3. Project appraisal by reputed institutions. Water quality monitoring by
reputed institutions like IITs.
4. Empowered state river conservation authorities to increase the capacity of
the state governments to oversee the cleaning process.
5. Community mobilisation by taking help of NGOs.
6. Online data transmission, public access to Water Quality Management data,
and bio-indicators needs to be included. Research Advisory Committee set up
to encourage innovative technologies.
6. How Namami Gange is different
1. Focus: Earlier plans had a town centric approach which focused mostly
upon famous towns but Namami Ganga will look at the entire basin while
planning. Namami Gange also includes tributaries of Ganga which was
neglected by GA.
2. Urban sewage: Namami Gange wants to rope in corporates to create and
maintain STP. They are incentivised by guaranteed payments and they can
also sell treated water.
3. Rural sewage: Rural sewage was never a major focus because of which
almost all of it goes untreated. Namami Gange wants to adopt the Seechewal
model used in a Punjab village which developed community ownership.
4. Industrial effluents: Though there were regulations to industries to create
Common Effluent Treatment Plants, ensuring zero liquid discharge etc., they
were not enforced. It ensures time bound implementation of these or else
industries will be shut down.
5. Surface treatment: Trash skimmers are being imported to clean the
surface.
6. Dead bodies: Ganga action plan had provisions for electric crematoriums
but Namami Ganga must see that it is implemented.

Inter-state river water disputes

1. India has about 20 major river basins running through the nation and
many of these traverse more than one state. This leads to conflicts
regarding the use and distribution of water posing a serious threat to
India’s federal polity such as Cauvery Water dispute, Mahanadi Water
dispute etc.
2. Constitutional provisions for River Water Dispute
1. Water is in the State List. It is Entry 17 of the list and hence, states
can legislate with respect to rivers.
2. Entry 56 of the Union List, however, gives the Central
government the power to regulate and develop inter-state rivers
and river valleys.
3. Article 262 also states that the Parliament may provide for the
adjudication of any dispute with respect to the use, distribution or
control of the waters of, or in, any inter-State river or river valley.
4. As per Article 262, the Parliament has enacted the following River
Board Act, 1956 and Inter-State Water Dispute Act, 1956.
3. Reasons for inter-state river water disputes
1. Limited water supply: With most of the rainfall concentrated in
few months, India experience a drought like situation in pre-
monsoon season giving rise to river disputes.
2. Inefficient water usage: Growing water intensive crops in dry
areas, reduced use of traditional water harvesting mechanisms,
free power and enhanced impetus on flood irrigation have created
deficiency of water in most areas.
3. Overlapping of subjects: Under Schedule VII, states have power
with respect to use of water, however, in case of inter-state rivers,
power lies with the Centre which seldom uses it, giving space for
conflicts between states.
4. Political opportunism: These disputes are a perfect rallying point
for political parties to secure votes and giving fuel to regionalism
as in case of Cauvery dispute.
 [Link] of concrete dispute resolution: Under Article 262, Courts
have been denied the jurisdiction over river waters, and the
tribunals constituted for it have proved inefficient.
4. Why river water disputes linger
1. Extraordinary delays in constituting the tribunal: A lengthy
and time consuming process, where states are asked for mutual
negotiations first and then the establishment of Water Disputes
tribunal if negotiations fail. Ex: Godavari water dispute, Cauvery
Water Dispute.
2. Due to delay in constituting the tribunal, state governments
continued to invest resources in the construction and modification
of dams, thus strengthening their claims
3. Delay in reports and decisions given by the Tribunal. For instance,
Mahadayi Water Disputes Tribunal.
4. Lack of availability of the data also causes a delay due to the
survey and collection of data each time the dispute arises.
5. Appointment of the members of the Tribunal. The composition of
the tribunal is not multidisciplinary and it consists of persons only
from the judiciary.
6. Sub-judice Matters: Either States approach Supreme Court under
Article 136 (Special Leave Petition) or private persons approach
Supreme Court under Article 32 linking issue with the violation of
Article 21 (Right to Life).Ex: Krishna Water Disputes Tribunal,
Cauvery Water Disputes Tribunal.
7. Differences arose over compensation and rehabilitation due to the
construction of canal and power projects also causes the delay.
8. There has been politicisation of the dispute based on regional
feeling and for vote bank [Link]: Dispute between Tamilians
and Kannadigas for Cauvery river water.
5. Measures to address
1. Inter-State River Water Disputes (Amendment) Bill, 2017 which
has provision of Single Tribunal, timely resolution, data collection
and maintenance of a data bank needs to be implemented to
overcome lacunas of Inter State River Water Dispute Act, 1956.
2. Bringing water into concurrent list as recommended by Mihir shah
report where central water authority can be constituted to manage
rivers.
 3. There is a need for the basin states to reduce the demand for water
by adopting cropping patterns which require less water and drip
irrigation and other water-saving techniques.
4. Make rainwater harvesting mandatory, use of check dams to
increase ground water, creation of additional reservoir to store
overflows from a healthy monsoon year to drought year.
5. Since urbanisation has altered both quantity and quality of our
water resources, it is important that proper urban and water
planning are taken into consideration.
6. The parliament needs to exercise its powers under Entry 56 of
Union List effectively. According to National Water Policy, this
can be done by setting up of river boards.
7. It is not necessary to exclude Inter-State Water Disputes from the
original jurisdiction of the Supreme Court under article 131 of the
Constitution and that such disputes should also be made to fall
within the exclusive jurisdiction of the Supreme Court, especially
in the light of the Supreme Court’s decision to adjudicate on
award given by Cauvery Tribunal.
8. Water disputes need to be depoliticized and not be made into
emotional issues linked with regional pride.
9. Inter-State Council (ISC), GST council etc. can play a useful role
in facilitating dialogue and discussion towards resolving conflicts.
10. One model to follow is France’s system of “water parliaments,”
which are responsible for managing the country’s rivers, and
which reserve a number of seats for non-governmental and
environmental organizations.
6. What are the problems in 1956 bill
1. Under the present Act, a separate Tribunal has to be established
for each dispute. There are eight inter-state water dispute
tribunals, but only three of the eight tribunals have actually given
awards accepted by the states.
2. There was no time limit for adjudication or publication of reports.
Tribunals like those on the Cauvery and Ravi Beas have been in
existence for over 26 years and 30 years respectively without any
award.
3. The Tribunal can only give an award but cannot enforce its
implementation. It has not been clothed with powers of
 punishment for contempt.
4. Many parties take the matter to supreme court on legal issues and
thus it drags the dispute process.
5. The issues relating to the water disputes involves special
technicalities but entrusting the adjudicatory power to the tribunal
leads to undermining the status of the federal government. This
may lead to creating of more obstacles rather finding a solution.
6. The provision under Article 262 seems to be insufficient. It would
have been better if a machinery had been written into the
constitution itself. Then it would not be left to the Parliament to
provide a machinery.
7. Provisions of the new bill
1. The bill proposes a single standing tribunal with multiple benches
instead of multiple tribunals that exist at present.
2. It proposes to introduce Dispute Resolution Committee (DRC) to
resolve disputes amicably by negotiations before a dispute is
referred to the tribunal. mechanisms.
3. The total time period for adjudication of dispute has been fixed at
maximum of 4.5 years.
4. The decision of the Tribunal shall be final and binding with no
requirement of publication in the official gazette.
5. It limits the tenure of the chairperson to five years or till they
attain the age of 70, whichever is earlier.
6. It also provides for a transparent data collection system at the
national level for each river basin. It calls for the appointment of
assessors to provide technical support to the tribunal.
8. Advantages
1. Ready availability of relevant and updated data collected by the
proposed agency at all the times would expedite the adjudication
process.
2. Proposed amendment puts a time frame of three years for
permanent tribunal to give its verdict.
3. States in disputes have tendency to question data provided by the
other side which will be minimised by availability of data by
specialized agency.
4. A Disputes Redressal Committee comprising experts is also
proposed to be set up which is expected to solve most of the
disputes before they are referred to permanent tribunal.
 5. Awards given by the PT would be notified immediately unlike
earlier when Centre notified the awards causing delay in
implementation.
9. Problems withstanding
1. As the award given by tribunal can be challenged in SC it might
lead to extended litigation and delays.
2. The effectiveness of legal adjudication is defeated by the very
nature of disputes being nexus between water politics and
democratic politics.
3. Though DRC is a means of mediation, challenge is to design
proactive and innovative institutional practices and processes.
4. Just as they have done earlier, it is not clear about what will
happen if disputing parties don’t comply with the award given by
the tribunal.

Right to Information

1. RTI is master key to good governance. Right to Information Act 2005

mandates timely response to citizen requests for government
information by various Public Authorities. RTI not only empowers the
people but it promotes a culture of transparency in the Government.
While the Indian law is among the best five in terms of its provisions,
India is ranked number 66 on performance.
2. Need for RTI
1. To empower the citizens.
2. To promote transparency and accountability in the working of
Government.
3. Check corruption.
4. Make our democracy work for the people in real sense.
3. Shortcomings in RTI
1. There is huge pendency of cases. This is due to slow appointment
of PIOs and laxity played by public authorities is an issue. The
Central and State Information Commissions have been
functioning with less than their prescribed maximum strength of
eleven because governments have dragged their feet on appointing
commissioners.
2. Section 4 of the RTI Act requires suo motu disclosure of a lot of
 information by each public authority. However, such disclosures
have remained less than satisfactory.
3. The act did not give adequate authority to the Information
Commissions to enforce their decisions. Besides awarding
compensation to an applicant for any loss suffered, the
commissions can direct public authorities to take the steps
necessary to comply with the Act, but are helpless if such
directions are ignored. Penalties are rarely imposed and even that
is too minimal. Having no incentive on the officials to provide
information.
4. Large number of frivolous RTI applications are being filed
affecting efficiency of governance. Some use the Act to blackmail
people. This category largely targets illegal buildings, mining, or
some other activity that runs foul of the law.
5. Officials have misused provisions related to secrecy and national
security to deny information under RTI. Many times partial
information is provided to deliberately harass the information
seeker.
6. State governments such as Karnataka have come up with orders
reducing the word limit, making formats for question and in some
cases prohibited questions in regional languages.
7. Data in government departments is not kept properly, not
organised and this makes getting information difficult.
8. Political parties have still not replied to the CIC orders. More so,
they have not even initiated a legal response to the orders. This
shows utmost disregard.
4. Provisions in RTI to stop its misuse
1. Section 8 of the RTI act contains details regarding information
which is exempted from RTI’s purview. It generally contains
information, release of which could jeopardise national security,
communal harmony or foreign relations.
2. The armed forces and some other institutions mentioned in second
schedule of the constitution have been exempted from RTI
purview so to not hamper their working and also to safeguard
security concerns.
3. But if any question arises of corruption and human rights violation
there is enough safeguard in the act to call from information from
any institution.
 4. Misuse of section 6(3) of the act by which public officers divert
their responsibility to other departments is effectively checked by
the regulatory mechanism.
5. RTI impact
1. Several scandals such as 2G, CWG etc., have come up due to RTI.
2. NGOs and think tanks use this information to come up with
reports on Governments functioning, greatly influencing public
opinion.
3. Media has played a proactive role and more than the penalty their
pressure has forced officials to provide information.
4. In a case CIC held that political parties are public institutions as
they use public resources in the form of free air time on national
television and offices. On this ground CIC demanded their fund
collection details.
5. The answer keys of civil service examination and IIT-JEE are now
available on the websites of the UPSC and IIT-JEE respectively,
helping students to find out their scores even before the official
announcement.
6. Assets and wealth declarations of all public servants such as PM
and his entire council of ministers, civil servants are now in the
public domain.
6. Official secrets act vs RTI
1. Official Secrets Act (OSA), 1923 was enacted during the colonial
era keeping in view of the national security and sovereignty of the
British empire. It made an act to obtain, collect, record or publish
a secret document being certified as confidential, secret, or top
secret as a criminal offence. However, it was so vast in its scope
that it is prone to misuse by the executive.
2. Queries under the RTI act often blocked citing secret clause.
Firstly, the problem of classification of information as the word
secret is nowhere defined in the act and Government has a wide
discretion to classify any information as secret.
3. 2nd ARC recommended that the Official Secrets Act, 1923 should
be repealed. But the government rejected the recommendation,
saying that the OSA is the only law to deal with cases of
espionage, wrongful possession and communication of sensitive
information detrimental to the security of the State.
4. The ARC also recommended that only such information should be
 given a security classification which would qualify for exemption
from disclosure under the RTI Act.
7. RTI amendments
1. Removal of fixed term: As per the act, the CIC and ICs will hold
office for a term of five years. The Amendment removes this
provision and states that the central government will notify the
term of officefor the CIC and the ICs.
2. Determination of Salary: As per the act, the salary of the CIC
and ICs will be equivalent to the salary paid to the CEC and
EC. The Amendment empowers the Central Government to
determine the salaries, allowances, and other terms and conditions
of service of the central and state CIC and ICs.
8. Rationale behind the amendments
1. Whereas the ECI is a constitutional body, but the CIC and SIC are
statutory bodies. So, equating their salaries and allowances and
other conditions of service is not correct.
2. As the CEC and EC are equal to a Judge of the Supreme Court in
terms of their salaries and allowances, therefore, the CIC, IC and
the State CIC becomes equivalent to a Judge of the Supreme
Court. The decisions of ICs are challenged in high courts,
therefore their status being equivalent to SC judges was causing
legal hindrances. Hence, their status and service conditions need
to be rationalised accordingly.
3. The purpose of the amendments proposed is to provide for
enabling provision under the RTI Act to frame rules regarding
salaries, allowances and conditions of service for CIC, IC and
SIC. Presently, there are no such provisions available under the
RTI Act 2005.
9. Arguments against the Amendments
1. Incorrect Rational given: The decisions of all authorities
including those of the President and prime minister are challenged
before high courts.
2. Dilutes the independence of CICs and ICs: As the Central
government may determine the term and salaries of CICs and
ICs. Uncertain term and salary changeable by executive
notification reduces CIC to an obedient subordinate.
3. Dilutes the status of CICs: CIC and CEC were kept at the same
footing, as according to the Supreme Court, RTI and Right to vote
 are equally important fundamental rights. However, the
amendments tend to change this scenario.
4. Encroaches upon the state jurisdiction: As the Central
government will prescribe the term, status and salary of SIC.
5. Lack of consultation: With the civil society and the state
Governments, which amounts to undemocratic imposition.
10. As per legal experts, rather than downgrading the status, the
Information Commission should be given a constitutional status.

MPLADS

1. MPLADS was introduced in 1993 with the objective to enable MPs to

suggest and get developmental works of locally felt needs executed
with emphasis on creation of durable assets. MPs are allotted Rs. 5
crore primarily to take up development projects.
2. The scheme seeks to build relationships between elected
representatives, stakeholders and ground level government institutions
and civil society. However, the scheme suffers from many inadequacies
and data suggest that it has been unable to achieve targets on many
fronts.
3. Challenges
1. The scheme costs the exchequer a staggering Rs 4,000 crore per
annum. Recent government data showed that only 5.4% of the
total fund has been utilised for the Financial Year 2014-15.
2. CAG of India found financial mismanagement of the scheme and
consequent inflated reporting of the amount spent. Insufficient
fund allocation leaves many of the works incomplete, though
often officially reported as complete, or completed by
compromising the quality of the asset.
3. Studies have also found that many MPs tended to select the same
district, not always for development reasons, and these districts
were not necessarily the least developed one. So, lopsided
development takes place.
4. The reports also found that some MPs have even created their own
assets with public money whereas the guidelines are strict on what
they can spend on.
5. The infrastructure created under the scheme generally caters to
short term populist agenda and thus is not in conformity with the
 objective of creating durable assets.
4. Reforms required
1. PRIs may be asked to provide a list of works to be recommended
to the MP annually. PRIs may be involved in execution as well as
in monitoring to a larger extent.
2. There is a need for greater coordination between the MPs of a
state to reduce duplication of efforts and to spread works all over
the district.
3. The government must allow social audits of the projects cleared
under the scheme as a means of keeping to keep an eye on MPs.
4. Mandatory inspection of schemes by state and centre level
officials must be adhered to.
5. Finally, the scheme should get subsumed in the district and state
plan after five years.
5. The scheme goes against the spirit of the 73rd and the 74th
Amendment, with MPs enjoying the privilege of an uninterrupted
yearly flow of funds to do the work which local bodies are better placed
to deliver. In light of these limitations and realities, the Second ARC
recommended abolition of scheme and empowering local bodies to
deliver civic services.

Higher education

1. No Indian university features in top 100 of QS world’s rankings shows

that Indian university education is stifled by various problems.
2. Parameters for world rankings
1. Teaching: It includes academic reputation and learning
environment of an institute.
2. Research: Volume of citations, research volume, etc.
3. International outlook: Number of overseas students and
international faculty ratio.
4. Infrastructure: Labs, lectures halls, other building and hostels.
3. Reasons for poor performance
1. Lack of corpus of research grants comparable to global standards
either form government or corporate sources. Unlike Europe or
America, India lacks voluminous research output from university
systems.
 2. Indian institutions are specialised in technology, management,
sciences or medicine. Ex: IITs in Engineering, IIMs in
management etc.
3. Lacunae in recruitment and retention of faculties from abroad.
4. The Indian Universities are younger as compared to the top
universities from the UK or USA.
4. NIRF
1. HRD ministry has launched national institutional ranking
framework (NIRF) for ranking educational institutions. This
framework outlines a methodology to rank institutions across the
country. Although the ranking frameworks are similar, the exact
methodologies are domain specific.
2. The framework follows an Indian approach which considers
parameters like diversity and inclusiveness apart from excellence
in teaching, learning and research.
5. The parameters for NIRF
1. Teaching: These lay emphasis on measuring numbers and quality
of faculty, library and lab resources and general facilities for
development of young persons.
2. Research: To measure the quantity and quality of research output
as seen through international databases, IPR generation and
interface with industry and fellow professionals.
3. Graduation outcomes: Measures the student graduation rate and
their success in finding appropriate placement in industry and
Government or taking up higher studies.
4. Inclusivity: Lays special emphasis on representation of women
and socially challenged persons in student and faculty
populations, and also on outreach activities of the institution.
6. Importance
1. It would enable parents, students, teachers, educational institutions
and other stakeholders to rank institutions on the basis of a set of
objective parameters and a transparent process.
2. To provide benchmarks to measure the productivity of Indian
universities and creating a sense of competition among them.
3. International rankings do not entirely suit Indian realities.
International ranking agencies does not consider inclusivity of our
institutions. It will also promote social inclusion in institutes.
4. The institutions which have been working in languages other than
 English and excelled relatively in the recent past will be greatly
benefited.
7. CBCS
1. The choice based credit system provides a cafeteria approach in
which the students can take courses of their choice, learn at their
own pace, undergo additional courses, and acquire more than the
required credits.
2. The new system proposes a common syllabus for all central
universities, a common entrance test, and faculty and credit
transfers.
8. Benefits of CBCS
1. CBCS is globally being used by all the top universities and Indian
institutes like IITs etc. This was quite successful in those
institutes.
2. Students can take the responsibility of their own education as they
can choose their courses as per their needs and aspirations. It also
facilitates transfer of credits earned in different departments,
universities or institutions of higher education in India and abroad.
3. CBCS brings uniform examination system throughout the country
and thus brings uniform standards in education.
4. Holistic education is encouraged as system has an inter-
disciplinary approach to learning.
9. Demerits of CBCS
1. CBCS does not recognise the radical differences between standard
in different colleges and universities. It aims at centralisation and
homogenisation, ignoring the specificities and uniqueness of each
university.
2. A common syllabus is neither desirable nor feasible as this will
diminish creativity and lower standards in order to conform to
common standards. Uniform structure of syllabi for all
universities hamper institute’s autonomy.
3. A uniform curriculum will ensure that research expertise of
institute’s teacher will be overlooked and system may lead to
uniform mediocrity.
4. It advocates transfer of faculty between universities. No where in
the world are transfers between institutions practised. There is no
academic logic here. Besides, transfers can be used to silence
dissent and independent voices.
10. Recommendations on reforms in higher education sector
1. All universities must be teaching cum research universities.
Research bodies must connect with universities in their vicinity
and create teaching opportunities for their researchers.
2. Identifying and empowering 50 top universities in every possible
manner to seek global excellence as has been done by Russia.
3. There should be no discrimination between central and state
funded universities. All benefits extended to central universities
must also be extended by State Governments to the state
universities.
4. All private universities must submit to a national accreditation
system. They must be comprehensive universities covering the
arts and social and natural sciences too.
5. There must be tight regulation of private universities through
auditing of accounts, payment of minimum salaries to teachers,
certain percentage of seats reserved for meritorious students from
poor backgrounds, etc.
6. GIAN has been set up for our academics and students to learn best
practices from US based faculty.
11. Higher education financing agency (HEFA)
1. The Union Cabinet has approved the creation of the Higher
Education Financing Agency (HEFA) to give a major push for
creation of high quality infrastructure in premier educational
institutions. HEFA will be used to raise funds from the markets
for lending to educational institutions.
2. HEFA marks the beginning of a market linked education
financing structure in India and a departure from the traditional
grant based system of funding higher educational institutions.
3. The agency is expected to ease pressure on the government, which
currently is the sole funder of such institutions.
4. HEFA will instil accountability in higher educational institutions.
As the institutes need to pay back, a market force driven fee
structure is required.
5. It would provide the much needed funds to boost research oriented
infrastructure.
12. Need for new education policy
1. Globally average spending on education is 4.9% of GDP while in
the case of India it is just 3.6%.
 2. Dearth in the availability of good quality teachers.
3. Poor employability of graduates.
4. Political interference especially in the higher education.
5. Insufficient focus on teaching values and morality.
6. Despite having number of premier education institutes, none
features in the top 100 world universities.
13. Cons of NEP
1. Less emphasis is given on issues of social justice and democracy
and undue importance has been given to Knowledge Based
Economy and Society (KBES).
2. Lack of clarity regarding goals and objectives of this educational
policy. The priorities of this education policy is not clear, which
was not the case in previous education policies.
3. Implanting employable skills to students has been given immense
importance whereas the art of learning, reasoning and questioning
has been ignored.
4. The previous policies considered the art of questioning as an
important tool for the overall development of students.
14. Main recommendations of Subramaniam report
1. Total public spending on education must increase from current
3.6% to 6% of GDP with immediate effect.
2. Certification for government and private school teachers should be
made mandatory, with provision of renewal every 10 years based
on independent external testing. Teacher Entrance Tests (TET)
should be made compulsory for recruitment of all teachers.
3. School education for the age group of 4-5 years should be
declared as a right and should be followed by a programme of
implementation.
4. The NDP must be continued until class V when the child will be
11 years old.
5. The ambit of the Mid Day Meal scheme should be expanded to
cover students of secondary schools.
6. UGC Act must be allowed to lapse and a separate law should be
created for the management of higher education. UGC’s role and
responsibilities be reduced to disbursal of scholarships and
fellowships.
7. Top 200 foreign universities should be allowed to open campuses
 in India.
8. An Indian Education Service (IES) should be established as an all
India service under HRD ministry with officers being on
permanent settlement to the state governments.
15. Education must be practical, action oriented and geared towards social
welfare.

Budget 2019-20

RTE

1. The Right of Children to Free and Compulsory Education (RTE) Act,

2009 was enacted to implement provision under Article 21A.
2. Main provisions
1. The Act provides for free and compulsory education to all
children of the age of six to fourteen years.
2. It specifies the duties and responsibilities of appropriate
governments, local authorities, parents, schools and teachers in
providing free and compulsory education.
3. It specifies the sharing of financial responsibilities between the
Central and State Governments.
4. It provides for maintaining specified pupil-teacher ratio,
development of a curriculum in consonance with the values
enshrined in the constitution.
5. It established National and State Commissions for Protection of
Child Rights, (NCPCR) which shall have the powers of a civil
court and provides for the establishment of a National Advisory
Council (NAC) to advise the respective governments on
implementation of the provisions of the Act in an effective
manner.
3.

4. Challenges in the RTE act

1. The act allows only children between the ages 6-14 to get the
privileges. It leaves out younger kids (0-6) and older one (14-18)
despite the fact that India has signed the U.N. charter which states
clearly that free education should be made compulsory to all
 children up to the age of 18 years.
2. Children with special needs (CWSN) left out of the RTE
bill. According to the 2014 National Survey of Out of School
Children Report, about 6 lakh (28%) special-needs children
between six and 13 years of age are out of school.
3. 25% Reservation of seats in unaided private schools is not being
enforced properly in many seats. The records of the 25% children
are not kept by the school.
4. No focus on Quality of learning; the RTE Act appears mostly
input oriented. The bill guarantees for the admission of the
children, but does not promise the quality of education.
5. Not Enough Trained Teachers.
6. School management commitee (SMCs) with 75% of its strength
from among parents or guardians of children are non-starters
because of lack of interest and time of parents. They also burden
poor parents.
7. The way the RTE Act is structured both the State and Central
governments are involved. This makes fixing accountability
difficult. Further, there are no prescribed penalties if the
government authorities fail in discharging their respective duties.
8. Minority Religious Schools are out of the purview of RTE. These
institutions only impart religious education and are mostly
attended by kids from the deprived sections – they are the ones
who need quality education the most.
5. Ways to strengthen the act
1. There is a need to create greater awareness at the community level
to implement various provisions of the RTE Act. When a
community is more aware of provisions, they will be able to claim
what is due to them.
2. Effective implementation of existing provisions of the RTE Act is
required and engagement of civil society may be further
strengthened to make it more effective.
3. Minimum pupil-teacher ratio should be maintained in each school
as per the provisions. This will be possible by recruiting more
qualified and trained teachers. Advocacy needs to be done by
which states should ensure all sanctioned posts of teachers are
filled up immediately to achieve targets.
4. Enough funds should be allocated to develop infrastructural
 facilities in schools. Minimum education spending of 6% need to
be ensured.
5. Though the RTE Act has a provision for including overage
children in its ambit, in reality this is not happening. Hence proper
groundwork needs to be initiated with the help of civil society to
meet targets.
6. RTE’s biggest drawback is its heavy focus on inputs while
effectively ignoring outputs. The RTE has a debilitating impact on
budget-private schools which catered to a large number of poor
students.
6. No detention policy (NDP)
1. The low standards of learning outcome have been a constant
feature of the ASER reports. In recent years, cities like Delhi,
Chandigarh and Nagpur have also witnessed a rise in number of
students failing in Class IX exams.
2. NDP was implemented with an idea to reduce the dropout rates,
especially of the vulnerable section.
7. Pros of NDP
1. The criticisms carry the assumption that students can only learn
under the threat of failure which is not always true.
2. Failure of children especially for children from low income
families implies dropping out. The no detention clause in the RTE
Act seeks to address that concern.
3. As per Geeta Bhukkal Committee, there is no research anywhere
in the world which establishes that repeating a year helps children
perform better.
4. Several researches have pointed out that repeating has adverse
academic and social effects on children.
5. Failures in implementation are being conflated with failure of
policy. The CCE has failed to take off in most schools, owing to
lack of basic capacity and awareness.
8. Criticism of NDP
1. NDP has been responsible for deterioration in learning standards.
As per the ASER report, in 2010, 53.7 percent of standard V
students in rural India could read standard II level text. By 2016,
this had fallen to 47.8 percent.
2. There being no risk of failing, students develop lackadaisical
attitude towards studying.
 [Link] is said that this system does not distinguish between good
hardworking students and the others.
4. A survey in 2015 indicated that nearly 20% of all teachers had not
even heard of the CCE and where they had heard of evaluation
they did not receive adequate manuals or training.
5. Without adequate checks, assessments or measurements, teachers
were found to be slacking off. Overall, the no-detention policy has
caused a severe deterioration in learning outcomes.
9. Way forward
1. Attacking NDP for falling education standards conflates failure in
implementation with failure of policy. CCE has failed to take off
because of lack of awareness, capacity and overburdened
classrooms.
2. The poor learning outcomes of schools are caused by many factors
such as poor student teacher ratio, lack of training of teachers,
monitoring, availability of basic infrastructure, school and home
environment, etc. Government can’t implement only the no
detention in letter and spirit and not adhere to other parameters.
3. Bringing back the old pass-fail system without making proper
course correction in other areas will undermine the egalitarian
promise of the RTE.
4. At the same time, to give sufficient time to all the stakeholders to
understand the policy, the NDP should be implemented in a
phased manner so that all stakeholders understand what it entails
instead of interpreting it as zero assessment.
5. There can be many other coherent methods to increase the
enrolment rate and contract the drop-out rates. Scholarships, fiscal
incentives to the parent, awareness drives are some of the
plausible options that the state can choose.
Health
Government policy and intervention

1. POSHAN Abhiyaan.
2. The Global Nutrition Report 2017 calls for nutrition to be placed at the
heart of efforts to end poverty, fight disease, raise educational standards
and tackle climate change.
3. Expand the safety net through ICDS to cover all vulnerable groups
(children, adolescent girls, mothers, expectant women).
4. Fortify essential foods with appropriate nutrients (e.g., salt with iodine
and/or iron).
5. Weekly Iron & Folic Acid supplementation, 2015 and bi-annual
vitamin-A supplementation.
6. National Deworming Day, 2015.
7. Village health & nutrition days (at Anganwadi centers).
8. Pradhan Mantri Jan Arogya Yojana (PMJAY), under Ayushman
Bharat umbrella. Other element of Ayushman Bharat is Health and
Wellness Centres. The scheme guarantees eligible families are covered
for inpatient expenses of up to Rs 5 lakh per year.
9. There is a commitment in the National Health Policy (NHP), 2016 to
raise the percentage of GDP allocated to health from 1.2% today to
2.5% by 2022.
Universal health coverage (UHC)
1. Other Challenges in Ayushman Bharat
1. Funding allocated is just Rs. 2000 crore, which is grossly insuffici
ent.
2. Disease coverage is not comprehensive.
3. Over-invoicing challenges. Doctors following unnecessary
procedures. Conversion of an OPD patient into IPD in order to get
insurance benefit.
4. Price-capping. Either people will be under treated or private sector
will suffer losses.
5. Enrolment of fake beneficiaries and impersonation.
2. Shortcomings in RSBY
1. Inadequate: RSBY is unable to match the health expenditure
incurred on hospitalisation.
2. Corruption: There are concerns of systemic leakage of resources.
3. Narrow focus: A design drawback of the scheme is that it focuses
only on secondary and tertiary care hospitalisation to address low
volume, high value financial transactions. It completely neglects
the out-patient care.
4. Poor targeting: Criteria for identification of beneficiaries (BPL)
is not sound has led to exclusion of desired people. Tribal blocks
which have the maximum number of poor BPL households have
the least enrolments and beneficiaries.
5. Slow processing of claims.
3. Need for Universal Health Coverage
1. Health is a human right, not a privilege. India is home to large
number of acute and chronic diseases that needs to be treated
soon. Universal health coverage leaves no one behind.
2. NSSO 2014 says that, in India, out of pocket health expenditure is
greater than 70%. No one should be pushed into poverty when
 they get sick.
3. More than 90% of the people are employed in unorganised
services who have no health care coverage and often have to bear
‘catastrophic health expenditure’.
4. Good health transforms societies. It allows India to reap the
human capital generated as an outcome greater proportion of (15-
60) age group.
5. Achieving UHC will accelerate efforts to end extreme poverty
and realize all the Sustainable Development Goals. Good health
and well being is SDG3.
4. Steps that can be taken by GOI
1. Increase budgetary allocation for public health sector to 2.5%
GDP to ensure medical infrastructure availability.
2. More stress on R&D to develop indigenous cheap medicines.
Increase the number of Jan Aaushadi stores to allow the people to
avail generic medicines at low cost.
3. Collaborating with other countries and other organisations
involved in healthcare sector in order to provide drugs at
affordable prices. Ex: CEPI, GAVI.
4. Widen the ambit of health insurance subsidy schemes to allow the
people to get benefits of insurance even in private hospitals.
5. Private medical institutions are seen flouting the norms and also
charge high fees. This makes them vulnerable to fall in the trap of
corruption. It should be made compulsory for private hospitals to
dedicate a part of their services to poor people as it was recently
done in Delhi.
6. Nine more AIIMS hospitals have been introduced in the country.
Increase in medical colleges to increase availability of doctors.
7. Community participation through social audits need to be there for
checking collusion between doctors and contractors who supply
faulty equipment.
8. India’s disease burden is not spread equally. 2/3rd of maternal,
infant and under-five mortality is concentrated in less than 200 of
the 670 districts. So, centre must decisively intervene with a
differentially funded strategy.
9. Tele-medicine can be a potent method to achieve health services
and expert assistance.
10. Delivering on swachh Bharat mission is critical for preventive
 health care in India. If it is done, there will be at least 20% less
infections, diseases and expenditure.
11. Licensing processes for hospitals, similar to the Certificate of need
process in the US, which can help a regionally equitable
distribution of hospitals by incentivising the setting up of facilities
in poorly served areas.
12. Bodies like the Medical Council of India (MCI) need to be
revamped to meet human resource challenges.
5. Challenges in UHC
1. Health spending in India has stagnated at 1.2% of the GDP. The
draft National Health Policy 2015 envisages a minimum of 2.5%
spending for adequate health services to be delivered.
2. There is a dearth of skilled doctors and nurses in the country. This
is a direct result of lack of quality medical education institutions.
According to Govt data, India has just one doctor for every 1,668
people. The WHO prescribes a doctor population ratio of 1:1000.
3. Private hospitals charge high prices for treatment. This lead to an
increase in out-of-pocket expenditure of public thereby pushing
many households into poverty.
4. There is no comprehensive program which provides for proper
targeting of non-communicable diseases (NCDs) which share a
major portion of disease burden in India.
5. MCI is plagued with corruption and as a decision making body
has turned out to be quite inefficient.
6. Nature of health spending in India
1. Less budgetary support for the prevention and control of non-
communicable diseases.
2. Focus on curative healthcare rather than preventive healthcare.
3. Inequality in health spending between states.
4. Less emphasis on infrastructure development in the health sector.
5. Out-of-pocket cost is around 70 percent, which is alarmingly high
when compared to other emerging nations.
6. Abysmal spending on health insurance.
7. National health policy 2017
1. NHP recognises the need for state intervention to control NCDs as
they are reason for more than 60% death in India. Thus policy
advocates pre-screening and sets the target to reduce premature
 mortality via NCDs by 25% by 2025.
2. It intends on enhancing public spending to 2.5 percent. It tries to
mobilise resources through enhanced taxation on alcohol and
tobacco, extractive industries, medical tourism and a special
health cess, etc. Also, CSR can be used.
3. The policy aims to regulate the private sector which provide over
2/3rd services today. It provides Tribunals for redressal of
grievances and sets up National health care standards organisation
(NHCSO) to lay down standards and protocol.
4. NHP seeks to invest in preventive health care. It establishes early
screening and diagnosis centres. The policy advocates allocating
2/3rd of resources to primary care and assures comprehensive
primary health care through the health and wellness centers.
5. It adopts a inter-sectoral approach involving various ministries
such as MoEf, MoHWS, MoA, MoUD, MoHRD, MoWCD etc.
6. It aims at ensuring universal access to drugs and diagnostics. It
aims at providing every family with a health card and establishes
public health management cadre in all states. It also aims to
provide at the district level most of the secondary care which are
currently provided at a medical college hospital.
7. Establishment of National Digital Health Authority (NDHA) to
regulate, develop and deploy digital health across the continuum
of care.
8. It highlights AYUSH as a tool for effective prevention and
therapy that is safe and cost effective. It proposes introducing
Yoga in more schools and offices to promote good health.
8. Lacunae in national health policy
1. It leaves too much to the states on maintaining standards. Whether
health should continue to be in the state list, or in the Concurrent
List is not answered in the policy.
2. It does not speak about social determinants of health.
3. It does not talk of public health education (which is outside MCI
mandate). It just talks about medical education, paramedical
education etc.
4. Various progressive measures under Draft NHP 2015 such as
Right to Health, increasing public spending by 2020 and imposing
health cess have been ignored. Developing countries like Brazil
and Thailand have made significant progress towards universal
 health coverage by making health as a fundamental right.
5. Among the most glaring lacunae in the present context is the lack
of capacity to use higher levels of public funding for health.
6. Thus, to achieve SDG on health, i.e., health and well-being to all
by 2030, there would be need for greater and stronger centre-state
coordination and commitment for effective implementation.
9. Challenges in imposing the ban on smokeless tobacco
1. Every year 10 lakh people die from the tobacco related diseases.
Easy access and affordability especially for adolescents.
2. Lack of awareness of the hazards from the use of SLT especially
among rural population as they believe SLT have medicinal
values.
3. Funds for tobacco control are focused on cigarette or smoking
forms of tobacco with minimum attention to smokeless tobacco.
4. While the final product is banned, its ingredients are not per se.
This is exploited by manufacturers supplying ingredients in
different packets and mix them and get final product.
5. No national ban on SLT there by leading to smuggling of SLTs
between states.
6. There is a ban on advertisement, the amended rules have allowed
for the use of the brand name or the logo of the tobacco products
for marketing non-tobacco products.
10. Measures taken by Government
1. Statutory warning on chewing tobacco were made mandatory
under the prevention of food adulteration act, 1955.
2. Govt prohibited advertisements of cigarettes and other tobacco
products under cable television act, 2000.
3. The railway authorities banned the sale of gutka on railway
premises and in trains.
4. The cigarettes and other tobacco products (prohibition of
advertisement and regulation of trade and commerce, product
supply and distribution) act (COTPA) in 2003.
5. The packaging and labelling rules were introduced.

Black Money

1. Global Financial Integrity report puts the cumulative illicit money

 moving out of India at Rs. 28 lakh crore in 10 years.
2. Consequences
1. Investments that must have been made in the country giving the
necessary boost to economy are invested elsewhere. Huge loss of
taxes amounting to billions.
2. Black money leads to further corruption by creating a vicious
cycle.
3. Since, RBI cannot control the black money cash flow in economy,
it dilutes its policies targeting inflation.
4. High prices of real estate especially in big cities are due to deep
pockets filled with black money.
5. Forward trading of goods by cash rich speculators cause
fluctuation in prices due to hoarding.
6. National security is threatened because black money is used to
finance criminal activities. Black money generated from drugs and
smuggling is being used to operate terror networks.
3. Govt measures
1. Legislative framework: Prevention of Money Laundering Act,
2002, Benami Transactions Prohibition Act, 1988, undisclosed
foreign income and assets bill 2015, Prevention of corruption act,
etc.
2. Executive actions: De-monetisation of large notes, Linking
Aadhar with PAN, Cap on electoral funding through cash upto
Rs.2000, Voluntary disclosure norms, promoting cashless
transactions, etc.
3. Tax reforms: Bringing GST, POEM (Place of effective
management) and GAAR.
4. Regulators: SEBI tightened norms for issuing p-notes.
5. Bilateral agreements: FATCA (Foreign Account Tax
Compliance Act) with USA to track and recover tax evasion by
Indian companies with foreign account in US. Similarly revised
DTAA with Mauritius and Singapore, INTERPOL-STAR
Initiative.
4. Failures
1. The present government however, reneged on its promise to reveal
publicly the names of the people holding illegal money in foreign
banks once the list had been submitted to the Supreme Court. It
disclosed only two names.
 2. Postponement of the enforcement of GAAR to 2017, and more
spectacularly, on the issue of participatory notes, or P-notes.
5. SIT recommendations
1. Setting up special courts to deal with tax disputes. Speedy dispute
resolution is essential but fast track courts in India have been
mired with same issues as mainstream courts and become slow.
Need to address this issue first.
2. Redraft taxation related agreements with other nations. This is
essential because these provisions have been misused. The best
example being the Vodafone case.
3. Senior government officials shall file affidavits that they do not
possess illegal money abroad. There are allegation that
government officials are the most corrupt. This provision partially
addresses this.
4. Sharing of information between departments. Just like our security
intelligence, our economic intelligence is fragmented.
5. All cash above 10 lakhs in possession shall be made illegal. This
provision is draconian and impracticable. Though proposed in
good spirit, in Indian circumstances it cannot be implemented.
6. Elections are one of the biggest channel to utilise the black
money. Reforms to reduce money power in elections.

Section-69A
1. Justification for the move
1. In consonance with constitutional provisions: The premise for
interception power are exactly the same as defined in Article 19
(2) of the Constitution.
2. Review mechanism: The entire process is also subject to a robust
review mechanism as in case of Telegraph Act. Every individual
case will continue to require prior approval of the Home Ministry
(MHA).
3. Right to privacy is not absolute.
4. Protecting security of nation: Many online nefarious activities of
anti-national and terrorist organisations actually require a
readiness on the online surveillance aspect.
5. To overcome practical challenge: Internet companies like US
based Google and WhatsApp express reservation if requests for
information in individuals’ cases, routed to them through the IT
ministry, come from agencies not notified through law or a
government rule.
2. Way forward
1. The notification again raises the larger debate between privacy
and Surveillance. India urgently needs a Privacy Act, which will
specifically address this debate with objective guidelines and all
measures within such a framework must pass the test of
 proportionality.

North East

1. By 2022-23, the region should also be developed for enhanced trade,

particularly for the export of products made in the NER to the ASEAN.
2. Cottage industry
1. Cottage industry is a small scale industry which is primarily run
by the family. Use of power and machines is limited. Agro-based
cottage industries use agricultural products as raw materials. Ex:
Food processing, gur making, handicrafts etc.
3. Prospects of NE in cottage industry
1. Agrarian economy: Agriculture and forestry is a major
occupation of people. Existence of many agro-based industries
due to limited industrialisation. Many agricultural practices and
agro-based industries exclusive to the region are getting lost.
Promotion of industry will preserve them.
2. Labour intensive: Region has sufficient supply of labour. It also
reduces pressure on land.
3. Low capital: As capital is scarce in this region, it is a feasible
option.
4. Quick return: Less time gap between capital investment and
production of goods. Thus, brings quick return to people who have
limited income alternatives.
5. Entrepreneurial skill: Skill development of people including
entrepreneurial skill will help in identifying new areas of
investment and help in economic development of the region.
6. Look East and Act East: Has made NE important and strategic.
Opportunity to enter huge market in South East Asian countries.
4. Problems
1. Credit facility: Institutional credit is still a problem in the region.
Problem of collateral for taking loans to invest in business.
2. Transportation facility: Increase in transportation cost, damage
of goods during transportation, wastage and distress sale
contributing to low economic return.
3. Extremism: It hampers business by disrupting the supply chain
linkages.
4. Obsolete machinery: Limited and poor quality production and
high maintenance expenses. They are unable to compete with
products of large-scale industries. Continuation with age old
designs. Products are unable to meet modern demand.
5. Marketing facilities: Have to depend on middlemen for selling
their products. In many cases market for their products remains
untapped.
6. Scattered plantation: Most important challenge which affects
marketing of product. Results in distress sale of surplus product in
local market as it could not attract big buyers from outside.
11. Civil services
Article 311

1. Article 311 deals with dismissal, removal or reduction in rank of

persons employed in civil capacities under the Union or a State.
2. Case for deletion of Article 311
1. Complicated procedures have arisen out of this article which have
shielded the guilty. This also lead to inordinate delays in
prosecution of corrupt officers. Procedure has become more
important than the substance.
2. Deleting the article will act as deterrence for dishonest officers
and hence potential to reduce corruption.
3. Such a provision is not available in any of the democratic
countries including the UK.
4. With judicial review now available, the protection to Government
employees is formidable even outside Article 311.
5. This article was drafted at a time when it was necessary to
prescribe certain guarantees to the bureaucracy. Government is no
longer the only significant source of employment and the role of
Government as a model employer cannot override public good.
6. The main intention was clearly to embolden senior civil servants
to render impartial and frank advice to the political executive. But
the compulsions of equal treatment of all public servants and
made such a protection applicable to everybody and this hampered
efficiency and work culture.
3. Case for retaining Article 311
1. It is argued that the safeguards under Article 311 are focused and
that the framers of the Constitution were mindful of the rare
eventualities in which even such minimal safeguards would not be
necessary.
2. It checks arbitrary action on executive part. Political leaders most
of the time exploit the power in their hands to punish those public
servants who do not act as per their whims and fancies and dare to
be upright.
3. It upholds the principle of natural justice by giving a reasonable
opportunity of being heard to the civil servant in respect of
charges.
 [Link] article provides protection to honest and ethical officers. It
helps them to work without undue political interference and fear of
political backlashes.
5. Judicial review is an integral part of our Constitution and a
substantial portion of the appellate work of the Supreme Court
concerns Article 311.
6. The rules governing disciplinary enquiries, and not Article 311
itself, are responsible for the delays.
4. Way forward
1. It has accordingly become necessary to revisit the issue of
constitutional safeguards under Article 311 and to amend it to
ensure that the honest and efficient officials are given the requisite
protection but the dishonest are not allowed prospering in office.
2. A provision should be added through amendment that prior
sanction should not be necessary for prosecuting a public servant
who has been trapped red-handed or found in possession of
disproportionate assets. In the long run it is desirable that
provision of ministerial responsibility should also be added as in
UK.

Civil services

1. Arguments for all-India services

1. National Integration: They promote national integration as the
members of these services possess an all-India outlook. As they
are usually posted in states other than their own, they can function
beyond the regional, linguistic and communal interests.
2. Efficiency: They help in maintaining high standard of
administration in terms of administrative efficiency because they
attract the best talent in the country due to the wide field of
recruitment, high remuneration, status and prestige.
3. Uniformity: They help to ensure uniformity of the administrative
system throughout the nation. The members of these services are
rotated between the Centre and the states.
4. Cooperative federalism: They facilitate liaison, cooperation,
coordination and joint action on the issues and problems of
common interest, between the Centre and the states.
5. President’s rule: When the President’s Rule is in operation in any
 state, he can depend on the loyalty and cooperation of these
offices for efficient administration. This is because, they are
appointed and removed only by the President of India.
6. Independence: They promote independence and impartiality of
civil service at the highest level. As members of these services
enjoy the constitutional safeguards, they are free from regional
and local pressures and influences. Hence, they can afford to give
free and frank advice to the state ministers.
7. Beneficial to states: The talent mobilised through national
recruitment to these services is distributed among the states.
Hence, the states which are deficient in their manpower supply to
fill the high and strategic positions will be benefitted.
8. Continuity: Permanent civil service has provided continuity and
stability during the transfer of power from one elected government
to the other. This has contributed to the maturing of our
democracy.
9. Political neutrality: Many important institutions which are
politically neutral have evolved.
2. Criticism against all-India services
1. Hang-over of the Past: These services were created during the
period of British rule in India. At that time, the structure of
government was unitary and nature of state was authoritarian.
After independence, the structure of government and the nature of
state underwent a radical transformation.
2. Against federation: These services are against the federal system
of government provided by the Constitution. They restrict the
autonomy and patronage of the states. Rajamannar committee
recommended for the abolition of IAS and IPS.
3. No familiarity: The members of the All-India Services who come
from outside the state may not be familiar with the local language,
culture and general environment. Hence, they cannot understand
the problems of the people properly.
4. Lacks specialisation: It is said that the IAS officers are ‘Jack of
all trades but master of none’. This point is also recognised by the
first ARC which recommended that a functional field should be
carved out for the IAS.
5. Unequal representation: The states are not equally represented
in these Services. The states of the Punjab, UP, Bihar, Tamil Nadu,
 Andhra Pradesh are represented more than others. Thus they lack
the national character due to regional loyalties.
6. Financial burden: These services involve larger expenditure on
state governments due to high salary scales. This is done to attract
the best talent from all over the country and to maintain their
efficiency.
3. Weaknesses of the existing system
1. Routine functions: The Ministries are often unable to focus on
their policy analysis and policy making functions due to the undue
emphasis on routine work. This leads to national priorities not
receiving due attention.
2. Procedure orientation: Procedures and not outcomes are
important.
3. Separation: Lack of separation of policy making, implementation
and regulatory functions.
4. Ministries: The creation of a large number of ministries and
departments has led to illogical division of work and lack of an
integrated approach even on closely related subjects. Ministries
often carve out exclusive turfs and tend to work in isolated silos.
5. Hierarchy with too many levels: It leads to examination of
issues at many levels causing delays, corruption and lack of
accountability.
6. Risk avoidance and absence of coordination.
4. Structural changes needed in bureaucracy
1. Separation of policy making from implementation. Ministries
should concentrate on policy making while delegating the
implementation to specialized agencies.
2. Government should only focus on its core areas. Decentralisation
based on the principle of subsidiarity.
3. Increasing coordination of functions and subjects. Subjects which
are closely inter related should be dealt with together.
4. Reducing hierarchies will improve efficiency and accountability.
Flatter organisational structure for enhanced team work.
5. It would also be unrealistic to expect for curtailment in the size of
the Council of Ministers in an era of coalition politics. Instead, a
more pragmatic approach would be to retain the existing size but
increase the level of coordination among the departments.
5. Transfer policy
1. Remove arbitrariness: Each department must formulate and
publicise comprehensive transfer policy.
2. Continuity: Term system must be put in place with maximum and
minimum years so that no punishment transfer would happen and
nexus will not build between them due to long term.
3. Premature transfer: Strong compelling reasons must be
provided for premature transfers. IAS Ashok Khemka faced 45
transfers in 23 years.
4. Appeal: Officers must be provided a chance to appeal against
transfer.
6. Ideal minister and civil servant relationship
1. Both should uphold the constitutional provisions and
parliamentary laws while discharging their respective duties.
2. A civil servant should faithfully execute all policies and decisions
of the minister even when they are against the advice tendered by
him.
3. A civil servant enjoys full freedom to express himself frankly
without fear in tendering advice to the minister.
4. A civil servant should observe the principles of neutrality,
impartiality and anonymity.
7. Deterioration of relationship between both
1. The ministers generally do not encourage free, frank and impartial
advice from the civil servants. This hinders mutual understanding
and cooperation.
2. The emergence of personal affiliations between the minister and
the civil servant leading to politicisation of the civil service.
3. Frequent use of transfer, suspension and disciplinary powers by
ministers against civil servants who aren’t pliable.
4. Factionalism, group rivalry and casteism among the ministers and
the civil servants.
5. Lack of proper understanding with regard to their respective roles.
Ministers usually interfere with day-to-day administration while
the civil servants do not bring important matters to the notice of
ministers.
8. Advantages of a Permanent civil service
1. The spoils system has the propensity to degenerate into a system
 of patronage, nepotism and corruption.
2. Public policy is a complex exercise requiring in depth knowledge
and expertise in public affairs. A permanent civil service develops
expertise as well as institutional memory for effective policy
making.
3. A permanent and impartial civil service is more likely to assess
the long term social payoffs of any policy.
4. A permanent civil service helps to ensure uniformity in public
administration and also acts as a unifying force particularly in vast
and culturally diverse nations.
9. Why reforms are difficult in civil services
1. Constitutional protection under Article 311, which shields senior
bureaucrats from punishments for corrupt actions. Section 19 of
Prevention of Corruption Act also provides similar protection.
2. Lack of proper legislation governing civil servants, despite article
309 providing for the same. Civil Services Bill 2009 was not made
into an act.
3. Presence of a strong civil servant lobby that resists change.
Politician- bureaucrat nexus plays an important role in furtherance
of status quo, to the detriment of administration.
4. Absence of a fitness board and intense mid-service reviews, to
weed out unproductive bureaucrats. At present, the rules only
allow for performance reviews after 25 years in service or 50 years
of age.
5. Automatic promotions and lack of merit based promotions, which
disincentivise proactive work. Lack of private sector competition
due to lack of lateral entry.
6. Increasing politician-bureaucratic nexus. Lack of political will to
implement most of the reforms as identified by several
committees from time to time.

Challenges in civil services

1. Accountability
1. Civil servants in India are accountable to the ministers, but in
practice, the accountability is vague and of a generalised nature.
 The accountability relationship is left to the incumbent minister to
interpret it in a manner that is most convenient to him/her.
2. This leads to either collusive relationship or to discord, both of
which can adversely affect the administration. Thus there is an
urgent need to codify this relationship preferably by enacting a
law. The life long job security further leads to distorted incentive
structure.
3. Disciplinary action against non performing officers is a rarity and
is a long process.
4. While the performance of government organisations and their sub-
units are periodically subjected to in depth reviews, seldom are
efforts made to link the organisational performance to the
performance of an individual civil servant.
2. Transfers and postings
1. Arbitrary transfers and postings of civil servants by the ministers
concern implementation of developmental programmes. Such
transfers are made on the basis of caste, religion, money,
favouritism. This leads to splitting up of bureaucracy and its
demoralisation.
2. Transfer and tenure policies must be developed in an independent
manner and any premature transfer should be based on publicly
disclosed sound administrative grounds which should be spelt out
in the transfer order itself.
3. An officer should be given a fixed tenure of at least three years
and given annual performance targets.
4. Civil Services authorities should be made statutory and
autonomous. If the government does not agree with the
recommendations of the authority, he will have to record his
reasons in writing.
5. An officer transferred before his normal tenure can agitate the
matter before an ombudsman.
3. Ministerial interference in operations
1. Ministers issue instructions, formal or informal, to influence the
decisions of the bureaucracy often intruding in their domains. It
has also been observed that officers, instead of taking decisions on
their own, look up to the ministers for informal instructions.
2. Several states have created an institution of District Incharge
Minister to review the development activities in the district who
 routinely exceed their mandate intrude in the officer’s domain.
These practices are unhealthy.
4. Appointments to the Civil Services
1. While the UPSC enjoys an untarnished reputation for having
developed a fair and transparent recruitment system, the same
cannot be said for most of the SPSCs.
2. In addition, large number of recruitments is done by departments
under their control of the government directly. It is essential to lay
down certain norms for such recruitments.
5. Poor incentives for advancement
1. Bias toward seniority in filling key posts reduces the incentive for
performing officers to swiftly obtain promotions.
2. Even poorly performing officers are given promotion.
6. Lack of specialisation
1. Some experts have questioned whether the IAS can continue to
exist as a generalist service in a world that is increasingly complex
and where domain knowledge has become more valuable.
7. Human capital
1. The government is finding it hard to lure young talent away from
increasingly attractive private sector opportunities.
2. The combination of rising average age and lack of advanced
academic qualifications implies that many candidates spend a
majority of their twenties preparing for and taking entrance
examinations for the elite civil services.
8. Attitudinal issues
1. Civil servants believe that their authority is derived not from the
mandate of the people but from an immutable corpus of rules that
it has prescribed for itself. It needs to give due regards to the
aspirations of the people and rule of law.
2. With reforms, the role of private sector and civil society has
increased immensely. So the civil servants need to view them as
partners instead of asserting their own pre-eminence.
9. Result orientation
1. Civil Service in India is more concerned with the internal
processes than with results. There is too much focus on amount of
inputs used whether the full budget is used or not. As a result
outcomes get neglected and civil servants are not held accountable
 for the results.
2. The structures are based on hierarchies and there are a large
number of veto points.
3. To compound it, the size and the number of ministries and
departments have proliferated and diminished the capacities of the
individual civil servants to fulfill their responsibilities.
4. Achievement of results would require substantial devolution of
managerial authority to the implementing levels. This would
require giving civil servants in the implementing agencies greater
flexibility and incentives to achieve results as well as relaxing the
existing central controls.
5. The counterpart of devolution should be more accountability. This
can be achieved through agreements with the minister specifying
the performance targets. These performance agreements should be
put in the public domain. They should have clearly spelt out
objective and measurable goals.
10. Resistance to change
1. The perception is that they resist change as they are wedded to
their privileges and prospects. Thus they have prevented us from
realising the full benefits of the 73rd and 74th Amendments since
it clashes with their own authority.
2. They also resist simplification of procedures which is a pre-
requisite for introduction of e-governance since it would
undermine their importance.
11. Exit mechanisms
1. At present, rarely does a civil servant get dismissed from service
or is punished on grounds of incompetence. It is necessary that all
civil servants undergo a rigorous assessment of performance, at
regular intervals, and compulsory retirement.
2. New appointments should be made only for a fixed period, say 20
years, after which if the performance is not satisfactory, he can be
removed. Such provisions are there in armed forces.
12. Reforms undertaken
13. Committee recommendations

14.
15. Other reforms
1. Reduce the number of civil services: The existing 60 plus separate
civil services at the central and state level needs to be reduced
through rationalization and harmonization of services.
2. Encourage lateral entry: Inducting specialists at higher levels of
government will provide much needed expertise.
3. Nurture specialisation: The key to reform in the civil services is
encouraging officers to cultivate specialisations based on their
education and skills early on in their careers. Hota committee
recommendations.
4. Incentivise: Review existing schemes and introduce new schemes
of incentives for extraordinary performance.
5. Efforts need to be made to outsource service delivery to reduce
dependence on the administrative machinery.
 6. Introduce mid-career training modules for all services.
7. Compulsory retirement for underperforming officers.
8. Citizen-centric framework.
9. Institutionalise system for effective monitoring of suo moto
disclosures.
16. Effective, efficient and development oriented civil services are
necessary to achieve goals envisaged in New India 2022.

Generalist vs Specialist

1. The civil services in India can be grouped into two broad categories viz.
technical services and non-technical services. The technical services are
those to which recruitment is done on the basis of specialised and
professional qualifications of the candidates. Ex: IES, Indian statistical
service, etc.
2. The non-technical services are those to which recruitment is done on
the basis of general educational qualifications and is open to all
candidates who possess the minimum required educational
qualification. Ex: IAS, IPS, etc.
3. Controversy
1. The pay and service conditions (including promotion) of the
generalists are more attractive and favourable than those of the
specialists.
2. The majority of top posts in the Union and state governments are
reserved for the members of IAS. In other words, entry into these
top posts is usually denied to the specialists.
3. Inter-organisational mobility of generalists is much wider than
that of specialists. The IAS officers move from one department to
another, from a department to a public enterprise or local
government and vice-versa. The specialists move only within their
respective departments or fields of administration.
4. The performance appraisal and assessment of specialists is done
by generalist IAS officers.
4. Case for generalists
1. The generalists are more suitable than specialists for the
performance of higher management level jobs due to their wide
and rich experience.
 2. The tenure system of Secretariat staffing which is based on the
concept of district or field experience favours a band of generalist
administrators.
3. A generalist acts as a mediator between a amateur minister and the
specialist, between the people and the government, and between
the pressure groups and public interest.
4. The specialists are narrow minded and parochial as they know
more and more about less and less. The generalists, on the other
hand, have a broad out look and flexibility of approach.
5. Case for specialists
1. Sometimes policies formulated by the generalists are unrealistic as
they are not fully aware of the problems faced by the specialists in
the effective implementation of policies.
2. Generalists cannot understand the technical complexities of the
proposals forwarded by the specialists.
3. Functions of administration today have become more complex,
more technical and subject specific.
4. In the present set up, a minister is deprived of expert advice and
specialised knowledge of the specialists.

Lateral entry

1. DoPT has invited applications for 10 joint secretary level posts in the
departments of economic affairs, revenue, commerce and highways and
others. Lateral Entry to higher positions in bureaucracy is not new in
India. Ex: Raghuram Rajan as RBI head, Montek Singh Ahluwalia as
PC chairman, etc.
2. Benefits of lateral entry
1. The system of domain where a civil servant specialises after 14
years of service in any one field has been recommended by 2nd
ARC and Hota committee.
2. In an era when policymaking has become increasingly specialized,
there is a need for officials who are immersed in a particular area.
3. Bring in fresh ideas and augment manpower. The lateral entry
exercise is aimed at bringing in fresh ideas and new approaches to
governance and also to augment manpower.
4. They provide an opportunity to attract and retain the best from
across the world that have a sector perspective and boost a
 ministry’s capabilities.
5. Resolve issue of under staffing at senior officer level. For
instance, the Foreign Ministry has fewer diplomats to service
India’s global ambitions than Singapore has. This is true for other
departments too where senior officials end up dealing with policy
and operational matters.
6. Lateral hiring is common practice in other democracies such as
the UK, US and Canada.
3. Challenges in lateral entry
1. Nepotism and corruption may creep in during selection process.
2. The civil services administrative framework has integrated the
diverse country into a coherent whole. Therefore, we should not
tamper with the framework.
3. The width and depth of field experience which the civil services
provide is simply not available with outside talent.
4. The best talent can be attracted in civil services only if there is
reasonable assurance of reaching top level managerial positions.
5. Transparency and accountability in selection panel should be
ensured. Civil servants should be allowed to compete for the post
with lateral entrants. Training the civil servant to help them
acquire specific skill to make them competent and motivated.
4. Though, lateral entry addresses the issue of lack of specialization in
civil services, the structural issues regarding bureaucratic rigidities and
red tape, lack of transparency in working of bureaucracy, political
interference etc. remains. Lateral entry needs to be coupled with other
reforms to overhaul civil services.
5. Lateral exit
1. This is about showing the door to the inefficient civil servants or
to those who don’t want to work. This may be temporary or
permanent.
2. Civil Servant may become incompetent with time. So, removing
such officers can reduce inefficiency and can also leads to
judicious usage of money. Training to civil servants in private
sector to get domain specialisation.
3. By this they may inculcate good practices and work culture of the
private sector, which will be later helpful. Seeking for peace and
rest after exhaustive stay in service to get energised and continue
later. Personal commitments to family, intellectual development
 etc may also need lateral exit.
4. But challenges do exist in the form of politics forcing civil servant
to exit, loss of information with them and demoralisation of civil
service cadre.

Honest public servants

1. Many times upright officers are victimised through frequent punitive

transfers, threat to their families and fabricating false cases.
2. Following safeguard are available
1. The civil servant must be allowed sufficient opportunities to
challenge the charges framed against him/her.
2. He/she should not be dismissed or removed from service by an
authority, that is subordinate to the one that had appointed
him/her.
3. Only a special judge is competent to take cognisance of an offence
of corruption.
4. A case under PoCA can only be registered by CBI or anti-
corruption agency and not by police.
3. Issues
1. The power to initiate a preliminary inquiry against an accused still
needs governmental sanction in a number of cases.
2. A prolonged inquiry offers sufficient leeway to the corrupt public
servants.
3. Often, honest public servants are the victims of frivolous charges
framed against them.
4. Chances of witch hunting as Kelkar committee recommend that to
amend PoCA to distinguish genuine errors from malafide
intention.
4. ARC recommendation
1. In-depth scrutiny of complaint at initial stage.
2. The process for departmental inquiry should be time-bound and
should not prolong much.
3. There should not arise the need for prior sanction for beginning a
preliminary inquiry.
4. The honest public servants should not be harassed unnecessarily,
if they have functioned within the limits of their jurisdiction and
 authority.
5. Secrecy of the enquiry to protect honest officer.
6. Competent personnel must handle such cases.
5. The dire necessity is to fill in the existing gap by protecting the honest
officers while making the corrupt officers realize that they are not
above law. The protection to an honest public servant is required not
only in his/her interest but in the larger interest of society.
District administration

1. Restrict the role of collector

1. With the establishment of PRIs and municipal bodies it is
imperative that the devolution of decision making to local levels
should be carried out in true spirit. The collector should be
ultimately made responsible to the local bodies.
2. Strong traditions linked with this institution and its recognition in
the public mind as the prime mover of governance at the district
level would tend to impede growth of other authorities.
3. The office currently has widespread functions without well
defined roles. This results in lack of clarity and diffusion of the
Collector’s responsibilities.
4. There is no need to assign any role to the Collector in respect of
activities which are transferred to the PRIs.
2. Preserving the role of collector
1. It is equally imperative that the unique administrative experience,
expertise and credibility of the office of the District Collector built
up over a period of two hundred years is properly utilised.

Principle of Subsidiarity

1. It means that what can best be done at the lower levels of Government
should not be centralised at higher levels. The citizen must exercise as
much authority as practicable, and delegate upward the rest of the
functions which require economies of scale and can be done more
efficiently at a higher level only.
 2. Advantages
1. Local decision making improves efficiency, promotes self-
reliance, encourages competition and nurtures innovation.
2. There will also be greater ownership by the local communities.
3. Democracy is based on the fundamental assumptions that citizen
is the ultimate sovereign and has the capacity to decide what is in
his best interest. Subsidiarity is the concrete expression of this
assumption.
4. Once decision-making is delegated lower, people can better
appreciate that hard choices need to be made.

ARC recommendations on corruption

1. Second ARC report accepts that there is a widespread level of

corruption existing in governance of the country owing to various
socio-political, economic and cultural factors. Apart from the existing
anti-corruption institutions at the central level such as CVC, CBI, it
recommends various other ways to tackle the menace of corruption at
different levels.
2. ARC recommendations
1. Passing of Lokpal and Lokayukta bill in order to deal with cases
of corruption on members of parliament and state legislatures.
2. Regulation on use of money and muscle power in elections and
providing for partial funding of election by state in kind.
3. Strengthening of anti-defection law and giving primacy to the
view of election commission on such matters.
4. Developing a model code of conduct for Ministers and civil
servants.
5. Repealing article 311 in order to end the practice of safeguarding
corrupt civil servants.
6. Making civil services more empathetic and responsive to the
demands of citizens by building citizen’s charter and ensuring
time bound delivery of goods and services.
7. Use of technology to bring more transparency in government
through various e-governance initiatives.
8. Passing whistle blowers protection bill in order to provide
anonymity and security to whistle-blowers.
 3. The ways suggested by ARC report has many noble features but it
needs strong political will and culture to implement these in actual
practice.
4. The culture of steel frame, still holds very strong in the mind of people
and hence repels people away from participating in better governance.
Education and extensive involvement of people in governance can go a
long way in ensuring transparency and non partisanship.

Lokpal
Police reforms

1. According to BPRD 2017 report, there are 150 police per lakh
population in India. On an average, globally, there are 300 police per 1
lakh population. Around 10% of all the crimes under IPC in India are
women related.
2. Issues

3. Problems
 1. They not only have to look after law and order but are also given
traffic duties, VIP duties, etc. This further reduces their
inefficiency.
2. Police has been reduced to a mere instrument in hands of
politicians to further their ends. It is itself a major partner in the
crime. To go slow on certain cases, to thwart investigation, to deal
with political opponents, police are needed for the politicians.
3. Training methods of police personnel are outdated. Even in this
digital age where crimes are becoming sophisticated, focus is on
physical fitness, etc. Cyber training is missing. This reduces their
effectiveness to control crime.
4. There are inefficiencies in criminal justice system and police is
just one part of this system. Main party responsible for this mess
is Judiciary’s lethargic performance. Even for minor cases there
takes place hundreds of hearings, which unnecessarily increase
workload of the police.
5. Police is an exclusive subject under the State List. States can enact
any law on the subject of police. But most of the states are
following the archaic Indian Police Act 1861 with a few
modifications.
6. In India, there is overall low respect for police unlike that in
developed countries like England and Japan. Corrupt image of
police results in fear and resentment in public which in turn results
non-cooperation.
4. SC Judgements in Prakash singh case
1. Separate the investigation and law and order functions of the
police.
2. DGP should be appointed through merit based transparent process
and should secure a minimum tenure of two years.
3. Setup a National Security Commission (NSC) at the union level to
prepare a panel for selection and placement of chiefs of the
Central Police Organisations (CPO) with a minimum tenure of
two years.
4. Constitute a State Security Commission (SSC) at the state level to
reduce unwarranted influence on the police by the state. It also
should lay down broad policy guideline and should evaluate
performance of the state police.
5. Setup a Police Establishment Board (PEB) to decide transfers,
 postings, promotions and other service related matters of and
below rank of DSP.
6. Setup a Police Complaints Authority (PCA) at state and district
levels to inquire into public complaints against police officers in
cases of serious misconduct, including custodial death, grievous
hurt, or rape in police custody.
5. Other SC directives
1. State govt should send their proposals for the appointment of DGP
to UPSC three months before the incumbent is due to retire. Upsc
will prepare a panel of officers fit to be DGP in the State
concerned. State shall appoint one of the persons shortlisted.
6. Issues
1. As per Justice Thomas committee, State Security Commissions
(SSC) are dominated by government and police officers.
2. The composition and powers of the State Security Commissions
and the Police Establishment Boards (PEB) were at variance with
the Supreme Court directions.
3. Many of these commissions did not have the power to issue
binding recommendations.
4. Duration of DIGs were not fixed and thus, they were being
removed midway on the most untenable and imaginary grounds.
Ex: TP Senkumar case in Kerala.
5. The Supreme Court itself has expressed its inability to ensure
implementation in the face of non-compliance by so many states.
7. Other reforms
1. Model Police Act 2015 can serve as the basis for legislative
reform.
2. Identify non-core functions that can be outsourced.
3. States should be encouraged to ensure greater representation of
women in the police force.
4. It is important to consider introduction of remodelled training
modules, refresher courses and continuing education for police
personnel.
5. Introduce filing e-FIRs for minor offences.
6. A separate cadre for exclusively looking into cyber crimes, cyber
threats and fraud needs to be developed.
7. The CCTNS project may be completed for linking of crime,
 prosecution, court and prison databases.
8. In Kerala, there is system of community policing under which a
small group of police officials pay regular house visits to listen to
people’s grievances and ideas. This can be implemented across all
states.
9. There are internal appraisal systems in police department like
‘monthly police report’ under which is submitted to senior
authority. This report should be made public so as to better reflect
performance of police.
10. Policing and maintenance of law and order are primary, but not
sole, responsibility of police department. Civil authorities have to
ensure proper infrastructure (street lightning) is in place, due to
which crime is curtailed.
8. Indian police act, 1861
1. The Police Act, 1861 was based on the recommendations of a
committee established post sepoy mutiny of 1857. Hence,
automatically it laid the roots of an authoritarian and coercive
force, unmindful of the rights of citizens. Post independence
almost all the British era political and administrative structures
were reformed, yet the colonial system of policing established by
the Act did not change much.
2. Goal clarity: Police is still not sure whether it is a coercive arm of
the state or citizen centric service.
3. Role clarity: Over burdened with all type of possible roles i.e.
preventive, protective, investigative and non-core functions like
traffic management.
4. Structural: Almost 85% police is constabulary with middle level
officers crunch, unity of command missing due to dual reporting
relationship both to the senior police officials and civilian
bureaucracy.
5. Operational: Failed to establish police as independent
autonomous body without political intervention, perceived as
insensitive and violator of human rights.
6. Training: Flawed archaic process of recruitment and training that
still gives undue importance to physical fitness especially for
constabulary, while the crimes are becoming sophisticated.
7. Poor infrastructure: Lack of police stations with basic amenities,
lack of good R&D support, poor armoury and weapons quality.
 8. Behavioural problems: Lack of counselling, senior and peer
support regarding stress generating factors during the entire
service.
9. FIR online
1. Protecting the accused as he/she knows that he figures in an FIR.
He/she will also know the allegations which formed the basis of
his accusation.
2. This order is also a shot in the arm for activists who want to
protect citizens from state harassment on flimsy grounds.
3. Makes it difficult for station house officers to ignore crime, a
common practice adopted with a view to helping an offender. This
will solve the problem of corruption involved in getting an FIR
filed.
4. Makes it difficult to dress up police statistics so that rise in crime
is concealed.
5. There will be an exemption from the directive when the alleged
offence is sensitive, such as sexual violence or one in which there
is an angle of national security, insurgency or terrorism.
10. Reforms required to stop custodial death
1. Accountability: The only way to thwart what goes on in these
institutions is to make them accountable.
2. Surveillance: Supreme court last year ordered to install CCTV
cameras in all the prisons in the country.
3. Monitoring: Prison monitors are mandated to regularly visit jails,
listen to prisoners grievances, identify areas of concern, and seek
resolution. These visitors include magistrates and judges, State
human rights institutions, and non-official visitors drawn from
society.
4. Psychological: Providing counselling to inmates is crucial for
them to deal with the ordeal they undergo in custody.
5. Registering and reporting cases: File FIR and report all cases of
custodial death to the NHRC within 24 hours of their occurrence.
6. Guidelines: NHRC has repeatedly issued guidelines to prevent
and respond to custodial deaths. It is time for the State
governments to start taking these guidelines seriously.
11. We need SMART Police. Sensitive, mobile, Alert, Reliable and Tech-
Savvy.
12. International relations
Indian Diaspora

1. The Indian diaspora comprises approximately 31 million

people contributing both via remittances and knowledge transfers to the
Indian economy. These factors make India’s engagement with its
diaspora important, which has evolved over the years.
2. Diaspora policy
1. In the 1990s the advent of liberalization in India set the context for
changes in diaspora engagement. The Indian diaspora in countries
such as the USA had achieved significant economic success and
technical leadership in sectors such as IT. India was also looking
for investments as well as knowledge transfer from this section. In
the gulf the diaspora had become an important source of
remittances. The diaspora too was keen to maintain contacts with
its cultural roots.
2. Diaspora engagement received further fillip with the introduction
of the Pravasi Bhartiya Divas in 2003. Unique initiatives such as
the Person of Indian Origin (PIO) and Overseas Citizen of India
(OCI) cards also date back to this period.
3. Government’s outreach: Recent MEA efforts via twitter
diplomacy, passport assistance, people-people ties, cultural
engagements have further ensured there remains a thriving
connect with the diaspora.
4. Merger of PIO and OCI categories: The merger of PIO and OCI
cards has simplified procedural aspects of Diaspora’s engagement
with home.
5. Rescue efforts: Operation Rahat in Yemen in 2015 was in line
with earlier such evacuation efforts in the 1990s.
6. Pravasi Kaushal Vikas Yojana (PKVY): A skill development
program targeted at Indian youth seeking overseas employment to
make India the skill capital of the world.
7. Know your India programme (KIP): Youth-centric outreach
programmes include Know India Programme (KIP).
8. Pravasi Bhartiya Kendra: On the occasion of Gandhi Jayanti in
2018 the Overseas Indian Centre was launched in Delhi.
 9. Labour issues being faced by the diaspora: Minimum wage
referral policy in the Gulf countries have impacted labour welfare,
with people seeking rehabilitation and other welfare measures.
10. Engagement with Global talent: From Google CEO Sundar
Pichai, to Microsoft’s Satya Nadella, to Bollywood projects such
as Airlift – the diaspora has been in the centre stage owing to
which the nature of the relationship between the government and
people has evolved.

International Labour organisation (ILO)

1. It is the only tripartite United Nations agency - bringing together

governments, employers and workers representatives from its 187
member states to devise international labour standards. It became the
first specialized agency of UN in 1946.

2. Contribution of ILO
1. Workers right: The ILO Declaration on Fundamental Principles
and Rights at Work.
2. Reducing forced labour and providing minimum wage
scale: The organisation has set uniform, universal standards for
corporations to follow.
3. Employment: From advice to government policies to direct
training to poor communities.
4. Migrants: Protection of Migrant workers.
5. Reducing Child Labour: To eradicate child labour, the ILO had
launched International Programme on the Elimination of Child
 Labour (IPEC) in 1992.
6. HIV/AIDS: The ILO is the lead UN-agency on HIV workplace
policies and programmes and private sector mobilization.
3. Failures of ILO

4. To coincide with its 100th year, the ILO has announced a Global
Campaign, “Taking the ILO to the people”, that demonstrates the
relevance of the organisation’s founding mandate to contemporary
challenges and its central role in helping build a fairer future for all.

Indian ocean
Economic importance

1. First, it enjoys a privileged location at the crossroads of global trade,

connecting the major engines of the international economy in the
Northern Atlantic and Asia-Pacific. This is particularly important in an
era in which global shipping has burgeoned.
2. 2/3rd of India's oil imports enter into and out of the Indian Ocean,
including the Straits of Malacca and Hormuz and the Bab-el-Mandeb
3. The Ocean’s vast drainage basin is important in its own right, home to
some two billion people. This creates opportunities, especially given the
high rates of economic growth around the Indian Ocean rim.
4. The Indian Ocean is rich in natural resources. Forty per cent of the
world’s offshore oil production takes place in the Indian Ocean basin.
5. Fishing in the Indian Ocean now accounts for almost 15 percent of the
world’s total. Aquaculture in the region has also grown 12-fold since
1980.
6. Mineral resources are equally important, with nodules containing
 nickel, cobalt, and iron, and massive sulphide deposits of manganese,
copper, iron, zinc, silver, and gold present in sizeable quantities on the
sea bed. Additionally, various rare earth elements are present, even if
their extraction is not always commercially feasible etc.

Steps taken by India to improve maritime security

1. Sagarmala project is being pursued, which aims to improve the port

infrastructure and connectivity. McKinsey report states that the project
can add 4% of GDP.
2. Joint military exercises like Indira (Russia), Malabar (US) have helped
India portray its navy’s might.
3. Project MAUSAM has been aimed at connecting IO region countries
on ancient, cultural grounds.
4. India’s Necklace of Diamond policy is aimed as a counter to China’s
 String of Pearls.
5. Push for developing blue water navy by reaching out to IO island
nations.
6. Indian ocean’s International Fleet Review (IFR) and heavy participation
from various nations only shows the increasing importance that India is
attaching to IO and its global acceptance.

How to secure Indian ocean

1. India should boost Andaman and Nicobar with resources to make it a

centre for viable military outreach in IO region as well as in dominating
the strategic sea-lanes and choke points.
2. India should use its Geo-strategic advantage to become leader in IO
region by providing net security to IO region as recognised by Indian
Maritime Security strategy 2015.
3. Regional cooperation should be enhanced through forums like
BIMSTEC, SAARC, etc.
4. MILAN platform (navies from Indian ocean region) should be actively
encouraged to familiarise navies of littoral countries, cultural know-
how.
5. Regional growth, prosperity and security in the Indian ocean region
should be increased through MAUSAM, SAGAR.
6. Development of blue economy should be extended to Mauritius, Sri
Lanka, Maldives.

Africa

1. India Africa relations date back to pre-independence era and were

strengthened during the independence movement of India. After India's
independence India’s non-alignment policy, anti-colonial, anti-racist
stand brought India Africa even closer.
Indian development initiatives in Africa

1. Indian Technical and Economic Cooperation (ITEC) that aims at

 capacity building, skill development, transfer of technology, etc.
2. Pan-African e-network: Launched in 2006, this is a joint effort of
India and African Union with an aim to provide satellite connectivity,
tele-education and tele-medicine services to the African countries.
3. Cooperation with African Development Bank (AfDB): India joined
AfDB in 1983 and has contributed to its general capital and has also
pledged capital for grants and loans.
4. Solar Mamas: It is group of rural women solar engineers from Africa
who have been trained under Government of India supported
programme to fabricate, install, use, repair and maintain solar lanterns
and household solar lighting systems in their villages.
5. Development Assistance: India has announced a US$ 10 billion line of
credit to help financing the projects in African countries, capacity
building, IT education, and higher education.

Pacific islands
Japan
1. “Toward a Free, Open and Prosperous Indo-Pacific". “Rules-based
order” in the Indo-Pacific region.
2. India-Japan $75 billion currency swap.
3. Comprehensive Economic Partnership Agreement (CEPA) signed in
2011.
4. India’s mega infrastructure projects like the Delhi-Mumbai Freight
Corridor, Delhi- Mumbai Industrial Corridor, Chennai-Bangalore
Industrial Corridor and the Ahmedabad-Mumbai High Speed Rail
system.
5. North East integration- India’s Act east policy has North east
development at its core.
6. Outside India- Asia-Africa Growth Corridor (AAGR) announced in
2017 and joint projects in some third countries like Bangladesh.
7. Defence ties- Quadrilateral Security Dialogue is a strategic dialogue
between India, United States, Japan and Australia will be carried out.
 8. Trilateral naval exercise called Exercise Malabar.
9. Conclusion: It is clear that the government has set India-Japan ties on
an accelerated geopolitical course that will be a major factor in its
dealings with the rest of the world.

China’s one belt one road initiative

1. Silk road initiative of China involves building infrastructure, setting up

of industries and boosting people to people contacts in the regions
proposed in the silk road plan. The One Belt, One Road (OBOR)
consists of Silk Road Economic Belt (SREB) and the Maritime Silk
Road (MSR).
2. One Belt, mainly known as SREB, implies land corridor connectivity
from China to Central Asia and West Asia, going all the way to Europe.
One Road, known as MSR, implies maritime connectivity through the
Strait of Malacca to India, and onwards to West Asia and East Africa.
3. Reasons why China is building it
1. China’s export and FDI driven economic model is losing its
effect. So China needs to find new export markets.
2. 80% of China’s imports come from Strait of Malacca which is
pirate infested. So, China wants to secure this lane and avoid this
to large extent.
3. The growing disparity between Coastal China vs Inland China is
creating social problems, helping extremists and people becoming
more vocal. Hence China needs to develop those 12 inland
regions.
4. Since 2011, because of South China Sea dispute, China’s relations
became bitter with Cambodia, Laos, Thailand, Malaysia, Japan.
New Silk Road policy seems to be aimed at defusing tensions via
soft language and economic offer.
5. China want to counter USA’s pivot to Asia policy, TPP and other
interventions of US in South eastern Asia like in Myanmar.
6. China wants to gain access to Bay of Bengal and Indian ocean.
So, need better relations with Myanmar and ASEAN.
7. Reviving its ancient cultural link.
8. Encircle India. Revisionist policy of China.
 9. Strengthen China's Yuan.
4. Benefits to India
1. The project will enhance India’s connectivity with Central Asia
which will increase trade and people to people movement and ties.
2. The proposed road, could bring in some serious investment in the
otherwise poor and less invested eastern part and Northeastern
part of India, and thereby creating employment and industries.
3. Pakistan and China relations are on a high since the China-
Pakistan economic corridor being launched. India can retain the
balance of power in South Asia.
4. The proposed route also is a hub for hydrocarbon trade. The route
could act as a bliss for transfer of oil and petroleum products from
not only Gulf but also from Indonesia through the Straits of
Malacca.
5. India too through its Look-east policy (LEP) is trying to envisage
a friendly neighbourhood with East Pacific countries. This can
create such potential friendly neighbours.
6. The south Asia region is bustling with opportunities, and
dissolving trade barriers and creating a favourable economic
situation is the need of the hour.
5. Challenges
1. OBOR’s flagship project is the China-Pakistan Economic
Corridor (CPEC), which runs through the Gilgit-Baltistan region,
ignoring India’s “sovereignty and territorial integrity”.
2. India claims that China has never fully explained its plan for the
Belt and Road initiative. There is a lack of transparency in
China’s agenda.
3. B&RI infrastructure project structure smacks of Chinese neo-
colonialism. The projects could push smaller countries on the road
into a crushing debt cycle, destroy the ecology and disrupt local
communities.
4. Analysts believe that Chinese control of Gwadar port is a part of
String of Pearls strategy aimed at encircling India. The port is
located just outside the Strait of Hormuz, which handles 20% of
the global oil trade. Thus it is a vital choke point in the Indian
ocean.
5. India’s monopoly in Indian ocean may be eroded and China will
 get legitimacy in the Indian ocean region. This may well bring in
conflicts in this region with any kind of China’s assertion in the
future.
6. Since African resources are China’s focus right now, the project
could well be a surrogate for a giant Chinese SLOC running all
the way from the East African coast, to the Southern coast of
China.
6. Challenges with CPEC
1. Threat to India’s sovereignty: CPEC passes through Pakistan
occupied Kashmir (POK) which is still a disputed land and
integral part of India. Also China has stepped up its military
activity in region in of security to corridor.
2. Political concerns: It symbolises strengthened relationship
between China-Pakistan, and increases the chance of China’s
intervention in bilateral matters of India-Pakistan to protect its
own interest.
3. Security: In any future war with China, China can use this route
to mobilise its army to India’s western side and also use Gwadar
port as its naval base. China’s maritime presence in Gwadar port
can be highly detrimental to India’s imports oil.
4. Economic concerns: This will reduce China’s distance to Africa
by 12000 kms. The effective use of this corridor will reduce the
India’s exports to Western Europe, West Asia and Africa. India
was having an advantage to shorter sea route to Africa and
Europe, which will be challenged after CPEC successful
implementation.
5. As the new trespass unfolds, India must not lose an opportunity to
communicate its concerns to the international community. It also
needs to muster efforts to ensure that its territorial position is not
diluted further in order to avoid past situations such as Tibet and
Aksai Chin.
7. India’s efforts
1. Project Mausam: Project Mausam would allow India to re-
establish its ties with its ancient trade partners and re-establish an
Indian ocean world along the littoral of the Indian ocean.
2. Indian Ocean Rim (IOR) Association: It is based on the
principles of open regionalism for strengthening economic
 cooperation particularly on trade facilitation and investment,
promotion as well as social development of the region.
3. Joint partnerships: India has joint mechanisms with Sri Lanka
and Maldives for shared maritime domain awareness. India has
also been encouraging Mauritius and Seychelles for joining this
mechanism that will enhance maritime security in the IOR.
4. BIMSTEC and SAARC: India is playing proactive role in
ensuring success of these institutions as forum of effective
multilateral and regional cooperation.
8. Given the endorsement from the UN Secretary General, who said the
OBOR is rooted in a shared vision for global development, India should
not simply sit out the project. India and Japan have come up with Asia
Africa Growth Corridor (AAGC) to counter China’s OBOR.
India-USA
1. Trump’s ‘America First’: America First refers to a foreign policy that
emphasises American nationalism and unilateralism. It first gained
prominence in the inter-war period and was advocated by the America
First Committee, a non-interventionist pressure group against the
American entry into World War II. Since 2016, an identically-named
foreign policy that emphasizes similar objectives has been pursued by
the administration of U.S. President Donald Trump.
US Partially Allow India To Continue With Iranian Oil Import (Ended)

1. The US has agreed to let eight countries including China, Japan, India
and South Korea keep buying Iranian oil after it reimpose sanctions on
the Iran on November 5. It would allow Indian oil companies to
continue to import about 1.25 million tonnes of oil a month till March
2019 from Tehran.
2. The Islamic Republic had become a preferred supplier for India,
making it the second largest Iranian crude oil purchaser of Iranian oil
after China due to sweeteners such as 60-day credit, free insurance and
shipping.
US trade war
 1. "Trade war is a loss loss situation" -- Raghuram Rajan.

Various forums to address trade related disputes

 1. World trade organization (WTO): The main objective is to help
producers of goods and services, exporters and importers conduct their
business.
2. United Nations commission on international trade law
(UNCITRAL): To promote modernization and harmonization of
international trade law.
3. UNCTAD: It is dealing with trade, investment, and developmental
issues. It formulates policies related to all aspects of trade, aid,
transport, finance and technology.
4. International chamber of commerce (ICC): ICC has three main
activities; rule setting, dispute resolution, and policy advocacy.
5. International center for settlement of investment disputes (ICSID):
International arbitration institution established for legal dispute
resolution and conciliation between the international investors.
6. Permanent court of arbitration (PCA): PCA has jurisdiction of
disputes based on PCA founding documents.
7. Regional organizations: G20, ASEAN, BIMSTEC, OPEC, APEC,
OECD, NAFTA have protocols related to resolving trade disputes.
8. Commercial courts in India: Commercial Courts Act, 2015 provides
for constitution of commercial courts, commercial division and
commercial appellate division in high courts for adjudicating
commercial/trade related disputes.
9. ADR: ADR has been given preference to solve commercial and trade
related disputes in India over the years and has also been given
legislative backing. Example: Under section 442 of the Companies Act,
2013 etc.
10. There are no framework that-one size fits all. ADR such as arbitration,
mediation, conciliation, negotiation and collaborative law can offer a
means of settling disputes without resorting to commercial litigation,
aiming to resolve disputes in a way that is less expensive, faster and
more predictable than the adversarial litigation process.

The regulatory environment is not robust enough to ensure the disputes

do not arise

1. Legal routes: The order made by these dispute forums can be

 challenged in judicial courts in member countries which damages the
credibility of these forums in the longer run. Ex: Antrix corporation and
Devas media case.
2. Non-Binding: Majority of these forums’ verdicts are non-binding and
also these do not have any authority to implement their decisions there
by eroding their significance.
3. Conflicting provisions: International /regional trade agreements and
member countries trade rules have conflicting provisions there by
creating various disputes.
4. Uniformity: There is a lack of uniformity among various forums and
no uniform acts to guide them. It is based on arbitration and party with
better arbitrator wins.
5. All countries debate on their vested interests to guard their resources
and welfare of their own people. Chance of non-consensus of
multilateral agreements by member countries, this lead to prolonging of
the issue. Lack of technical expertise to resolve the disputes especially
in India’s case leading to biased/unsatisfactory outcomes.

Russia
West Asia

1. India’s west Asia policy

1. India has a strong influence in the West Asia and North Africa due
to various reasons like old civilisational ties with Egypt,
Mesopotamia, Persia, old sea trade routes, Khilafat Movement
 days and the Non Aligned movement (NAM). Today the region
holds immense importance for an aspirational India.
2. For decades, India was a passive player in West Asia and a
beneficiary of good relationships with various multiple actors.
Historically, India’s West Asia policy has been multi directional.
3. During the cold war years, India maintained close economic
cooperation with both Saudi Arabia and Iran, the rival poles in
regional geopolitics.
4. In the post-Soviet world, the bi-directional approach has been
expanded to a tri-directional foreign policy to accommodate the
three key pillars of West Asia which include Saudi Arabia, Iran
and Israel.
5. In 2010, India and Saudi Arabia signed Riyadh Declaration, which
set the framework for cooperation in the security, defence and
economic spheres. Since then, there has been a marked
improvement in security cooperation and intelligence sharing
between India and Saudi Arabia.
2. Why India lost ground in West Asia
1. India’s stance has often vacillated on key issues as is evident from
voting patterns in the UN. For example India abstained from
voting on Libya and did not oppose when the West pushed for
regime change.
2. In Syria, India did not raise voice against USA decision to arm
moderate Syrian rebels despite India’s own bitter past with arming
of Taliban by Pakistan.
3. India voted against Iran on the nuke issue presumably under the
US pressure, despite the engagements like Chabahar port and
Delaram highway.
4. The Palestine issue seems to be another area where India is facing
problems due to increased trade in defence with Israel and silence
is construed as endorsement of human rights violation. India’s role
seems to have been limited to evacuating its citizens form war
torn areas. The most glaring evidence is lack of diplomatic and
high level visits.
3. What can India do
1. While trade is a significant component of our interaction with
 west Asia, but the essence will be the multi dimensionality of its
character. As much as India trades with the region, also important
are the issues of security, culture, people to people linkages, and
those of a wider geopolitical and geo strategic nature.
2. India should make a policy pronouncement on Look West Policy
(LWP) on the line of Act East Policy.
3. India needs to deepen the political contacts. It is time for India to
have a series of high level visits to enhance its political image and
allay the apprehensions about India’s neglect of the region.
4. India can devise a mechanism to promote its films, sports and
music in the region which would be of great assets to establish
India’s soft power status which in long term might constitute the
component of Indian diplomacy.
5. There is growing perception that Arab Spring has transformed
into an Arab- Persian cold war. The two countries being the
regional powers are crucially important for India and the strategic
and economic relevance of them cannot be undermined.
6. In recent years, India has succeeded in mobilising the alliances in
the region in its fight against terrorism and so, India should try in
a more vigorous manner and opt for a deep strategic engagement
to muster the supports of its political class to fight the terrorism.
 1. Involvement of global and regional powers: The involvement of
extra-regional players such as the USA and Russia in the internal
conflicts in West Asia has further aggravated the situation.
2. US Sanctions on Iran: US withdrawal from Iran nuclear deal and has
threatened to impose economic sanctions on Iran. This may weaken the
dialogue mechanisms, embolden conservatives and may threaten the
regional stability even more.

Central Asia

1. 1st India-Central Asia Dialogue was held in Uzbekistan and was co-
chaired India. India was among the first countries to recognise the five
Central Asian states. It established diplomatic relations with them after
they gained independence in 1990s. India now considers the Central
Asian countries as part of its 'extended and strategic neighbourhood’.
 1. Fergana valley -- Hotspot of Terrorism.

India efforts to connect with Central Asia

1. Connect Central Asia Policy: Strong political relations, Strategic and

security cooperation, Long term partnership in energy, Increase
presence of Indian firms in CARs.
2. Shanghai Cooperation Organization (SCO): more frequent summit
level contacts between the top leaderships of India & CARs.
3. International North-South Transport Corridor (INSTC): It is a
project to link India and Iran via the sea route and then through Iran to
the Caspian Sea onwards to Central Asia.
4. Ashgabat Agreement: India has acceded to the Ashgabat Agreement,
an international transport and transit corridor facilitating transportation
of goods between Central Asia and the Persian Gulf.
5. Development of Chabahar port in Iran.
6. Turkmenistan-Afghanistan-Pakistan-India (TAPI).
 7. Eurasian Economic Union (EEU).
8. Indian Technical and Economic Cooperation (ITEC) Programme.

SCO

1. SCO is a Eurasian political, economic, and military organisation. SCO

is seen as an attempt by China & Russia to challenge the western
dominated global order. Currently, SCO has 8 Member States - China,
Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, India and
Pakistan.
2. Significance of SCO’s membership to India
1. Security: SCO’s main objective of working cooperatively against
“three evils” of terrorism, separatism, and extremism is in
consonance with India’s interests. Regional Anti Terrorist
Structure (RATS). Both Central Asian Region countries and India
face serious threat from illegal drug trade emanating from ‘Golden
Crescent’ of opium production.
2. Pakistan: It could be a platform for bilateral negotiations with
Pakistan on issues of mutual interest.
3. Connectivity: SCO is also a potential platform to advance India’s
Connect Central Asia policy. This is much in line with India’s
focus on connectivity as evident India’s efforts - INSTC &
Ashgabat Agreement, construction of Chabahar Port and setting
up an air freight corridor between Kabul, Kandahar and New
Delhi.
4. Economic interests: With SCO countries contributing almost
42% of the world population and 20% of the GDP, the proposed
FTA with Eurasian Economic Union can provide India with a
wider market base for its IT, tele-communications, banking,
finance and pharmaceutical industries.
5. Energy & Minerals: SCO countries along with Iran, Azerbaijan
&Turkmenistan hold some of the largest oil (~25%) and natural
gas reserves (~50%) of the world. Kazakhstan is the largest
producer of Uranium. Uzbekistan & Kyrgyzstan are important
regional producers of Gold. SCO Energy Club can facilitate
 deeper interactions between producers (Russia, Kazakhstan,
Uzbekistan and Iran) and consumers (China, Tajikistan,
Kyrgyzstan, India, Pakistan and Mongolia).
6. Political significance: SCO also provides a stage to India for
achieving some of its foreign policy goals. It will help India to
play an active role in its extended neighbourhood.
3. Challenges
1. Trust Deficit: Between members like India & Pakistan and India
& China can be major drag on the effectiveness of the
organisation.
2. China’s Belt and Road initiative: India’s position on BRI is
contrary to other members, all of which have supported the
initiative. China's Marshall plan and Monroe doctrine.
3. Global geopolitics: The growing proximity of Russia and China
and India’s attempts towards better relations with the US makes
the organization vulnerable to competitive geopolitics.
4. Definition of terrorism: India’s definition of terrorism is
different from the definition of SCO under RATS. For SCO,
terrorism coincides with regime destabilisation; whereas for India
it is related to state- sponsored cross border terrorism.
5. Limited existing economic footprint: India’s bilateral trade with
Central Asia stands at about $2 bn and with Russia about $10 bn
in 2017. In contrast, China’s trade with Russia has crossed $100
bn in 2018 and stands at over $50 billion with Central Asia.
4. Whether the SCO grows into a successful regional forum depends on its
ability to overcome bilateral differences between its members and their
respective geopolitical calculations.

SAARC

1. South Asia is one of the world’s least integrated regions, India is one of
the world’s least regionally-integrated major powers. SAARC was
conceived to make the south asian region a thriving example of mutual
cooperation, self-reliance and peaceful coexistence. Greater economic
integration, promotion of welfare of people and improvement in their
quality of life has been the central objectives. But the region is full of
contradictions which include divergent security interests and the Indo-
 centric nature of the region.
2. Problems
1. SAARC suffers from a built-in contradiction. India’s
disproportionately large size inhibits its neighbour’s participation
as equal partners, crucial in any cooperative endeavour.
2. Except for India, no other country shares a boundary with another.
And India has boundary disputes with its neighbours, which
inhibits the negotiations.
3. Except for Pakistan, India perceives no threat from any other
country within the region. Others feel India as a threat. This
dichotomy in the region’s perceptions does not augur well for the
SAARC.
4. Diverse political culture also poses problems.
5. Indo-Pak conflict always takes the centre stage and clouds all
other issues.
6. Lack of confidence in each other. For example, inter-state trade is
still minuscule. India is a potential supplier of industrial goods and
services to almost all the South Asian states but they prefer to
depend on the industrial West, Japan, and even China instead of
India.
3. Way forward
1. India should facilitate building regional infrastructure, creating
better connectivity within the region.
2. India can also implement trade facilitation measures which would
lower cost of transportation of Goods and services and give a
boost to trade, investment and employment in the region.
3. SAARC members have geographical contiguity, complemented
by cultural commonalities between them. India should make use
of this to forge people to people contacts for better relations.
4. South Asian countries do not have the financial wherewithal to
execute projects, it is very important to allow private sector to
participate.
5. It is also important to put in place the technical infrastructure for
greater energy connectivity. It is important for India to rectify
such technical shortcomings to facilitate regional power exchange.
To make this initiative work, the governments within the region
 will need to synchronise their efforts on a range of technical,
institutional and political issues.
6. Unless there exists a strong political will among the participating
countries for a sustained period of time, this initiative faces the
danger of meeting a fate similar to that of several other proposals
under SAARC.
4. Thus by using SAARC as a platform, India can enhance regional
cooperation which can attenuate inter-state conflicts and improve
bilateral relationship and economic integration in the region. Such a
regional co-operation can also augment India’s leverage vis-a-vis the
greatest power of South Asia.

India and its neighbourhood

1. The Narendra Modi government’s neighbourhood policy began

exceptionally well with Mr. Modi reaching out to the regional capitals
and making grand foreign policy commitments. But almost
immediately, things changed, when it tried to interfere with the
Constitution-making process in Nepal and was accused of trying to
influence electoral outcomes in Sri Lanka. While India’s refugee policy
went against its own traditional practices, it was found severely wanting
on the Rohingya question, and seemed clueless on how to deal with the
political crisis in the Maldives.
2. The arrival of an India-friendly Ibrahim Mohamed Solih regime in
Male has brought much cheer, and the return of Ranil Wickremesinghe
as Sri Lankan Prime Minister is to India’s advantage too. Nepal has
reached out to India to put an end to the acrimony that persisted through
2015 to 2017. Bhutan, Myanmar and Bangladesh are also positively
disposed towards India, though the relationship with Pakistan continues
to be testy and directionless.
3. Lessons from the past
1. India must shed its aggression and deal with tricky situations with
far more diplomatic subtlety and finesse. The manner in which it
weighed down on Nepal in 2015 during the Constitution-making
process is an example of how not to influence outcomes.
2. Meddling in the domestic politics of neighbour countries is a
recipe for disaster, even when invited to do so by one political
 faction or another. Preferring one faction or regime over another is
unwise in the longer term. Ex: Sri Lanka. (Preferred Sirisena
initially but he again cobbled alliance with Rajapaksa).
3. Third, New Delhi must not fail to follow up on its promises to its
neighbours. It has a terrible track record in this regard.
4. There is no point in competing with China where China is at an
advantage . This is especially true of regional infrastructure
projects. India simply does not have the political, material or
financial wherewithal to outdo China in building infrastructure.
Hence India must invest where China falls short, especially at the
level of institution-building and the use of soft power.
4. Going forward
1. There needs to be better regional trading arrangements.
2. There is only so much that can be gained from bilateral
arrangements, and there should be more attempts at forging
multilateral arrangements, including by resurrecting SAARC.
3. Third, India must have a coherent and long-term vision for the
neighbourhood devoid of empty rhetoric without follow up.

India-Pakistan

1. The history of Indo-Pak Relations has been mainly a story of conflict

and discord, mutual distrust and suspicion.
India's diplomatic pressure on Pakistan

1. Isolating Pakistan is difficult to achieve as it has its own relations and

all weather friends like China, Saudi Arabia. But diplomatic pressure is
certainly achievable.
2. Pakistan is put in FATF black list because of intense diplomatic
pressure by India.
3. India should change the narrative in international space. India should
highlight Pakistan's internal problems and how the civilian population
are suppressed there.
4. Give military support to Iran and Afghanistan to mount pressure on
Pakistan's western border.

India-Pakistan soft power

1. India, Pak. move towards release of civilian prisoners.

2. Kartarpur corridor.

Sir-creek issue

1. Sir Creek is a 96 km tidal estuary on the border of India and Pakistan.

The creek, which opens up into the Arabian Sea, divides Gujarat from
Sindh province of Pakistan. The basic cause of the Sir Creek dispute
lies in the interpretation of the maritime boundary line between Kutch
and Sindh.
Pakistan's economic crisis

1. Pakistan is currently going through a severe balance of payments crisis,

the third one in the last 10 [Link] has approached the
International Monetary Fund (IMF) seeking $6 billion financial bailout
for averting its balance of payments crisis.
2. Impact on India
1. India might have to live with increased Chinese influence in
Pakistan. The example of Sri Lanka’s Hambantota port, which has
been handed over to China as debt obligations mounted, only add
to such concerns.
2. Unemployment in Pakistan may rise, which leads for breeding
grounds to terrorists. Thus India has to deal with more terror
groups in Pakistan.
3. It will reduce trade between India and Pakistan. Thus the relations
between India and Pakistan may go sour.
4. Rising economic woes may reduce popularity of the Civilian
governments. This may further strengthen the power of Army.
Afghanistan
Why US want to pull out

1. However, over the last 18 years, the cumulative cost to the U.S. has
been estimated at $800 billion on U.S. deployments and $105 billion in
rebuilding Afghanistan. About 2,400 U.S. troops have been killed.
2. Taliban already control more than 50% of the country and are getting
stronger and bolder by the day. There is no doubt that the Taliban will
be a major player in the politics of Afghanistan in the coming months
and years.
SriLanka

1. India should adopt the Gujral doctrine of unilateral support to its

smaller neighbours to gain their confidence especially given China's
presence. India should leverage the shared culture-history and
economic complementarities and build people to people relationships to
build strong relationship between two nations.

Nepal
Bhutan
ASEAN
BIMSTEC

1. Tensions between India and Pakistan have led to New Delhi shifting
focus from SAARC to BIMSTEC. After the Uri attack of 2016, India
boycotted the SAARC summit, which was to be held in Islamabad.
1. Strategically, BIMSTEC is a platform to counter assertive China in
South and Southeast Asia, where it has undertaken investments through
the Belt and Road initiative.
2. The Bay of Bengal is also rich in untapped natural resources, with
reserves of gas and other seabed minerals, oil and also fishing stocks.
India-Myanmmar
India-Singapore

1. PM of India and Singapore reviewed the relationship and expressed

satisfaction that the second review of the Comprehensive economic
cooperation Agreement (CECA) has concluded.

RCEP

1. RCEP is a proposed free trade agreement (FTA) between the 10

ASEAN countries and its six FTA partners. 16 RCEP member states
accounts for population of 3.4 billion people with 38% of the world’s
GDP and 29% of world trade.
2. The negotiations for this mega trade deal were formally launched at
2012 ASEAN Summit in Cambodia. It aims to cover goods, services,
investments, economic and technical cooperation, competition and
intellectual property rights under its ambit.
Nuclear disarmament
Bilateral exercises
TIR convention
Global commons

1. The "Global Commons" refers to resource domains or areas that lie

outside of the political reach of any one nation State. Thus international
law identifies four global commons namely: the High Seas; the
Atmosphere; Antarctica and the Outer Space.
2. Significance of global common
1. According to UNEP, a third of the global population depends on
"Commons" for their survival.
2. Preserving Global common acts plays a pivotal role in attaining
the sustainable development goals (SDGs).
3. Concerns regarding global commons
1. Over exploitation of resources and domination by private players
acts as threat to global commons.
2. Withdrawal of Japan from International whaling commission
 (IWC) is recent example which pose threat to ecosystems in
Antarctica, due to hunting of whales.
4. Outer space treaty, 1967
1. The exploration and use of outer space shall be carried out for the
benefit and in the interests of all countries and shall be the
province of all mankind.
2. Outer space shall be free for exploration and use by all States.
3. Outer space is not subject to national appropriation by claim of
sovereignty, by means of use or occupation, or by any other
means.
4. States shall not place nuclear weapons or other weapons of mass
destruction in orbit or on celestial bodies or station them in outer
space in any other manner.
5. The Moon and other celestial bodies shall be used exclusively for
peaceful purposes.
6. Astronauts shall be regarded as the envoys of mankind.
7. States shall be liable for damage caused by their space objects.
8. States shall avoid harmful contamination of space and celestial
bodies.