PAPER 2: Q 1) In india there is seperation of power concept. For example article 50 provides for the separation of the judiciary and the executive. The judiciary had steped in however during the times of legislature inefficiency or inactivness. The roles of judiciary: 1)stepping in to make for the inactivness or the inefficiency of the legislature thus filling their gap. For example the guidelines to control acid attacks last year, or the vishakha judgement case. 2)checks the arbitrary amending powers of the parliament. E.g, by providing for the doctrine of the basic features. 3)helped the disadvantaged sections of the society to secure justice by providing for the PIL concept and thus setting aside the concept of locus standi. The victims were earlier either illiterate or incapable to approach the court for justice. 4)brought a number of electoral reforms: struck down a attempt by the legislature to make them out of the RTI purview, led to the introduction of NOTA button by the EC, controlled the excesses of the government like freebies. 5)helped in increasing the efficiency of the executive, checked the various malpractises by issuing different kind of writ, ensures proper enforcement of fundament rights etc. 6)has been steadly enhancing the ambit of the article 21 – right to life and personal liberty to provide for new right – right to speedy justice, right to improved environment, right to education, right to privacy etc. Q 2) Nature of Indian state: Indian state has the feature of both the unitary and federation. The constitutional provisions provide for the both the features. Federal principles: 1)division of power between the centre and the states. 2)independence of the judiciary. 3)soverign constitution. Unitary features: 1)pro centre governor. 2)emergency provision. 3)integrated audit, election machinery. 4)single citizenship etc. Comments: Granville austin has called india co operative federalism, where the power balance leans in the favour of the centre. K.C.Wheare has provided that india is a unitary state with subsidiary federal features. Various other provision that points towards the unitary nature are: integrated judiciary, government can alter the states boundries, more number of subjects in the central list, more importance subjects of pan india importance in the central list, residuary powers with the central government etc. Thus, Indian state is both unitary and federal depending of the time and need. However, clearly the power balance tilts in the favour of the centre. Q 3) Article 105: it provides for the rights and immunities to the member of the parliament and the committee also. It enables them function effectively. Also, the rights and immunities have been divided into: 1)individual rights: like freedom from arrest from civil law suits. 2)collective rights: like right of the lok sabha speaker to know immediately about the arrest of the house member. Why absence of codification ? The attempts were made to codify the privilages as early as 2008. A committee was formed under the chairmanship of the K.C.Deo. it was a joint parliamentary committee. The committee however recommended not to codify the privilages as the existing provisions had worked well. There were only limited cases of admonition, warning, expulsion etc. However, other reasons are: 1)lack of political will: the political members lack the willpower to codify the privalges. 2)absence of media and academic pressure. 3)criminalisation of politics: the criminal elements feel safer in the absence of the codification of the privilages, which provides them more safety. 4)coalition issues: where different parties toe different lines, thus leading to a situation of non cooperation and confusion. Solution ? There is a need to immediately codify the privilages to remove the ambiguity over the rights and the immunities and providing for a domestic legislation. A Joint parliamentary committee should be formed for the purpose. It should have wide membership of both houses and as many parties as possible. The codification should be of comprehensive nature and should have clearity, it should not create confusion. The codification will help remove the uncertainities and enable the legislature function effectively. Q 4) Freedom of speech and expression concept ? Article 19 of the constitution provides for the freedom of the speech and the expression. It also includes the freedom of the press. The press has right to publish information but correct not biased one. It also means that people have the right to express their views without any fear of sanctions. It also includes view that are considered incorrect by others. However, reasonable restrictions may be imposed by the states for safeguarding the national integrity, defence, to save foreign relations etc. Hate speech coverage ? Hate speech are meant to create enemity between different groups or incite violence and thus can create public disorder. Thus, they are not allowed under the freedom of the speech. Recent speeches of pravin togadia for example were example of hate speeches. Since, it can result into violence reasonable restrictions can be imposed for public safety including detention and arrests. How films of a slightly different plane ? The films have been showing creative themes and bold ones. Thus there is greater element of creativity. However certain sections have opposed to certain content in the films. For example the film vishvaroopam was opposed by muslim sections citing that it denigrates their religion. Thus, they asked for cuts in the certain section of the film. Currently the CBFC certifies the film. A advisory panel member review the film and recommend necessary changes including cuts, deletion of certain sections etc. Q 5) Delay in commutation: There has been inordinate delay in the commutation of the death sentences by the president. Sometimes the delay is of the order of more than 10 years. For example, in the devendra singh bhullar case. The judiciary itself has provided for the concept that the delayed justice is justice denied. And thus such inordinate delay are unacceptable. Problems because of delay ? The convict rests in the world of life and death. The fear of the possible rejection of the mercy petition, makes it difficult to lead a normal life. Most of such convicts suffer from pshycological disorders. Such delay are violation of article of 21 – right to life and personal liberty. Such delay cause unbearable difficulty to the death row convict. Also, the members of the family undergo immense trauma. For these reasons the delay have been criticised by the public. Need of time limit ? Yes, there is a need of time limit for grant/ rejection of the mercy petition. Institutionalised mechanism should be there for speedy disposal of the mercy petition. MHA should send all the important documents to the president in one go. Also, periodical reminders should be sent to president in case of delay by the president. Only a time bound disposal will help overcome the current arising issues. Q 6) Size of the cabinet: the size of cabinet is decided by the prime minister depending on the time and the needs. A committee constituted soon after the independence, specified the normal size of the council of minsters, member of states and the cabinet. It specified that the number of cabinet member should be 15 – 18. The 91st amendment act however provides that size of council cannot excced the 15% of the strength of the lower house and thus haves a bearing on the size of the cabinet also. Efficacy and size relation ? A very large size of the cabinet results in different problems like: 1)co ordination issue: a very cabinet is unable to provide effective co ordination. Also, the work of minsters frequently cross their domain, which requires effective coordination. 2)cabinet are meant as dispute resolution forum, however a very large cabinet fails to meet this purpose efficiently. 3)secrecy: secrecy is one of the most important component in the cabinet system, however unwieldly large cabinet may not be able to maintain it. 4)expeditious disposal of cases: a large size hampers expeditious disposal of cases and thus hampers effective governance. However, a very small cabinet also leads to problems. It may not able to bear the burden of large number of portfolios leading to inefficiencies. Conclusion: The size of the cabinet should be rationalised to realise the goal of maximum governance and minimum government. Q 7) FDI: A recently constituted panel under the finance secretary #marayam# (mayaram correct name) has provided for the definition of the FDI. The investment reaching upto 10% within the date of first purchase, or any amount of investment in unlisted corporate is known as FDI. Present situation: The government has proposed to increase the FDI limits in the news media. Difference it will create ? 1)it will lead to inflow of foreign capital leading to employment opportunities and also better services. 2)innovation in product design and distribution. 3)improved risk management capabilities. 4)possibility of transfer of technology: which will enhance the capability of the news arena. Cons ? the news media is considered as the forth organ of the state and has strategic importance. The control of media will enable the control over the strategic sector. The foreign controllers may alter the news for their benifits. For example, it may result in the tarnishing of the Indian image abroad. Also other cons are: 1)few believe after getting the control of Indian media, foreign partners may increase the price unsustainably. 2)the media is already struggling with the corporotisation problem and it may worsen it. 3)possibility of no significant tech transfer, rather only control over strategic segment. Pros ? 1)it may enable to reach the underserved and the unserved areas. 2)more local content in the news thus wider coverage. 3)coming down of prices because of competition. 4)increases resilience of the sector. Q 8) Rail tarrif authority: There has been recent proposals of a rail tarrif authority. It will advise government on the pricing of railway fares and thus enable it remain profitable. It will take into account the inflation adjustment while deciding the pricing. #didn’t read the first part “taking into account the experience in the power sector”# Benefit consumers ? The consumers may feel that the hiked prices is burden on them. however in the longer run it will benefit them. the revised tarrif will help railways profitable and thus enable provide better services like more facilities at the railway station, improved railways security, lesser number of accidents etc. thus in the longer run it will benefit consumers. Benefit railways ? The up to date tarrif will enable the railways remain profitable. It will enhance the commercial viability of the railways and thus provide long term sustainable services to the people. Thus leading to greater people satisfaction besides profitability. Thus will benefit railways. Benefit private operators ? The sustainability of the private operators depends on their demands. Improved railways services will result in enhancing the demand and thus long term profitability. Thus will benefit them. Problem areas? 1)the authority lacks expert members. 2)will be under the effective control of ministry of railways. 3)suffers from problems like political interference. Q 9) NHRC: The NHRC was established in the year **** under the provisions of the Human right act. Role ? 1)effective implementation: it has helped in the effective implementation of the policies and the programmes relating to human rights. 2)awareness: increased peoples awareness leading to greater and effective grievance redressal. For e.g., the woes of the disadvantaged sections are being met. 3)suo moto cases: the NHRC has taken up cases suo moto bases on public reports and thus leading to their resolution. 4)advise: advised the government on human right matter leading to better policy outcome. 5)led to increase in prison services by providing for more facilities like enhanced number of doctors, technicians etc. 6)trial death: has checked death in police station. Now the SP and DM need to prepare reports within 24 hours of such death. Problem areas: 1)the reccomodations are of the advisory nature. 2)financially handicapped institutions as the expenditures are not charged. 3)does not have NHRC cells in all districts and thus depends on other investigation agency. 4)the appointments are of political nature and member are removed at whims and fancies. 5)limited suo moto powers, can not provide even compensation to victims. 6)jurisdiction issues as armed forces are still out of its ambit. They represent one of the most potent violators of the human rights. Q 10) Self help groups: the concept originated in the Bangladesh from the project “grammen bank” under the mohammad yusuf. The process is informal and simple, the main target is women and the saving is the precondition for lending. Role of SHG? 1)They can mobilise people for constructive activities. 2)help in effective implementation of programmes and can reach unserved and underserved areas. 3)enjoy local rapport etc. Socio economic hurdles: 1)resistance by the local influential elements: for example the feudal relationship has made the upper caste resist the lower ones from taking the benifits of such schemes. 2)problems like disability which has resulted in their inability to take benifits of such scheme. 3)lack of awareness: for reasons like illiteracy etc and thus their exclusion from SHG groups. 4)non democratisation of information: the initiatives like RTI, citizen charter failed to democratise information to all sections. 5)language barriers: which has resulted in lack of information, non effective grievance redressal etc. 6)local political interference, individual apathy etc. 7)patriachial mindest that has prevented womens from taking full benifits of the SHG. Q 11) Protection to vulnerable: The various initiatives of government has helped protect the resources of the backward and vulnerable sections. For exam the PESA [#FRA correct#] act has provided for the protection of their right over the forest resources. How exclusion of urban business? 1)the inability to use the resources of these region has resulted in problems of raw material for the business. 2)delay in grant of approval, red tapism. 3)land acquisition problems. Need? Though such provisions lead to problems yet they are needed for social justice and long term sustainable, inclusive growth. Q 12) Merits of state sponsored talent hunt ? 1)institutional capacity: the capacity of state to finance, plan, execute, monitor and co ordinate are larger. 2)uniformity: state sponsored talent hunt will not lead to discrimination between different sections and regions. 3)more satisfaction: people have more confidence over public than private hunt. And thus will lead to greater peoples participation and greater faith. 4)financial capability: the state can devote greater resources than the private sector. Problem of reward mechanism ? 1)discrimination: it may result in discrimination among different sports even players. 2)it will lead to commercialisation of sports. 3)already india is facing problem due to commercialisaition of cricket due to IPL. 4)leads to focus on rewards rather than nation’s glory. 5)may reduce the moral of those who fail to secure the victory, leading to loss of talented players. Q 13) Premier status ? the premier status help such institutions attract the best and the brightest from the nation and abroad. The government too devotes greater resources towards such institutions thus enable them meet their needs properly. However, it results in an artificial divide between the premier institutions and others. This divides, impedes the development of other institutions. Thus the premier status tag should be discontinued. At the same time, the government should ensure that proper devolution of funds to such institutions continues. Independence in designing courses/ selection: Indian institutions are overregulated currently. The lack of flexibility hampers creation of an innovation friendly environment. The institutions should be granted autonomy in designing the courses. The recent inability of the Delhi University to roll out the four year undergraduate prog. shows the current over regulation. Also the institutions should be allowed to frame own selection criteria. It will help in enrolling the brightest, greater flexibility to local demands and help enhance profitability. However such independence should not result in illegal practises like captivation fee. Also they should not discriminate amoung the students. They should remain responsible to parents and the students. Growing challenges: 1) the university lacks innovative enviorment. 2)lack of engagement between the academician and the students. 3)focus on number of hours of teaching rather than quality. 4)the lack of required number of teaches, reduces their time devotion to research work. 5)lack of industry academic interface. 6)current spoon feeding kills the creativity among the students. Q 14) Cadre system: Currently the IAS and IPS are meant to serve only in the allocared cadre throught their career. Cons: 1)it leads to even talented officers to serve in a particular state only. Thus, even the great potential can’t be used nationally. 2)those who fail to secure home cadre at times gets dejected. 3)the long career in one state invariably leads to political links which affects their performance. All these factors delay the change in india. Pros: 1)those who secure home state are often emotionally charged for speedier socio economic development of the state. 2)it provides greater time and understanding of local, culture, needs etc. which leads to better performance. All these factors have led to faster change. Conclusion: the cadre system has both pros and cons. There is need to rationalise the pros and cons for the best outcome. Q 15) Aadhar card: It enables anytime and anywhere authentication with fair degree of accuracy. It can be used to identify the benificiaries properly and thus reduce the problems of inclusion and exclusion. Currently, in PDS only 42% of the allocated foodgrains reach the intended benificiaries. NPR: it is involuntary concept, where the large amount of data stored can be analysed for better policy formulation and thus outcome. Should both continue ? The purpose of the two programmes are entirely differently. While the first enables the faster and efficient identification the other is used for policy formulation purposes. Thus the two should run concurrently. Potential of Adhar card: Better authentication is a great potential. It can provide for doorstep delivery of services and also result in identification of ghost benificiaries. Yet it suffers from issues like: 1)the security of the database: there is need to ensure the security of such database. 2)possibility of its falling in foreign hands, it will be a grave security concern. They may analyse it to indulge in anti national activities. 3)the collusive corruption may continue thus resulting in continued corruption. 4)intrusion of federalism: thus the card has been opposed by many states. 5)the programmes linked to aadhar seeded accounts: the beneficiary needs bank account, however the finanacial penetration is still low in india. NPR: The vast magnitude of data in the NPR can be used for effective policy making and thus better service delivery and satisfaction of the people. Q 16) Both india and china have been competing to extend the influence in the Indian ocean. Both have been steadily expanding their naval capabilities. China’s policy: 1)the china policy of string of pearls intends to create series of bases in the littoral countries of the Indian ocean. 2)it is involved in port project in countries like sri lanka (hambantota), Bangladesh (Chittagong), Pakistan (gwadar) etc. 3)maritime silk route to improve the connectivity between the east, south and south east asia and then even further to Africa. 4)china agressivness and attempts to unilaterally change to status quo. 5)nine dotted line map of china: according to which the china and Taiwan stake claims on the south china sea. They claim over 90% of the south china sea. 5)china has developed the ASBM (anti submarine ballisatic missile) 6)china has opposed Indian oil and gas exploration attempts in the SCS. 7)recently the docking of a Chinese submarine in Colombo was worrisome. India’s policy: 1)India has responded with iron curtain policy to contain the Chinese influence. 2)india has planned to devlop brahmos mini with Vietnam. 3)india has been providing 4 petrol boats to Vietnam to enable effective patrolling of the south china sea. 4)Vietnam has provided india right to oil and gas exploration in 2 blocks in SCS. 5)india has been expanding capability to operate deeper in the Indian ocean. 6)india has been involved in the process of exploration of resources of the seabed, which has helped india earn the reputation of pioneer investor. 7)india has strengthened the based in the Andaman and nicobar and has built listening ports in the cocos island. 8)india has been sharing information with lanka, Maldives etc. Maritime importance: 1)the 90% of the Indian trade is maritime and 55% of Indian trade to asia pacific passes through the SCS region. 3)the resources of the ocean like fishery, pearls, nodules. 3)the resilience of the ocean, possibility of showing hegamony, helping friend and neutralising such efforts of the enemies etc. Q 17) ITAs: It has been recent attempt to reduce taxes and tarrif on IT products to zero by the signatories. Positive impact on india ? 1)india has been the largest provider of IT services in the world since 2005, and reduction of tarrif will help india extend its market. 2)many of the Indian companies will become multi national, will enhance the profitability of the companies. 3)provide employment opportunities in this segment and thus help in the elimination of poverty and improving life quality. 4)possibility of more joint ventures, R&D efforts etc, more tech transfer etc. Negative impact on india: 1)the certain segments of IT where India lacks may see floods of imports, thus reducing domestic market to Indian players. 2)india may be able to respond to contingency by altering the tarrif rates suitably. 3)estabalishment of foreign countries foothold over the Indian domestic market. 4)absence of protection to nascent players in the IT sector. Conclusion: The agreement has both pros and cons for india. There is need of the institutionalised mechanism to do away with the issues and reap full benifits. Q 18) Merit: 1)it may enable india get international funding, however the terms may be, thus enable investment in the creation of assets, welfare activities etc. 2)it may result in finances over longer period of time, with soft rates and even longer grace period. 3)it will result in symbiotic relations between the two, enabling co operation in other areas otherwise seemed difficult. 4)india may be preffered over other countries while deciding funding by these agencies. Demerit: 1)such conditionalities are seen as anti growth and anti poor. 2)substantial portion of the finances is used up in sourcing equipment, thus countering the original purpose of the loan. 3)it perpetuates dependency, hurts indigenisation. 4)local firms who produce such equipment will have unemployment, thus leading to poverty and poor life indicators. 5)it will reduce Indian global image as india goes for more onerous terms. 6)sourcing of electronic equipment runs the risk of snooping etc, thus a security concern for the nation. 7)possibility of downgrading by the rating agencies, thus affecting india adversely. Conclusion: Such conditionality has both pros and cons. The need is to have institutionalised mechanism to eliminate the cons and take proper benefit. Q 19) AIIB: The bank has been shangai based and the brainchild of child. The focus has been infrastructure creation in the asia region. NDB: The bank has been the symbol of growing prowess of the BRICS nations. The Fortzela summit laid the firm foundation for its establishment. How different roles: 1)the foucs of the NDB is global as it is financing the BRICS nations of the different continents. Also the bank will lend the low and middle income countries in time to come. However, the role of AIIB is limited to infrastructure creation in the asian region only. 2)the initial capial of the NDB has been $ 50billion. [#the initial registered capital of AIIB is $ 100 billion, was unaware of it#] 3)the NDB is democratic institutions signified by the facts like equity in capital and revolving presidency. However, the AIIB is mainly china led institutions. 4)limited hegemony of nations in NDB, however clear dominance of china in AIIB. Strategic significance for india: 1)india has possibility of getting finances from both the institutions enabling greater investment capability for economic growth. 2)the political clout for india has increased with participation in these global institutions. 3)the world is moving towards the asian centuary. 4)the possibility of the changes in the western dominated institutions like the world bank and the IMF. 5)possibility of china’s dominance in the AIIB is worrisome. 6)it shows the solidarity of BRICS and thus paving the way for co operation in other areas. Q 20) WTO: Formed in 1995 as the successor of the GATT. The marakkesh accords paved the way for its formation. Mandate: 1)free and fair international trade. 2)rule based and predictable trade. 3)reduction of trade barriers like administrative, custom, SPS etc. 4)provide for the preferential terms of trade to developing and the LDCs e.g., standard and differential provisions. 5)to take decision on the basis of concensus of all the members. 6)provide for dispute settlement process as dispute settlement body. 7)trade policy review at times through trade policy review body. How binding are decisions? the decisions of the WTO are binding on all the members. The fact that the decisions are taken on the basis of the concensus helps the members protect their interests. India’s stand: 1)india wanted permanent solution to public stockholding of the foodgrain. 2)india refused to ratify trade facilitation agreement until the permanent protection was provided to the foodgrain problem, thereby blocking the TFA. 3)the 10% domestic subsidy (of the total value of production) under the WTO is based on the the average prices of the 1986 – 88, which does not account for the depreciation and inflation. 4)india wanted the price to be ugraded to average of the last 3 years. 5)the peace clause provided security only upto 2017 and finally the peace clause was later made permanent. 6)india could garner the support of the G 33, cuba, venezula etc. 7)india wanted to have talks on the foodgrain holding issues, however even after repeated requests it never starterd, making india to block the TFA.
Posted on: Sun, 21 Dec 2014 09:08:17 +0000
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