GS2 Weekly [2nd – 7th Feb 2015] [The Undercover group] (Insightsonindia.com)

Topic: Role of Civil Services in a democracy;

Q) Lack of security of tenure for important posts in India had greatly hampered the morale

and efficiency of civil service. Discuss. Suggest measures to address this issue. (200 Words)

http://www.thehindu.com/todays-paper/tp-opinion/a-crown-of-political-

thorns/article6846335.ece

Ans: The life of any bureaucrat is comprised of a wide array of activities such as decision

making, formulating plans for action, implementing them, monitoring progress, evaluating

feedback etc. All of these require time which varies greatly depending upon the type of

project. For the past few years there have been several instances of surprise transfers of

public servants. Reasons for such transfers are sometimes vague and unacceptable.

1 Political interference: is a major cause of transfers and suspensions of civil servants. Some

politicians who wish to have everything done their own way prefer to have dummy

bureaucrats that they can bribe and control.

2 Corporate influences: Political parties that depend on large corporate to fund massive

electoral campaigns are obliged to return the favour and when sincere officers attempt to

protect interests of the common people, they are hastily relocated

Consequences

1 Impact on the Nation : Important social and economic projects begin with a vision and a

change in leadership may lead to four major problems a) Distorted view of the goal that

needs to be achieved b) new appointee will need time to understand and absorb the project

to reach his predecessors level of efficiency c) lack of experience of the replacement officer

regarding the project leads to unwanted delays and related complications d) Forceful and

unexpected change in leadership creates a negative ripple effect on the efficiency of the

assignment

2 Impact on the Officer : a) Officer morale is affected when he is not given an opportunity to

complete the task that he has begun b) Uncertainty of tenure leads to fear and instability

that may adversely impact performance at work c) Instability of tenure causes inefficiency

due to demonization when honest officers are punished instead of being rewarded

Suggestions

1 Strict official norms need to be adhered to in situations relating to transfer of civil

servants. Detailed explanations stating reason and cause for the transfer need to be

provided to the officer.

2 Unacceptable incidents of officers informed of their transfer/dismissal through

government and media publications need to be legally dealt with. Every civil servant

deserves to be given due notice before publishing the event to media houses.

Civil servants are the lifeline of a healthy democratic society. They are the caretakers of the

peoples interests who implement ambitious political mandates. A confident, sincere and

uncorrupt bureaucracy is essential for the development of India as a world power.

Topic: Statutory, regulatory and various quasi-judicial bodies;

Q) Recently recommendation by Law Commission to set up exclusive commercial courts will

boost ease of doing business in the country. Discuss. (200 Words)

http://timesofindia.indiatimes.com/india/Law-panel-submits-draft-bill-for-commercial-

courts/articleshow/46061451.cms

Ans: India has been ranked 142nd in ease of doing business and has slipped from the

previous 140th rank, which is a matter of concern. Trade has been the lynch-pin of

development since ancient times. Looking at the sluggishness of the world economy and to

have a positive BoP, we need to boost the manufacturing sector in the country towards the

“make in India” campaign

In this regard,the formulation of the Commercial courts bill,2015 has been a progressive

step. The salient features of this bill include:

1. setting a time limit of 90 days for delivery of judgment after conclusion of arguments

2. setting up appellate division benches in high courts which will hear the appeals from

commercial courts.

3. provides for 'training and continuous education of judges' by the national and state

judicial academies.

4. These courts will have judges with expertise and experience in commercial disputes and

fixed tenure of two years so that continuity is maintained

5. The commercial court will be empowered to conduct a case management hearing by

amending the CPC.

6. Will have powers to fix dates for hearing, decide which issues are to be tried and

witnesses to be summoned.

7. The court will be empowered to impose costs and other penalties on parties for failure to

follow the directions set out in a case management hearing,

Although speed and efficiency are all but guaranteed in the Commercial Court some pitfalls

are-

1. efficiency is derived primarily from strictly enforced deadlines has consequent demands

and pressures on both solicitors and their clients.

2. the cost of bringing claims is significant

3. litigating before the Commercial Court can often attract far greater publicity, which is not

always welcomed.

However many countries like the USA, Germany, England, France, Austria, New Zealand,

Ireland etc. have had commercial courts from 1990s itself. Hence this could be seen as a

welcome step in the right direction

Topic: India and its neighbourhood- relations.

Q) “The democratisation of Pakistani state and society by the relinquishment of wilfully

acquired political, cultural and economic power by reactionary forces and military is the only

solution for Pakistan’s long term peace.”Analyse. (200 Words)

http://www.thehindu.com/todays-paper/tp-international/in-selfdefence-pak-teachers-take-

up-arms/article6850209.ece

http://www.epw.in/commentary/antinomies-behind-peshawar-killings.html

http://www.thehindu.com/todays-paper/tp-international/peshawar-survivors-on-healing-

trip/article6850208.ece

Ans: Democracy has always been under threat in Pakistan with five dictators till date, even

though being a neighbour of world's largest democracy.

Democratisation of Pakistan is more of an ideological war rather than institutional because:

-

1) Birth of Pakistan: - Pak took birth on lines of religion rather than a modern independent

state.

2) India Phobia: - Pakistan has perceived India as omnipotent threat to its existence, upon

which its fundamentalist ideology breeds.

3) Military as core base: - Pakistan watched its military as its only way of existence, forming

an invisible institution, which automatically transfers powers in the hands to dismantle

democracy.

4) Educational policy: - UN has red flagged the Pakistan education as religiously intolerant,

medieval in content and centred on radical Islamic thoughts.

5) Weak civil society: - Constant life threats, governments censorship has not let the civil

society grow which could help in developing democratic temper.

There is a need of self introspection within the foremost govt institutions and people for the

roots of instability, which lies in it ideology. The democratisation should be from within the

state rather than installing one

Topic: Issues relating to development and management of Social Sector/Services relating to

Health, Education, Human Resources.

Q) The proposal to amend the MNREGA has drawn criticism from many quarters owing to

shift in its nature from a demand driven scheme to one controlled by central government.

Critically analyse the proposed amendments and their impact on the Indian society? (200

Words)

http://www.business-standard.com/article/economy-policy/nda-planned-to-amend-

restrict-rural-job-act-115020300022_1.html

Ans: Despite few shortcomings MGNREGA has really worked on ground to attain its stated

objectives. But recent amendments proposed by government were:

1. Restrict coverage to only few backward districts.

2. Reduce the wage-material ratio from 60:40 to 51:49

They found more critics than admirer of this move.

a) This will certainly enhance focus on backward districts and may reduce budgetary

allocation due to reduced coverage easing government’s fiscal woes.

b) Recent study confirms that there are many “polarised districts” with both developed and

under developed blocks. Such a move will exclude a significant portion of rural poor.

c) Decrease in share of wage in total allocation will reduce the minimum wage and will

resume the process of distressed migration- failing an important objective of this act.

d) This was also aimed at economic empowerment of women, ST, SC by mandating their

participation. Such a selected approach will hurt these people the most.

e) Besides, this was a right based

scheme. Implementing a right based scheme in selected districts is equivalent

to implementing RTI in selected pockets- totally defeating the concept of ‘right’

f) Such a move will be devastating for millions of rural households in a country where about

60% of area is drought prone.

Considering its devastating impact on society especially rural households, government must

think of other alternatives to increase its focus on backwards districts, without diluting the

rights in non-backward areas.

Topic: Bilateral, regional and global groupings and agreements involving India and/or

affecting India’s interests.

Q) Recently the Russia-India-China (RIC) grouping issued a comprehensive joint

communique recommending India’s inclusion in the expanded Asia Pacific Economic

Cooperation.Analyse how it will benefit India’s interests? (200 Words)

http://www.thehindu.com/news/international/world/russia-china-back-indias-inclusion-in-

expanded-apec/article6849875.ece

Ans: Asia Pacific Economic cooperation is a forum of 21 Pacific Rim member countries which

seeks to promote free trade and economic cooperation throughout the Asia-Pacific

Region.The recent recommendation to include India by the joint communique of Russia-

India-China present various opportunities as well as few challenges for the country that

needs to analysed carefully.

APEC seeks to promote trade and commerce between the members.In this perspective it

provides a great opportunity for the country citing the recent upward trends in Indian

economy and reforms like Make in India etc which will be requiring foreign markets to tap

the full potential and further build upon it by importing advanced technology from some

member countries who excel in it.Also it will fuse in the required capital for industrial

growth via the FDI route.This increased trade will not only show positive balance of trade

but will also create employment opportunities in the country resulting into all round

economic development.

On other aspects APEC also provides with an chance to explore more oil and gas reserves

both for import purposes as well as exploration(ONGC Videsh).Further APEC also works to

raise living standards and education levels through sustainable economic growth which is

badly required in the country citing the poor standards and 1/4th of the country's

population still being illiterate.

Further it will also strengthen India Look east policy by strengthening relations with

countries like Philippines, Vietnam, Japan etc. This along with better economic relations

with China can put pressure on them to resolve the border issues with India. At the same

time New Delhi needs to be alert that it is not being used by Beijing to counter the

Washington led less inclusive Trans-Pacific Partnership and its domestic conditions are not

being exploited by other countries.

Being a member of APEC is a win-win situation for India which needs to be utilized carefully

to build upon its trade prospects and improved bilateral, multilateral relations with member

countries.

Topic: Issues relating to development and management of Social Sector/Services relating to

Health, Education, Human Resources.

Q) The central government has taken an initiative ‘Jan Aushadhi’ to avail citizens of low cost

medicines. What will be the benefits of the scheme to the people and the pharmaceutical

companies? Critically examine. (200 Words)

http://www.thehindu.com/news/cities/Hyderabad/centre-to-promote-bulk-drug-

manufacturing-to-reduce-imports/article6854845.ece

http://timesofindia.indiatimes.com/india/Jan-Aushadhi-Governments-low-cost-generic-

drugs-from-July-1/articleshow/46101725.cms

Ans: http://a.disquscdn.com/uploads/mediaembed/images/1697/6826/original.jpg

Topic: Bilateral, regional and global groupings and agreements involving India and/or

affecting India’s interests.

Q) Japan has moved away from a pacifist foreign policy to a more prominent role in

international stage in West’s Counter terrorism policy. Analyse its reasons and

consequences in the recent times. (200 Words)

http://www.thehindu.com/todays-paper/tp-opinion/terrorism-threatens-

japan/article6854140.ece

Ans: Japan's pacifism can be ascertained thorough following:

1. since the end of WW-II Japan has always renounced war.

2. does maintain an army with war capabilities; only a self defense force to maintain peace

& order.

3. Japanese foreign policy which distances Japan from militaristic ventures.

Moreover Japan has largely been insulated international terrorism and remained unaffected

from radical groups particularly Islamic fundamentalists.

however recently Japan has moved away from pacifist foreign policy because:

1. recently it has been affected by international terrorism; two Japanese journalists have

beheaded by Islamic State (Islamic terror group).

2. being a resource poor country; Japan relies heavily on crude oil imports from middle east.

Threat to stability in middle east region by radical forces such as Al-Qaeda & Islamic State

will be adversely impact energy supplies to Japan.

consequences:

a) military preparations:

1. defense budget has been enhanced.

2. ban on arms export lifted.

3. capabilities of self defense forces are being enhanced.

b) economic diplomacy: non-military aid to countries around middle east such as Egypt,

Jordan, Lebanon to fight IS which threatens regional stability and Japanese energy supplies.

c) reinterpretation of constitution: Japan can now use force to defend her allies when they

are threatened or attacked.

Conclusion: Current global scenario calls all secular democratic societies including Japan to

fight rising radical forces. Japan should work alongside the international community to

contain and eliminate radical groups.

For India: India must engage with emphatic Japan to broaden its fight against terrorism;

highlight the terrorism and its sources in South Asia and isolate the neighboring country

which patronizes radical groups.

Topic: Salient features of the Representation of People Act.

Q) “Until parties adopt strict rules on transparency and intra-party democracy, the

materialisation of the idea of corruption free good governance is a distant dream.” Critically

analyse. (200 Words)

http://indianexpress.com/article/opinion/columns/the-resilience-of-briefcase-politics/99/

http://www.business-standard.com/article/opinion/politicians-versus-journalists-

115020301498_1.html

Ans: National parties response to the transparency is well documented particularly when

they continuously ignored the chief information commissioner directives of coming under

RTI Act. All the talk of transparency and good governance are useless unless parties become

transparent and bring intra democracy in the party.

Transparency

A large portion of the party funding are unaccounted for with no records of the donor. Fear

of hawala money being used in polls is rife.Anti national elements may benefit from any

such practices.

Corporate funding often leads to quid pro quo and industry friendly policy may be

formulated at the expense of marginalized. In such situations accountability and integrity

are compromised at the altar of petty political gains and corruption free governance

becomes a distant dream.

Intra Party Democracy

Most of the political parties in India are driven by personality rather than performance. Over

reliance on charismatic personalities subdues democratic values and promotes arbitrariness.

Personality driven politics prevents rise of 2nd line leadership. Nepotism and favouritism

becomes the norm instead of meritocracy. Representation of diverse society becomes

secondary to allegiance to the leadership.

To get rid of corruption free good governance parties must come clean. State sponsored

funding, ban on corporate funding, increased limits for poll expenditure, parties to be

brought under RTI are some of the initiatives that can be taken to usher in transparency and

accountability in political parties.

Topic: Effect of policies and politics of developed and developing countries on India’s

interests.

Q) It is said that economic agents have greater confidence in the systemic stability of

democracies despite overt manifestations of political instability. Analyse why based on a

comparison between India and China’s economies and how it has impacted their growth

stories. (200 Words)

http://www.business-standard.com/article/opinion/rahul-jacob-china-turns-on-its-own-

115020401575_1.html

http://www.thehindu.com/todays-paper/tp-opinion/china-tightens-rules-on-internet-use-

online-comments/article6858233.ece

Ans: China’s economic policy of “state capitalism(SC)”, which was adopted after reforms

were introduced in 1979 has, over the decades, emerged as the ideal economic

development strategy due to the high growth levels China has been able to maintain over

the past three decades. This strategy has even been considered superior to the one outlined

in the “Washington consensus”, especially after the South-East Asian economic meltdown of

1996.

India’s economic growth and social welfare programmes, on the other hand, have been

overshadowed by that of China’s. Also, India lags far behind China in the exports sector and

the volume of FDI inflow. Policy implementation in India is also slower than China’s as was

evident in the differences observed in the organization of the Beijing Olympics and the

Commonwealth games.

However, there are certain aspects of our economic strategy which is superior to that of

China’s. Chinese growth is too dependent on exports and investments, while domestic

consumption is the primary growth-driver in India’s case, making it less susceptible to

shocks from the International economy. The greater freedom accorded to Indian companies

and the lower level of bad loans among Indian banks, compared to that of China’s, are other

positives of our economy.

The biggest advantage which India has over China is the vibrant democratic system of the

country, which has proved to the world that an authoritarian regime is not necessary for

robust economic growth. Our strong democratic credentials also give more confidence to

foreign investors, even though China has a larger market size. Leveraging these advantages

to ensure a sustainable economic growth of India is the way forward for the country.

Topic: Mechanisms, laws, institutions and Bodies constituted for the protection and

betterment of these vulnerable sections.

Q) Critically analyse India’s performance on the Millennium Development Goal for gender

Equity. Evaluate the initiatives taken by the government for gender equity and shortfalls

therein. (200 Words)

http://www.business-standard.com/article/economy-policy/millennium-development-

goals-india-s-achievement-is-a-mixed-bag-115020500035_1.html

Ans: Spanning a range of development indicators - poverty, gender, health, education and

the environment - the MDGs essentially established a set of targets for the global

community to achieve by 2015.

3rd MDG is to eliminate gender disparities at all levels of education and women

empowerment. This is assessed to be "on track" for primary and secondary education, but

"slow" for higher education.

India currently ranks 136 out of 186 countries in the UN's Gender Inequality Index. Which

translates that India is in the bottom 25% of all countries.

On the women empowerment front, women are poorly represented in the workforce, have

to face deep seated prejudices and experience violence, prevalent across all sections of the

society. In the parliament, women represent just above 11% of total seats, so necessarily

the critical decisions on women empowerment are taken by men.

However as a signatory to the CEDAW and the CRC India has a number of progressive laws

that support gender equality and ending discrimination and violence against women..

1. Right to education and not merely a welfare programme

2. “beti bachao,beti padhao” campaign

3. Every state has its own programme along with other central programmes for ensuring

female education, health and empowerment

4. Under the Sexual Harassment of Women at the Workplace Act, the Criminal Law

(Amendment) Act of 2013 expands the scope of sexual and gender based crimes against

women.

The implication for a robust national solution, then, is that region or state-specific responses

that are customised to local conditions need to be put in place. The glass, half-full shows a

positive Indian progress and will act as a boost to further reduce gender disparities in India.

Topic: Effect of policies and politics of developed and developing countries on India’s

interests;

Q) “The India-US arrangement, although claimed to be “squarely within our [Indian] law,”

constitutes “a risk-transfer mechanism and despite India’s latest yielding, the nuclear deal is

unlikely to be operationalised any time soon.“ Critically analyse. (200 Words)

http://www.thehindu.com/todays-paper/tp-opinion/tangibles-and-imponderables-of-a-

visit/article6862717.ece

http://www.hindustantimes.com/analysis/the-liability-risks-in-india-us-nuke-deal-have-

been-transferred-to-indian-taxpayers/article1-1312969.aspx

Ans: Salient points of recently concluded Indo-US Nuclear deal ::

1) Supplier liability will remain however insurance will be pooled by 5 Insurance PSUs. --> So

again whole burden will shift on govt. nd hence on Indian public.

2) Ease of some restrictions on US firms --> exact details r not yet disclosed. probabaly filing

waste law suits by NGOs etc. may be prevented.

3) Nuclear fuel inspection by US Agencies --> as already since 2008 India's civil nuclear

facilities are under IAEA watch. So there z no point that we shd comply with US agencies. I

consider it an attack on our freedom and soverignty and India shd not have conceded it to

US.

Prospects of New deal :: It may end the deadlock of last 9 years. US companies like

westinghouse are seriously looking for markets in India.

Criticism ::

1) Costly US Technology ::: Russia z already providing cheap reactors, so why shd India

switch to costly US technology. Even French (Areva EPR) are less costly than US reactors.

2) India's own Indegenous technology develpoment :: we are researching fast breeder

technology (Generation-II, IGCAE Kalpakkam) and greet success has been achieved so far.

3) Supplier liability issues are not yet fully resolved.

4) US Congress (Republicans) may put serious roadblocks to lame duck president Obama to

implement his policies.

5) Doubts within US :: US supported india's entry in NSG, Wassener arrangement, Australia

frp, MTCR way back in 2010. however no actions are seen yet on ground.

6) Skepticism about nuclear energy within India :: like CPM Protesting, Kudankulam, Jaitapur

protests etc.

Conclusion:: The deal is more about symbolism. Obama's visit basically had strategic

importance, whether we accept it or not, China is very true about their readings.

Topic: Structure, organization and functioning of the Executive.

Q) Attempts to deflect serious criminal investigations undertaken by CBI, the country’s

highest law enforcement agency, have to be dealt with seriously by the executive. What are

the problems affecting the CBI and what are the institutional reforms needed to empower

it? (200 Words)

http://www.thehindu.com/todays-paper/tp-opinion/the-price-of-

indiscretion/article6862719.ece

Ans: CBI is premier investigative police agency in India; derives its legal powers from Delhi

Special Police Establishment Act-1941. The investigative work of CBI is done by special police

establishment division. The act vest superintendence of Special Police establishment

division in central government (home ministry).

Today CBI faces following problems:

1. Credibility crisis: With director of CBI himself meeting persons linked with scams such as

2G, coal block at his residence, the reputation of CBI has touched a new low; appears that

premier investigative agency is hand to glove with accused in high profile scams.

2. Political pressure: last year CBI admitted that its status report on coal block allocation

scam was changed under pressure from political executive; showing CBI no longer functions

as truly independent body.

3. Lack of autonomy: CBI can investigate only those cases which are referred to it by State.

Successive governments have used CBI as an instrument to nail their political opponents in

serious charges like corruption as well as threat to obtain supports from dissenting factions.

4. Pendency of cases: In various CBI special courts more than 10000 cases are pending; CBI

as an investigative body is unable to nail culprits effectively.

5. CBI depends on the government for financial and administrative functions. This is a

serious roadblock in CBIs functioning independently. Need reforms in this sphere as well

Proposed institutional reforms:

1. ensure proper selection: Lok Pal provides for appointment of Director, CBI through a

collegium system which is a step in right direction.

2. liberate CBI from political interference: Lok Pal should be allowed to decide cases which

CBI takes up; CBI to report to Lok Pal for investigation of such cases; lok pal can supervise

and oversee CBI.

3. substitute archaic DPSE act by new CBI act; clearly re-defining the role, jurisdiction and

legal powers of CBI.

4. more establishment in form of judges, prosecutors and support staff for CBI.

5. Have a dedicated cadre for CBI.

Topic: Welfare schemes for vulnerable sections of the population by the Centre and States

and the performance of these schemes; mechanisms, laws, institutions and Bodies

constituted for the protection and betterment of these vulnerable sections

Q) The Communal violence bill makes the local administration accountable for prevention

and control of communal riots. Critically analyse the bill and also give suggestions to prevent

communal riots in the country. (200 Words)

http://www.epw.in/system/files/pdf/2015_50/5/Caste_Community_and_Crime.pdf

http://www.prsindia.org/billtrack/the-communal-violence-prevention-control-and-

rehabilitation-of-victims-bill-2005-165/

Ans: Salient features of Communal violence bill:: (Introduced in 2005, not passed yet).

1) Declaration of communally disturbed areas by states and if states fail to do it, then centre

will also have the power (So centre's interference in state areas like law and order and

police).

2) Fixing accountability of civil authorities and provision of punishment if they fail to

analyse, tackle communal violence.

3) Establish Unified Command (Civil +Armed forces) in highly disturbed areas. However

depute Armed forces only on state's request.

4) Relief and rehabilitation of victims, create separate fund for their welfare.

5) Shunting away trouble making elements from disturbed area. All such power will be

wasted in DM. So it will pe parallel law along with IPC, CrPC.

6) Special courts for speedy trial.

Prospects- Will be good for clamping and reducing religion related violence. Further speedy

courts will ensure speedy justice.

Criticism

1) Centre state Relations:: Law nd order z state subject.

2) Redundancies:: Already IPC, CrPC deals with many of the provision incorporated in the

bill.

Suggestions::

1) Amend IPC/CrPC instead of new law.

2) Deal effectively with trouble makers, who propagate hate propaganda. (Political vision is

needed for it).

3) Pre-assess the tense atmosphere to prevent large scale conflict.

Topic: Welfare schemes for vulnerable sections of the population by the Centre and States

and the performance of these schemes; mechanisms, laws, institutions and Bodies

constituted for the protection and betterment of these vulnerable sections.

Q) “Proposed amendments to the Consumer Protection Act will further erode consumers’

rights instead of addressing existing lacunae.”Critically analyse the amendments to the bill.

(200 Words)

http://www.epw.in/commentary/consumer-protection-act.html

Ans: The proposed amendments have the following lacunae

1. The proposed digitalisation cannot be implemented without giving appropriate

equipments, training and manpower. This has been neglected and without infrastructural

support, such positions are likely to exist for namesake only.

2. The flexibility of clubbing district forums is challengeable as the existing forums often

don't suffice for the huge number of cases that are brought to it. Often these forums are

located in inaccessible places and deny ease of justice.

3. Government has empowered the state government for the selection process, without

realising that the main problem in non filling of seats is lack of remuneration for the job.

This process is likely to merely shift buck and not solve the problem by incentivising the

existing three tiered structure created.

4. The increasing of age and experience requirements (45 years and 40 years respectively) is

likely to cripple the organisation facing manpower crises. Further, it is unlikely that senior

judges would like to have this job instead of the regular courts.

5. The laggard of cases has been built up due to unnecessary involvement of lawyers and

legal restrictions. Instead of solving that, centre has proposed a monitoring mechanism. This

may overcomplicate the chaos by setting mandatory requirements of filing documents.

6. The state and national commissions have been given a discretionary power to select

experts on case to case basis. This may lead to discrimination to those lacking in proper

knowledge for utilisation of the said facility and if the provision isn't implemented in a

proper manner, then delaying of justice and corruption