Secure Mains 2017 - INSIGHTS · Topic: Salient features of the Representation of People’s Act _____18 12. Analyse the patterns of NOTA voting and find out how the voters have used

INSIGHTSONINDIA

SECURE SYNOPSIS

MAINS 2017

FEBRUARY

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GENERAL STUDIES

PAPER II

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INSIGHTS | SECURE SYNOPSIS | FEBRUARY 2017 | GS-II

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Table of Contents

Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant

provisions and basic structure. ______________________________________________________ 6

1. Examine the the values related to education that the Constitution of India upholds. Also examine

objectives of these values. (200 Words) ____________________________________________________ 6

2. The constitution of India contains special directives to protect the interests of linguistic minorities

and to promote the development of Hindi language. Critically discuss significance of these directives and

issues arising out of them. (200 Words) ____________________________________________________ 6

Topic: Structure, organization and functioning of the Executive and the Judiciary _____________ 7

3. Judicial review of executive action is an essential aspect of the system of checks and balances in a

constitutional democracy. Is the principle of judicial review under threat, especially in USA and India?

Critically examine. (200 Words) __________________________________________________________ 7

4. In the years after Independence, the framers’ delicate balancing act — between State and citizen,

between rights and public goals, between legislatures and courts — has sometimes come under immense

strain, but has survived more or less intact. In recent months, however, that balance is once again under

stress, more so because of the Supreme Court. Critically analyse these recent instances involving the

Supreme Court and their implications. (200 Words) __________________________________________ 8

5. With a pendency of 59,000 cases in the Supreme Court (SC), over four million in high courts (HC) and

a mind-boggling 25 million in subordinate courts, the judicial system is virtually dysfunctional. Considering

these facts, do you think government of India’s suggestion for appointing a Search Cum Evaluation

Committee (SEC) has a merit? Critically examine. (200 Words) _________________________________ 10

Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers &

privileges and issues arising out of these. _____________________________________________ 11

6. Various concerns have been raised against the recent promulgation of the Enemy Property

(Amendment and Validation) Ordinance. What are these concerns? Discuss. (200 Words) ___________ 11

7. It is argued that the introduction of the Aadhaar Act as a money bill contravenes the bare text of the

Constitution. Do you agree? Critically examine. (200 Words) __________________________________ 12

Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining

to the federal structure, devolution of powers and finances up to local levels and challenges

therein. ________________________________________________________________________ 13

8. Recently, the Nagaland government declared local body elections as “null and void” after some tribal

bodies, opposed to reservations for women, sought to disrupt the process. In your opinion, what should

have government done in this situation? Justify. (200 Words) _________________________________ 13

9. In the international context, foreign “aid” has been shown to create a number of adverse

effects. What are these adverse effects? Is ‘aid’ whether from foreign countries or from centre to states,

good for India? Critically examine. (200 Words) ____________________________________________ 14

Topic: Issues and challenges pertaining to the federal structure, devolution of powers and

finances up to local levels and challenges therein. ______________________________________ 15

10. What will be the likely impact of GST on per capita income of the states? Critically examine. (200

Words) _____________________________________________________________________________ 15




11. Disparities between states in India have been strengthening, not weakening, over time. The less

developed States are falling behind the richer ones instead of catching up. Discuss the causes and

remedies. (200 Words) ________________________________________________________________ 17

Topic: Salient features of the Representation of People’s Act _____________________________ 18

12. Analyse the patterns of NOTA voting and find out how the voters have used this option of negative

voting since its inception. (200 Words) ____________________________________________________ 18

Topic: Appointment to various Constitutional posts, powers, functions and responsibilities of

various Constitutional Bodies ______________________________________________________ 19

13. In essence, public service commissions act as watchdogs for the civil servants. However, over a

period of time, recruitment to these commissions have become dependent on political loyalties. In your

opinion, what should be the selection process of members to these commissions? What’s the opinion of

courts on this issue? Critically discuss. (200 Words) __________________________________________ 19

14. In the recent Tamil Nadu political crisis, what options did state Governor have in resolving the crisis?

Critically analyse merits and demerits of these options. (200 Words) ____________________________ 20

Topic: Statutory, regulatory and various quasi-judicial bodies ____________________________ 21

15. What is a quasi judicial body? Analyse advantages and disadvantages of these bodies. (200 Words) 21

16. Differentiate between statutory and regulatory bodies. Critically comment on functioning of a

statutory and a regulatory body each, especially on those which are in news. (200 Words) __________ 22

17. Examine the merits and demerits of administrative tribunals and critically comment on their

functioning. (200 Words) _______________________________________________________________ 24

Topic: Government policies and interventions for development in various sectors and issues

arising out of their design and implementation ________________________________________ 25

18. The Union food ministry has insisted that each family member must possess an Aadhaar number

within four months, to be eligible for subsidised foodgrains under the National Food Security Act. Critically

comment on the intent and practicality of this condition by the ministry. (200 Words) ______________ 25

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

Health, Education, Human Resources. _______________________________________________ 26

19. Do you think uniformity in the form of NEET should be thrust on a country that has wide regional,

economic and linguistic disparities? What was the rationale for the Supreme Court to support its

introduction? Critically comment. (200 Words) _____________________________________________ 26

20. The Good Samaritan law has not sufficed to create the confidence it takes to act in an accident scene.

Critically examine why people are apprehensive to act and how this behaviour can be changed. (200

Words) _____________________________________________________________________________ 27

21. It is said that automation, longer lives and faster technological change call for another revolution in

education. What this revolution could be? Analyse. (200 Words) _______________________________ 28

22. Recently, the Commerce Ministry sent a note to the Cabinet proposing a blanket ban on foreign

direct investment (FDI) in the tobacco sector. How will this move affect tobacco industry and foreign

companies in the sector? What other measures should India explore to better achieve the objective of

reducing tobacco consumption and be less investment-restrictive as well? Examine. (200 Words) _____ 33

23. Recently, the National Pharmaceutical Pricing Authority (NPPA) capped pricing of medical stents.

Critically examine significance of this measure and its impact on various stakeholders. (200 Words) ___ 34




24. In the light of recent protests and violent incidents in two prestigious universities in Delhi, critically

comment on the state of affairs in institutions of higher learning in India – especially on their role as

places of independent thinking and grooming ground for vibrant civil society. (200 Words) __________ 35

25. The World Health Organisation (WHO) has given the Indian vaccine regulatory structure the highest

possible rating of 4 on a majority of parameters. Explain the ranking system, and what it means to various

stakeholders. (200 Words) _____________________________________________________________ 37

26. India needs an all-encompassing healthcare model that is truly able to achieve the objective of

improving access to quality healthcare. Do you think controlling drug prices achieves this objective? What

other measures are needed to provide quality and affordable healthcare to citizens? Examine. (200

Words) _____________________________________________________________________________ 38

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

these vulnerable sections __________________________________________________________ 39

27. How do various forms of violence affect disabled people? Critically analyse. (200 Words) _______ 39

28. In the absence of clear and organised sentencing guidelines, it is said that contemporary penal policy

in India is marred by unguided judicial discretion. Critically examine. (200 Words) _________________ 42

29. Discuss the significance of observations made bySupreme Court in the Jeeja Ghosh & Anr v Union of

India & Ors (2012) case. (200 Words) _____________________________________________________ 44

30. Critically examine how India’s Bilateral Investment Treaty’s (BIT) with other countries are affecting

rights of the tribal people in India. (200 Words) _____________________________________________ 44

31. Critically analyse how does the recent union budget seek to address low income problem of farmers

and farm workers. (200 Words) _________________________________________________________ 46

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

performance of these schemes; _____________________________________________________ 47

32. Critically evaluate the impact of the Rashtriya Swasthya Bima Yojana on access to healthcare and

financial risk protection. (200 Words) _____________________________________________________ 47

Topic: Poverty and developmental issues _____________________________________________ 48

33. What does world need today – protectionist measures or free trade – to eliminate poverty?

Substantiate. (200 Words) ______________________________________________________________ 48

34. The National Institute of Mental Health and Neurosciences (NIMHANS) has estimated that

approximately 150 million people in India experience one or the other mental health condition. Discuss

the nexus between gender, poverty and mental health. Examine if interventions such as unconditional

cash transfers (UCTs) could help address mental health problem among poor. (200 Words) _________ 50

35. Despite expansion in the use of the public distribution system (PDS), there has not been much

decline in child malnutrition. Why is there such a disconnect? What other options are there to improve

child nutrition? Analyse. (200 Words) _____________________________________________________ 51

Topic: Role of civil services in a democracy. ___________________________________________ 53

36. What do you understand by public services? Differentiate between all India services and central

services. Critically comment if safeguards provided under the constitution for civil servants are in tune

with the spirit of democratic ideals. (200 Words) ____________________________________________ 53




Topic: Pressure groups and formal/informal associations and their role in the Polity; Salient

features of the Representation of People’s Act ________________________________________ 54

37. Critically analyse effectiveness of electoral reforms announced in the recent Union budget. (200

Words) _____________________________________________________________________________ 54

38. State funding of elections is said to be antithetical to democracy itself. Do you agree? Critically

comment. (200 Words) ________________________________________________________________ 58

Topic: e-governance- applications, models, successes, limitations, and potential; ____________ 59

39. The government plans to launch an Aadhaar-enabled payment system soon. Examine its advantages

over other non-cash payment options and benefits. (200 Words) _______________________________ 59

Topic: Important aspects of governance, transparency and accountability, _________________ 61

40. In your opinion, what lessons should public servants and citizens should learn from the recent

Supreme Court judgement in the State Of Karnataka v. Selvi J.Jayalalithaa & Others case? Critically

examine. (200 Words) _________________________________________________________________ 61

41. What’s the mandate of the Supreme Court appointed four-member Committee of Administrators

(CoA) of the Board of Control for Cricket in India (BCCI)? Examine the challenges that CoA faces. (200

Words) _____________________________________________________________________________ 62

42. How can accountability and transparency measures ensure better disaster management? Illustrate

with suitable examples. (200 Words) _____________________________________________________ 62

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

India’s interests _________________________________________________________________ 64

43. Do you think, at this juncture, e-commerce and investment issues should be included under WTO

agenda? Should developing countries welcome these issues under WTO? Critically comment. (200 Words)

64

44. It was said that the Trans-Pacific Partnership (TPP) Agreement’s damaging ambitions were most

evident in the proposed provisions concerning intellectual property. Do you think these provisions will be

defunct as TPP now stands cancelled? Critically examine. (200 Words) __________________________ 65

45. “With other mega regional trade agreements like the Trans–Pacific Partnership in uncertainty, trade

treaties like the Regional Comprehensive Economic Partnership will acquire greater significance beyond

their original ASEAN-centred grouping.” Discuss. (200 Words) _________________________________ 67

46. Should India allow countries such as the USA, Japan and Australia to help mend its ties with China? If

not, why should it alone try to improve its bilateral relationship with China? Comment. (200 Words) __ 68

47. Critically analyse nature of solar power dispute between India, USA and the WTO, and its implications

for India. (200 Words) _________________________________________________________________ 68

48. It is argued that geopolitics rather than geoeconomics predominates India’s thinking on possibilities

offered by the revival of the old Silk Road by the Chinese. Do you agree? Critically comment. (200 Words)

69

Topic: India and neighbours ________________________________________________________ 70

49. What are the likely consequences of recent change of policy on Iran by the United States? Critically

comment. (200 Words) ________________________________________________________________ 70

50. The clamour for security, accountability and transparency is leading to unfettered increase in the

power of states. In the light of recent amendment to the Section 132 of the Income Tax Act and similar




measures related to Aadhaar, critically comment how these measures affect citizens and governance. (200

Words) _____________________________________________________________________________ 71

51. Critically comment on recent developments that have taken place in the relations between India and

Bangladesh. (200 Words) ______________________________________________________________ 72

52. Examine the nature of and recent trends in economic ties between India and the UK. (200 Words) 73

4) In your opinion why and how should India and China repair their ties? Critically analyse. (200 Words) 74

Topic: Effect of policies and politics of developed and developing countries on India’s interests, 75

53. What is Agenda 2063? Discuss its benefits for India and the world. (200 Words) _______________ 75

54. The increasing size and complexity of the diaspora requires the government to expand capacity and

improve procedures. In this regard, examine what government is doing and what it should do. (200

Words) _____________________________________________________________________________ 77

55. Critically comment on the ‘neo-isolationist’ tendency of the new US administration and its

implications for India and the world. (200 Words) ___________________________________________ 78

56. What H1B visa reforms mean for Indian IT companies? Examine. (200 Words) ________________ 80

57. Critically comment on post-Brexit and post – Trump victory relations between the USA and the UK.

Also examine impact of their relationship on India. (200 Words) _______________________________ 81

58. How does America’s recent H1-B visa policy affect both Indian and American economy? Critically

examine. (200 Words) _________________________________________________________________ 82

Topic: Important International institutions, agencies and fora- their structure, mandate. ______ 83

59. Neither sanctions nor warnings issued by other powers have had any impact on North Korea’s

bellicose behaviour which again recently launched a medium-range ballistic missile. In your opinion, how

should the US, the UN and other powers respond and restrain North Korea? Critically comment. (200

Words) _____________________________________________________________________________ 83

NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by

definition of the term. What we are providing is content that both meets demand of the question and at the same

time gives you extra points in the form of background information.




GS II

Topic: Indian Constitution- historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.

1. Examine the the values related to education that the Constitution of India upholds. Also

examine objectives of these values. (200 Words)

Livemint

Introduction:-Our Constitution lays special emphasis on education and considers it necessary for the

development of a good citizen, society and State. The term ‘education’ has a broad meaning in our

constitution and the same can be divided into following sections:

Moral Education

i) Inclusion of respecting teachers, elders and parents as a fundamental duty in Art 51A.

ii) To protect wildlife and nature is an emphasized fundamental duty.

iii) Respecting women is yet another moral education.

Formal education

i) Promotion of scientific temperament in fundamental duties.

ii) Compulsory education till the age of 14 years is a fundamental right.

Social Education

i) Our people and the State are being taught by the Constitution to treat everyone equally.

ii) Justice to all is an important aspect of Preamble.

Objectives of these values

i) To make India more united as a society.

ii) To inculcate within people the feeling of their duty towards nation, nature and their people (Fraternity).

iii) Education for all and development of scientific temperament would help India make a mark in the global

arena of achievements.

Conclusion:-Our Constitution has touched upon almost every aspect of personal and collective growth. Now

it is the duty of the State and the people to adhere to it and make the most of the guidance of our founding

Fathers.

2. The constitution of India contains special directives to protect the interests of linguistic

minorities and to promote the development of Hindi language. Critically discuss

significance of these directives and issues arising out of them. (200 Words)

Official Language: Other Constitutional Dimensions, Indian Polity – Laxmikanth

India is a country having diverse cultures, languages ,religions , communities . To bind these diverse elements

together and to create a unified India constitution has various provisions and directions. It includes provisions

encompassing the safeguards for the linguistic minorities in the states, and for the development of the Hindi

language.

The significance and the issues arising out of them are:

Promotion of Hindi as a national language can help foster national unity.

The linguistic minorities have been able to preserve their cultural identity over the years.

Language had served as an essential element of bonding and fulfillment of regional aspirations.

Communication in regional language helps with administrative efficiency within the state functioning.

However, some of the negative highlights of such provisions have been:

Attempts to forcibly introduce Hindi as the sole language has led to tensions in some states, especially

those in the south such as Tamil Nadu.


http://www.insightsonindia.com/2017/02/16/2-examine-values-related-education-constitution-india-upholds-also-examine-objectives-values/

http://www.insightsonindia.com/2017/02/16/2-examine-values-related-education-constitution-india-upholds-also-examine-objectives-values/

http://www.livemint.com/Opinion/PfQu8QkW9dHmtNlw0wEbeP/Education-and-the-Constitution-of-India.html

http://www.insightsonindia.com/2017/02/21/6-constitution-india-contains-special-directives-protect-interests-linguistic-minorities-promote-development-hindi-language-critically-discuss-significance-di/





Often, the provisions for receiving education in minority languages in states are found to be extremely

inadequate.

The directives present in the constitution for protection of linguistic minorities are:

Fundamental Rights (Articles 29 and 30) allows linguistic minorities to establish their educational

institutions and manage its affairs.

Article 350A – provides for instruction in mother tongue in primary stage of education. State and local

authority should ensure this provision.

Appointing Commissioner for Linguistic minorities.

Issues:-

Minority educational institutions discriminating with others.

State has to provide extra resources.

CONCLUSION –

These issues (about Hindi language) are reflective of India is having Federal structure where views and opinions

of people having different background are considered – promoting Federalism. Providing rights to linguistic

minorities helped to assimilate them in mainstream and eliminating skepticism about majority speaking language

imposing on them.

Topic: Structure, organization and functioning of the Executive and the Judiciary

3. Judicial review of executive action is an essential aspect of the system of checks and

balances in a constitutional democracy. Is the principle of judicial review under threat,

especially in USA and India? Critically examine. (200 Words)

EPW

Introduction-

Judicial review is a process under which executive and (in some countries) legislative actions are subject to

review by the judiciary. A court with judicial review power may invalidate laws and decisions that are

incompatible with a higher authority; an executive decision may be invalidated for being unlawful or a statute

may be invalidated for violating the terms of a written constitution. Judicial review is one of the checks and

balances in the separation of powers: the power of the judiciary to supervise the legislative and executive

branches when the latter exceed their authority.

Is the principle of judicial review is under threat in USA?

Recent face-off between executive and judiciary over the presidential order of banning immigration from 7

Muslim majority countries has created perception of distrust between the two. The present American president

has criticized judiciary of opening up the country to ‘potential terrorists’ thereby compromising national security.

This criticism is not just a matter of disagreeing with the correctness of the respective courts’ reasons for the

orders. Rather, they are a direct attack on the legitimacy of the courts themselves. While previous American

presidents have disagreed with judges on matters of policy and interpretation of the Constitution, they

maintained the legitimacy of judiciary.

Though the conflict btw the executive and Judiciary is not a new experience but the fact that the recent

example has doubted the judicial review of federal court, this reflects the new dimension of conflict.

But this could not put the judicial review under the threat owing to the supremacy granted to the judiciary, rigid

constitutional amendment feature and security of tenure of judges which grants them autonomy and capacity

to limit the executive decision. What we can say from recent incidences that The US may be about to enter an

era of unprecedented conflict between the judiciary and the executive.


http://www.insightsonindia.com/2017/02/18/3-judicial-review-executive-action-essential-aspect-system-checks-balances-constitutional-democracy-principle-judicial-review-threat-especially-usa/



http://www.epw.in/journal/2017/7/commentary/legitimacy-judicial-review.html

https://en.wikipedia.org/wiki/Executive_(government)

https://en.wikipedia.org/wiki/Legislature

https://en.wikipedia.org/wiki/Judiciary

https://en.wikipedia.org/wiki/Constitution

https://en.wikipedia.org/wiki/Checks_and_balances

https://en.wikipedia.org/wiki/Checks_and_balances

https://en.wikipedia.org/wiki/Separation_of_powers



Is the principle of judicial review is under threat in India?

Although doctrine of judicial review is not explicitly mentioned in the constitution of India, judiciary derives this

authority from art 32 in case of Supreme Court and art 226 in case of state high courts. In India too there have

been many incidences of undermining judicial supremacy. Some of them are constitutional amendments

25th (1971) and 42nd (1976) to nullify doctrine of judicial review, during Indira Gandhi era judges were chosen

and promoted for their adherence to the ruling party’s line, and not for their independence or ability and more

recently decision of supreme court banning jallikattu sport has been overruled by promulgating ordinance by

executive.

These incidences do show the growing friction between two important pillars of state. However it should be

taken into account that institution of judiciary is evolving in India. In fact judiciary has taken number of steps to

maintain its independence and power of judicial review like promulgating doctrine of basic structure (keswanand

bharti case,1973), only senior-most judge of supreme court to become chief justice of India (second judges

case, 1993), scrapping government’s decision of setting up of NJAC. Moreover some friction and healthy

debates and discussions between executive and judiciary would only help in strengthening Indian institutions.

Conclusion-

Effective functioning of executive, judiciary and legislature is important for healthy state of democracy.

Maintaining the dignity and respecting the sovereignty of each other would determine the progress of Indian

democracy. Discrete incidences in India or in USA are unlikely to jeopardize the authority of judicial review in

both the countries.

4. In the years after Independence, the framers’ delicate balancing act — between State and

citizen, between rights and public goals, between legislatures and courts — has sometimes

come under immense strain, but has survived more or less intact. In recent months,

however, that balance is once again under stress, more so because of the Supreme Court.

Critically analyse these recent instances involving the Supreme Court and their

implications. (200 Words)

The Hindu

INTRODUCTION –

Legislature , executive and judiciary are the three pillars of our democracy. Fine balance between them is

necessary for survival of our democracy, rightly predicted by our framers and interpreted so by S.C. It included

both separation of powers as well as power of judicial review in ‘Basic Structure of constitution’. Overreach of

any one arm strains this balance.

After playing a largely “interpretative” role in the 1950s and 1960s, the Supreme Court, starting from the 1970s

has been the major force standing up against legislative and executive excesses and inactions. Judicial activism

is necessary to ensure that constitutional and legislative powers are not used as tools to aid an authoritarian

Government.

However, recently the hyper-activism on part of higher courts, including the Supreme Court has landed them

into territories that are constitutionally not theirs. They have begun to redefine their role under the Constitution,

transforming itself from the guardian of civil rights to a great, overarching moral and political censor.

The recent instances and implications :

JUDICIAL EXECUTION –

1. Parallel Censorship:

Pro-active censorship in case of Jolly LLB-2 curtails freedom of expression, and the court acted over

reachingly to protect its prestige. Also, it constrains individual freedom for creativity.

No demonstration of legal framework under which decision is taken.

However, showing of these scenes might have eroded the trust factor of citizens on courts and may also promote

use of adventurous ways in court to gain attention (Eg. Hurling of shoe).


http://www.insightsonindia.com/2017/02/20/3-years-independence-framers-delicate-balancing-act-state-citizen-rights-public-goals-legislatures-courts/






http://www.thehindu.com/todays-paper/tp-opinion/upsetting-a-very-fine-balance/article17331540.ece



But, the way in which defamatory scenes were cut despite clearance from censor board and freedom of

expression is curtailed is not setting the good precedent.

2. Imposed Patriotism:

Interim order by SC compelling all cinema halls to play national anthem.

Though the motive of court was right as they felt that feeling of ‘nationalism’ was lessening and need to promote

social harmony, but order looked more like a ‘Compelled Patriotism’ and the court acted on PIL without any

prevailing law to base the decision upon.

A patriotic feeling can only evolve naturally from within than through compulsion. Moreover, Prevention of Insults

National Honour Act 1971,does not force anyone to stand up or sing national anthem.

Further it seems to curtail the ‘Right not to express’ (under freedom of expression; Article .19)

3. Restrictions on information:

Interim order on prohibiting advertisement regarding pre-natal sex determination.

It infringes freedom of Internet as such step will limit individual freedom access to such sites for research,

investigation or curiosity on pretext of PC&PNDT Act.

4. Acquiring role of executive in case of BCCI:

While making BCCI more accountable, transparent and democratic, S.C. went beyond its territory and overtook

role of executive.

However, the functional vacuum created by executive failure in case of BCCI is largely responsible for court’s

over activism.

JUDICIAL LEGISLATION –

Supreme Court is well within authority if Legislative body fails to listen to some genuine public demand or an

act of natural justice, but legislating the law at first instance itself, without giving time to legislature would not set

a good precedent.

5. Ruling regarding Religion and Elections –

While adhering to the secular fundamentalism, S.C. went beyond its role of interpreting the law . It prescribed

new law on its own through its ruling, that too without suggesting concrete framework leaving scope for

speculations.

JUDICIAL ACTIVISM OR OVER-ACTIVISM :

Judiciary has taken suo moto grievances, safeguarding fundamental and natural rights of citizens. The

instrument of PIL has helped Judiciary deliver justice, even at places where executive or legislative failed. There

are numerous good examples like rights of inmates, right to good environment, health, education, child rights,

etc.

6. PIL raj –

People are now taking the route of PIL first instead of first demand at elected representatives hence undermines

democracy. Hence it is like creation of third chamber.

However, admitting even private interests as PILs is emerging as unfortunate trend these days. Resolution of

corporate disputes, making some practice or reading some literature in schools, etc. should not be allowed to

divulge core pursuits of the higher courts of the country.

CONCLUSION –

Courts have transformed themselves into guardian of civil rights to an overarching moral and political censor

which was not thought by framers in Original constitution. Past orders like striking of Section 66A of IT Act

(freedom of speech), Liberalizing law of obscenity (Prevent arrest of AIB members while also upholding Sec

292,294 of IPC) have done an excellent job at protecting this delicate balance.




Though courts are filling the vacuum created by executive non-performance, the courts must be aware of

‘Judicial Overreach’ which may be detrimental to the delicate balance critical for success of our democracy.

5. With a pendency of 59,000 cases in the Supreme Court (SC), over four million in high courts

(HC) and a mind-boggling 25 million in subordinate courts, the judicial system is virtually

dysfunctional. Considering these facts, do you think government of India’s suggestion for

appointing a Search Cum Evaluation Committee (SEC) has a merit? Critically examine. (200

Words)

The Indian Express

Introduction-

Indian judicial system has disproportionately high number of pendency of cases. Further selecting judges

through existing collegium system results into massive waste of time and resources. In this view the government

has suggested appointing a Search Cum Evaluation Committee (SEC) to assist and stream line judicial

appointments.

Proposed structure of SEC

It will comprise of former judges, academics and other experts.

Membership of SEC is to be decided by the Chief justice of India (CJI) in consultation with the union

government

SEC to have three year tenure.

Examining the merit of SEC

A SEC would assist HC and SC collegiums in expanding the zone of consideration, undertaking due

diligence and acquiring necessary clearances. This would save the time and efforts of judiciary while

appointing the judges. The eg of Madhya Pradesh HC is evident where only one judge was appointed after

scrutinising 71 judges.

The SEC will only recommend candidates in the ratio of 5:1 for the HC and SC collegiums to then select

and forward to the GoI for required consultations. After due diligence, the rejection rate should come down

dramatically.

Being a subordinate body, the SEC will not in any sense restrict the supreme authority and autonomy of

the SC collegium in the selection of judges. It will only institutionalise the search and selection process,

making it objective, transparent and expeditious.

With its composition of former judges, academics and other experts, the SEC would effectively widen the

zone of consideration, which, at present, is highly circumscribed. Considering the availability of large

number of advocates eligible for the post of judge, SEC is must to help existing collegium system.

Otherwise the entire selection process thereby inevitably becomes subjective and opaque.

SEC will bring judicial appointments in line with the practice in vogue in the GoI now, where senior-most

appointments in the bureaucracy and regulatory bodies go through search and selection committees

before being recommended to the Appointments Committee of the Cabinet for final approval.

Conclusion- Establishing SEC would be a right step in streamlining the judicial appointment. However it must

be taken into account that SEC solely cannot prove panacea for reforming judiciary. Other steps like curbing

corruption at the lower courts, imbibing ethical values among judges, creating required infrastructure and use

of technology should be taken along with SEC.


http://www.insightsonindia.com/2017/02/01/4-pendency-59000-cases-supreme-court-sc-four-million-high-courts-hc-mind-boggling-25-million-subordinate-courts-judicial-system-virtually-dysfunctional/





http://indianexpress.com/article/opinion/columns/judicial-system-indian-judiciary-supreme-courtjudges-appointment-j-s-khehar-thakur-4501330/



Topic: Parliament and State Legislatures – structure, functioning, conduct of business,

powers & privileges and issues arising out of these.

6. Various concerns have been raised against the recent promulgation of the Enemy Property

(Amendment and Validation) Ordinance. What are these concerns? Discuss. (200 Words)

The Hindu

Background:-

The recent promulgation of the Enemy Property (Amendment and Validation) Ordinance saw some controversy

as it was the fifth time that the law was being introduced through the ordinance route.

In the wake of the Indo-Pak war of 1965 and 1971, there was migration of people from India to Pakistan. Under

the Defence of India Rules framed under the Defence of India Act, the Government of India took over the

properties and companies of such persons who had taken Pakistani nationality. These enemy properties were

vested by the Central Government in the Custodian of Enemy Property for India.

After the 1965 war, India and Pakistan signed the Tashkent Declaration on 10.01.1966. The Tashkent

Declaration inter alia included a clause, which said that the two countries would discuss the return of the property

and assets taken over by either side in connection with the conflict. However, the Government of Pakistan

disposed of all such properties in their country in the year 1971 itself.

Highlights of the Recent Bill

The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property

in the Custodian

The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This

applies retrospectively to transfers that have occurred before or after 1968.

The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.

Various Concerns:-

The frequent repromulgation of ordinances is a cause of serious concern. It was repromulgated for the

sixth time now. It also undermines the authority of legislature in law making.

Declaring Indian Legal heirs of erstwhile enemies as enemies is also against the law since these heirs are

the citizens of India and hence barring them to inherit the property of their ancestors is illegal.

Underscores Judicial supremacy

SC in Krishna Kumar case has reiterated the principle that re-promulgation of ordinances is a fraud on

the Constitution.

• SC judgement in Union of India vs Raja Mohd. Amir Mohd. Khan case has stated that respondent who

was born Indian or his Indian citizenship not in question cannot be held as an enemy or enemy subject.

Hence the ordinance is an attempt to nullify SC verdict.

Contrary to spirit of constitution

Re-promulgating the ordinance as alternative to failure of attaining legislative mandate undermines the

spirit of article 123 of the constitution.

• Although the removal of basis of SC judgement on enemy subject is legal, the ordinance stands

contrary to Right of equality guaranteed under Article 14.

Out of 16000 properties of enemies most of them belong to Muslims and very few to Chinese Nationals,

so it is also been viewed as an anti-minority move, which should be dealt cautiously and should not be left

to play any political card.

Conclusion:- Pakistan had sold or disposed of property belonging to Indians nationals and firms in 1971 itself,

while in India such property is in the hands of a Custodian. Further frequent repromulgation of ordinance make

it worse while undermining the constitutional principals & its institutions.


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http://www.thehindu.com/todays-paper/tp-opinion/Story-of-a-controversial-ordinance/article17316230.ece



7. It is argued that the introduction of the Aadhaar Act as a money bill contravenes the bare

text of the Constitution. Do you agree? Critically examine. (200 Words)

The Hindu

About Aadhaar:

Aadhaar is a 12 digit unique-identity number issued to all Indian residents based on their biometric and

demographic data. The data is collected by the Unique Identification Authority of India (UIDAI), a statutory

authority established on 12 July 2016 by the Government of India, under the Ministry of Electronics and

Information Technology, under the provisions of the Aadhaar Act 2016.

Aadhaar is the world’s largest biometric ID system, with over 1.123 billion enrolled members as of 28 February

2017. As of this date, over 99% of Indians aged 18 and above had been enrolled in Aadhaar.

Aadhaar is not a proof of citizenship, and does not grant any rights to domicile in India.

About Money bill :

The constitution defines those bills as Money bills under Art 110 which contains provisions related to regulation

of taxation, money withdrawal from consolidated fund of India etc. Any bill that contains matter beyond the scope

of this provision are treated as an ordinary bill. A money bill enjoys certain privileges during its passage such

that the role of Rajyasabha is restricted and it can’t be rejected by The president. The constitution further

mentions that the power of certification of a bill as money bill vests with the speaker and its decision is final.

The recent introduction of Aadhar act as money bill contravenes the bare text of constitution as:

Aadhar is meant to create a database of bio-metric and other details of Indian residents so that it provides

a unique identity to its residents. The scheme is to ensure targeted subsidy and other transfers from the

government to its residents.

It doesn’t deal solely with the matter related either to taxation or to money functions. The only provision

related with money, contained in the bill is that, the money required to create this database has to come

from consolidated fund of India.

It has got the certification of money bill by the speaker which is the final authority to decide. But if we refer

to the bare constitutional text, this bill contains provisions other than matter related with money bill (like

collection of private data from residents) hence; it should have been introduced as an ordinary bill.

Along with contradictory aspect of being money bill or not , it encroaches the right to privacy of an individual

( article 21 ) enshrined in the constitution as Fundamental right . This arbitrariness is against the basic

tenets of the constitution.

The introduction of Aadhar as a money bill was to prevent it from the scrutiny of Rajya sabha where the ruling

party don’t enjoy majority. Therefore it is a subversion of democratic principles. The bill contains provision which

relate to the right to privacy of individuals and it needed to be discussed and debated in both houses of the

parliament. The Supreme Court should consider the facts in this particular case and draft clear guidelines related

to the speaker’s power Vs. judicial review regarding money bill so as to protect the citizen right and parliamentary

democracy.

The Aadhar scheme is indeed a unique initiative to grant all Indians with a unique identity, and that would help

provide services in a targetted manner. But, it also needs to pass the test of legality, and must not be accused

of esacping the complete scrutiny of the Parliament, just on the basis of it having been passed as a money bill.


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http://www.thehindu.com/todays-paper/tp-opinion/what-exactly-is-a-money-bill/article17373986.ece



Topic: Functions and responsibilities of the Union and the States, issues and challenges

pertaining to the federal structure, devolution of powers and finances up to local levels and

challenges therein.

8. Recently, the Nagaland government declared local body elections as “null and void” after

some tribal bodies, opposed to reservations for women, sought to disrupt the process. In

your opinion, what should have government done in this situation? Justify. (200 Words)

The Hindu

About the issue:-

Article 371A of the Constitution secures a special status for Nagaland.

But as the civil society groups striving for reservation have argued, urban local bodies are not part of

traditional Naga society, and ULBs are constitutional bodies to which customary Naga laws cannot be

applied.

The conduct of the long-delayed elections was achieved after a protracted legal struggle led by women’s

groups. Arguments against women’s reservation invoking Naga customs have been consistently quashed

by the courts, ultimately paving the way for elections to be announced for February 1.

The State government later submitted to pressure exerted by the Naga Hoho, an apex group of 16 tribal

groups, which smelled blood and sought Chief Minister T.R. Zeliang’s resignation.

Background:-

The Article 371(A) in the constitution says, “Notwithstanding anything in this Constitution, (a) no Act of

Parliament in respect of (1) religious or social practices of Nagas, (2) Naga customary law and procedure, (3)

and administration of civil and criminal justice involving decisions according to Naga customary law, (4)

ownership and transfer of land and its resources, shall apply to the state of Nagaland unless the Legislative

Assembly of Nagaland by a resolution so decides.”

What should the government have done? :-

Application of Rule of Law:- Instead of bowing down to the pressure groups government should have

forced the rule of law in order to hold on the reservation system

Persuasion of Tribal bodies: – Negotiations and persuasions stands out to be an important tool in such

processes. The protesting tribal bodies should be persuaded, showing them the examples and results of

providing such quota in other rural areas, which has helped improve local governance, enhancing

outcomes in delivery of civic services, such as drinking water supply, sanitation and irrigation etc.

Listening to the public opinion rather than to the pressure groups: – Despites bands and disruptions

a large number of people participated in the election process.

Tackling the insurgency issues: – Government needs to wipe out the insurgency problems in order to

prevent such incidences in future.

Infusing modern ideas while keeping the Naga customs intact:In order to bring out positive changes

and to promote gender equality and emancipation of women and uprooting patriarchy it’s necessary to

infuse modern ideas while keeping Naga customs intact.

The male members objecting reservation should have been convinced by showing the benefits of quota in

improving local governance, enhancing outcomes in delivery of civic services related to basic amenities of

life.

Government should also have started the initiatives on a smaller scale first in order to understand the

problems and required strategies to implement the policy on bigger platform.

Conclusion:-

The state has a tight rope to walk here. But it is the duty of the state to ensure the justice and rule of law prevails

over populist ideas. Civil society and people with progressive mind-set can be collaborated with to pass this


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http://www.thehindu.com/todays-paper/tp-opinion/Bowing-down-to-patriarchy/article17280466.ece



message to the bottom most strata of the society. The Centre also should ensure the rule of law, upholding the

Constitutional provision of women’s representation instead of seeing Nagaland merely from the lens of the still-

pending peace accord.

9. In the international context, foreign “aid” has been shown to create a number of adverse

effects. What are these adverse effects? Is ‘aid’ whether from foreign countries or from

centre to states, good for India? Critically examine. (200 Words)

Livemint

Foreign aid, in theory should improve lives and raise people out of poverty, leading to sustainable growth and

development. The unfortunate truth, however, is that foreign aid has often presented more challenges than

opportunities to aid recipients.

Adverse effects of the foreign aid-

Aid perpetuates resource dependency, in the sense that since revenues are being provided from outside,

recipient countries may fail to or have little incentive to develop their own tax bases or their institutions.

And it is institutions that have been found to be critical for growth, much more than overall resource

availability.

Foreign aid could increase the amount of money in the country that could spur inflation and appreciate

domestic currency leading to erosion of export profit and reducing import competitiveness. The

phenomenon is also called as Dutch disease.

Increased corruption- One of the most frequent criticisms of foreign aid is how it fuels rampant corruption

in the countries that receive it.

Tendency of governments to become anti-democratic- As aid flows in, citizens of the recipient countries

effectively become dis-enfranchised as increasingly all their governments need to do to stay in power is to

court and cater to foreign donors. Such governments have less of a need to raise taxes, and as long as

they pay their army and security apparatus well, they can be relatively relaxed about the views and opinions

of their disgruntled people.

Increased Bureaucracy- The economic environment that created aid bureaucracies has therefore built

unproductive organizations that define their output as money disbursed rather than service delivered,

produce many low-return observable outputs like glossy reports and “frameworks” that can be used to

justify their spending and put enormous demands on those with scarce administrative skills in poor

countries who could otherwise be engaged in doing something useful.

In Indian context-

Role of domestic aid-

Domestic aid is also called as Redistributive Resource Transfers,” (RRT)—as gross devolution adjusted for

some benchmark for the normal resources a state can expect to receive, which we define as the state’s share

in aggregate gross domestic product (or alternatively as a state’s share in own tax revenues). Thus, RRT are

transfers over and above states’ contribution to GDP (or taxes) and serve as a useful, if imperfect, measure of

“aid”.

Higher RRT in Indian context seem to be associated with:

Lower per capita consumption

Lower gross state domestic product (GSDP) growth

Lower fiscal effort (defined as the share of own tax revenue in GSDP)

Smaller share of manufacturing in GSDP

Weaker governance

Populist policies by central government for political benefit.


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http://www.livemint.com/Opinion/ba1tQUh11aS1O4W340xNnO/The-pathologies-of-redistributive-resource-transfers.html



Role of foreign aid-

Foreign aid could help in building critical infrastructure required for faster and inclusive growth. Eg Projects

financed by World Bank like Uttarakhand health system and development project, Bihar rural roads project.

Also projects like dedicated freight corridors are financed by World Bank and Japan.

Foreign aid could also help in alleviating large scale poverty and illiteracy in India.

In an emerging economy like India where tax payers and tax resources are yet reaching to threshold level,

the foreign aid can meet the short term need of the capital which India can repay once her own resources

generating capacity rises.

But at the same time there are adverse effects of foreign aid as mentioned earlier. Thus India needs to be

careful in accepting foreign aid and should be judicious in its use.

Conclusion-

Clearly, the “solution” cannot be to dispense with domestic aid or RRT altogether, since in a federal system the

Centre must play a redistributive role because it will always have to redirect resources to under-developed

states. Rather, the Centre will need to ensure that the resources it redistributes are used more productively.

Topic: Issues and challenges pertaining to the federal structure, devolution of powers and

finances up to local levels and challenges therein.

10. What will be the likely impact of GST on per capita income of the states? Critically examine.

(200 Words)

Livemint

Introduction –

Goods and Services Tax (GST) is an indirect taxation system aimed at realizing the goal of “one nation one tax”

and is expected to improve ease of doing business due to simplified taxation. GST (CGST, SGST, and IGST)

is considered as biggest tax reform since independence, attempts to simplify indirect tax regime and bring

uniform taxation in the country, and act as economic unifier between Centre and States. However, it would have

varied impact on the different states at different economic level.

Impact on Per Capita Income (PCI) of all states –

1. Fiscal capacity of states-

Uniform, simplified GST regime will increase the tax base.

It has a unique feature of ‘Input tax credit’, which will bring unorganized sector under tax-net.

Improved governance and reduced corruption will further increase revenue collections.

This will in turn promote infrastructure development and GDP growth.

2. Boost to the Investments –

Cheaper capital goods – ‘REVENUE NEUTRAL RATE’ [RNR] report of ‘Aravind Subramaniam committee’

(Dec. 2015) said that investments in the economy will improve with a more seamless and efficient crediting

of taxes paid on capital goods. Capital goods prices will become cheaper, as companies will avail tax

credits. This could lead to incremental GDP of 0.5 %.

Business – this will be simplified and business administration will be less expensive, boosting investments.

Savings – there will be savings on tax, lower production prices, lower retail prices of goods and services,

thus increased savings and GDP.

FDI – predictable, simple and uniform taxation will increase FDI flow to the states.


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3. Increase in the trade –

GST regime will make the country ONE MARKET, thus promoting the free movement of goods, services

as well as labor.

This will enhance the consumption and income sources.

Impact on PCI-divergence between states –

1. Fiscal capacity of states –

Due to destination based nature of GST, it can be said that the states with lesser manufacturing hubs, will

get more tax revenue due to dominant consumption nature. This may lead to an initial decrease in per

capita income of the manufacturing states, as this will hit the tax revenue (or GSDP) of respective states.

This will lead to higher income generation in the poorer states, which will help in countering the

accumulation of both manufacturing hubs and consequent development in certain regions of the country.

So currently consumption-oriented states, like Bihar, which do not have many industries for indirect tax

collection but consume heavily, will see a huge benefit. So they can spend more on infrastructure and

provide good atmosphere for industries.

On the other hand, this may also lead to decrease in incentive to expand industrial infrastructure in the

states, which may hamper the business atmosphere in the nation and further decrease per capita incomes

in the erstwhile dominant manufacturing states of the country.

To counter such an effect, the Government has designed a compensation package to offset the regressive

impact of the GST, by proposing a 1% tax over and above the IGST for a limited period for all interstate

transactions.

2. Removal of fiscal tool to attract investors –

Through the tax – exemptions, poorer states were in a position to attract investors in pre-GST era. But with

uniform GST regime, these states will lose this fiscal tool. Whereas, with better infrastructure and

development, richer states will be at advantage.

Case study – Apple wants to set up a manufacturing plant in India, a very welcome development for

investment- and job-starved India. Apple is negotiating for certain tax exemptions and in a pre-GST era,

states would have competed with each other to offer these exemptions and throw in other incentives to

attract Apple. In a GST regime, the ability of poorer Uttar Pradesh to wean Apple away from richer

Karnataka using tax tools is even more diminished. To be sure, there are various other factors of

governance, law and order, land and labour costs that will influence Apple’s choice of state. Perhaps states

can still circumvent the GST spirit of one market one tax by offering cashbacks in lieu of GST as incentives

to companies. Whichever way one expects this to play out, it is indubitably clear that with GST, and Uttar

Pradesh is in no better a position to attract Apple vis-à-vis Karnataka than it is without GST. So, GST at

best will not have an impact on the current disturbing trend of income divergence of states or at worst will

exacerbate it by removing a powerful fiscal tool of states.

3. Increased inter-state trade –

If there are restrictions on free movement of labour or capital or goods within a nation, it can potentially

thwart convergence trends.

Different excise taxes have widely been believed to retard inter-state trade, and this, indeed, has been one

of the main motivations behind the goods and services tax (GST).

So, increased inter-state mobility will benefit poorer states.

Conclusion –

Thus, one of the consequences, no doubt unintended, of the GST, is a dramatic widening in income inequality

among the states. The fact that the average resident of the richest state now has an income four times higher

than that of the average resident of the poorest state is a level of interstate income inequality unparalleled

among large federal polities in the world, which, as we can see with the US and EU as examples, have showed

a tendency towards convergence.




Rising divergence in per capita income levels among major states of the Indian Union is a political economy

issue. If the trend toward divergence continues, and poorer states lag further behind richer ones, this is sure to

put strain on our federal polity with its centralizing tendencies.

So, proper implementation of GST regime and special attention to the lagging states is necessary.

11. Disparities between states in India have been strengthening, not weakening, over time. The

less developed States are falling behind the richer ones instead of catching up. Discuss

the causes and remedies. (200 Words)

The Hindu

REASON FOR DIVERGENCE INSTEAD OF CONVERGENCE

1)HISTORICAL FACTORS:-Some states like West Bengal and Western Maharashtra got historical lead due

to British establishments. Some ports like Surat in Gujrat, Cochi in kerala, Calcutta in west Bengal,

Vishakhapatnam in Andhra Pradesh were developed since British time period.

2) GEO-STRATEGIC FACTORS: The difficult terrain, waterways, climate etc, for e.g. coastal states has done

well due to their developed ports and waterways for trade in comparison to the inland regions.

3)SOCIAL FACTORS: The poor and iliterate sections of less developed regions has high fertility rate thus

growing population and the incapacity to harness rich demographic dividend due to less developed job market

leads to backwardness of state.

4)ADMINISTRATIVE FACTORS: Red tapism, corruption, low ease of doing of business environment and

political, administrative inefficiency to manage insurgency(Maioism, Naxalism, Naga unrest) in these regions.

5)ECONOMIC FACTORS: High input cost due to inadequate infrastructure, lack of demand driven market

and less support (subsidy, taxation etc)from already financially insufficient state are reasons for disparities.

Also historical economic pattern of state like Uttar Pradesh, Bihar mostly depends on agricultural activities,

while other states like southern states are driven by service economy.

6) POLICY FACTORS:-Centre in past had adopted particular policies like Green Revolution in states of

Punjab, Haryana leaving behind other states. Mostly infrastructure developments of Fast trains, Bullet trains

happen in cities like Mumbai, Ahmedabad.

7) NATURAL RESOURCES:-Most important reason for regional disparity is that India’s different regions are

endowed with different natural and human-based resources. Some states such as West Bengal, Jharkhand,

Odisha, Chhattisgarh etc. are endowed with better mineral resources while others such as Punjab and

Haryana have better irrigation facilities.

8) OTHERS: social barrier(gender wage gap), poor skills, poor health and education services allocation, state

incapacity of redistribution of income etc.

REMEDIES:-

Bridge the gap:- Centre must adopt suitable policies in favor of lagging states ex financial support,

targeted schemes for all round development of these states, infrastructure development etc.

Schemes like SMART city development projects, RURBAN mission, Sansad Adarsh Gram Yojana needs

promotion in these states.

Competitive federalism must be channelized to develop the least developed. Statewise Ease of doing

business ranking will help to find out inadequacies in some states to grow.

Breaking the dependency on traditional economic pattern of the state ex Agriculture and diverting state

resources to other activities like horticulture, organic farming which gives favorable remunerations.

Skilling of youth of such state is important with Skill India, USTAD, Nai Manzil in order to increase self-

employability rate and stop their immigration to other states.

Conclusion:-Central government and state government must work together for overall development of India.

Real development happens when each and every part of country progress together.


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Topic: Salient features of the Representation of People’s Act

12. Analyse the patterns of NOTA voting and find out how the voters have used this option of

negative voting since its inception. (200 Words)

The Hindu

None of the Above or NOTA is designed to allow the voter to indicate disapproval of all candidates in an election.

It was introduced in India following the 2013 Supreme Court directive in the People’s Union for Civil Liberties v.

Union of India judgment. Thus, India became the 14th country to institute negative voting. However, NOTA in

India does not provide for a ‘right to reject’. The candidate with the maximum votes wins the election irrespective

of the number of NOTA votes polled.

Patterns observed during elections of NOTA voting are as follows: –

1) NOTA polling figures are still small. On an average, the maximum NOTA vote share has not crossed 2.02%

of the total votes polled in any election cycle.

2) NOTA button saw its debut in the 2013 Assembly elections held in four States — Chhattisgarh, Mizoram,

Rajasthan and Madhya Pradesh and the former Union Territory, Delhi, where NOTA constituted 1.85% of the

total votes polled.

3) The average NOTA vote share dropped to 0.95% in the 2014 Assembly elections held in eight States.

4) Bihar saw 2.49% of NOTA votes, which remains the highest NOTA votes polled so far in any State in

Assembly elections.

Analysis of NOTA voting patterns –

1) Marginal share- share of NOTA has never crossed more than 2.02% in any of the elections.

2) Reserved constituencies- have seen a larger share of NOTA votes being polled which points to social

prejudices against political reservation of SC/STs.

3) Constituencies affected by LWE- have used NOTA as a dissent against the State; a democratic display of

resentment rather than boycotting polls altogether.

4) Corruption and high rates of crime- States like Bihar with high rates of criminal activity and rampant

corruption register a large share of NOTA votes as a means of dissent against the persisting state of affairs;

campaigning of youth for NOTA against corruption in Tamil Nadu elections.

5) Women’s representation- states like Kerela have women campaigning for NOTA in case if no women

candidates in a constituency.

6) Direct contest between major political parties- causes more voters to use NOTA as lack of alternative

candidates.

7) Impact on election outcome- 261 assembly constituencies and 4 Lok sabha constituencies had greater

proportion of NOTA than the winning candidate.

To make it more effective-

1. Voters must bring back the true spirit of Representatives Democracy by making MP/MLA and their qualities

and capabilities at center of making the decision for whom to vote.

2. Political parties must raise their bar and improve the quality of their candidates.

3. Efficient use of NOTA option has potential to increase voter turn out and to make India truly representative

democracy, policy makers must work towards making it a right to reject so that people will use it wisely.

CONCLUSION –

This clearly shows that NOTA is being used as a means of protesting against the prevailing conditions in the

political system. However, it will become meaningful as a means of negative voting only if becomes a ‘right to

reject’ rather than merely being a symbolic instrument to express resentment. The ECI must entail the voters

their right to rejection in light of the recent trends introduced by NOTA.


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Topic: Appointment to various Constitutional posts, powers, functions and responsibilities

of various Constitutional Bodies

13. In essence, public service commissions act as watchdogs for the civil servants. However,

over a period of time, recruitment to these commissions have become dependent on

political loyalties. In your opinion, what should be the selection process of members to

these commissions? What’s the opinion of courts on this issue? Critically discuss. (200

Words)

The Hindu

Context– Recently three crucial appointments made by Tamilnadu government were set aside by the madras

high courts. All three selections appeared to be a form of rewarding political loyalty by party in power.

Introduction-

Public service commissions are vested with the responsibility of selecting members of bureaucracy which is

backbone of Indian democracy. If chairperson and members of public service commission are appointed

considering the political loyalty rather than merit, the system would malfunction producing substandard civil

servants.

Existing provisions of appointing members of public service commissions-

Art 316 states that the Chairman and other members of a Public Service Commission shall be appointed, in

the case of the Union Commission or a Joint Commission, by the President, and in the case of a State

Commission, by the Governor of the State: Provided that as nearly as may be one half of the members of every

Public Service Commission shall be persons who at the dates of their respective appointments have held office

for at least ten years either under the Government of India or under the Government of a State.

Critical assessment and opinions of the judiciary

No criteria other than the half of the members having work experience of 10 years under government of India

or state, has made appointment process of members of commission subjective, ambiguous and vulnerable to

political interference. Thus in such matters judiciary has expressed its disappointments and have pronounced

some landmark judgments.

In Upendra Narayan Singh case, 2009 with regarding to Bihar public service commission supreme court

observed that “The Public Service Commissions which have been given the status of constitutional authorities

and which are supposed to be totally independent and impartial while discharging their function in terms of

Article 320 have become victims of spoil[s] system”

Recently 11 appointments made by the State Governor to the Tamil Nadu Public Service Commission were

set aside by the Madras High Court by stating that appointment process was suspicious. Further Supreme Court

refused to stay the order.

Further the court opines that any person should not be rejected on the basis of his past political affinities, as

that will violate the Fundamental rights and lead to unjustified discrimination. If the person has carried out his

duties in an honest manner in the past, he should be considered for the post.

The procedure to be followed for appointments –

The selection process should be transparent, impartial and merit of the candidate should be the ultimate

criteria.

Objective criteria should be evolved so that caliber of different candidates is measured on the same scale.

It will also remove ambiguity in the selection procedure.

Leader of opposition in the parliament/state legislative assembly should have a say in the selection of

candidate to maintain political neutrality of members.


http://www.insightsonindia.com/2017/02/09/4-essence-public-service-commissions-act-watchdogs-civil-servants-however-period-time-recruitment-commissions-become-dependent-political-loyalties/





http://www.thehindu.com/todays-paper/tp-opinion/Temptation-of-spoils/article17265532.ece



Further the appointment process should be transparent, with the civilian experts in the field being able to

provide suggestions in the appointment process and even able to check knowledge proficiency of the

nominees in an impartial manner

Integrity and honesty of the past record of candidate should be given high priority.

Regular assessment or performance evaluation during the service period, regarding progress made in the

department and any innovative methods employed to tackle problems specific to the area, will help in

deciding if the candidate is fit to continue or a new selection needs to be made.

Conclusion-

Constitution visualizes public service commission as watchdog of merit system. State public service

commissions are consulted by governor while framing the rules of appointment to judicial service of the state

other than the posts of district judge. Such important institution cannot be subjected to the vagaries of the politics

of the day. Thus legislature and judiciary should be watchful of the appointments made by executives.

14. In the recent Tamil Nadu political crisis, what options did state Governor have in resolving

the crisis? Critically analyse merits and demerits of these options. (200 Words)

The Indian Express

The Hindu

Introduction-

The role played by present governor of Tamil Nadu during the political turmoil has once again brought the issue

of impartiality and independence of governor to the surface. Governors are being termed as agents of central

government thereby diminishing the respect and esteem of the office of governor.

What options did governor have and analyzing their merits and demerits-

The first option to wait and watch was exercised by Tamil Nadu governor. In this particular case governor

awaited the result of case pending against V K Sasikala in Supreme Court regarding the disproportionate

assets.

Merits- This gave governor the clear idea about eligibility of chief ministerial candidate and also saved the

dignity of office of chief minister.

Demerits- By choosing to wait governor allowed the time for horse trading for both the factions of AIADMK

thereby aggravating the situation. This also laid critics to argue that governor acted as an agent of governor

then an independent constitutional officer.

Governor should have immediately started the exercise of finding out who in the AIADMK enjoyed the

support of the MLAs and asked that person to take oath and prove his/her majority on the floor of the

House.

Merits– This course of action would have been prevented the crisis, debates and procedural delay especially

in the condition when already Tamil Nadu had faced tough political conditions like death of former CM and

Jallikattu protest.

Demerits- It was an intra-party struggle and governor should let MLA’s to decide their leader before floor test.

Governor should have asked MLA’s to call for their parliamentary meeting so that MLAs would determine

their party leader and chief ministerial candidate. Meanwhile he could have continued with Panneerselvam

as Chief Minister.

Merits– As it was an intra-party dispute the governor had no role in an intra-party dispute. Also the advice based

on Bommai case that there must be a floor test does not apply. This would apply only if members of the

legislature cross over and the strength of AIADMK was in question.


http://www.insightsonindia.com/2017/02/17/2-recent-tamil-nadu-political-crisis-options-state-governor-resolving-crisis-critically-analyse-merits-demerits-options/

http://www.insightsonindia.com/2017/02/17/2-recent-tamil-nadu-political-crisis-options-state-governor-resolving-crisis-critically-analyse-merits-demerits-options/

http://indianexpress.com/article/opinion/columns/edappadi-palaniswami-new-cm-tamil-nadu-government-sasikala-convicted-panneerselvam-politics-4528892/

http://www.thehindu.com/todays-paper/tp-opinion/Jugaad-jurisprudence-the-Tamil-Nadu-way/article17316226.ece



Conclusion-

Since independence there have been many debates regarding the role of governor. In the absence of clear

guidelines in the constitutions, the recommendations given by Sarkaria commission are of prime importance.

The Sarkaria commission recommended a criterion for someone to be appointed a governor. The criteria

included the person being “eminent in some walk of life”, “should be a person from outside the state”, “should

be a detached figure and not too intimately connected with the local politics of the State”, and, lastly, but most

importantly, he should “not have taken too great a part in politics generally and particularly in the recent past”.

Thus if we are able to appoint impartial persons and persons with high integrity, we would avoid many political

turmoil in future of state politics.

Topic: Statutory, regulatory and various quasi-judicial bodies

15. What is a quasi judicial body? Analyse advantages and disadvantages of these bodies.

(200 Words)

Non-Constittional Bodies, Indian Polity – Laxmikanth

Quasi Judicial Bodies:

Quasi-judicial bodies are institutes which have powers analogous to that of the law imposing bodies but these

are not courts. They primarily oversee the administrative zones. The courts have the power to supervise over

all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative

agencies. These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the

issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of

law.

Awards and judgements of a quasi-judicial bodies often depend on a pre-determined set of rules or punishment

depending on the nature and gravity of the offence committed. Such punishment may be legally enforceable

under the law of a country, it can be challenged in a court of law which is the final vital authority.These

organizations generally have authorities of settlement in matters like breach of discipline, conduct rules, and

trust in the matters of money or otherwise. Their powers are usually limited to a particular area of expertise,

such as financial markets, employment laws, public standards, immigration, or regulation.

Important quasi-judicial bodies in India are as under:

National Human Rights Commission

State Human Rights Commission

Central Information Commission

State Information Commission

National Consumer Disputes Redressal Commission

State Consumer Disputes Redressal Commission

District Consumer Disputes Redressal Forum

Competition Commission of India

Appellate Tribunal for Electricity

State Electricity Regulatory Commission

Railway Claims Tribunal

Income Tax Appellate Tribunal

Intellectual Property Appellate Tribunal

Central Excise and Service Tax Appellate Tribunal

Banking Ombudsman


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Insurance Ombudsman

Income tax Ombudsman

Electricity Ombudsman

State Sales tax Appellate Tribunal

Advantages:-

They lesson the burden on judiciary which is already facing the pendency of cases and judicial backlogs.

They have specific jurisdictions of their own. Hence they have expertise in dealing with cases

They are easily accessible than normal courts. They dispenses justice at a much cheaper and faster rate

than usual courts.

They have flexible approach in dealing with the cases hence are approached frequently by the people.

They have autonomy of functioning and therefor can take an impartial decisions

Their suo moto powers can also enhances their credibility of dealing the issues of importance to society.

Disadvantages:-

People if not satisfied with the decisions of the body always move to courts and hence low administrative

efficiency and poor functioning of quasi judicial bodies further increase the burden on courts.

They don’t have full powers as courts. Their jurisdiction is bounded and they cant exercise their powers

widely.

There is always a possibility of executive interference in their functioning which may result into partial

decisions sometimes.

Now a days multiplicity of bodies and mushrooming of tribunals have made the judicial functioning complex.

Their recommendations are advisory in nature hence they are called like toothless tigers sometimes.

They lack manpower and critical infrastructure to speed up their functioning.

16. Differentiate between statutory and regulatory bodies. Critically comment on functioning

of a statutory and a regulatory body each, especially on those which are in news. (200

Words)

Non-Constittional Bodies, Indian Polity – Laxmikanth

Definition:

Basically, a statutory body is an organisation of government which is not demarcated in Constitution of India but

it gets its powers, service rules, authority by an act of parliament or state legislatures.

A regulatory body also called regulatory agency is a public authority or a government agency which is

accountable for exercising autonomous authority over some area of human activity in a regulatory or supervisory

capacity.

2) Establishments:-

Statutory bodies are established by acts which Parliament and State Legislatures can pass. These bodies are

entities shaped by an Act of Parliament or state legislatures and set up by the government to consider the data

and make judgments in some arena of activity.

Regulatory body is established by legislative act in order to set standards in a specific field of activity, or

operations, in the private sector of the economy and to then implement those standards. Regulatory

interventions function outside executive observation.


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Purpose and functions:-

Statutory bodies are generally established to perform specific functions which a government considers

effectively performed outside a traditional departmental executive structure. They fulfil the requirement for

some operational independence from the government; funding arrangements that are not dependent on the

annual appropriations processes; or to establish a separate legal body.

As the regulations that statutory body adopt have the force of law, part of these agencies’ function is essentially

legislative; but because they may also conduct hearings and pass judgments concerning adherence to their

regulations, they also exercise a judicial function often performed before a quasi-judicial official called an

administrative law judge, who is not part of the court system. Some independent regulatory agencies perform

investigations or audits, and some are authorised to fine the important parties and order certain measures.

4) Examples:-

The example of statuary body is The University Grants Commission, a statutory organization established by an

Act of Parliament in 1956 for the coordination, determination and maintenance of standards of university

education. Apart from providing grants to eligible universities and colleges, the Commission also recommends

the Central and State Governments on the measures which are necessary for the development of Higher

Education. It functions from New Delhi as well as its six Regional offices located in Bangalore, Bhopal, Guwahati,

Hyderabad, Kolkata and Pune.

Important Statutory Bodies:

National Human Rights Commission

National Commission for Women

National Commission for Minorities

National Commission for Backward Classes

National Law Commission

National Green Tribunal

National Consumer Disputes Redressal Commission

Armed Forces Tribunal

Important Regulatory bodies are as under:

Advertising Standards Council of India

Competition Commission of India

Biodiversity authority of India

Press council of India

Directorate General of Civil Aviation

Forward Markets Commission

Inland Waterways Authority of India

Insurance Regulatory and Development Authority

Reserve Bank of India

Securities and Exchange Board of India

Telecom Disputes Settlement and Appellate Tribunal

Telecom Regulatory Authority of India

The Food Safety and Standards Authority of India (FSSAI)

Central pollution control board

Financial Stability and Development Council




Medical Council of India

Pension fund regulatory and development authority

The functioning of these bodies have acquired huge significance in recent times.

1) RBI- In the wake of demonetization, the role of RBI has generated a lot of interest. RBI is responsible for

currency as it is the body engaged with monetary management. so a delay in re monetization and cash

crunch led to a questioning of RBI’s credibility.

2) MCI-The medical council of India is responsible for medical education and certification medical qualification

in India. The body has been in news for corruption charges and NITI Aayog has recommended the scraping of

the body.

3) NGT- In light of climate and environment concerns acquiring center stage , the national green tribunal

responsible for resolving environmental disputes has been accused of not taking the lead on environmental

concerns.

4) NCW- At a time when there is both greater assertion of women’s right as well as crimes against women are

on the rise , the National commission for women is expected to play a stellar role.

17. Examine the merits and demerits of administrative tribunals and critically comment on

their functioning. (200 Words)

Tribunals: Other Constitutional Dimensions, Indian Polity – Laxmikanth

The tribunals in India are of two types, the first being the administrative tribunals(Art-323A) and the other

being those tribunals that are set up for dealing with cases pertaining to specific subject matters.

Administrative tribunals in India look into matters of disputes arising out of conditions of service,

appointments, etc. related to public officials.

Its merits are:-

Flexibility of procedure – as rigid procedures and evidence ordeals of courts are not followed, rather it

goes by the principle of natural justice.

Provide efficiency in dispensing justice due to cost and time effectiveness.

Deburdening of judiciary- They have helped in significantly reducing the burden of the judiciary, though

appeals can be made there.

Expert involvement – saves time and increases effectiveness.

Its demerits are:-

Executive interference – it is reported in tribunals to influence judgements.

No uniform procedure.

No adequate machinery for effective enforcement of their orders.

Staffed by persons lacking sufficient expertise and professional competence in dispensation of justice.

Functioning of Administrative tribunals –

The tribunals have functioned pro-actively in many cases so far. For example, the prompt justice offered

by the NGT, the diligent role played by tribunals for the telecom sector and securities market, which have

helped strengthen the enforcement of the mandate of the regulatory bodies like TRAI and SEBI. But, at

the same time, most of the tribunals have not been up to the mark. For example: The huge pendency of

cases in the Debt Recovery tribunals has indeed been a cause of concern, where their slow functioning

has heightened concerns about their efficiency.

It suffers from lack of autonomy especially in terms of appointment and funding, hence being at the

disposal of executive which leads to loss of objectivity and impartiality due to patronage and influence.


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Appeals to HC and SC neutralize the cost and time effectiveness by causing inordinate delay in final

verdict.

The resource gap tilting towards the government as compared to the officials.

CONCLUSION –

Despite such challenges, tribunals are great recourses in rendering justice in government, reducing conflicts

and disputes related to public officials who are agents of good governance. In the interest of better justice

delivery, the institutions like tribunals cannot be dispensed with altogether. In fact, what can be done is that their

traditional structures and methods of functioning can be reformed, and a spirit of professionalism should be

infused in them.

Topic: Government policies and interventions for development in various sectors and issues

arising out of their design and implementation

18. The Union food ministry has insisted that each family member must possess an Aadhaar

number within four months, to be eligible for subsidised foodgrains under the National

Food Security Act. Critically comment on the intent and practicality of this condition by the

ministry. (200 Words)

The Indian Express

Introduction:-

In a step aimed at better targeting of subsidies and checking leakages, the government has made it mandatory

to have an Aadhaar number for availing benefits under the National Food Security Act (NFSA). The targeted

public distribution system (PDS) is the largest subsidy programme in the country and costs over Rs1.45 trillion

(estimated in budget 2017-18).

Under NFSA, each individual is entitled to 5kg foodgrain per month at a subsidized rate of Rs2-3 per kg. Aadhaar

is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI) after

collecting biometric data of residents.

The use of Aadhaar for availing subsidies got legislative backing in March last year after the Aadhaar Bill was

passed by the lower House of Parliament. However, the Supreme Court in an interim order in October 2015

had allowed voluntary use of Aadhaar and ruled that no citizen can be denied a service or subsidy for want of

it.

THE INTENT OF THE DECISION:-

1) To curb the diversion of food:- According to an evaluation undertaken in 11 States by the National Council

for Applied Economic Research in 2008, diversion of wheat and rice takes place in cereals meant for all

categories — Antodaya Anna Yojana (AAY), below poverty line (BPL) and above poverty line (APL).

In the case of Assam, the diversion is total in the case of wheat for APL and 83 per cent in the case of rice. In

Bihar, diversion of wheat meant for AAY and BPL is above 40 per cent, while in the case of Chhattisgarh 78 per

cent of the wheat for APL is diverted.

2) To eliminate the ghost beneficiaries:- It estimated that diversion of subsidised grains to non-existent

(“ghost”) beneficiaries at 16.67 percent.

3) To boost the digitization of PDS process:- Cleaning up the back-end of the subsidized public distribution

system (PDS) has helped weed out over 6 million bogus ration cards, plugging leaks to the tune of Rs.4,200

crore in two years

4) To promote Digital India:-Most of the bank accounts, aadhaar cards and mobiles are connected with the

initiatives like JAM trinity etc.


http://www.insightsonindia.com/2017/02/13/2-union-food-ministry-insisted-family-member-must-possess-aadhaar-number-within-four-months-eligible-subsidised-foodgrains-national-food-security-act-critic/




http://indianexpress.com/article/opinion/columns/aadhaar-number-subsidised-foodgrains-national-food-security-act-whats-in-a-unique-number-4521285/



The critical aspect of intent and practicality of decision:-

1) The ration dealer can still give less grain than the printed receipt. Only in Andhra Pradesh and Tamil Nadu

are electronic weighing scales connected to stem “quantity deception”. But they too work only when there is

electricity. Besides, the greatest pilferage occurs from godowns, not ration shops.

2) To weed out ghost cards and “identity fraud,” a one-time exercise to match ration cards with the population

census would have been more than sufficient. Already, every single card nationwide has been digitized and

two-thirds Aadhaar-seeded to purge 20 million fake cards.

3) There are far simpler alternatives to achieve the aims to stop siphoning of the food. Bihar’s barcoded coupons

have reduced leakages from 91 to 24 per cent within six short years. Tamil Nadu had relied on offline handheld

billing devices.

4) Biometrics are not foolproof — the calloused fingers of labourers and the elderly frequently throw up errors.

Aadhaar also requires continuous access to mobile signals or the internet, which is a tall order in rural areas

that barely have electricity.

5) Disadvantage to disabled: Persons who lost their finger in accidents, leprosy will suffer as thy would be unable

to produce biometric authentication.

WAY FORWARD:-

Resolving infrastructural issues before complete transitioning to Aadhar.

Improvement of biometric errors. Introducing iris scanners as used in Andhra Pradesh which has lower error

rate.

Enabling alternative provisions for disabled person. E.g bar coded coupon, digital ration card.

Introducing digital weigh balance all over the PDS shops. Ensuring regular electricity supply and frequent

inspections of such shops will reduce frauds by shopkeepers.

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

Health, Education, Human Resources.

19. Do you think uniformity in the form of NEET should be thrust on a country that has wide

regional, economic and linguistic disparities? What was the rationale for the Supreme

Court to support its introduction? Critically comment. (200 Words)

The Hindu

Introduction-

The National Eligibility cum Entrance Test (NEET) is an entrance examination in India, for students who wish

to study any graduate medical course (MBBS/ (BDS) or postgraduate course (MD / MS) in government or

private medical colleges in India.

Problems in imposing uniform exam like NEET in a diverse country like India-

Every state has its own syllabus and exam pattern till higher secondary level. Putting all students then for

single entrance would be unfair for many as NEET syllabus is covered by CBSE and ICSE but not by many

others.

Further Students from rural and under-privileged who cannot afford private coaching would find it difficult

to compete with urban students.

A centralized exam keeps the state government out of the admission process. Also state reservation rules

will not apply

Exam is not conducted in all official languages of India. Hence student studying in languages Malayalam

cannot take up exam in his/her mother tongue.


http://www.insightsonindia.com/2017/02/08/5-think-uniformity-form-neet-thrust-country-wide-regional-economic-linguistic-disparities-rationale-supreme-court-support/



http://www.thehindu.com/todays-paper/tp-opinion/Testing-times-on-NEET/article17244218.ece

https://en.wikipedia.org/wiki/Entrance_examination

https://en.wikipedia.org/wiki/MBBS

https://en.wikipedia.org/wiki/Bachelor_of_Dental_Surgery

https://en.wikipedia.org/wiki/Doctor_of_Medicine

https://en.wikipedia.org/wiki/Master_of_Surgery

https://en.wikipedia.org/wiki/Medical_Colleges_in_India



Benefits of uniform exam like NEET-

Medical council of India is of the opinion that NEET would avoid multiple entrance tests and minimize

corruption and irregularities in admissions to medical courses.

There could be standardize benchmark and uniform quality in the exam pattern and process.

NEET could bring fair and transparent admission system to curb rampant commercialization of medical

education.

Apart from English and Hindi the examination will be conducted in eight vernacular languages; Gujarati,

Marathi, Telugu, Oriya, Bengali, Assamese, Tamil and Kannada.

Rationale of Supreme Court to support NEET-

Transparency and Accountability: NEET will make this examination more transparent and remove all

the frivolous practices.

Meritocracy- This exam would bring theory of meritocracy above everything and it would put corrupt

practice selecting academically weaker students on the basis of financial status.

Conclusion-

Although Supreme Court is noble in its intention to introduce NEET on all India basis, but at the time regional

diversity of India has to be taken into consideration. Moreover the need of the time is to bring syllabus and

pattern of exam of the different boards close to each other so that conducive environment for introducing uniform

exam would be prepared.

20. The Good Samaritan law has not sufficed to create the confidence it takes to act in an

accident scene. Critically examine why people are apprehensive to act and how this

behaviour can be changed. (200 Words)

The Hindu

Context- Recent incident in Koppal in Karnataka where a young man laid bleeding on a road while onlookers took pictures of him and made a video.

Introduction-

Good Samaritan (helpful bystander) is a person who offers assistance to the accident victim without fear of any criminal or civil liability. The objective behind effecting Good Samaritan law is to protect the bystanders from getting embroiled into police investigation or be subjected to harassment due to the legal procedures involved if they decides to help accident victims or even inform hospital and police.

Need of the Good Samaritan law-

India reports on an average 15 deaths per hour due to road accidents. In a report in 2006, the Law Commission estimated that 50 per cent of accident victims would have survived had they got medical attention within an hour. The major impediment for bystanders in helping accident victims is harassment by police and other complex judicial processes.

Despite enactment of Good Samaritan law people are reluctant to help accident victims because-

Crowd discourages individual to take any initiative or lone action. The pressure to behave like everybody else greatly increases when someone stands in a mass. So it is natural for people standing in a crowd to simply stare rather than to do something.

There are almost no or little positive feedbacks of people helping accident victims even after Supreme Court guidelines. Thus fear of getting entangles into police investigation and long drawn judicial procedure still runs through the minds of bystanders.

Most of the people are still unaware of such Good Samaritan guidelines given by Supreme Court. Most of the states are yet to make laws in the same.

Police are failing to create confidence into the minds of people that they would receive the good treatment for such noble act of helping. During investigating sessions, the person who is not the perpetrator of a crime but merely a helper of the victim is subjected to the same routine ruthlessness that the perpetrator might deserve.


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Mobiles are playing a role of spoilers as there is increasing tendency of taking photos and shooting the accident scene. This liberates one from the gnawing thought that he/she did nothing because of getting paralyzed or scared. It also offers some relief from the feeling that he/she just stood there and watched a person bleed. It provides the satisfaction of doing something while maintaining the relief.

How this behavior can be changed?

All the states should enact Good Samaritan laws so that there is legal backing to the bystander’s concerns. This would also help in increasing the awareness among people these guidelines.

There is urgent need of reforming police behavior and methods of investigation towards good Samaritans. Police particularly working on ground level must be sensitized towards citizen’s concerns that deter them from offering help.

The crowd tendency would not change overnight and there is need of engaging civil society along with government efforts to change the mindset of people.

To imbibe the culture of Good Samaritans government should incentivize by rewarding people or publishing there name so that mute spectators are encouraged.

There is need to educate people about the use of mobile phones. In fact mobile phones can improve the quickness of help and service delivery by informing respective authorities like ambulances, police station etc. without any delay.

Imbibing values of selfless service and help among children should begin from the home. Also education would prove biggest tool to bring this change.

Conclusion-

These are still early days in the history of the Good Samaritan law. It will take a long time for people to feel secure under its provisions. The will of the society to bring positive change would save many premature deaths.

21. It is said that automation, longer lives and faster technological change call for another

revolution in education. What this revolution could be? Analyse. (200 Words)

Livemint

INDIAN EDUCATION SYSTEM:

Primary Education

Primary and Middle (lower primary (Standards I to V) and upper primary (Standards VI to VIII)) education is

compulsory and free in India. Primary education begins at age 6 with Middle/Upper Primary school education

ending at age 14. Schooling is offered at state-run and private schools, however, private schools often have

poorer facilities and infrastructure than government schools. The regional language is the medium of instruction

for most primary schools and English as a second language generally begins by grade 3.

Secondary Education

Secondary education begins in grade 9 and lasts until grade 12. The secondary stage is broken into two, two

year cycles, generally referred to as General/Lower Secondary School, or ‘Standard X’, and Upper/Senior

Secondary School, or ‘Standard XII’. Education continues to be free at government schools, although private

education is more common at the secondary level. Public examinations are held at the end of both cycles and

grant access to grade 11 and university level study respectively. General curriculum for lower secondary school

in India consists of three languages (including the regional language, an elective, and English language),

Mathematics, Science and Technology, Social Sciences, Work/Pre-Vocational Education, Art, and Physical

Education. Secondary schools are affiliated with Central or State boards which administer the Secondary School

Certificate at the end of grade 10.

Based upon performance in the first two years of secondary school, and upon the SSC results, students may

enter Senior/Upper Secondary School. Upper Secondary School offers the students a chance to select a

‘stream’ or concentration of study, offering science, commerce, and arts/humanities. Education is administered

both in schools or two-year junior colleges which are often affiliated with degree granting universities or colleges.

Curriculum for the Higher Secondary Certificate Examination is determined by the boards of secondary

education of which there are 31. Although the HSCE is the most common Standard XII examination, the All


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India Senior School Certificate (CBSE), Indian School Certificate, Certificate of Vocational Education (CISCE),

Senior Secondary Certification (NIOS), Intermediate Certificate and the Pre-University Certificate are also

offered.

Vocational Education

Young people who do not wish to go on to tertiary education, or who fail to complete secondary school often

enroll at privately-owned vocational schools that specialize in just one or only a few courses. Unlike in the United

States, vocational and technical education is not highly specialized and is rather a broad overview of knowledge

applicable to employment. The curriculum offered is composed up of a language course, foundation courses,

and electives, of which half of electives are practical in nature. Examinations at the end of vocational education

are conducted by the All India and State Boards of Vocational Education.

Tertiary Education

India’s higher education system is highly centralized and undergoing large changes since its inception in

1947. Largely based upon the British system of education, educational policy is ever-developing.

University education is overseen by the University Grants Commission (UGC), which is responsible for the

development of higher education, allocating funds, and recognition of institutions in India. The National

Accreditation and Assessment Council (NAAC) was established by the UGC to assess universities and

college based upon an alphabetical ranking system ranging from A++ to C. The assessment and

Accreditation is broadly used for understanding the Quality Status of an institution and indicates that the

particular institution meets the standards of quality as set by the NAAC. Participation in the accreditation

process of NAAC is voluntary.

The All-India Council of Technical Education (AICTE) was also established to oversee quality control of

technical education and regulate establishment of new private professional colleges. All recognized

universities are members of the Association of Indian Universities (AIU), which is integral to the

dissemination of information and serves as an advisor to the government, UGC, and the institutions

themselves.

There are various types of tertiary institutions in India, namely Universities (Central, State, Open),

Universities of National Importance, and Deemed universities. Instruction of the majority of students,

almost 80%, is completed at affiliated colleges with the curriculum, examinations, and final degree being

designed and granted by the university. Constituent and Autonomous colleges also exist; though less

common although they do enjoy greater autonomy in regards to curriculum development and assessment.

Admission to undergraduate courses generally requires completion of the Standard XII years of schooling

and admittance to university depends almost exclusively upon performance on the examination. Bachelor’s

degrees in the fields of arts, science, social studies, and commerce are almost exclusively three year

programs. Diploma programs exist and range from 2 – 3 years in length and are provided at polytechnics,

usually in a specialized engineering or technological field, and culminating in an Advanced or Post

Diploma. Professional Bachelor’s degrees, in the fields of Medicine, Architecture, Law, etc., vary from 4 –

5.5 years depending upon the discipline.

Admission to graduate (Master, Post Graduate Diplomas, MBA, etc.) programs is dependent upon

completion of a bachelor’s degree (3 or 4 years, depending upon the subject) with a Second Class pass

or higher. Non-university education in Management is popular in India, with many institutions offering Post

Graduate Diplomas in Management, lasting 2 years and generally equivalent to an MBA. Doctoral level

degrees require a minimum of two or three years and consist of research and a thesis or dissertation.

Beginning in 2015, the Choice Based Credit System (CBCS) was introduced by the UGC in attempts to

encourage a more interdisciplinary approach to education and offer more flexibility and choice to students.

The reform also introduced a standardized assessment and grading plan based upon a 10 point scale.

Since its inception, the system has faced scrutiny by students and administrators, noting that although the

system promises choice and flexibility, the infrastructure of the educational system now may be too weak

yet to support the overhaul.




SOME FUNDAMENTAL PROBLEMS WITH INDIAN EDUCATION SYSTEM:-

1. Education System Promotes Rat Race

Our education system basically promotes rat race among our children. They have to read and mug-up entire

text book without any understanding of it.

2. Education Does Not Builds Persona of a Child

Unfortunately our education system is not helping to develop persona of a child. Remember, it is personality

that is more important than academic qualification.

3. No Critical Analysis, only Following the Establishment

Our children are not able to do critical analysis of anything, for example our history, culture and religion. They

take the line of establishment or the views of predominant majority.

They are simply not able to look things from their own perspective. If you want a society should become a lot

better than we must develop a culture of looking at things critically.

We are simply failing at this because of our education system. Children must learn to criticize our own culture

and other established narratives.

4. Too Much Parochialism Rather Global Outlook

Our education teaches too much of nationalism and it could create a negative mindset in our younger

generation. Loving your country is good thing but just blind love is dangerous.

In our schools children are not able to get a global outlook. It means how to see yourself that you are actually a

global citizen rather confined to a place or a country.

5. Teachers Themselves are Not Trained and Efficient

To make things worse, our teachers themselves are not sufficiently trained to teach kids. They do not have

proper training that how they are going to impart values in children that are going to change the future of the

country.

6. Medium of Language of our Education System

This is also a big problem that needs to be addressed. We are not able to decide on the medium of language

of our education system.

Still emphasize is given on English where majority of children cannot understand the language. So how does

they are going to understand what teachers are teaching.

Moreover, subjects like mathematics, physics and arts have nothing to do with the medium of communication.

Hence, over-emphasis on English could be wrong.

7. Education given is Irrelevant to Job-Market

This is perhaps the most apparent failure of our education system that after completing graduation in any

discipline students are not able to get jobs.

It is simply because skills that are required in a job market are simply not present in a fresh graduate. All that a

student is taught in his entire school and college life is almost redundant for job markets.

Skill that is required by them is not taught in schools and colleges. Hence our education system is needed to

be revamped and must be designed according to our economic policies.

8. Missing Innovation & Creation because Only Aping West

If we talk about the privileged children in India then even they are not able to innovate and create new things.

Although they have everything that a child need but still they lack something in them.

What they are doing is only aping western culture and not being able to do something new. On the one hand

children are not able to go to schools and on other hand, if they are going then are not able to innovate or solve

the problems that the country is facing.




Hence, this is yet another fundamental problem with our education system.

9. Students Happy in Getting a Highly Paid Salary Job but Lacks Ambition to Become Entrepreneur

Now, in college campuses it has become a common thing that every young student is interested in a getting a

job that pays them well. However, they would never like to become an entrepreneur.

This lack of ambition does not allow our country to excel in any field. This attitude of our children making them

slaves of few multinational companies.

Therefore our education system should be designed to make our children a successful entrepreneurs rather

going for a salaried job.

10. Gross Failure of Our Education System to End Social Disparity

The last but not the least failure of our education system is after so many years it has not being able to reduce

social disparity in our country. In fact, social disparity has gone up.

It is such a shame that education itself has become a tool for creating divisions. A child of a rich parent would

get good education and a child of poor parent cannot afford even a basic education.

REVOLUTION IN EDUCATION SECTOR:-

RIGHT TO EDUCATION ACT 2009:-

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide

free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right

in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education

(RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every

child has a right to full time elementary education of satisfactory and equitable quality in a formal school which

satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words

‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or

her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind

of fee or charges or expenses which may prevent him or her from pursuing and completing elementary

education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to

provide and ensure admission, attendance and completion of elementary education by all children in the 6-14

age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the

Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the

Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a

neighbourhood school.

It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free

elementary education and ensure compulsory admission, attendance and completion of elementary

education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay

any kind of fee or charges or expenses which may prevent him or her from pursuing and completing

elementary education.

It makes provisions for a non-admitted child to be admitted to an age appropriate class.

It specifies the duties and responsibilities of appropriate Governments, local authority and parents in

providing free and compulsory education, and sharing of financial and other responsibilities between the

Central and State Governments.

It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and

infrastructure, school-working days, teacher-working hours.

It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is

maintained for each school, rather than just as an average for the State or District or Block, thus ensuring

that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of




teachers for non-educational work, other than decennial census, elections to local authority, state

legislatures and parliament, and disaster relief.

It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and

academic qualifications.

It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of

children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,

It provides for development of curriculum in consonance with the values enshrined in the Constitution, and

which would ensure the all-round development of the child, building on the child’s knowledge, potentiality

and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child

centred learning.

NEED FOR ANOTHER REVOLUTION:-

This shift in education system needs bold changes to the current regulatory regimes in education that have

delivered quantity but are inadequate, inappropriate and wrong for today’s battles of quality and employability.

Unlike China’s farm to non-farm transition that involved factories, India’s fastest growing formal jobs are in sales,

customer care and logistics

These insights suggest five policy actions:

(1) Shift the focus of school education from enrolment to learning outcomes,

(2) retain the rigour of testing in our schools but create a focus on soft skills,

(3) lift the ban on online higher education by Indian universities so students can learn before migration,

(4) enable new connectivity between skills and higher education,

(5) Catalyze education innovation by separating the roles of policymaker, regulator and service provider.

WAY FORWARD:-

What do we expect from such a revolution?

A revolution means big changes. We expect the revolution in education to bring lots of changes. These changes

will result into:

1. Shifting from school enrolment to learning outcomes:- The right to education (RTE) Act confuses school

buildings with building schools. We need amendments to the RTE Act that nuke the hardware obsession

and decentralize to states

2. broadening of the school curriculum needs Central and state boards to explicitly target soft skills by taking

inspiration from the learner profile of the International Baccalaureate curriculum; curious, confident, risk-

taker, team player, etc.

3. lifting the unjust, dysfunctional and arrogant ban on online education by Indian universities:- This ban—

rooted in the misinterpretation of a Supreme Court judgement prohibiting off-campus physical centres—

handicaps Indian universities in building a key capability and gives an unfair advantage to foreign

universities that have signed up more than 400,000 Indian students online. It prevents apprenticeships

morphing into degree pathways.

4. ministry of human resource development (MHRD) to acknowledge that norms for small research

universities using classroom delivery do not work for larger vocational universities using classrooms,

apprenticeships and online delivery.

5. MHRD as a policymaker needs to distance itself from AICTE and the University Grants Commission

(whose policymaking function needs to be taken away) and laws that discriminate between government

institutions and private institutions (like RTE) must go.

6. An education which makes a child sad when the last bell is rung at the end of the day in the school




22. Recently, the Commerce Ministry sent a note to the Cabinet proposing a blanket ban on

foreign direct investment (FDI) in the tobacco sector. How will this move affect tobacco

industry and foreign companies in the sector? What other measures should India explore

to better achieve the objective of reducing tobacco consumption and be less investment-

restrictive as well? Examine. (200 Words)

The Hindu

Extent of tobacco problem in India-

India has the world’s second-largest population of smokers after China — more than 100 million people —

and more than a million tobacco-related deaths each year. In 2011, the Ministry of Health and Family

Welfare estimated that the economic cost attributable to tobacco use had reached $22.4 billion, more than

the central and local governments spent on health care that year. Yet in India, unlike in the U.S. and

Europe, the number of smokers continues to grow. And fewer than 5 percent of adult smokers in India ever

quit.

Bidis in 2009 accounted for 85 percent of smoked tobacco in India. Bidis have lower tobacco content than

cigarettes, but more nicotine, tar and carbon monoxide making it more deadly.

About 20 million children of ages 10–14 are estimated to be tobacco-addicted according to a survey done

by the National Sample Survey Organization of the Indian Government. To this astounding figure, about

5500 new users are added every day, making two million new users every year

Probable impact of blanket ban on FDI in tobacco sector-

Such a move would make tobacco giants like Philip Morris International (PMI) to challenge blanket ban on

FDI under Bilateral Investment Treaties (BIT).

This would reduce the inflow of foreign capital and investment towards tobacco industry. In the immediate

sense it may render people engaged in this sector unemployed.

Indian tobacco companies in collaboration with foreign tobacco companies would also suffer financially.

This would also hamper any move of tobacco giants to find innovative ways for more refined and less

hazardous tobacco for smoking.

Such move unintentionally may help thriving of domestic players and Bidi factories which are more

dangerous and hazardous for health.

Measure to be adopted by India-

There are no clear evidences that how prohibiting FDI through licensing arrangements, etc. would help reduce

tobacco consumption. Domestic players could occupy the market freed up by foreign players. The real reason

behind mushrooming tobacco industry is the demand of tobacco products in India. Thus first step to reduce

tobacco consumption is to reduce its smokers.

Adolescents and children are the prime targets of the tobacco industry when recruiting new smokers.

Hence there has to be strict regulation in selling tobacco products around schools and colleges. Regular

workshops should be conducted in educational institutions to create awareness about tobacco hazards.

The government along with NGO’s and social activist should undertake active drive to de-addict already

addicted persons.

The plain packaging of cigarettes could prove helpful rather than putting blanket ban on FDI. The

WHO’s Framework Convention on Tobacco Control (FCTC) does not contain any provision on banning

FDI as a means to reduce tobacco consumption, it specifically talks about countries adopting packaging

and labeling requirements to create better awareness about the harmful effects of tobacco

consumption. Also, banning FDI in tobacco manufacturing in 2010 did not show many improvements. On

the other hand, studies from Australia show that smoking rates plunged by 12.2% after plain packaging

regulations were introduced.


http://www.insightsonindia.com/2017/02/15/3-recently-commerce-ministry-sent-note-cabinet-proposing-blanket-ban-foreign-direct-investment-fdi-tobacco-sector-will-move-affect-tobacco-industry-foreign-c/





http://www.thehindu.com/todays-paper/tp-opinion/Sharpening-the-fight-against-tobacco/article17303963.ece

http://www.phfi.org/images/pdf/tobtax_in_india_an_empirical_analysis.pdf

http://www.searo.who.int/india/topics/tobacco/fact_sheet_economic_burden_of_tobacco_related_diseases.pdf

http://promotions.bmj.com/globalhealth/wp-content/uploads/sites/20/2016/02/bmjgh-2015-000005_Version_2.pdf

http://www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/bidis_kreteks/



Measures that proved very effective in the developed world, like tax increases on all tobacco products,

need to be enforced immediately and the taxes collected should be used to support health promotion and

tobacco control programmes.

India needs strong political will and policy making decisions to ensure proactive legislation reducing the

consumption of tobacco.

Also pictorial warnings covering 85% area as ordered by Supreme Court may discourage and desist new

smokers.

Awareness campaigns through social media, newspapers, TV promoting healthy lifestyles and highlighting

hazards of tobacco should be organized.

Conclusion-

India′s tobacco problem is very complex, with a large use of a variety of smoking forms and an array of

smokeless tobacco products. Sustained efforts are needed from the Government to strengthen efforts to wipe

out tobacco menace and to give alternative employment to those who may render jobless in fight against

tobacco.

23. Recently, the National Pharmaceutical Pricing Authority (NPPA) capped pricing of medical

stents. Critically examine significance of this measure and its impact on various

stakeholders. (200 Words)

The Hindu

Stent

A stent is a tiny tube placed into a hollow structure in your body. This structure can be an artery, a blood vessel,

or something such as the tube that carries urine (ureter). The stent holds the structure open.

Description

When a stent is placed into the body, the procedure is

called stenting. There are different kinds of stents. Most

are made of a metal or plastic mesh-like material.

However, stent grafts are made of fabric. They are used

in larger arteries.

A coronary artery stent is a small, self-expanding, metal

mesh tube. It is placed inside a coronary artery

after balloon angioplasty. This stent prevents the artery

from re-closing.

A drug-eluting stent is coated with a medicine. This

medicine helps further prevent the arteries from re-

closing. Like other coronary artery stents, it is left

permanently in the artery.

Why the Procedure is Performed

Most of the time, stents are used when arteries become narrow or blocked.

Stents are commonly used to treat the following conditions that result from blocked or damaged blood vessels:

Coronary heart disease(CHD) (angioplasty and stent placement – heart)

Peripheral artery disease(angioplasty and stent replacement – peripheral arteries)

Renal artery stenosis

Abdominal aortic aneurysm(aortic aneurysm repair – endovascular)

Carotid artery disease(carotid artery surgery)


http://www.insightsonindia.com/2017/02/22/5-recently-national-pharmaceutical-pricing-authority-nppa-capped-pricing-medical-stents-critically-examine-significance-measure-impact-various-stakeholders/



http://www.thehindu.com/todays-paper/tp-opinion/necessary-limit/article17344007.ece

https://medlineplus.gov/ency/article/002953.htm








Other reasons to use stents include:

Keeping open a blocked or damaged ureter(percutaneous urinary procedures)

Treating aneurysms, including thoracic aortic aneurysms

Keeping bile flowing in blocked bile ducts(biliary stricture)

Helping you breathe if you have a blockage in the airways

Significance of the move:-

1. It will stop the menace of over-pricing of coronary stents in various hospitals.

2. Affordable healthcare: Huge unethical mark ups are charged at each stage in the supply chain of coronary

stents resulting in irrational prices in a failed market system driven by information asymmetry between

patients and doctors, pushing patients to financial misery. The stents price cut makes angioplasty more

accessible.

3. Transparancy: The government has also made it mandatory for hospitals to bill stents separately from

surgical procedures or package costs.

Implications :

1)Patient:

a) Such a regulation might lead to flooding of substandard products from China and Canada which might

increase the risk of substandard quality stents.

b) Health care accessible to poor as 70% of out of pocket health expenditure is on drugs.

2) Manufacturer:

a) manufacturers are upset over the decision that caps prices of all forms of stents at Rs 30,000.

b) The NPPA notification completely disregards stakeholder representations on the need to differentiate stents

based on their technological differences, this pricing has the potential to block innovations and limit access to

world-class medical care.

c) May lead to Black marketing.

3) Hospitals:

a) It might lead to financial losses to private hospital.

b) Reduced price will raise patient inflow into hospital this will increase burden on health care and increased

patient may increase profit also.

c) It will provide satisfaction to some of the doctors that they can save life of more people now.

Conclusion:-

The move to cap the prices of stents has multifaceted positive effects, while this step taken by the government

is well appreciated there is a need to maintain fine balance to avoid too much of regulation that might hamper

private players and innovation in future

24. In the light of recent protests and violent incidents in two prestigious universities in Delhi,

critically comment on the state of affairs in institutions of higher learning in India –

especially on their role as places of independent thinking and grooming ground for vibrant

civil society. (200 Words)

The Hindu

EPW

Universities are places of learning as well as fresh thought, free flow of ideas, discussions and debates. Apart

from imbibing the technical knowledge, they have also been the places for democracy to thrive in. Ideological

freedom is necessary in universities in order to mould students into responsible, vibrant citizens who can drive

a positive change in the society and lead to national development.






http://www.insightsonindia.com/2017/02/25/4-light-recent-protests-violent-incidents-two-prestigious-universities-delhi-critically-comment-state-affairs-institutions-higher-learning-india-especially/




http://www.thehindu.com/todays-paper/tp-opinion/moral-economy-of-a-university/article17364051.ece

http://www.epw.in/journal/2017/8/editorials/university-battleground.html



Universities have produced many great scholars, technocrats, policy makers, activists who work for the

betterment of our country. They have acted as breeding grounds for rational thinking as well as excellence

through integrity and creativity. They act as the knowledge hubs where intellectualism is nurtured.

But, recent incidences show the degrading status of universities. Increasing narrow-mindedness is hampering

the broad vision that they strive to achieve.

1. IDEOLOGICAL STRUGGLE –

Universities are places where one can discuss diverse thoughts, formulate new ideas and challenge the

established things. Here, students get opportunity to develop rational thinking, ideologies and express views

without any fear.

But, recently, the ideological struggle has taken the form of aggression and the fight for establishing the one

over the other.

Increasing intolerance –

-Rise of the extreme tendencies and consequently the growth of the intolerance towards the diverse ideas.

-The rising revolutionist tendencies in the educated youth towards the growth of a central tendency which

forbids the growth of others.

-Incidences of growing friction at university campuses tell a distressing tale of growing narrow-mindedness,

the very spirit against which a university stands.

-Incidences of violence are themselves evidence of degradation of value system and integrity of universities.

Political interference –

-Universities have become a playground for politicians to play Money and muscle power to influence the

ideological developments and suppress the dissenting voices.

Shrinking spaces for freedom of speech –

-There are disruptions in the garb of nationalistic or other rhetoric.

-No room for quality public debate -The recent violent clash at Ramjas College reflects a serious threat to the

culture of debate, dissent and discussion. Academic life should be marked by vibrancy in debates and dissent.

2. STUDENT POLITICS –

It is necessary for the institutions to be liberal in matters of student elections, protests for the following

reasons-

-It cannot be negated that students as the citizens of India, have their right to participate in political forum and

by the very nature institutions become an arena for them to thrive.

-It provides them a platform to voice their concern and also to showcase the ills of society like caste

discrimination.

– Institutions are the places where future leaders are made. Present finance minister was once a student

leader showcase the need for liberal thoughts.

Although the student politics seemingly can cause harm to normal functioning of institutions, it is

necessary to understand the nuances in politics-students nexus, role of external political interference and

patronage to student unions.

3. ADMINISTRATIVE CHALLENGES –

Political Interference: Universities have become an arena of showing political influence. Teachers are

appointed based on political patronage instead of teaching skills. Appointments of directors, principals

etc have seen rise in interference by political executives.

Regulatory bodies such as UGC is marred with serious administrative challenges.

Autonomy of universities is compromised for vested interests. Further no heed provided towards

maintenance, the renewal, the sustainability of the university.




4. DEGRADING QUALITY OF ACADEMICS –

Poor research by universities and lack of accessibility due to poor Scholarship schemes hampering

creation of vibrant civil society.

Liberal allocation of degrees without quality etc.

WAY FORWARD –

1. Non-interference of the external political forces into the university education and functioning. This is also

highlighted by the TSR Subramanian Committee Report on education reforms .

2. The university should be autonomous in terms of code of conduct within the university campus and its

associated issues. It should have its own administrative machinery for tackling with these issues. The

external forces should only be involved in grave situations. The universities should be graded on merit in

order to have autonomy. The better a university performs the greater autonomy it should have (TSR

Subramanian Committee Recommendation).

3. The administrative and social environment must be conducive for respect diverse ideologies, practices

and intellectualism.

Universities are the integral part to the working of a civilized society and therefore need nourished and

cherished for the success of the democratic functioning.

25. The World Health Organisation (WHO) has given the Indian vaccine regulatory structure

the highest possible rating of 4 on a majority of parameters. Explain the ranking system,

and what it means to various stakeholders. (200 Words)

The Indian Express

Background:-

For several days last week, a team of experts in multiple disciplines drawn from the WHO’s Geneva

headquarters, its India Country Office, and national regulators of the US, Italy, Germany, the Netherlands,

Indonesia, Thailand and Egypt, assessed the National Regulatory Authorities (NRA) of India.

NRAs are defined by the WHO as “national regulatory agencies responsible for ensuring that products released

for public distribution (normally pharmaceuticals and biological products, such as vaccines) are evaluated

properly and meet international standards of quality and safety”.

In India’s case, the NRA, as defined by the WHO, comprises the Central Drugs Standard Control Organisation

(CDSCO), which has regulatory control over the import of drugs, approval of new drugs and clinical trials; the

State Drug Regulatory Authorities; the Pharmacovigilance Program of India (PvPI), the country’s national drug

safety program; and the Adverse Events Following Immunization (AEFI) structures at the central and state

levels.

PARAMETERS OF RANKING :-

# Published set of requirements for licensing

# Surveillance of vaccine field performance

# System of lot release

# Use of laboratory when needed

# Regular inspections for GMP (good manufacturing practices), and

# Evaluation of clinical performance.


http://www.insightsonindia.com/2017/02/27/5-world-health-organisation-given-indian-vaccine-regulatory-structure-highest-possible-rating-4-majority-parameters-explain-ranking-system-means/



http://indianexpress.com/article/explained/world-health-organisation-who-indian-vaccine-regulatory-structure-rating-drugs-4538674/



The Indian NRA was assessed on nine functions. These were,

# quality of the national regulatory system

# registration and marketing authorisation

# vigilance

# laboratory access and testing

# regulatory inspection

# clinical trial oversight

# NRA lot release

# licensing premises, and

#market surveillance and control.

MEANING TO VARIOUS STAKEHOLDER:-

TO INDIA:- it means that India has been classified as a stringent regulator of vaccines alongside developed

countries such as the US, Japan and EU member states

TO MANUFACTURING:- It shall give a strong push to Make in India, as the demand of conventional Indian

medicines in international markets will increase

TO PRIVATE SECCTOR:- It may increase international investment in Indian pharma sector, which had

decreased after the some Indian medicines lost the WHO pre-qualification test. This will give impetus to

R&D in pharma sector.

TO PHARMA COMPANIES:- India can use this opportunity to popularise and spread its generic medicine

market, along with the present exported medicines, to increase its hold over the international pharma

business

26. India needs an all-encompassing healthcare model that is truly able to achieve the

objective of improving access to quality healthcare. Do you think controlling drug prices

achieves this objective? What other measures are needed to provide quality and affordable

healthcare to citizens? Examine. (200 Words)

Livemint

Introduction- As per the Drugs Price Control Order, Indian government can control the prices of drugs when

they become extremely exploitative. The pharma industry is against the move as it they fear that it is leading to

the nationalization of pharma industry.

Need of Drugs price control mechanism-

Medicines remain overpriced and unaffordable in India. In a country mired in poverty, medical debt remains the

second biggest factor for keeping millions in poverty. With little to no availability of basic health insurance, and

a preference for private practitioners, drugs engender poverty. Out-of-pocket expenses can comprise up to 80

per cent of all health financing, with 70 per cent of health spending on outpatient treatment devoted primarily to

purchasing medicines.

Benefits of controlling drug prices-

The drug pricing is made as per the set criteria and the government has every right to expand the list to

improve affordability.

The government controls only those drugs that are considered as lifesaving and don’t have any generic

substitutes in market.

The Supreme Court has made it clear that they have an appropriate criterion that is followed strictly to

keep prices under control.


http://www.insightsonindia.com/2017/02/01/2-india-needs-encompassing-healthcare-model-truly-able-achieve-objective-improving-access-quality-healthcare-think-controlling-drug-prices-achieves-objective/




http://www.livemint.com/Opinion/VXYuC2kgVrpmymTUAD2pqK/The-right-priorities-for-healthcare-spending.html



The objective is also to control the pharmaceutical companies who go for higher pricing just to sell their

drugs outside India.

Adversaries of controlling drug prices-

Controlling drug prices results in loss of revenue to the pharmaceutical companies which may further

reduce their incentives to invest in Research and Development or in other words price control policies

provide short term aid to individual purchaser but at the expense of longer term healthcare technology and

innovation.

The pharma company’s fears are legitimate as the decisions are taken by the government without any

consultations with the major stakeholders.

The market has got enough mechanisms to reach to a fair price. There are almost 50-60 brands available

of every drug, and so patient has the flexibility to buy a drug of different prices.

NPPA made the changes in the price control methodology and made the base as market pricing instead

of cost base.

The government has regulated the price of few essential medicines under the legal cover. The Pharma

companies cannot hold the government incorrect for taking the step. And prioritising the humanitarian ground,

the government will always have high moral ground.

However controlling prices of essential drugs is only one part of improving Indian healthcare system. The

objective of healthcare system is provide high quality health services at affordable cost and ultimately moving

towards Universal Health Coverage. To achieve this every branch of healthcare system has to be reformed.

Thus solely depending Drug price control mechanism would not yield much results.

Other measures to provide Quality and affordable healthcare services-

Develop and implement national standards for examination by which doctors, nurses and pharmacists are

able to practice and get employment.

Obtain proposals from private insurance companies and the government on ways to provide medical

insurance coverage to the population at large and execute the strategy. It is healthy to have competition

in healthcare, and provide health insurance to the millions who cannot afford it.

Encourage business schools to develop executive training programmes in healthcare, which will effectively

reduce the talent gap for leadership in this area.

Revise the curriculum in medical, nursing, pharmacy and other schools that train healthcare professionals,

so that they too are trained in the new paradigm.

Develop partnerships between the public and private sectors that design newer ways to deliver healthcare.

The government should appoint a commission which makes recommendations for the healthcare system

and monitors its performance.

India needs to have All India Public Health Service so that India has multi-layered health work force.

Use of latest technology like tele-medicine should be encouraged to bridge the Urban-Rural divide.

Conclusion-

The health of people is the foundation upon which all their happiness and all their powers as a state depend.

Thus instead of just relying on Drug Price control India should improve all aspects of medical healthcare system

to provide accessible, affordable and quality healthcare services.

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

betterment of these vulnerable sections

27. How do various forms of violence affect disabled people? Critically analyse. (200 Words)

The Hindu


http://www.insightsonindia.com/2017/02/07/6-various-forms-violence-affect-disabled-people-critically-analyse/

http://www.thehindu.com/todays-paper/tp-opinion/Disability-and-the-culture-of-violence/article17206805.ece



WHO definition – Disabilities is an umbrella term, covering impairments, activity limitations, and participation

restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty

encountered by an individual in executing a task or action; while a participation restriction is a problem

experienced by an individual in involvement in life situations.

Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between

features of a person’s body and features of the society in which he or she lives. It limits the potential of a person

either for a short term or for a long term. This potential is purely biological at first, where a part of the body loses

its usual ability to function properly. But afterwards it transforms into the loss of ‘social potential’ where a person

due to his/her disability is not accepted in the mainstream society and hence the real potential of the person is

not realized.

India has 26.8 million disabled people as per the 2011 Census. Here the disabled population is one of the most

marginalized sections of the country and also one of the largest minority groups, though disability is yet to be

formally recognized as a ‘minority group’ in the country.

VIOLENCE – With special reference to disabled people, Violence is that which increases the distance between

the potential and the actual and that which impedes the decrease of this distance. This idea broadens the

understanding of our everyday notions of violence — i.e. the direct, deliberate physical harm by one actor

towards another.

The meaning of violence has evolved from just being physical victimization to suppression at various levels

like social stigma, economic inequality, unequal opportunities of developing oneself, inequality coming out of

development itself.

FORMS OF THE VIOLENCE AFFECTING DISABLED PEOPLE –

Direct or Personal violence- Disabled people are disproportionately more vulnerable to this kind of violence.

This is especially true for women, children and people with mental disabilities.

There are nine distinct forms of violence and abuse:

o Physical violence;

o Sexual violence;

o Emotional violence;

o Psychological violence;

o Spiritual violence;

o Cultural violence;

o Verbal Abuse;

o Financial Abuse;

o Neglect

Structural violence- A form of violence wherein some social structure or social institution may harm people by

preventing them from meeting their basic needs. Although structural violence is said to be invisible, it has a

number of influences which shape it. These include the higher rate of disease and death, unemployment,

homelessness, lack of education, powerlessness, and shared fate of miseries.

Cultural violence- This refers to aspects of a culture that can be used to justify or legitimize direct or structural

violence. Cultural violence makes direct and structural violence look or feel “right”, or at least not wrong and

thus the act of direct violence and the fact of structural violence are legitimized and thus made acceptable in

society.

For example – The logic of previous birth sin leads to the legitimisation of discrimination and hatred towards

persons with disabilities across cultures. Hence, a ‘culture of violence’ is born and is legitimised further.


https://en.wikipedia.org/wiki/Social_structure

https://en.wikipedia.org/wiki/Social_institution



EFFECTS OF THE VIOLENCE –

1. Physical violence – Factors which place people with disabilities at higher risk of physical violence include

stigma, discrimination, and ignorance about disability, as well as a lack of social support for those who

care for them. Placement of people with disabilities in institutions also increases their vulnerability to

violence. In these settings and elsewhere, people with communication impairments are hampered in their

ability to disclose abusive experiences.

The effects can be summarized as-

1. Increased crimes against disabled people.

2. Alienation of these people from society.

3. Non-realization of potential within.

2. Structural violence – It impacts everyone but so more so to persons with disabilities because their

‘physical potential’ is construed for life and hence the gap between what the potential of an able-bodied person

and a differently-abled person is widened. The more the gap, the more is the violence.

It affects the disabled people in the following forms –

Social stigma and denigration- There is a perception that disability is a result of past bad karma. Although

the perception is flawed and irrational but still leads to inequality, suppression for them.

STRESS AND SHAME- The biased social attitude, lack of support and alienation makes them helpless.

DISCRIMINATION-they are discriminated in every field viz. for jobs, work and as political candidates

resulting in unemployment.

Unequal opportunities- lack of infrastructure and adequate facilities like braille enabled school, disability

equipments, speciality hospitals etc. This reduces their access and availability to various services and in

turn chances of growth in future.

Disabled insensitive Development – Lack of disable-friendly environment.

For example, lack of ramps in hospitals, schools, stations, etc.; lack of automatic lifting in buildings and

transportation makes their life tough.

EFFECTS OF THE STRUCTURAL VIOLENCE –

Non-realization of the potential within :- Because of the lack of opportunities and the discrimination faced

in day to day life.

Alienation :- Associated stigmatization and lack of disable-friendly environment distance them from

mainstream.

Marginalization :- Discrimination, lack of support and unemployment results in poverty.

EFFORTS FOR DISABLED PEOPLE –

However, welfare Governments & civil societies around the world are working for betterment of disabled. Some

initiatives-

DEPwD – Separate department for empowerment of persons with disabilities, special budgetary allocation

ex: announcement ₹833 cr in 2017-18 budget.

ADIP scheme – Monetary assistance to purchase/fitting of aids & appliances.

Deendayal Disabled Rehabilitation Scheme (DDRS) intend to address a whole range of services

necessary for rehabilitation of persons with disabilities including early intervention, development of daily

living skills, education, skill-development oriented towards employability, training and awareness

generation.

Statutory provisions – Social-security ,health , rehabilitation & recreation laws/schemes such as “rights of

persons with disability act 2016”, Sugamya bharat abhiyan, 2015 etc.




Rechristening “disabled” with “differently abled” or DIVYANG has ended the connotation of discrimination

or shame.

Apart from India’s initiative to uplift the disable theUnited Nation Convention on the Rights of Persons with

Disabilities (CRPD) provides a framework for countries to follow the standards that needs to be adopted

for their welfare.

Marrakesh treaty – Its for the blind and visually impaired persons.

WAY FORWARD –

Mainstreaming the differently abled and Bridging the potential gap between able-bodied and disabled is

necessary to prevent disabled people from falling prey to the structural violence .

To address this problem-

1) Empowerment – Education and skill development and availability of suitable jobs are powerful empowerment

tool that can help them use their abilities in a constructive manner. For example- persons with hearing-

impairment are more suitable for working in manufacturing industries as well as meticulous jobs where

distractions should not be there.

2) Disability-sensitive development- The use of technology and disable friendly models in buildings and other

infrastructure should be made imperative so as to make them more independent.

3) Access to basic needs -The disability kits and other medical services should be made more accessible and

easily available.

4) Social and Behavioral Changes- Efforts in full vigor should be made to de-stigmatize the society about them

and making them more confident of themselves with awareness programs.

28. In the absence of clear and organised sentencing guidelines, it is said that contemporary

penal policy in India is marred by unguided judicial discretion. Critically examine. (200

Words)

EPW

Judicial reforms in India are long overdue. There have been issues in the penal policy of India which is marred

by the unguided judicial discretion.

Contemporary penal policy in India –

LEGISLATIVE PRESCRIPTION OF PUNISHMENTS AS KNEE-JERK REACTION –

Dramatic increases in prescribed punishments have become a preferred method for the central or state

governments to demonstrate that they are committed to a cause- eg. Black money Holding and Human

Trafficking, both have 10 years imprisonment.

Some of these increases in penalties seem justified as they attempt to deter wrongs that cause significant

societal harm. However, the growing trend of indiscriminate increases in the maximum penalties prescribed

raise questions around the meanings of punishment.

Academic approaches to criminal justice reform in India reflect a similar blind spot where legislative

prescription of punishment is concerned. Judicial decisions too have only pointed to the paucity of

sentencing guidelines without explicitly stating, or even recognising, the need for similar guidelines to

Parliament to formulate a penal policy (State of Punjab v Prem Sagar 2008; Soman v State of Kerala

2013).

FLAWED JUSTIFICATIONS FOR PUNISHMENTS –

A responsive penal system requires one or more philosophical justifications for a punishment situated in a

specific social and political context. Little or no thought, however, has gone into Parliament’s role in the

determination of punishments, and whether it responsibly addresses questions of proportionality, fairness

in choice of punishment, and the social impact of the chosen punishment.


http://www.insightsonindia.com/2017/02/25/5-absence-clear-organised-sentencing-guidelines-said-contemporary-penal-policy-india-marred-unguided-judicial-discretion-critically-examine/



http://www.epw.in/journal/2017/8/commentary/making-punishment-fit-crime.html



The objective of retribution guides legislation and judicial pronouncements in India. Gandhiji believed in

the reformative objective of punishment rather than retributive one. In India this retributive emotion leaves

no space for reintegration and reformation of offenders. All offences from bribery to murder are weighed

in balance of the severity of punishment with reformation missing clearly.

The primary objective of the criminal justice system is simple. A fair punishment should meet the test of

proportionality. Mere severity does not constitute an effective deterrent. This has been asserted often in

the case of sexual offences.

The absence of a penal policy followed by the legislature is equally, if not more, problematic than the

absence of sentencing guidelines for the judiciary.

UNGUIDED JUDICIAL DISCRETION –

Institutional lacunae and anomalies that seek to increase judicial discretion:

Repressive laws like disturbed areas act give unbridled power to sentence. This means more judicial

discretion.

Archaic laws: The sheer number of laws means that the judgement can be based on many versions hence

again increasing the judicial discretion. Either the offence itself or the punishments prescribed have

become obsolete.

Inconsistency of laws across the states: Indian judiciary is integrated institution. This means all the

punishments and judgements are court of record. The different punishments only increase the judicial

discretion. For example – Anti-Ragging Laws across different states.

The legislative guidance provided for the exercise of judicial discretion is woefully inadequate in several

instances. Prescribed punishments do not assist judges in gauging parliamentary intent.

WAY FORWARD –

At the stage of determining a “just punishment,” the legislature is required to incorporate values of

reformation, reintegration, and consequences of punishment to the society.

Model of ordinal (Gravity of offense) and cardinal (mitigate or aggravate the offence) proportionality, which

is instructive to the legislature in the choice of punishments.

An absolute paucity of conceptual tools and empirical data on sentencing patterns or effectiveness of

punishments has left a huge informational vacuum which needs to be plugged. In the order of priority, the

need for a constant review of the socio-economic consequences of crime and punishment in a dynamic

society like India heads the list.

The creation of an expansive information repository on the functioning of the penal process would be a

good place to start. Such a repository can then contribute to the development of a penal scale as an integral

part of penal policy.

It must be reviewed periodically and comprehensively in order to measure up to the requirements of

changing social and political aspirations of the society.

CONCLUSION –

Judicial system represents the health of the overall wellbeing of a state and any system which is guided by

individual discretion and emotions need to be reformed. It is imperative for the government to work in hand with

Law commission and act according to their latest reports. Recommendations of committees like Justice Verma

committee for amendments in criminal law shows how different stakeholders’ input can result in better guided

judicial policy for India.

While we acknowledge that it is necessary for Parliament to leave a certain margin for the exercise of judicial

discretion, it is equally important for it to responsibly determine the plane on which the judiciary should exercise

its discretion.




29. Discuss the significance of observations made bySupreme Court in the Jeeja Ghosh &

Anr v Union of India & Ors (2012) case. (200 Words)

EPW

ISSUE –

In the Jeeja Ghosh & Anr v Union of India & Ors (2012) case, which involved a passenger with cerebral palsy

who was offloaded from the SpiceJet flight, the Supreme Court has highlighted two important rights of disabled

travellers—accessibility and reasonable accommodation.

Article 21 of the constitution provides that “No person shall be deprived of his life and dignity except according

to procedure established by law.”

Observations made by Supreme Court –

1) Disabled people have right to live with dignity : In this particular case Jeeja Bai who was travelling for an

international conference was offended when she was refused by a private airline to travel stating that being

disabled she can’t travel. SC in this judgment pronounced that even disabled people have the right to live with

dignity.

2) Reorganization: There should be a full recognition of the fact that persons with disability were integral part

of the community.

3) Legality : The Right to people with disability act 1995 which was later amended in 2016 had section 44

dealing with non-discrimination in transport and provides for adapting rail compartments, aircrafts, buses and

vessels to be disabled-friendly.

4) International Convention: India is a signatory to the United Nations Convention on the Rights of Persons

with Disabilities and hence disabled should be given equal rights be it transport or public spaces. By levying the

compensation in this particular case court uphold the convention.

Significance of the Supreme Court verdict:

Verdict of S.C has awakened the spirit of hope among disabled persons and made them aware about their

rights under PWD act and further gave a blow to worst form of discrimination.

Blow to the lax nature of executive and bureaucracy and further raised the issue of providing such persons

with accessible public infrastructure like hospitals and roads etc.

C verdict maintained the image of india on world level as india is a signatory to UNCRPD which affirms

rights to the disabled.

Verdict of S.C promoted the rich values of our constitution such as equality for all under article 14 as well

as art-21 that is right to life.

Warned the private players as they are fond of running away from their responsibilities and this verdict has

surely reversed their trend of counter-vailing laws.

CONCLUSION –

This judgment is significant in terms that it reminded states of equality to people with disability. Recent passage

of Person with Disability Bill is major step in this regard. It should be implemented in letter and spirit.

Sugamya Bharat Abhiyan is one of the few approaches; it deals with providing ramps and other mandatory

requirements.

Private players were reminded through this judgement that they are equally responsible in empowering

differently abled.

30. Critically examine how India’s Bilateral Investment Treaty’s (BIT) with other countries are

affecting rights of the tribal people in India. (200 Words)

The Hindu


http://www.insightsonindia.com/2017/02/25/6-discuss-significance-observations-made-bysupreme-court-jeeja-ghosh-anr-v-union-india-ors-2012-case/

http://www.insightsonindia.com/2017/02/25/6-discuss-significance-observations-made-bysupreme-court-jeeja-ghosh-anr-v-union-india-ors-2012-case/

http://www.epw.in/journal/2017/8/commentary/empowerment-disabled.html

http://www.insightsonindia.com/2017/02/27/3-critically-examine-indias-bilateral-investment-treatys-bit-countries-affecting-rights-tribal-people-india/

http://www.insightsonindia.com/2017/02/27/3-critically-examine-indias-bilateral-investment-treatys-bit-countries-affecting-rights-tribal-people-india/

http://www.thehindu.com/todays-paper/tp-opinion/protecting-the-rights-of-tribals/article17373999.ece



WHAT IS A BIT?

A BIT is an agreement between two countries that sets up “rules of the road” for foreign investment in each

other’s countries. BITs give investors better access to foreign markets—and on fairer terms.

WHAT WOULD A BIT DO FOR FOREIGN INVESTORS?

When countries enter into a BIT, both countries agree to provide protections for the other country’s foreign

investments that they would not otherwise have. A BIT provides major benefits for investors in another country,

including national treatment, fair and equitable treatment, protection from expropriation and performance

requirements for investments, and access to neutral dispute settlement.

CRITICISM –

BITs are mostly designed to protect the foreign investors and do not take into account obligations and standards

to protect the environment, labor rights, social provisions or natural resources. Moreover, when such clauses

are agreed upon the formulation is legally very open-ended and unpredictable.

PROTECTION OF LAW TO TRIBALS –

The United Nations Declaration on the Rights of Indigenous People (UNDRIP), adopted in 2007, for which India

voted, recognizes among other things indigenous peoples’ rights to self-determination, autonomy or self-

governance, and their right against forcible displacement and relocation from their lands or territories without

free, prior and informed consent.

International Labor Organization (ILO) Convention concerning Indigenous and Tribal Peoples, 1989 which is

based on the “respect for the cultures and ways of life of indigenous peoples” and recognises their “right to land

and natural resources and to define their own priorities for development.” India is not a party to this, but it is a

party to the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-

Tribal Populations in Independent Countries, 1957 which is outdated and closed for ratification.

In INDIA’S CONTEXT –

Constitution provides autonomy to tribal areas in matters of governance under the Fifth and Sixth Schedules,

which is further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the

Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the

Fifth Schedule.

The framework for protection of the rights of tribal and indigenous people is further strengthened by the

Recognition of Forest Rights Act, 2006 which protects the individual and community rights of tribal people in

forest areas and their right to free and prior informed consent in event of their displacement and resettlement.

BIT or a Bilateral Investment Treaty is indeed one of the avenues through which India has been able to attract

significant foreign investment over the years. Apart from the existing domestic laws for investments, BITs

contain provision for investment treaty arbitration(ITA) which allows a foreign investor to sue the government

on grounds on violation of treaty. Agreements can include activities like mining, establishment of industries etc.

in tribal lands.

But, at the same time, the impact of such treaties on the tribal and indigenous populations needs to be

highlighted in a serious way too. Recent report of Xaxa committee says that there are several incidents where

the tribal rights are violated and failed to provide protection of any sort to tribal people guaranteed under the 5th

& 6th schedule of Constitution and Recognition of Forest Act , 2006.

These agreements protected by BITs can result in displacement and denial of forest rights (livelihood)

to tribals in the following ways –

None of the BITs signed by India contain provision for protection of tribal rights and the latest model BIT

too does not have any such provision. This can lead to denial of rights to tribals in the following ways-

1. Conditions of “free informed consent” from Gram Sabha for removing and rahabilitating without consulting.

2. Mines and Minerals Act, Compensatory Afforestation Fund Act undermines FRA.

3. Jharkhand GOV amended Chottanagpur Act to eliminate Gram Sabha Rights and let tribal land taken by

private and real-estate players.




4. In Maharashtra all forest management done by GOV promoted committee instead of GS.

5. Freezing of Pattas (land rights)not given timely and rejected by bureaucrats . Eg – Gujarat.

In case of opposition to investment by tribals, due to the fear of getting sued by investors, government

tends to violate laws providing tribal rights(like the Forest Rights Act, 2006, social impact assessment etc)

and suppress their agitations to protect investment agreements signed with foreign investors.

WAY FORWARD –

Some investments like those by Vedanta in Odisha and by a UAE Authority in Andhra Pradesh have become

controversial recently due to their violation of tribal rights and subsequent arbitration and court judgements. To

avoid such consequences, following measures should be considered –

1. To avoid ITA cases, GOV should include provisions relating to protection of indigenous people in BIT as

done in Canada and NZ under TTP.

2. Strengthening of BITs must go hand in hand with Domestic laws like Recognition of Forest Act.

3. Giving tribal representation in investment policy making.

4. No tribal land should be alienated without the consent of the tribal gram sabha.

5. India voted for UNDRIP. Incorporating the scope for renegotiation in new BITs to protect the rights of tribal

people and Implementation of the domestic legislation for tribal rights should see a boost.

Government should try to understand what is tribal’s idea of development rather than just imposing the one and

should focus on community consultation and true participation in each and every developmental process without

jeopardizing their forest rights.

31. Critically analyse how does the recent union budget seek to address low income problem

of farmers and farm workers. (200 Words)

Livemint

Introduction:-

The condition low income farmers and farm workers is critical in India. The present condition of farmers in India

is concerning. National Crime Records Bureau (NCRB) had estimated 12,602 farm suicides for 2015, the latest

year under investigation, up by 3% from the previous year. Agriculture has been hit severely by demonetization.

The recent budget initiated many measures:-

1) It delisted the perishables like fruits and vegetables from Agriculture Produce Marketing Committee

(APMC) to enable farmers to realize a better price.

2) Integration of farmers with agro-processing units for better price realization and reduction of post-

harvest losses.

3) Mini labs for soil testing will be set up in all 648 Krishi Vigyan Kendras across India which will be run by

rural entrepreneurs and will be assisted by the government. It is to promote agricultural entrepreneurship.

4) Dedicated micro-irrigation fund with a corpus of Rs5,000 crore under Nabard which will help the farmer in

case of erratic monsoon and draught.

5) To provide farmers with adequate and timely credit, the budget raised the target of agricultural loans to

Rs10 trillion in 2017-18, up from a targeted Rs9 trillion in the previous year.

6) An expert committee which will be constituted to study and promote creation of an operational and legal

framework to integrate spot market and derivatives market for commodities trading.

But certain issues still remains:-

1) The interest subvention scheme of 3% is provided if the money is paid back in time, and in case monsoonal

distress farmer are unable to dot that hence the scheme benefit is availed of by the agri-business


http://www.insightsonindia.com/2017/02/02/2-critically-analyse-recent-union-budget-seek-address-low-income-problem-farmers-farm-workers/

http://www.insightsonindia.com/2017/02/02/2-critically-analyse-recent-union-budget-seek-address-low-income-problem-farmers-farm-workers/

http://www.livemint.com/Opinion/BDDgDwoopfjjqKCxei2s5J/Arun-Jaitleys-budget-has-nothing-for-farmers.html



companies. Roughly Rs8 trillion out of the Rs10 trillion will eventually go to the agri-business

corporations in the name of farmers.

2) Because of climate change and no fixed production output agriculture suffers from income insecurity so

less money means less next yr investment.

3) According to the Shanta Kumar Committee, only 6% farmers get the benefit of minimum support price

(MSP). The remaining are dependent on the markets and volatility in the market make them more vulnerable.

4) Further agriculture has been hit severely by demonetization, which saw farm incomes plummeting as no cash

for fertilizer seeds etc.

5) Skill imparting and more subsidies to mechanize farming has not been adequately addressed.

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

and the performance of these schemes;

32. Critically evaluate the impact of the Rashtriya Swasthya Bima Yojana on access to

healthcare and financial risk protection. (200 Words)

EPW

The RSBY, the health insurance scheme for BPL(below poverty line) families was launched for the workers in

the unorganized sector in the FY 2007-08 and it became fully operational from 1st April 2008. It provides for IT-

enabled and smart –card-based cashless health insurance, including maternity benefit cover up to Rs 30,000/-

per annum on a family floater basis to BPL families (a unit of five) and 11 occupational groups in the unorganized

sector.

Achievements of RSBY-

The number of families that are enrolled in RSBY has gone up from 4 million on 31st March 2009 to 34.16

million on 28th February 2013. Beginning with 12,500 hospitalization cases in the financial year 2008-09,

it has increased to 1.75 million such cases in 2011-12.

There are about 171 million persons living-in-households-with-a-RSBY-Smart Card and 119 million of them

are enrolled in the scheme.

Enrolment of Females in the scheme has increased by 20% from Round 1 to Round 4. Also, for the enrolled

females, the average female hospitalization ratio (total female hospitalization cases/total females enrolled)

has increased from 4.53% to 6.6% during the same period.

World Bank has observed that “The experience with the design and implementation of the

Rashtriya Swasthya Bima Yojana (RSBY) in particular, is one of the most promising efforts in India to

bridge this gap by providing health insurance to millions of poor households. The program is now

internationally recognized for its innovative approach to harnessing information technology to reach the

poor.”

However the recent assessment conducted by the Council for Social Development and published in its latest

report, “India: Social Development Report 2014” observed many drawbacks of the scheme.

Study found that despite high enrolment in RSBY, catastrophic health expenditures (when medical

expenses push a family into poverty), hospitalization expenditure have steadily increased, for both in-

patients and outpatients, over the last two decades. Government-financed health insurance schemes like

RSBY are providing insignificant protection against catastrophic health expenditure.

The relatively poor households which are covered under RSBY, reported an increase in out-of-pocket

expenditure for hospital care.

Between 2004-05 and 2011-12, hospitalization expenses have increased at a much higher rate (9.2%)

compared to outpatient expenses (4.5%) or medicines (4.85%). The poorer income sections in RSBY have

indeed experienced a rise in catastrophic headcount, a conclusive proof that RSBY and other state run

insurance programs have failed to provide financial risk protection,” the report noted.


http://www.insightsonindia.com/2017/02/04/3-critically-evaluate-impact-rashtriya-swasthya-bima-yojana-access-healthcare-financial-risk-protection/

http://www.insightsonindia.com/2017/02/04/3-critically-evaluate-impact-rashtriya-swasthya-bima-yojana-access-healthcare-financial-risk-protection/

http://www.epw.in/system/files/pdf/2017_52/4/SA_LII_4_28012017_Soumitra_Ghosh.pdf



Further the scheme is fraught with exclusion error and inclusion error. The study concluded that RSBY

was being used mostly by those who already had better access (to healthcare services) and the most

marginalized sections were being excluded further.

In many cases doctors and hospitals are found perform unnecessary surgical operations to claim the

money of insurance.

Major design flaw in RSBY and other such state health insurance programs is their narrow focus on

secondary and tertiary care hospitalization.

Conclusion-

The RSBY was launched with the noble intention, but its outcome is not in proportion with its objectives. Strong

political Will, bureaucratic maneuverability and active participation of citizens are most important factors for any

such welfare scheme to succeed.

Topic: Poverty and developmental issues

33. What does world need today – protectionist measures or free trade – to eliminate poverty?

Substantiate. (200 Words)

Livemint

In a global trading landscape that is being increasingly influenced by protectionist narratives, the approval of

the landmark European Union-Canada trade deal Comprehensive Economic and Trade Agreement (Ceta) by

the European Parliament comes as a breath of fresh air. Trade between the two economies amounts to about

$63 billion presently, and reports say Ceta could increase this by 20% to as much as $76 billion.

CONCERN -Foreign competition induced by Ceta was particularly feared to hurt local(Belgium) farmers, who

were increasingly facing higher production costs in their region. Such concerns are legitimate and are shared

by a host of countries, including the US. But, there are huge welfare gains that accrue to consumers of cheaper

imports.

Case study – A report on Analysis of the effects of free trade agreements (FTAs) negotiated by the EU in the

past two decades shows that these agreements not only improved the quality of the imports , but also lowered

the quality-adjusted price of those imports. In value terms, cheap imports resulted in savings of billions for

consumers every year.

INTRODUCTION –

Globalization was conceptualized with an aim to increase the quality of life being led by people all across the

globe.

Free trade, which is an element of globalization, ensures that people of a country get an access to goods and

services from other countries which are supposedly better at producing those. Free trade is based on theory of

comparative advantage, with countries focusing on goods/services which they can manufacture competitively.

Protectionism is more inward-looking defensive measure that is used by countries to limit unfair foreign

competition.

Protectionism’s effects on poverty reduction –

Positive :

1. Protection Measures like anti-dumping duty and CVD’s- prevent distortion of market by foreign players and

help in preventing undue negative effect on domestic industries.

2. Support to core industries -Leads to employment.

Negative :

1. Cartelization by domestic producers may prove detrimental to small firms

2. Decreased savings of poor to procure higher costs of products where country does not enjoy competitive

advantage. Eg- Manufacturing in US.


http://www.insightsonindia.com/2017/02/23/4-world-need-today-protectionist-measures-free-trade-eliminate-poverty-substantiate/

http://www.insightsonindia.com/2017/02/23/4-world-need-today-protectionist-measures-free-trade-eliminate-poverty-substantiate/

http://www.livemint.com/Opinion/4sR5OKKc3CK6KrhVgJQKMI/Free-trade-is-good-for-the-poor-too.html



Free trade and poverty reduction –

Positive:

1. Efficient economy- Allows countries to maximize their comparative advantage while boosting growth,

investments and technological capability and thus improving ‘spread effect’.

2. Welfare policies – Rise in country’s income due to free trade, may lead to additional income to compensate

for losses (unemployment insurance) and improvement in competitiveness of MSME’s (MUDRA, Start-up

India).

TRADE’S PRO-POOR BIAS –Trade has a pro-poor bias, as the poor tend to gain more through freer

trade. This is because tradable goods constitute a large portion of their overall expenditure, and lower

import prices of these goods feed into greater savings for them. Any barriers to trade can quickly

degenerate into barriers to reducing poverty.

Negative:

Hurts uncompetitive and small domestic firms exacerbating GINI coefficient.

Leads to massive trade deficits, higher debts and offshoring for some leading to loss of employment. Eg-

US high deficit with Mexico after NAFTA leading to much high job cuts.

Pressure from developed nations as stringent labour and environmental, IPR standards are enforced on

poorer nations which impacts growth (leads to neo-colonialism)

WHY FREE TRADE IS BETTER AT POVERTY REDUCTION –

Free trade has a pro-poor bias. Free trade hurts uncompetitive businesses and causes unemployment. But as

long as the losers are compensated from the aggregate welfare gains resulting from trade, there is a strong

case to be made in favor of liberalizing restrictions. This compensation should be in the form of robust safety

nets—such as unemployment insurance benefits or income support payments—that are combined with skilling

programs to retrain displaced workers for new employment opportunities.

PROBLEM WITH PROTECTIONIST MEASURES –

Legitimate argument in favor of imposing anti-dumping or countervailing duties on certain items can be made if

the cheap imports are result of market distortions by exporting country.

For example, In its high growth years, China witnessed heavy state-led investments in its steel industry. This

led to industrial overcapacity in the subsequent low growth years when domestic demand faded. Consequently,

Chinese producers engaged in price discrimination by exporting steel to foreign markets at prices far lower than

those prevailing domestically. The importing countries naturally witnessed damage to their domestic steel

industries, but not necessarily due to their own inefficiencies or weaknesses. They lost out owing to market

distortions or failures induced by their foreign trade partner’s state policy. This could justify appropriate domestic

measures.

The problem with such measures is that it is often difficult to distinguish clearly between cheap imports induced

by market distortions and those taking place as a result of genuine comparative cost competitiveness of the

foreign producers. And the result is a flagrant misuse of anti-dumping measures to thwart even genuine imports

and to create collusion and cartelization by domestic producers. Given their potential for misuse, protectionist

measures should be avoided or limited to exceptional situations only.

CONCLUSION –

The current global scenario calls for a fair balance between free trade and protectionist measures as a nation

cannot solely resort to either of the method. While free trade should be allowed for creation of job opportunities

and cater to wide consumer needs, the govt. should protect those loosing from free trade through incentives

like unemployment compensation, concession for upgradation of local industries to make them at par with global

standards.

The extremes of both the measures would be detrimental to economy in longer term. Hence, a country should

try to protect the sensitive sectors in its economy, with minimum required protectionist measures.( Eg- Subsidy

flow maintained to support agricultural-competitiveness, while opening of service sector by India).




WTO has an important role to play in this regard to establish balance between Trade Facilitation and Special

Safeguard Mechanism customized as per condition of country’s economy.

34. The National Institute of Mental Health and Neurosciences (NIMHANS) has estimated that

approximately 150 million people in India experience one or the other mental health

condition. Discuss the nexus between gender, poverty and mental health. Examine if

interventions such as unconditional cash transfers (UCTs) could help address mental

health problem among poor. (200 Words)

The Hindu

Mental health is the foundation of human well-being, in the absence of which physical health and other concepts

of happiness are meaningless. Despite this, mental health is the most neglected part in our health system and

society. The ignorance and associated stigma further deteriorates the already disadvantaged patients of mental

illness (Double jeopardy). Hence, along with health pathways, there is a need of innovative non-health solutions

to deal with the menace of mental health problems.

Nexus between gender- poverty and mental health:

The gender-poverty-caste-mental health nexus clearly shows the impact of structural barriers on mental ill

health.

GENDER AND MENTAL HEALTH –

Due to patriarchal nature of society women, girls gets secondary treatment against their male counterparts

characterised by malnourished women and girl children who drop out of school to care for their male siblings or

because they are unable to manage their menstruation in schools without toilets or water.

Women, girls get food at last (lesser in quantity and quality many times). These things hinder mental state of

females.

The last to access health care when unwell and the first to play caregiver, girls are married off before the legal

age , often subject to brutality perpetrated by a patriarchal society, ills of dowry and intimate partner violence.

We fare poorly (130/150) on the gender inequality index, measured by indicators including workforce

participation, access to secondary education and control over reproductive rights.

In this situation, depression and anxiety are twice prevalent more among women than men, and inordinately

high among the poor.

POVERTY AND MENTAL HEALTH –

Cognitive tax: Poverty acts as cognitive tax on mental health as it degrades the thinking ability of poor beyond

daily firefighting. World Bank study also substantiated this relation.

Poor cannot get access to mental health care due to financial crunch.

Poverty also takes person into state of severe stress and depression which can lead to extreme steps like

suicides in some cases e.g. farmer suicide.

GENDER AND POVERTY –

Feminization of poverty: the burden of poverty is borne by women, especially in developing countries. This

phenomenon is not only a consequence of lack of income, but is also the result of the deprivation of capabilities

and gender biases present in both societies and governments.

CASE STUDY –

Randomised control trial conducted in Kenya by social scientists from Princeton University indicates that UCTs

resulted in an increase in earnings and other assets, greater nutritional spend, decrease in domestic violence

and increase in mental health gains, qualified by an increase in levels of happiness and life satisfaction, and

reduction in stress and depression. There was no adverse impact on alcohol or tobacco spent crime or inflation.


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http://www.thehindu.com/todays-paper/tp-opinion/basic-income-and-mental-health-gains/article17357228.ece



BENEFITS OF UCT FOR MENTAL HEALTH –

Poverty and resultant discrimination influence trajectories of well-being and mental ill health, especially among

families living in poverty (India is home to 30% of all poor children globally). Hence, the non-health measures

like UNCONDITIONAL CASH TRANSFERS will have the following benefits –

1. PYSCHOLOGICAL BENEFITS: the daily hustle for subsistence can be addressed then and the required

energy and effort can be used productively and thus reduce the mental stress due to uncertainties.

Experience of autonomy, one’s agency and choice — the allied benefits of UCTs — are imperative to

social change. An increase in levels of happiness and life satisfaction, and reduction in stress and

depression.

2. REDUCE POVERTY: the extra money supply can be used to further increase the family incomes and

come out of nexus.

3. HEALTH BENEFITS: greater nutritional spending, access to health care facilities, etc. can deal with the

mental and physical health related problems effectively.

4. SOCIAL BENEFITS: as the women will also be liable to the cash benefit, it would also promote their

empowerment, education aspects and thus the increased literacy and improved economic condition can

further reduce the violence against them.

5. NON-UNITARY GAINS: the person who received the transfer also seemed to influence outcomes, so if

the woman received the transfer, better outcomes for girl children seemed possible.

WAY FORWARD –

It is time to assess whether our fiscal climate would allow UCT. Since direct bank transfers would eliminate

middlemen, corruption, subsidy leakages and related administrative costs, the case of UCT looks better placed.

The innovative social interventions like UCT in conjunction with effective health systems, marked by early

identification and appropriate care paradigms, could yield ideal results.

However, UCTs cannot operate independent of, or as a substitute for public goods, namely health and

education.

35. Despite expansion in the use of the public distribution system (PDS), there has not been

much decline in child malnutrition. Why is there such a disconnect? What other options

are there to improve child nutrition? Analyse. (200 Words)

The Hindu

What is Public Distribution System?

Public distribution system (PDS) is an Indian food security system. Established by the Government of

India under Ministry of Consumer Affairs, Food, and Public Distribution and are managed jointly by state

governments in India, it distributes subsidized food and non-food items to India’s poor. This scheme was

launched in India on June 1997. Major commodities distributed include staple food grains, such

as wheat, rice, sugar, and kerosene, through a network of fair price shops (also known as ration shops)

established in several states across the country. Food Corporation of India, a Government-owned corporation,

procures and maintains the PDS.

Child Malnutrition problem in India:

Malnutrition: – Malnutrition or malnourishment is a condition that results from eating a diet in

which nutrients are either not enough or are too much such that the diet causes health problems.

About a third of Indian’s are believed to be malnourished and over 40% of children receive less food than they

should. The Rapid Survey on Children (RSoC), a survey performed between the year 2013 and 2014. They

have demanded that malnutrition should be included as a medical emergency in hopes to further decrease the

number of malnourished children in India.


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http://www.thehindu.com/todays-paper/tp-opinion/Drawing-up-a-diet-plan/article17125966.ece

https://en.wikipedia.org/wiki/Food_security

https://en.wikipedia.org/wiki/Government_of_India

https://en.wikipedia.org/wiki/Government_of_India

https://en.wikipedia.org/wiki/Ministry_of_Consumer_Affairs,_Food_and_Public_Distribution_(India)

https://en.wikipedia.org/wiki/State_governments_in_India

https://en.wikipedia.org/wiki/State_governments_in_India

https://en.wikipedia.org/wiki/Poverty_in_India

https://en.wikipedia.org/wiki/Wheat

https://en.wikipedia.org/wiki/Rice

https://en.wikipedia.org/wiki/Sugar

https://en.wikipedia.org/wiki/Kerosene

https://en.wikipedia.org/wiki/Food_Corporation_of_India

https://en.wikipedia.org/wiki/Government-owned_corporation

https://en.wikipedia.org/wiki/Diet_(nutrition)

https://en.wikipedia.org/wiki/Nutrient



The RSoC reports that:

38.7% are considered stunted (low height for age)

29.4% are considered underweight (low weight for age)

15% are considered wasted (low weight for height)

Data from an older report (NFHS-3 data) has shown similar numbers and correlation between the two studies

seems apparent.

Despite expansion in PDS there has not been much decline in child malnutrition.

According to a study by Himanshu and Abhijit Sen, even before the NFSA is fully implemented, use of the public

distribution system (PDS) expanded sharply with proportion of households getting PDS subsidy rising from

about 25% in 2004-05 to 50% in 2011-12. Proportion of households receiving PDS subsidies in Rajasthan

increased by about 15 percentage points, underweight declined by 3 percentage points. In Andhra Pradesh

59% of the population received PDS subsidy in 2004-05 rising to 76 % in 2011-12 but underweight rate seems

to be stuck around 32%.

Reasons for disconnect:-

Structural Reasons: – There has been many loopholes and leakages in the system. Poor targeting of

beneficiaries, presence of ghost beneficiaries, black marketing of food grains, pilferages, hoarding and

other practices.

Economic Reasons- Conditions of poverty, family, food insecurity, unemployment, low purchasing capacity

of poor people, corruption cases in government funds etc. has led to undernourished growth.

Health Reasons- recurrent infections in early childhood, anaemic and micro-nutrient deficient adolescent

mothers, problems of congested slums, lack of sanitation in rural India, Unhygienic living conditions,

changing fast lifestyle diseases, inadequate health services etc. has escalated the problem.

Unscientific Feeding practices-Inadequate complementary child feeding and a general lack of vital

nutrients beside pure caloric intake is one cause for stunted growth. Research from National council of

applied Economic Research suggest with more availability of grains people have switched to wheat, rice

instead of milk, fruits, vegetables so imbalance in diets.

Miscellaneous – Government policy paralysis, lack of information, illiteracy in rural areas, frequent

deliveries, less nutritious food to women during pregnancy, Inadequate breastfeeding has also leads to

undernourishment

Other options available to improve malnutrition:-

Community based malnutrition treatment in which child can be treated in community with help of people around

rather than being left out at home.

Medical Solutions: – de-worming and nutritional supplements. Popularly used nutritional supplements include

vitamin A, zinc, iron, and various minerals. In addition, iodized salt has been a popular weapon of the

government of India as it continues to try and promote its consumption over normal salt.

Nutritional Approach:-Nutritional Planning (which means formulation of Nutrition Policy), Nutrition education,

Nutritional Supplementation through Mid-Day Meal Scheme, Matritva Sahyog Yojana etc is required.

Improved Health Care System:- Provide immunization, oral rehydration, periodic deforming, early diagnosis and

proper treatment of common illnesses, infrastructural development in Primary Health Care Centres.

Eg. INDRADHANUSH Scheme, ASHA WORKERS

Behavioural Approach: – This includes giving children the right type and amount of nutrition. Focus on trying to

change behaviour towards calorific food and encourage the consumption of a variety of foods. Education to

mothers about child care and their nutritional intakes.


about:blank



Topic: Role of civil services in a democracy.

36. What do you understand by public services? Differentiate between all India services and

central services. Critically comment if safeguards provided under the constitution for civil

servants are in tune with the spirit of democratic ideals. (200 Words)

Public Services: Other Constitutional Dimensions, Indian Polity – Laxmikanth

Public services are those services which are provided by the state to its citizens under its jurisdiction either

directly or by financing provision of services.

In India, public services are broadly classified into three categories:

a) All India Services(AIS)

b) Central Services

c) State Services

All India Services and the Central services are different from each other in the following ways:

1. a) All India Services (AIS)

These are jointly controlled by the Centre as well as the state. The immediate control lies with the state,

while the ultimate control lies with the center.

Disciplinary actions against them can be taken by both the center and the state.

2. b) Central Services

They are under the exclusive jurisdiction of the Central govt.

They are appointed and trained by the center.

Differences between AIS and Central services:

1) Jurisdiction of work: AIS are common to both central and state government, whereas central services work

under the exclusive jurisdiction of the central government.

2) Salaries and pensions: In case of AIS, salaries and pensions met by state government, whereas central

government pays for central government employees.

3) Though AIS works in state government but their recruitment and training expenditure bear by central

government only.

Article 308 to 314 in part XIV of the Constitution of India established some safeguards for civil servants

are in tune with democratic ideals for the following reasons:

Article 311 places two restrictions to safeguard the civil servant against any arbitrary dismissal from their posts:

1) A civil servant cannot be dismissed or removed by any authority subordinate to that by which he was

appointed.

2) A civil servant cannot be dismissed or removed except after an inquiry in which he had been informed of the

charges against him and given reasonable opportunity in respect of heard in respect of those charges.

3) Article 309 empowers parliament and state legislature can impose reasonable restrictions on fundamental

rights of public servant in the interest of integrity, honesty, efficiency, discipline, impartiality, secrecy, and

neutrality.

4) Originally, the opportunity of being heard was given to civil servant at 2 stage – Inquiry stage and punishment

stage. But after 42 amendments, disciplinary can be taken without giving him any opportunity of making any

representation on the penalty proposed

The constitutional safeguards provided to the civil servants are in tune with spirit of democratic ideals

for the following reasons:

The constitution of India Provides Freedom of Speech and Right to be heard to all citizens of India. This

protection of very basic rights of an individual irrespective of his /her employment goes in tune with spirit

of constitution.


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These safeguards ensure the balance of power and check arbitrary action by any section of government.

The prospect of arbitrary dismissal or removal from service does not arise, as authorities subordinate to

the appointing authority cannot undertake such actions. This goes in symphony with spirit of constitution.

It offers sufficient safeguards to the civil servant to present his version of any case, in the event of any

disciplinary proceeding against him. It encourages civil servants to take hard but necessary decisions for

efficient administration.

Negative aspects which arise as result of this is that:

The time taken for completion of any disciplinary proceeding is too long, which provides sufficient shield to

the corrupt officials.

The provision of the President not resorting to the constitutionally mandated method of dismissal or

removal in exceptional circumstances, to serve the cause of public interest, can be subject to misuse.

One should also know about concept of ‘Doctrine of pleasure’ in light of this answer.

The doctrine of Pleasure is a common law rule. This doctrine has its origin in England. The Doctrine of Pleasure

is a special prerogative of the British Crown. In England, a servant of the Crown holds office during the pleasure

of the Crown and he can be dismissed from the service of Crown at pleasure. The tenure of office of a civil

servant can be terminated at any time without assigning any cause.

Doctrine of Pleasure in India:

Doctrine of Pleasure under the Indian Constitution is also based on the same policy considerations as it existed

under the common law in England. Though doctrine of pleasure is accepted in India as it has developed in

England, it has not been completely accepted in India. This means that the Doctrine is subject to constitutional

limitations. Therefore, when there is a specific provision in the Constitution giving to servant tenure different

from that provided in Article 310, then that servant would be excluded from the operation of the pleasure

doctrine.

The following are expressly excluded by the Constitution from the rule of Pleasure. They are:

1. Supreme Court Judges (Article 124)

2. Auditor General (Article 148)

3. High Court Judges (Article 217, 218)

4. A member of Public Service Commission (Article 317)

5. The Chief Election Commissioner.

Topic: Pressure groups and formal/informal associations and their role in the

Polity; Salient features of the Representation of People’s Act

37. Critically analyse effectiveness of electoral reforms announced in the recent Union

budget. (200 Words)

The Hindu

Introduction:-

The fundamental of a vibrant democracy is periodic elections. Elections to be meaningful should be conducted

free and fair with a level playing field to all in the fray.

The Representation of People’s Act 1950 and 1951 aims to achieve the same through the Election

Commission, a constitutional body. The problem in recent days has been use of immense money power in

elections and hence disturbing the balance.

Issue:

The Union Budget 2017 saw the finance minister announce a slew of reforms aimed at cleaning the field of


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election funding. The four elements of the scheme announced by the Finance Minister to “cleanse the system

of funding of political parties” are –

First, he claimed to follow the Election Commission in proposing a ceiling of Rs 2,000 on the amount of

cash donation that a political party can receive from one person in a year.

Second, he announced that political parties would be “entitled to receive” donations by cheque or digital

mode from their donors.

Third, he proposed a new scheme of Electoral Bonds.

Fourth, he said that every political party would have to file its Income Tax return within the prescribed

time limit in order to enjoy exemption from payment of income tax.

He insisted that this scheme will bring about “greater transparency and accountability in political funding, while

preventing future generation of black money”.

Analysis:

The second and the fourth components of this scheme are redundant, as these are no different from what the

existing law provides for.

• It does not require a new law to say that political parties are “entitled” to receive donations by cheque or

digitally. They were always entitled to this and were already doing so.

We needed a new law to mandate that the parties would be “required” to receive donations by cheque or

digitally. The Finance Minister did not propose any such thing.

Similarly, the existing law requires political parties to file their income tax returns to enjoy tax exemption.

The Finance Bill now proposes a new proviso in Section 13A clause (d) of the Income Tax Act 1961 that

explicitly says that the return should be filed within the stipulated time limit.

So far, all major parties have routinely flouted this requirement. Big national parties file their return

months after the due date and many parties don’t file the return at all. No one gets penalised for this non-

compliance. The government really did not need this amendment if it had the will to enforce the existing

law.

The case of ‘Limiting cash donations’

• The proposal about limiting cash donations to Rs 2,000 has been widely misunderstood and therefore

welcomed as a first step in the right direction.

Everyone was made to believe that the limit for anonymous donations, contributions that are exempt

from reporting, has been reduced from the existing Rs 20,000 to Rs 2,000.

That is what the Election Commission (EC) had asked for in its revised compendium of Proposed

Electoral Reforms in December 2016. The Finance Minister’s speech claimed to follow the EC’s advice.

The Finance Bill reveals something different. The existing limit of Rs. 20,000 on anonymous donation as

per Section 23 of the Representation of the People Act (RPA) has been left untouched.

The Minister has merely proposed a new, additional, clause that limits cash donation from one source to

Rs.2,000 in one year.

Notice that there was and is no requirement to disclose a contribution by cheque or digital transfer up to

Rs,20,000. There was and is no limit to how much a party can receive from anonymous donations.

More importantly, there was and is no limit to how much overall a party can receive in cash from all

sources put together.

Following the Law Commission’s recommendations, the EC had proposed that no party should be

allowed to receive more than Rs.20 crore or 20% of its overall donations from anonymous sources. The

Minister did not pay heed to this.

A small amount enters the coffers of the party and becomes party funds. A tiny fraction of party funds is

placed in the bank accounts of the party to meet some expenses that cannot remain invisible.




The figures widely discussed in the media relate to that tiny fraction of party funds, which is a small

proportion of political funds. Most of this is not voluntary contribution or donation.

Much of what political parties show as donations is black money generated by party leaders which is

turned into white money by way of book entries as donations to the party.

So far, the accountant who had to covert, say, Rs 100 crore had to make sure than the entire amount

was broken down into entries of Rs 20,000 or below. Now they will absorb the same amount by breaking

it down into entries of Rs 2,000 or below. All that the proposed law would ensure is more book entries

and perhaps a higher fee for the accountant. Otherwise, it would be business as usual.

‘Electoral Bonds’

In order to structure the political funding better and to bring transparency, the Modi Government made

several provisions in the Union Budget recently. An unprecedented announcement was made

introducing electoral bonds for which the Government is gearing up to amend the rules of Reserve

Bank of India.

The proposal has found favour generally but the plan is seen as yet another attempt by the

Government to step on the turf of the RBI. The electoral bonds which will be issued by notified banks

can be redeemed by recognised political parties within a prescribed time limit.

Electoral bonds are more to do with eliminating black money and less to do with electoral reforms.

The Government already took a step in the Budget that the political parties cannot take cash of more

than Rs.2000 from a particular donor. This will go a long way in ensuring electoral reforms.

The identity of the donor will not be disclosed if there is use of electoral bond which in case of cheque

payment gets fully disclosed showing which companies and industrial houses are supporting a

particular political party even if the funding is legitimate.

Even if there are electoral bonds, there is no limitation on giving cash to the political parties. At

present also, the amount being paid as donation is shown less than the amount being actually given

to the political parties.

Since the money will come through banks, so to some extent black money will be reduced. But as far

as corruption is concerned, it is still difficult to put a check with this step. Rather than having political

funding, government funding can be a better tool to curb corruption which is followed in many

countries of the world.

However, in country like India, this might lead to further problems when already Government has

expenditures on other serious issues like poverty, unemployment etc.

In order to bring electoral bonds, RBI Act will have to be amended because right now under the law

only RBI can issue these bonds. After this the banks designated by RBI to issue these bonds will

come into picture.

These will be short duration bonds which means that they will have to be encashed within a period of

30 or 45 days as suggested by the Finance Minister. The scheme is left at the discretion of political

parties or companies which means that it does not really addresses the issue of political funding.

There is nothing in the scheme that will encourage the companies or industrial houses to buy these

bonds by payment of cheques and political parties to take those bonds.

The new proposal of Electoral Bonds, although the detailed rules are yet to be framed, the basic

outline of the scheme is clear.

The Problem with the bonds

Once introduced, these bonds will mask whatever little transparency exists in the current system. Instead of

the usual practice of converting black money into white, these bonds will push white money into a grey, if not

black, trail.




Indeed, the black money in politics might go down, as the white money has been provided a perfect cover of

secrecy. Why would anyone give any money to a political party through cheque or digital payment and face all

the hassle of disclosure?

Trouble with electoral bonds

• Anyone who wants to donate to a political party would be able to purchase bonds from authorized banks.

This purchase will have to be in ‘white money’ against cheque and digital payments only.

Once purchased, these bonds will be like bearer bonds and will not contain the name of the eventual

beneficiary.

These bonds shall be redeemable only in the designated account of a registered political party within a

prescribed period.

So, the donor’s bank would know about who bought how much of Electoral Bonds, but not the name of

the party which received it.

The party’s bank would know the amount deposited through Bonds, but not the identity of the donor.

The Income Tax authorities and the EC would not know anything: reporting of donor, beneficiary, or

even the amount of contribution has been exempted by amending the Income Tax Act Section 13A (b)

and the RPA, Section 29C.

The net effect, and indeed the purpose, of the Bonds will be that no one except the fund giver and the

fund receiver would know about this exchange done in white money with full tax exemption.

Consider an example

Let us think of a classic quid pro quo. A government favours a business house in a mining or spectrum or oil

deal to the tune of ₹5,000 crore. Both of them have a fifty-fifty deal. Under the existing arrangement, the

business house would have to either declare in its balance sheet a ‘donation’ of Rs.2,500 crore to the ruling

party, or find that much cash to secretly hand over to the party bosses.

If the payment is in white, the party will have to declare the amount and the name of the company to the

Income Tax authorities and to the EC. Now, the company could simply purchase Election Bonds worth

Rs.2,500 crore and hand it over to the party. The company’s balance sheet will show “purchase of Election

Bonds” with no name of the beneficiary, while it enjoys 100% tax deduction on that amount.

The party will simply deposit the money in its account, with no obligation to report anything to the IT

authorities or to the EC. It may well report an innocuous amount of, say, Rs.3.8 crore as its annual reportable

income.So much for transparency.

Way Ahead

1. If the country is moving towards digitization, even the Rs.2000 which can be paid in cash to the political

parties should be paid online.

2. If all the transactions and accounts being done and used by political parties are regulated under a

piece of legislation, it might prove to be more effective and simple. There are many political parties at present

which do not file the return every year.

3. Setting aside the election of such candidates against whom there are evidences of spending black

money or excluding them from future elections as penalty can be a strong measure.

4. Voters have to be made aware through awareness campaigns as often illiterate voters are bribed for

votes before elections.

These measures if taken into consideration seriously along with the will to control illicit funding in elections,

some changes can be expected in future.

The need for electoral reforms is less emphasised. But the reforms should be designed in the right spirit and

aim to bring change at the ground level. The reforms in the current budget are less transparent than the

transparency they seek to bring about.




38. State funding of elections is said to be antithetical to democracy itself. Do you agree?

Critically comment. (200 Words)

The Hindu

What is state or public funding of elections?

This means that government gives funds to political parties or candidates for contesting elections. Its main

purpose is to make it unnecessary for contestants to take money from powerful moneyed interests so that

they can remain clean. For this to happen, state funding needs to be accompanied by strict accounting and

transparency. In some countries, state funding is extended to meeting some specific forms of spending by

political parties, not confined to electioneering alone. Countries keep changing laws relating to state funding

depending on experience and financial condition.

What is direct and indirect state funding of elections?

Direct funding means giving funds directly to political parties (or candidates). Indirect funding takes the form of

various subsidies or access. Indirect funding can take the form of subsidized or free media access, tax

benefits, and free access to public spaces for campaign material display, provision of utilities and travel

expenses, transport, security etc. If both these types are included then very few countries in the world remain

with absolutely no state funding, direct or indirect.

What have various commissions and committees said about this?

Some major reports on state funding include those given by the Indrajit Gupta Committee on State Funding of

Elections (1998), Law Commission Report on Reform of the Electoral Laws (1999), National Commission to

Review the Working of the Constitution (2001) and the Second Administrative Reforms Commission (2008).

Except for the 2001 report, all other recommended partial state funding only, given the economic situation of

the country. The 1998 report said that state funds should be given only to registered national and state parties

and that it should be given in kind only. The 1999 report concurred with this but also recommended first putting

a strong regulatory framework in place including internal elections, accounting procedures etc. The 2001 report

said that first a regulatory framework needs to be established before thinking about state funding.

How state funding of election can prove antithetical to democracy-

Democracy is all about choice. If a person is passionate about ideology and programs of any candidate,

he/she should be free to support the candidate financially. State funding limits the freedom of choice.

Also state funding has to be paid through the taxes and resources collected from citizens. First it would

increase the burden of taxes on the citizens. Second taxpayer’s money may also go to such candidates to

whom he/she does not support.

In country like India where only 4% of voters pay tax, state funding may actually end up overburdening

honest tax payers while tax evaders would have a greater incentive to avoid taxation.

Parties even national or state would start fielding non-serious candidates just to grab more and more share

of funds from the state. This would lead to wastage of citizen’s monetary resources.

Due to lack of inner party democracy and rampant internal corruption within political parties, the state funds

would get misused by political parties.

However state funding of election have certain advantages which may promote clean politics. That’s why

different commissions in India as mentioned earlier have suggested partial finding state funding.

Advantages of state funding-

State funding of election would prevent candidates undergoing unnecessary influence of their financer.

This would help elected candidates to remain impartial and unbiased towards different sections of society.

With the state funding elections in India would become more about issues pertaining to citizens and less

about money.

Election and politics has become synonymous to money power in India depriving large section of

population from entering into it. State funding of election would encourage economically less well-off

people to participate in politics.


http://www.insightsonindia.com/2017/02/17/3-state-funding-elections-said-antithetical-democracy-agree-critically-comment/

http://www.insightsonindia.com/2017/02/17/3-state-funding-elections-said-antithetical-democracy-agree-critically-comment/

http://www.thehindu.com/todays-paper/tp-opinion/Should-elections-be-state-funded/article17316234.ece

http://timesofindia.indiatimes.com/topic/elections

http://timesofindia.indiatimes.com/topic/state-funding-of-elections

http://timesofindia.indiatimes.com/topic/Indrajit-Gupta-Committee



The candidate who spends excessively during elections as most of them often do, look at politics as avenue

to earn it back at the cost of public. State funding would curb such tendencies.

All candidates start on equal footing thereby propelling citizens to select candidates on merit and integrity

of person.

Promote internal democracy- Large scale black money is responsible for centralization of political It makes

candidates participating in elections to depend on finances flowing from the party and thus parties demand

authority over them. State funding might curb this authoritative structure thereby bringing internal

democracy.

Conclusion-

State funding seems idealistic solution to curb corruption in politics. However partial state funding can be

introduced as suggested by various commissions. Further bringing political parties under RTI and removing all

the statutory clauses of undisclosed income to parities should be removed to ensure transparency and

accountability of political parties.

Topic: e-governance- applications, models, successes, limitations, and potential;

39. The government plans to launch an Aadhaar-enabled payment system soon. Examine its

advantages over other non-cash payment options and benefits. (200 Words)

Livemint

Introduction:-

AADHAAR ENABLED PAYMENT SYSTEM

In order to further speed track Financial Inclusion in the country, Two Working Group were constituted by

RBI on MicroATM standards and Central Infrastructure & Connectivity for Aadhaar based financial

inclusion transactions with members representing RBI, Unique Identification Authority of India, NPCI,

Institute for Development and Research in Banking Technology and some special invitees representing

banks and research institutions.

The working group on MicroATM standards & Central Infrastructure & Connectivity has submitted its report

to RBI. As a part of the working group it was proposed to conduct a Lab level Proof of concept (PoC),

integrating the authentication & encryption standards of UIDAI, to test the efficacy of MicroATM standards

and transactions using Aadhaar before they are put to actual use. The PoC was successfully demonstrated

at various venues.

AEPS is a bank led model which allows online interoperable financial inclusion transaction at PoS

(MicroATM) through the Business correspondent of any bank using the Aadhaar authentication.

The four Aadhaar enabled basic types of banking transactions are as follows:-

Balance Enquiry

Cash Withdrawal

Cash Deposit

Aadhaar to Aadhaar Funds Transfer

The only inputs required for a customer to do a transaction under this scenario are:-

IIN (Identifying the Bank to which the customer is associated)

Aadhaar Number

Fingerprint captured during their enrollment


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http://www.livemint.com/Money/3AOfQk6j2vrvpOH7kjOsJO/Aadhaar-Pay-will-be-cheaper-than-cards.html



Objectives:-

1. To empower a bank customer to use Aadhaar as his/her identity to access his/ her respective Aadhaar

enabled bank account and perform basic banking transactions like balance enquiry, Cash deposit, cash

withdrawal, remittances that are intrabank or interbank in nature, through a Business Correspondent.

2. To sub-serve the goal of Government of India (GoI) and Reserve Bank of India (RBI) in furthering Financial

Inclusion.

3. To sub-serve the goal of RBI in electronification of retail payments.

4. To enable banks to route the Aadhaar initiated interbank transactions through a central switching and

clearing agency.

5. To facilitate disbursements of Government entitlements like NREGA, Social Security pension,

Handicapped Old Age Pension etc. of any Central or State Government bodies, using Aadhaar and

authentication thereof as supported by UIDAI.

6. To facilitate inter-operability across banks in a safe and secured manner.

7. To build the foundation for a full range of Aadhaar enabled Banking services.

Its advantages and benefits over non cash payment options:-

1. Security from theft or counterfeiting of data/card due to the presence of biometric system

2. Wide reach – as per data 1.11 billion people had an Aadhaar number

3. User friendly with ease of transaction

4. Beneficial for lower strata – specifically for people who do not have debit cards, mobile phone or e-

wallets.

5. Offline payment system will be a win-win situation for both service provider and user considering low

level of broadband connectivity in India

6. Low transaction cost:-Unlike PoS machines, which requires credit/ debit card, a comparatively cheaper

machine is required for Aadhar enabled payment. The only requirement is the linkage of Aadhar card

with the person’s account, which have already been provided to majority of nation through Jan Dhan

Yojana. There is no prospect of extra charges to be paid for possession of Aadhar card, unlike credit/

debit cards.

7. It is better than e-wallet mechanism, as the latter can only be used for transaction if both consumer and

merchant have the same service provider

8. A UPI enable payment also needs a mobile based app, whereas Aadhar enabled payment can only be

done by a biometric signature, with no other equipment needed on part of consumer.

9. Its Environment Friendly It will save paper further the plastic used in cards will be saved and hence

with less plastic less environmental degradation

Conclusion:- India is currently at a stage where it is building the road for electronic payments. Aadhaar Pay

will be another channel to make payments. It will not only ensure the governments objectives of digital push but

will strengthen the payment systems in India.




Topic: Important aspects of governance, transparency and accountability,

40. In your opinion, what lessons should public servants and citizens should learn from the

recent Supreme Court judgement in the State Of Karnataka v. Selvi J.Jayalalithaa &

Others case? Critically examine. (200 Words)

The Hindu

Context-

Recently supreme court in the case State Of Karnataka v. Selvi J.Jayalalithaa has convicted J Jayalalitha, V

K Sasikala and other accused under the Prevention of Corruption Act. V.K. Sasikala must now go to prison for

four years, and for six years more she cannot stand for election.

Introduction-

With the single stroke of the pen Supreme Court has restored the faith of common masses into the judiciary

and once again made it clear that no person however high in position can twist the thread of justice.

Lessons for public servant-

Professional accountability- The verdict highlights that public servants are accountable to citizens. They

have to discharge their duties for the benefit of the society and must submit themselves to the scrutiny

necessary to ensure this.

Integrity- The judgment once again highlights that holders of public office must avoid placing themselves

under any obligation to people or organizations that might try inappropriately to influence them in their

work. They should not act or take decisions to gain financial or other material benefits for themselves, their

family, or their friends.

Openness and Transparency- Holders of public office should act and take decisions in an open and

transparent manner. Information should not be withheld from the public unless there are clear and lawful

reasons for so doing.

The judgment stresses that there is no room for arbitrariness in the decision making by civil servants and

all the decisions should be taken objectively and impartially.

Lessons for citizens-

Equality before law and Equal protection of law- Judgment signifies that all citizens rich or poor, official

or non-official are subjected to same set of law and are liable for same punishment. There is absence of

special privileges for any class of citizens.

The judgment would encourage citizens to raise their voice against corruption of civil servants and

politicians.

At present government controls the variety of activities concerning citizens. In the absence mechanism for

checks and balance government can become corrupt and authoritarianism. The judgment has increased

in the minds of citizens the faith on judiciary that can oversee and check corrupt politicians.

The judgement has helped to increase the awareness among people about political activities. It would

surely make people to think twice before electing corrupt leaders or politicians.

Conclusion-

It is true that judgement has brought justice for Indian democracy, it should be noted that politicians or persons

in power can easily exploit the loopholes of the law dragging the case for years and sometimes for decades.

Thus there is need to ensure speedy and effective justice by reforming criminal justice system.


http://www.insightsonindia.com/2017/02/15/2-opinion-lessons-public-servants-citizens-learn-recent-supreme-court-judgement-state-karnataka-v-selvi-j-jayalalithaa-others-case-critically-ex/



http://www.thehindu.com/todays-paper/tp-opinion/The-long-and-winding-road-to-justice/article17303955.ece



41. What’s the mandate of the Supreme Court appointed four-member Committee of

Administrators (CoA) of the Board of Control for Cricket in India (BCCI)? Examine the

challenges that CoA faces. (200 Words)

The Hindu

Introduction:- The Supreme Court has appointed four eminent personalities from varying backgrounds to a

panel of administrators to oversee the running of the BCCI until the board can hold fresh elections for office

bearers as per the recommendations of the Lodha Committee.

The mandate for the CoA is clear

Oversee the adoption and implementation of the Lodha Committee directives by the BCCI and the State

associations

Ascertain and consolidate Indian cricket’s standing in and leverage with the International Cricket Council

(ICC)

Make major decisions related to the Indian Premier League (IPL) and BCCI’s sponsorships

Introduce a governance structure that serves as a sustainable benchmark for how Indian cricket is to be

governed.

Challenges faced by CoA

1) In a span of just a few months, the CoA is expected to accomplish many things.

The stated objective is to restore the game of cricket to its fans

CoA has already begun its work of removing the remnants of the earlier regime.

It ordered the closing of the recently opened New Delhi office of the BCCI

It relieved the resources of those who had been employed there by the erstwhile administration

It also sent its representative to the critically important ICC meeting where a proposal to overturn the

revenue structure was passed by the ICC

The CoA is also likely to face a deluge of queries and complaints from the various State associations who

are unsure of, or unwilling to accept, the reforms.

2) The IPL issue:- IPL is a major revenue source for the Board

There are indications that the CoA will mostly maintain the status quo for the IPL this season, given the

paucity of time, and the many pending issues that need to be resolved.

3) CoA faces an immediate roadblock as it seeks to modify the IPL’s Governing Council in line with the Lodha

Committee directive that requires a players’ association representative. The association has not even been

formed yet

4) The CoA will need to speed up on the varied challenges from all fronts: the State associations, the ICC, the

potential sponsors, and erstwhile officials.

Conclusion: For now, a dichotomy between power play moves and restoring cricket to the fans in an undiluted

form is the immediate takeaway. But that doesn’t mean the CoA can’t or won’t be successful, and the

constituents of the CoA have the ideal credentials to give structure to the Lodha Committee’s vision.

42. How can accountability and transparency measures ensure better disaster management?

Illustrate with suitable examples. (200 Words)

The Hindu

INTRODUCION –

Disaster is a sudden, calamitous event that disturbs the normal functioning of a community or a society involving

a widespread human, material, economical and environmental losses and its impacts exceeds the ability of the


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http://www.thehindu.com/todays-paper/tp-opinion/how-to-fend-off-bouncers/article17331548.ece

http://www.espncricinfo.com/india/content/story/957707.html

http://www.espncricinfo.com/india/content/story/957707.html

http://www.insightsonindia.com/2017/02/23/3-can-accountability-transparency-measures-ensure-better-disaster-management-illustrate-suitable-examples/

http://www.insightsonindia.com/2017/02/23/3-can-accountability-transparency-measures-ensure-better-disaster-management-illustrate-suitable-examples/

http://www.thehindu.com/todays-paper/tp-opinion/a-disaster-thats-still-unfolding/article17350145.ece



affected one to cope using its own resources. So it is necessary to have with us, a proper Disaster management

framework to tackle them as envisaged in Sendai Framework. Accountability and Transparency aids the whole

process of disaster management.

ISSUE –

The recent oil spill off the coast of Ennore,T.N. has raised issues of accountability and transparency on part of

government authorities and port trust that was responsible for appropriate action. The spill resulted in severe

ecological damage for the marine ecology. The agencies, instead of acting immediately to contain the disaster,

first denied the occurrence and then have acted immediately to contain the damage to their reputations. The

coast guard was informed late.

There is absolutely no disaster-related information, precautions the public needs to take which ought to have

been widely disseminated by any responsible administration. Further, in case of any disaster, the authorities

should continue damage control until the damage is contained and not stopped at an arbitrary time fixed by the

authorities. In this case, the authorities have proudly announced that the efforts have been successfully made

while the reality is, the sleek is spreading to other coasts as well.

REFEENCES –

As per CAG report many state lack state disaster management plan – which is prerequisite for any type of

disaster response e.g UTTRAKHAND flash flood , Jhelum flood in Jammu & Kashmir.

Amartya Sen, has argued in Argumentative Indian about the positive correlation between a transparent

and accountable Government and disaster management. He has also highlighted, how a transparent and

accountable democratic Govt in India has prevented any famine after Independence, though in 1943

famine millions perished.

The Cyclone Phailin in Odisha in 2014 is a perfect example where these two helped in effective handling

of disaster. While IMD and government took responsibility for prediction of and preparation for the disaster,

transparency in available capacity to rehabilitate before and damage assessment during disaster helped

in proper management of the disaster.

Accountability and transparency during Disaster Management –

Disaster Management can be termed as an efficient ways of either preventing a disaster to happen or to handle

it in best possible way and minimize damage. Role of government to ensure preparedness and strategies to

handle disasters is very crucial, adding to that accountability for the mismanagement should be owned by the

designated authorities and transparency to disseminate timely information to people is must.

Transparency:

1. INFORMATION DISSEMINATION -Early and exact knowledge about occurence and possible impacts of

disaster and necessary precautions to take by public would reduce the vulnerability of people and

resources.

2. PROMPT AND EFFECTIVE STEPS -This would also prompt the administration to carry out effective steps

to reduce the impact. Transparency in the work will indirectly ensure accountability and force proper action.

For example, due to dissemination of wider information, the effects of Phailin was contained to a large

extent though it was of similar intensity of super cyclone in 1999.

3. CORRUPTION – in disaster management funds and also diversion in mitigation and rehabilitation

packages. Eg- Pilfering of rations meant for affected people during Indian Ocean Tsunami.

4. ROLE OF PUBLIC IN DM – Transparency facilitates awareness regarding do’s and don’ts to citizens. This

mitigates possibility of deepening impact of disaster reducing its management scope. Eg. Lack of

transparency during Chennai oil spill, has provided no clarity to volunteers on hazard of manual sludge

removal. Fishermen unaware of risks of fishing and eating sea food. This increases ambit of impacted

people hence increasing management burden.

Accountability –

1. CLEAR ACCOUNTABILITY AND DEFINED ROLES AND RESPONSIBILITIES across different authorities

will help in proper co-ordination among the hierarchical structures and put an end to the blame game.




Quicker Admission of the problem: Institutions do not admit of having the problem and it worsens the situations.

Eg. : Last year, SC court slammed many state governments for declaring the drought late but on the other hand,

TN announced drought earlier.

Despite, repeated terror attack on India, no single agency was held responsible. This augments status-quoism.

2. PRACTICING THE PRINCIPLE OF “POLLUTER SHOULD PAY” i.e. to punish the man-made causes

of disasters as done in the case of alkananda dam for being one of the causes for Uttarakhand floods will act

as a deterrent for reckless actions.

3. HOLDING THE AUTHORITIES ANSWERABLE and define punishments for exhibiting lack of interest will

force them to take swift actions and ensure preventive measures. eg: In the recent Oil spill issue on the

Tamil Nadu coast there was a huge delay for the local authorities from initiating an action. Clear

demarcation of duties should be done among Union, State and local govt. along with effective co-

ordination.

It would help in identifying the erring official or regime and fear of sanctions would force them to take appropriate

action. In Odisha, after super cyclone there was regime change by people due to inefficiency in containing the

effects of disaster.

4. CONTINGENCY PLAN: Not having plans for disasters should be punitive and such people/institution

should be made accountable. Eg : Indian Coast Guard has been asking the states to prepare coastal

contingency plans for TN has not prepared any such plans and only working on draft for 3 years.

CONCLUSION –

Transparency and accountability reduces chances of recurrence of disaster by fixing the root cause of incident

and served as the long term solution by creating effective resilience. Further, Transparency and accountability

build conducive environment for active government-citizen partnership in spirit of humanity and responsibility. It

facilitates better governance and disaster management.

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

affecting India’s interests

43. Do you think, at this juncture, e-commerce and investment issues should be included

under WTO agenda? Should developing countries welcome these issues under WTO?


The Hindu

Introduction:-The Doha Development Round or Doha Development Agenda (DDA) is the latest trade-

negotiation round of the World Trade Organization (WTO) which commenced in November 2001 under then

director-general Mike Moore. Its objective was to lower trade barriers around the world, and thus facilitate

increased global trade.

e-commerce and investment issues:-

Electronic commerce or e-commerce, involves the digital transfer of goods and services. It is the sale or

purchase of goods or services conducted over the internet or other computer networks. An e-commerce

transaction can be between individuals, households, enterprises, governments and other organizations.

The Work Program (1998) on e-commerce declared at Second MC gives basic guidelines and is emerging as

the future regulations for the fast-growing global e-commerce sector. It covers all issues related to trade arising

from global e-commerce, including enhancing internet connectivity and access to information and

telecommunications technologies and public internet sites, the growth of mobile commerce, electronically

delivered software, cloud computing, the protection of confidential data, privacy and consumer protection.


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Yes they should be included at this juncture:-

Its inclusion is in accordance with the changing consumer behavior pattern. It will lead to flow of goods and

services across the borders seamlessly. The consumers will be exposed to diverse choices.

The internet mode of implementation give space for large impact area.

It will create a level playing field for MSME in terms of better returns and improved financial viability. It will

also diversify the WTO negotiations.

Its inclusion has the ability to strengthen investors confidence for dispute resolutions. It will also have a

positive impact on GDP of countries.

No they should not be included at this juncture:-

The basic infrastructure required for e-commerce is not ready. The internet penetration level is still only at

9-12%.

The Doha Development Agenda and food security issues are already pending. The unfair competition and

disruption creation will not be beneficial. Low income countries are not getting benefited.

The existing social divide will proliferate into other social-economic divisions. Introduction of e-commerce

and investment issues will benefit big companies and can diminish the profit of MSME. It might also cause

constant friction between foreign companies.

Should developing countries welcome this:-

The average internet penetration of 43% worldwide provides an opportunity for such step. It will also

strengthened the notion of globalization in a phased manner. Though all these the supportive infrastructure is

not present in the form of internet penetration, broadband instabilities and affordability of internet which is cause

of concern or developing countries.

44. It was said that the Trans-Pacific Partnership (TPP) Agreement’s damaging ambitions

were most evident in the proposed provisions concerning intellectual property. Do you

think these provisions will be defunct as TPP now stands cancelled? Critically examine.

(200 Words)

The Hindu

Introduction:-

TPP in a nutshell:-

Twelve countries that border the Pacific Ocean signed up to the TPP in February 2016, representing

roughly 40% of the world’s economic output.

The pact aimed to deepen economic ties between these nations, slashing tariffs and fostering trade to

boost growth. Members had also hoped to foster a closer relationship on economic policies and regulation.

The agreement was designed so that it could eventually create a new single market, something like that

of the EU.

But all 12 nations needed to ratify it, before it could come into effect.

Once Donald Trump won last year’s election, the writing was on the wall for the TPP.

US participation was the major linchpin for the deal. It may be possible for the other countries to forge a

smaller scale pact in its place, but it can’t go ahead in its current form.

Those other member states are: Japan – the only country to have already ratified the pact – Malaysia,

Vietnam, Singapore, Brunei, Australia, New Zealand, Canada, Mexico, Chile and Peru.

For and against:-

Former President Barack Obama treated trade deals as a priority during his tenure, and this particular deal

would have bolstered America’s position in the Asia-Pacific region, where China is growing in influence.


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But US opponents have characterised the TPP as a secretive deal that favoured big business and other

countries at the expense of American jobs and national sovereignty.

On the campaign trail Donald Trump called it a “horrible deal”.

But it’s not just Mr Trump who opposed the deal. Critics on the left also said it had cost US jobs and said

the TPP would pave the way for companies to sue governments that change policy on, say, health and

education to favour state-provided services. And it was also seen as intensifying competition between

countries’ labour forces.

How big a deal was the TPP?

Pretty big. The 12 countries involved have a collective population of about 800 million – almost double that

of the European Union’s single market. The 12-nation would-be bloc is already responsible for 40% of

world trade.

The deal was seen as a remarkable achievement given the very different approaches and standards within

the member countries, including environmental protection, workers’ rights and regulatory coherence – not

to mention the special protections that some countries have for certain industries.

The US pulling out will be seen as big blow for other nations that signed up.

TRANS PACIFIC AGREEMENT AND INTELLECTUAL PROPERTY RIGHTS:-

TPP was opposed extensively by progressives for the last two years because of its far-reaching provisions

that increased corporate power over trade at the expense of workers and consumers.

The TPP provided explicit protections for ‘biologics’ (drugs manufactured in a living organism, rather than

through chemical synthesis), the first trade agreement to do so. More damagingly, the agreement

mandated the protection of clinical test data submitted for marketing approvals, with pharmaceutical data

obtaining five to eight years of protection.

This provision, called ‘data exclusivity’ or ‘marketing exclusivity’, prevents a generic company from relying

on the clinical test results of the originator in order to prove the efficacy of its drug.

It was justified using the argument that clinical trials are the most expensive part of drug development and

hence there is a necessity to provide drug developers the ability to limit access to that data so as to

incentivise research.

DOES THE PROVISIONS FOR IPR STANDS DEFUNCT?

The developed world’s ambitions for intellectual property will not die with the agreement. Indeed, what

seems to be likely is that these damaging provisions will simply migrate to other agreements.

S. withdrawal from the TPP may change the U.S.’s approach to trade and intellectual property more in

form than in substance, by switching from trade agreements that include several countries to bilateral free

trade agreements (FTAs).

Despite the public health impact of the TPP’s provisions having gripped public discussion on the

agreement, it is unlikely that these concerns will guide U.S. trade or foreign policy.

In reality, the TPP had been dead long before President Trump’s executive order was signed. Still, it is

evident that the stealthy global subversion of access to medicines through trade agreements and

diplomatic pressure by the U.S. will continue.

But there are possibility that the harsh and unethical provisions may no longer be continued:

China and India both are part of RCEP and may influence the policies for public health safeguards and

their growing generic market.

The pressure of social activist and the possible intervention of UN for protecting citizens of under

developing and developed countries may be the beacon of hope for the generic drug developers.


http://www.bbc.co.uk/news/business-38061616



Conclusion:-

With events like Brexit, Trump win in US elections and Europe refugee crisis happening around the world there

will be no surprise if the major economies endorses such inward looking policies. TPP though appears to be

dead at present might take a rebirth in future foreign policies of many.

45. “With other mega regional trade agreements like the Trans–Pacific Partnership in

uncertainty, trade treaties like the Regional Comprehensive Economic Partnership will

acquire greater significance beyond their original ASEAN-centred grouping.” Discuss. (200

Words)

EPW

The USA elections and Brexit phenomenon at global platform has led to the various changes in global trends

and thus the Trade related aspects cannot be exception to this. RCEP has the very purpose to create an

alternative trade agreement that includes the China and India which has been left by the TPP.

About Regional Comprehensive Economic Partnership (RCEP)

It is a proposed free trade agreement (FTA) between the ten member states of the Association of Southeast

Asian Nations (ASEAN) (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar,

the Philippines, Singapore, Thailand, Vietnam) and the six states with which ASEAN has existing free trade

agreements (Australia, China, India, Japan, South Korea and New Zealand).

RCEP negotiations were formally launched in November 2012 at the ASEAN Summit in Cambodia.

RCEP potentially includes more than 3 billion people or 45% of the world’s population, and a combined GDP of

about $21.3 trillion, accounting for about 40 percent of world trade.

RCEP and further prospects

As India and china are the part of this mega block it has the huge potential to rise up at global level and

set an example for the comprehensive economic partnership.

Recognizing the centrality of ASEAN in Asia, the RCEP was supposed to take regional economic

integration to another level. It might now become a venue for Asian powers.

This agreement has the potential to diversify the trade basket due to variations in the trade compositions

in countries involved in this mega trade block. The strengths and weaknesses of each other can be

positively utilized to cater the needs of trade.

RCEP involves many components along with goods, such as trade in services, investment, economic and

technical co-operation, intellectual property, competition, dispute settlement and other issues.

It is generally pursued that the failure of WTO has led to the formation of regional mega blocks such as

RCEP , but simultaneously one has to make a point that the document of RCEP has provision to stick to

the WTO rules and thus can act parallel with WTO for more liberal trade.

There is probability that after the series of successful negotiations , RCEP can be expanded and include

other countries as well . The founding document of RCEP has the provision for the further expansion.

Challenges for RCEP :

The mere fall down of TPP will not led to rise of RCEP , as at international level , many aspects play a

crucial role in successful functioning of mega trade block such as RCEP.

The global sentiments about protectionism and anti-globalization may have its impact on Asian countries

as well.

Issues related with intellectual property rights needs a clear documentation from all stakeholders.

Regional securities such as maritime security and south china sea disputes can create hindrance in the

fruitful dialogue among the members.


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http://www.epw.in/journal/2017/7/commentary/%E2%80%98new%E2%80%99-recipe-trade.html

https://en.wikipedia.org/wiki/Free_Trade_Agreement

https://en.wikipedia.org/wiki/Association_of_Southeast_Asian_Nations

https://en.wikipedia.org/wiki/Association_of_Southeast_Asian_Nations

https://en.wikipedia.org/wiki/Brunei

https://en.wikipedia.org/wiki/Cambodia

https://en.wikipedia.org/wiki/Indonesia

https://en.wikipedia.org/wiki/Laos

https://en.wikipedia.org/wiki/Malaysia

https://en.wikipedia.org/wiki/Myanmar

https://en.wikipedia.org/wiki/Philippines

https://en.wikipedia.org/wiki/Singapore

https://en.wikipedia.org/wiki/Thailand

https://en.wikipedia.org/wiki/Vietnam

https://en.wikipedia.org/wiki/Australia

https://en.wikipedia.org/wiki/China

https://en.wikipedia.org/wiki/India

https://en.wikipedia.org/wiki/Japan

https://en.wikipedia.org/wiki/South_Korea

https://en.wikipedia.org/wiki/New_Zealand



Conclusion-

One can say that it is too early to predict about success and failure of RCEP at this stage . it will take its own

course of time. RCEP Negotiations will cover the four pillars of promotion, protection, facilitation and

liberalization. Open dialogues , information exchange , Barrier free trade are the key aspects to enhance

cooperation in the field of trade liberalization .

46. Should India allow countries such as the USA, Japan and Australia to help mend its ties

with China? If not, why should it alone try to improve its bilateral relationship with China?

Comment. (200 Words)

The Hindu

Background:-

The recent visits by American officials like Rechard Verma to Tawang, his visit followed comments by U.S.

Consul General Craig Hall has sparked a debate on whether India should allow countries such as USA, Japan,

Australia to help mend its ties with china.

To allow these so-called middle powers to speak for India is a mistake equal to that of allowing any big

power to do the same as:-

India is not, nor is it likely to be a treaty ally of the U.S., as Australia and Japan are

Such a coalition would necessarily be considered a front to counter Chinese maritime hegemony

While Indian naval presence would boost efforts to police the South China Sea, the other members of this

coalition would hardly be able to help India on its most prominent frontier with China, the unresolved Line

of Actual Control.

India should alone try to improve the ties with china:-

It will help in increasing trust and credibility in relationship of India and China

As India China relationship is marked by complex geopolitical issues on three fronts like land boundaries,

maritime boundaries and Tibet issue etc interference by other nation will be seen as harmful to chineses

interest from china’s point of view.

Interference by other powers may result in manipulation of Indian interest to some extent as per needs of

their agendas to contain china’s rise

India China shares historic, cultural ties and neighbourhood and hence its in utmost interest to solve

bilateral problems by the two countries on their own.

Conclusion:-

Multilateral approach to solve sino-Indian issues is helpful when it comes to pressurizing china in international

areas a healthy bilateral approach is need of the hour.

47. Critically analyse nature of solar power dispute between India, USA and the WTO, and its

implications for India. (200 Words)

The Hindu

Background-

WTO has awarded dispute between India and USA in favor of the latter as panel of the WTO found that India’s

domestic content requirements (DCR) under the Jawaharlal Nehru National Solar Mission (JNNSM) violates its

commitments under the global trading rules, specifically the General Agreement on Tariffs and Trade (GATT)

and the Agreement on Trade Related Investment Measures (TRIMs). Recently in September 2016 India

requested consultations with the U.S. under the dispute settlement system regarding alleged domestic content

requirements and subsidies provided by eight U.S. states.


http://www.insightsonindia.com/2017/02/20/5-india-allow-countries-usa-japan-australia-help-mend-ties-china-not-alone-try-improve-bilateral-relationship-china-comment/



http://www.thehindu.com/todays-paper/tp-opinion/speak-in-our-own-voice/article17331542.ece

http://www.insightsonindia.com/2017/02/28/3-critically-analyse-nature-solar-power-dispute-india-usa-wto-implications-india/

http://www.insightsonindia.com/2017/02/28/3-critically-analyse-nature-solar-power-dispute-india-usa-wto-implications-india/

http://www.thehindu.com/todays-paper/tp-opinion/seeing-the-light/article17379885.ece



Nature of solar power disputes between India and USA at WTO-

Reciprocation- Earlier USA challenged the provision of domestic content requirement of India’s JNNSM

at WTO and got the decision in favor of her. To this India responded by asking to form dispute resolution

panel at WTO against 8 states in USA. This is seen as reciprocating USA’s action by India.

Protectionist policies- Both governments are trying to protect their domestic industries by restricting

import and access to foreign players.

Contradictory actions- Both countries are trying to encourage development of indigenous industries by

subsidizing or through provisions like India’s DCR in solar energy. At the same time they want other country

to remove such incentives given to local manufacturer.

Quest for renewable energy- Although both governments are at loggerhead over the issue of access to

market, both countries are incentivizing and encouraging use of renewable energy and to contribute to

fight climate change.

Use of global platform rather than bilateral fighting- Both countries are making wise use of WTO

platform to solve bilateral issues. Although such problems can be solved bilaterally, WTO’s decisions are

binding which prevents further deterioration of bilateral ties.

Implications for India-

India has ambitious plans for manufacturing sector under Make in India program. WTO’s decision against

India may hamper the progress of this program.

All the industrially advanced economies had adopted protectionist policies at their initial stage of

industrialization to protect local industries from foreign competition. But India cannot avail this liberty as

India is committed to WTO rules under national treatment principle. This may adversely affect the growth

of local industries in time to come.

This would compel Indian manufacturers to be efficient, cost effective and technologically sound to

compete with foreign players.

WTO’s decision has prompted India to take objection on subsidies given for renewable energy by 8 states

of USA. This shows India’s resolve to take reciprocating action against advanced nations to resist their

dominance.

Finally India’s reciprocative step may strain the ties between the two nations. However the other outcome

of this step could be such that both the countries may come together to solve this problem amicably.

48. It is argued that geopolitics rather than geoeconomics predominates India’s thinking on

possibilities offered by the revival of the old Silk Road by the Chinese. Do you agree?


EPW

One of China’s most ambitious economic and foreign policy projects is the so-called “One Belt, One Road”

initiative, also referred to as the Silk Road Economic Belt and the 21st Century Maritime Silk Road. It aims to

connect the China with central Asia, west Asia and Europe through a massive program of infrastructure building.

China wants India to be member of this project for its successful operation and obstruction-free working. In

return India too will benefit economically as India would get direct connectivity to land-locked central Asia,

resource rich west Asia and prosperous Europe. Despite these economic opportunities, India is wary of joining

one belt one road initiative. The probable reasons are-

At the heart of India’s reluctance to embrace Beijing’s promise of road building and connectivity is strategic

mistrust. The country is wedged between two nuclear-armed neighbors and has fought wars against both

in the last 60 years. The historical baggage of the1962 war still looms large in India’s imagination. During

the brief war, Beijing inflicted a crushing defeat on the unprepared Indian army.


http://www.insightsonindia.com/2017/02/04/4-argued-geopolitics-rather-geoeconomics-predominates-indias-thinking-possibilities-offered-revival-old-silk-road-chinese-agree-critically-co/



http://www.epw.in/journal/2017/4/strategic-affairs/indias-opposition-china%E2%80%93pakistan-economic-corridor-flawed.html

http://blogs.worldbank.org/eastasiapacific/china-one-belt-one-road-initiative-what-we-know-thus-far

http://blogs.worldbank.org/eastasiapacific/china-one-belt-one-road-initiative-what-we-know-thus-far

http://thediplomat.com/2012/08/historys-hostage-china-india-and-the-war-of-1962/



China-Pakistan Economic Corridor is the key reason why Delhi is hesitant to embrace the initiative. The

proposed corridor (expected to connect Kashgar with the Port of Gwadar in Balochistan) runs through

Pakistan-occupied Kashmir and Gilgit-Baltistan; both are considered by Delhi to be Indian territories. India

has lodged regular protests against creating CPEC that challenges sovereignty issue.

Indian analysts are also concerned about a lack of operational detail. Paucity of specific information is

making some Indian researchers wonder whether the whole project is just a game of deception

One of the reasons why Delhi has not endorsed OBOR is because it perceives the move as Beijing’s

attempt to expand its influence in the region. China’s plan to expand its presence further in the Indian

Ocean region and the Central Asia, however, has caused discomfort in Delhi, which has already been wary

of China’s “string of pearls” assets encircling India.

There is anticipation that it would serve the China’s interest more and can dominate the trade policies, So

India is reluctant of accepting china’s hegemony.

Conclusion-

The current strategic mistrust between Delhi and Beijing will make it very difficult for Indian policymakers to

accept the “One Belt, One Road” initiative in its present form. Rajni Bakshi, a senior Gandhi Peace Fellow from

Mumbai’s Gateway House, has argued that Beijing has to co-design the new Silk Road with India for it to have

any chance of success. If the Chinese government wants to address the trust deficit and get a larger buy-in

from Indians, it will have to engage Delhi in designing and implementing “One Belt, One Road.”

Topic: India and neighbours

49. What are the likely consequences of recent change of policy on Iran by the United States?


The Hindu

Introduction:-

A set of new sanctions imposed on Iran by the United States over a missile test has taken ties between the two countries, which saw incremental improvement over a couple of years, back to the pre-Obama era.

Consequences of recent change of policy:-

Geopolitical Consequences:-Iran is a strong regional power. Negative policy with Iran can impact the whole region negatively including Iraq, Lebanon and Yemen. Military exercise by Iran with China in response to new sanctions, and inclusion of China in MENA politics would further complicate the Geopolitics in the region and lead to arms race

West Asia De stabilization:-The tensions in West Asia are on account of rivalries with Saudi Arabia. The cooperation of Iran is needed to bring all countries on table.

ISIS Resurgence:-US needs Iran’s support to restrict ISIS influence particularly in Iraq, where Shia-militants have been instrumental in liberation of cities. As Iran is backing the Bashar -al Assad Regime of Syria and even providing logistic support to militias fighting along with Syrian Military against the ISIS.

Stumbles in US Russia relations:-Moscow considers Tehran as its critical ally, and sidelining of Iran by US may be seen as an effort to increase US influence in Middle East, which might negatively affect improving US-Russia relations

Decline in Iran Economy:-Business investments would further decrease, increase in trade deficit, coupled with low oil prices in short-term would further lead to deteriorating socio-economic indicators (High inflation, employment)

Energy Crisis:-Lead to further supply shocks with respect to oil and push its prices up in medium-long term, which would act as detrimental to India’s BoP and also its investments in Iran

Remittances:-As Iran provides employment to many nationals the US policy of immigration ban can affect it very severely.


http://www.cfr.org/pakistan/behind-chinas-gambit-pakistan/p37855

http://thewire.in/3018/why-india-is-bringing-gilgit-baltistan-back-into-the-kashmir-equation/

http://www.gatewayhouse.in/new-silk-road-for-a-just-world-order/

http://www.insightsonindia.com/2017/02/07/5-likely-consequences-recent-change-policy-iran-united-states-critically-comment/

http://www.insightsonindia.com/2017/02/07/5-likely-consequences-recent-change-policy-iran-united-states-critically-comment/

http://www.thehindu.com/todays-paper/tp-opinion/Perilous-U-turn-on-Iran/article17206792.ece



International Implication : Iran would move closer to china and this can impact India’s strategic interest in Iran as it may find chabhar port and the highway road to Afghanistan less attractive to the One Belt One Road Initiative of the Chinese.

Security Implication : The recent meeting of Taliban and Iranian officials would gain strength and it can negatively impact the Afghanistan peace process which is yet to recover from the destruction caused due to the ongoing civil war.

Conclusion:-The need of hour is to follow liberal policies in order to help Iran to grow regionally. The way forward is to follow precedence set by Obama administration and not to abruptly change it.

50. The clamour for security, accountability and transparency is leading to unfettered increase

in the power of states. In the light of recent amendment to the Section 132 of the Income

Tax Act and similar measures related to Aadhaar, critically comment how these measures

affect citizens and governance. (200 Words)

The Indian Express

Introduction-

The good governance follows transparency and accountability on the part of both citizens and state. Recent

some legislative changes in India have increased the accountability on the part of citizens but state is bereft of

any such responsibilities.

Latest amendment to the section 132 of IT act

Tax authority will not have to disclose to any person or any authority or the Appellate Tribunal why it has “reason

to believe” that there is a basis for conducting a search and seizure operation.

Controversial provisions of Aadhar–

In the interest of national security, a Joint Secretary in the central government may issue a direction for

revealing Aadhar details.

On the order of a court, (i) an individual’s Aadhaar number, (ii) photograph, and (iii) demographic

information, may be revealed.

No court shall take cognizance of any offence except on a complaint made by the UID authority or a person

authorized by it.

Impact of such amendments/rules on citizens and government-

Positive impact-

Amendments to IT act may result in increase the tax compliance by reducing procedural delay, by preventing

tax evasion and leakages. It may also create tax friendly environment through robust policy formation and may

arrest creation of black economy. This provision may boost the morale of honest tax officials. More internal

checks would increase the accountability and efficiency of tax officials.

Similarly Aadhar act is intended to provide subsidies to rightful owners and thereby reducing the ghost

beneficiaries. It would also check the leakages and diversion of state resources.

Negative impact-

In democratic and welfare oriented society, government is vested with the authority to take proactive measures

for the benefit of citizens. For every such step government is accountable to citizens as it is elected by them.

However in a vast country like India where large number of people lacks political understanding and maturity,

state or for that matter government tends to move towards imposing welfare measures, sometimes even by

violating their basic rights. Without effective accountability safeguard mechanisms such tendencies can turn

into authoritarianism.

The above mentioned amendments regarding IT act and Aadhar have serious potential to create repercussions

on citizens and governance.


http://www.insightsonindia.com/2017/02/08/4-clamour-security-accountability-transparency-leading-unfettered-increase-power-states-light-recent-amendment-section-132-income-tax-act-sim/




http://indianexpress.com/article/opinion/columns/digitisation-power-of-state-surveillance-transparency-4513022/



In case of amendments to IT act bill argues that power is given to remove ambiguity arising out of judicial

interpretations. But in case like India where tax officials already enjoy arbitrary power this provision would

further increase their discretion. In such case it would honest tax payer who may suffer.

In case of Aadhar there is still no clear transparent consent architecture, no transparent information

architecture (which agency or vendor shares what information with whom), no privacy architecture worth

the name, and increasingly, no assurance about what exactly citizen should do if the state violates with

their identity. In such conditions instead of a means, Aadhaar would become an end; instead of

strengthening safeguards, it would weaken them and the focus of commercial applications would far

outpace the need for citizen delivery.

The fear is that such provisions may convert Aadhaar from a tool of citizen empowerment to a tool of state

surveillance and citizen vulnerability.

The inadequate cyber infrastructure makes database vulnerable to cyber-attacks thereby threatening the

right to privacy. Also exceptions provided in the act for accessing data provides huge window for misuse

data. Rights to liberty and freedom of expression cannot survive if the right to privacy is compromised.

Conclusion-

As state is committed to bringing reforms, it should trample the citizen’s rights in the process. Institutional

mechanisms have to be effective to restrict such government otherwise it will open the door to legalized

authoritarianism.

51. Critically comment on recent developments that have taken place in the relations between

India and Bangladesh. (200 Words)

The Hindu

India and Bangladesh share a common history and heritage and cultural and linguistic ties which create an

invisible bond between the two. Today, India and Bangladesh have common concerns for development and lot

of other important areas which again help to strengthen ties.

THE RECENT DEVELOPMENTS THAT HAVE TAKEN PLACE IN THE RELATIONS BETWEEN INDIA AND

BANGLADESH:

Economic Development:

1. a) Border haats are being opened in Tripura and Meghalaya.

b) More than 6B trade has helped both countries.

c) India is investing in Bangladesh so that it can be politically stable and it can bring prosperity in

Bangladesh. It will help to get the ties better.

d) Both countries have inked MoU for the development of Sylhet city.

2) Land Boundary Agreement Issue:

The exchange of border enclaves thereby settling the disputes in land boundary agreement gave a great boost

to the bilateral relationship between both nations.

Strategic relationship :

With improved cross-border surveillance, joint military exercise with Bangladesh like Mitra Shakti, availing our

roads in Mizoram and Tripura border to Bangladesh army to develop outposts, there is a significant convergence

in our relationship with Bangladesh.

Connectivity :

Provisions for connectivity which includes connecting NE State through Bangladesh to the Mainland, BBIN

corridor, BCIM Corridor, Space diplomacy through letting Bangladesh use NAVIC for navigational purposes

would go great way in frutifying our bilateral relationships.


http://www.insightsonindia.com/2017/02/27/4-critically-comment-recent-developments-taken-place-relations-india-bangladesh/

http://www.insightsonindia.com/2017/02/27/4-critically-comment-recent-developments-taken-place-relations-india-bangladesh/

http://www.thehindu.com/todays-paper/tp-opinion/ways-of-sharing/article17373982.ece



[India’s Chicken Neck: India has had their problems to connect to north east and it has a small corridor known

as Siliguri corridor or Chicken’s neck. But now, the rail and road connectivities are planned.]

5) Standing against Terrorism: Bangladesh and India have stood with each other against terrorism where

Bangladesh raised its voice against Uri and Pathankot attacks.

6) Cultural Development: On 21st Feb, International Mother Language Day, Bengali speakers of both

countries got together, which connect people to people.

Launching of Akashvani Maitree channel for Bengali listeners and its website, an initiative which will provide a

platform for blending content both from India and Bangladesh and preserving Bengali culture.

However, even though the relations have improved due to increase connectivity, trade &

commerce, FOLLOWIG ARE THE OUTSTANDING ISSUES-

1) Migrants from Bangladesh have changed the demography of Assam and West Bengal which is a cause of

concern for India. They have also spread to other states like Meghalaya and Tripura which have very small

indigenous population.

2) Growing support of China towards Bangladesh through BCIM and $ 48 billion deal increases Chinese

influence in subcontinent

3) persecution and killings of Hindus is a bone of contention between both the countries.

4) Water sharing treaties on Ganga and Teesta have not been defined. Key parties include states like Bihar and

West Bengal who use the water.

CONCLUSION –

India and Bangladesh must look for the areas of common cooperation always and that can help both the

countries to get the economic and social benefits for the people and it will also help the political power to be

stable. The political stability of course will help the people so that long terms goal of development can be focused

on.

52. Examine the nature of and recent trends in economic ties between India and the UK. (200

Words)

Livemint

Introduction-

India and UK share strong economic and political bonds which are inevitable for the growth of trade and

commerce between any two nations. It was reflected in the visit of UK’s international trade secretary in August

2016; Liam Fox said the UK and India’s “current trading relationship is strong but, more importantly, there is so

much future potential”.

Current status on Investment and trade between the two nations–

The UK has been the largest G20 investor in India since 2000. UK companies currently employ around

788,000 people across India—one in 20 of the total organized private sector jobs in the country. At the

same time, India is the third-largest investor in the UK. Indian companies invest more in the UK than the

rest of the EU combined. More than 800 Indian companies currently operate in the UK, employing more

than 110,000 people.

The bilateral trade grew by 170% between 2004 and 2014. But India’s overall trade grew by 800% in the

same period. In more recent times, UK-India trade actually fell by around 8% in 2014-15; India’s trade with

Germany, Italy and France fell by even more that year.


http://www.insightsonindia.com/2017/02/28/4-examine-nature-recent-trends-economic-ties-india-uk/

http://www.insightsonindia.com/2017/02/28/4-examine-nature-recent-trends-economic-ties-india-uk/

http://www.livemint.com/Opinion/tYnGlzIRl946XFhREE9CHL/The-prospects-of-UKIndia-economic-ties.html



Examining the nature and recent trends in economic ties between India and UK-

Regular High level ministerial visits- There has been a regular flow of ministerial visits in both directions,

which have strengthened the political bonds and have been creating favorable environment for trade and

commerce.

Optimism about India- The UK industry is enthusiastic about the positive short-term impact of GST

(goods and services tax) and the medium-term impact of demonetization in creating an even more modern,

transparent, and vibrant Indian economy.

Bilateral Investments-India is 3rd largest FDI source into UK, while UK is largest G20 investor in India

and with advent of GST, stable polity and economy, investments would further improve.

Strong economies- Both India and UK are strong economies, thus they are set to benefit each other due

to strong markets for export. At the UK-India Business Council, there has been a sharp increase in the

number of Indian businesses seeking to import from the UK.

Need of comprehensive economic partnership agreement- investors and traders from both the

countries are eager on such partnership as it would boost the trade between both the countries.

How to improve the already strong bilateral investment relationship?

Improving the operating environment in India will make the biggest difference in accelerating FDI (foreign direct

investment). UK businesses identified the four areas that would bring the greatest benefit to the Indian economy:

A reduction of corporate tax rates to the 25%, (which has been announced in 2015 budget and set to

reduce gradually).

A smooth and fair implementation of GST. Businesses expect teething issues, but are confident that it will

significantly simplify the ease of doing business.

A simpler, fairer and more predictable tax regime.

Medium- and long-term clarity in areas of major government expenditure, for example defence, and on

plans for infrastructure development.

4) In your opinion why and how should India and China repair their ties? Critically analyse.

(200 Words)

The Hindu

With many ups and downs over decades, Indo-China relations are characterized with huge bilateral trade,

China’s friendly relations with Pakistan and conflict over line of actual control resulting in huge mistrust.

The Indo-China relationship of the present times, stands at cross roads of competition and cooperation.

Reasons which call for betterment in our relationship:-

1. Strategic ties :

China is considered as too big to ignore due to her economic progress and military expansion. India shares

common border with China and one can change their friends, but not their neighbours. The recent move of

China- OBOR needs to be negotiated with talks between two nations. Better relationship between two countries

will bring peace in the region and they can fight against terrorism ,separatist movements, and underdevelopment

in the region. The border problem, by virtue of its complexity and size, will take its time to resolve.

2. Economic ties :

Trade between two nations is over $70 billion. Hence both nation’s are markets for each other’s economy. China

has huge forex reserve and India needs foreign investment for projects like Make in India. Both nation’s shares

membership to international organizations like NDB,AIIB, BRICS,BCIM etc and hence good relations among

them can bring economic prosperity to both of them in this 21st century which is projected as Asian century.


http://www.insightsonindia.com/2017/02/03/4-opinion-india-china-repair-ties-critically-analyse/

http://www.insightsonindia.com/2017/02/03/4-opinion-india-china-repair-ties-critically-analyse/

http://www.thehindu.com/todays-paper/tp-opinion/A-season-to-repair-relations/article17155684.ece



3. Together on Global platform :

Though China has shown apathy towards India’s demand for NSG membership, stand on Azhar masood, CPEC

in controversial PoK region; these countries had batted together on climate change issue and negotiated CBDR

for developing countries. And improved relations can help India to get membership in NSG, UNSC.

4. Global uncertainties :

In the backdrop of present situation of increasing protectionism among developed nations , it becomes more

relevant to work together by these major beneficiaries of liberalism.

5. Historical and Cultural ties :

Both the nations share histories with old silk route and Buddhism. People are connected through these common

links.

MEASURES TO BE TAKEN –

1. Dialogue : Initiating strategic dialogue process on border issues and OBOR, overall productive

,comprehensive, open and frank dialogue recognizing each other’s interests is necessary.

2. Cultural ties: improving People to people contact, tracing the work of Chinese traveller Huan tsang and

Indian counterpart Kashyap Matenga in relation with Buddhism.

3. Connectivity: BCIM funded by AIIB would be a game changer for economic prosperity. Also the road and

air connectivity should also be improved.

4. Economic integration : TRADE deals negotiated on clear terms of goods, services, cross border

investment, R&D, dispute resolution mechanism would be worth exploring.

5. Panchsheel Principles : Nonetheless, to achieve a fully co-operative relationship, both countries must

demonstrate the political will to re-assess and re-configure the narrative by adhering to Panchsheel

Principles.

CONCLUSION –

Competitive coexistence, with a clear delineation of areas of difference and how to manage them, the promotion

of business and people-centred connectivity, and mutual confidence-building with tension-reduction measures

should be the agenda for both countries.

Maturity of approach, and strategic patience while each country is preoccupied with the demands of internal

and external equilibrium and balancing, offers a constructive way forward.

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

interests,

53. What is Agenda 2063? Discuss its benefits for India and the world. (200 Words)

The Hindu

Agenda 2063-

It is a strategic framework for the socio-economic transformation of the African continent over the next 50 years.

It builds on, and seeks to accelerate the implementation of past and existing continental initiatives for growth

and sustainable development.

The guiding vision for Agenda 2063 is the AU Vision of “An integrated, prosperous and peaceful Africa, driven

by its own citizens and representing a dynamic force in international arena”

Objectives-

To achieve peaceful and secure Africa by enshrining the human rights and democracy.

To integrate continent and drive towards pan-Africanism.


http://www.insightsonindia.com/2017/02/08/3-agenda-2063-discuss-benefits-india-world/

http://www.thehindu.com/todays-paper/tp-opinion/Looking-towards-Africa/article17244232.ece



Development should be people driven by emphasizing more on women and children.

Priorities decided in Agenda 2063

Peace and Stability

Food Security

Economic Integration

Africa’s Human Capacity

Women’s and Youth Empowerment

Resource Mobilization

Effective Communication

Institutional Capacity

What makes Agenda 2063 different from past continental initiatives?

Bottom-up approach: There was extensive consultations of the African Citizenry. This enhances

ownership of both the processes and outcomes of the initiative for having a continental agenda for socio-

economic transformation.

Result Orientation: Goals, targets and strategies have been set in each aspirational area for the national,

regional and continental stakeholders/ levels. The targets will form the basis for holding stakeholders

accountable for performance.

Monitoring and Evaluation / Accountability: There is a monitoring and evaluation component to ensure

that planned activities, outputs, outcomes are on track for attainment- with the midterm reviews providing

the basis for programme re-alignment.

Policy Coherence / Space: For the first time all continental and regional initiatives have been brought

under one umbrella.

Financing/Partnership: A Resource Mobilization Strategy developed has identified key areas of

intervention and their associated funding options.

Communications Strategy: While past frameworks were known only to bureaucrats, Agenda 2063 is to

be driven / owned by the people. A Communications strategy has been developed for implementation.

Capacity: A Capacity Assessment Study is being undertaken to address the capacity needs of continental

and regional institutions; this will later be extended to member states.

Benefits of 2063 to India-

India has apparently assumed the leadership of the third world counties in international platform like WTO,

IMF etc. Thus strong and resilient Africa would give impetus to the leadership role of India.

The emerging economy like India is looking for diversified markets. A prosperous Africa would directly and

indirectly help in India’s bid to build strong economy in sectors like Automobile, Pharmaceutical, IT industry

etc.

Africa is resource rich continent and India is energy starved nation. Thus Africa could contribute in bridging

energy deficit.

Huge Indian Diaspora lives in Africa and also contributing in its development. This diaspora is playing

significant role in creating goodwill for India in Africa and sometimes can even act as pressure group in

making their policies favorable to India.

China is aggressively entering into strategic Indian Ocean. India needs friendly relations with African

nations to maintain its supremacy in this region.

Help of East African nations is must for India to curb piracy in Indian Ocean which would safeguard the

maritime trade of both India and Africa.


https://www.au.int/web/en/auc/priorities/peace-and-stability

https://www.au.int/web/en/auc/priorities/food-security

https://www.au.int/web/en/auc/priorities/economic-integration

https://www.au.int/web/en/auc/priorities/africa%E2%80%99s-human-capacity

https://www.au.int/web/en/auc/priorities/womens-and-youth-empowerment

https://www.au.int/web/en/auc/priorities/resource-mobilization

https://www.au.int/web/en/auc/priorities/effective-communication

https://www.au.int/web/en/auc/priorities/institutional-capacity



The well-nourished democracies in African nation would only strengthen the largest democracy of the

world.

Benefits for the world-

Investment in health and education as decided in Agenda 2063 would create a window of Demographic

dividend in Africa. Thus Africa may prove exporter of human resource for rest of the world.

Africa at present is engulfed with civil wars, terrorism and human rights violations. Agenda 2063 intends to

reduce these evils significantly and to bring peace and stability in Africa. This would help in creating global

peace.

While developed nation’s economies are stagnating, the growing Africa along with counties like India,

China can steady the ship of Global economy.

Increase in Human Development Index and reducing poverty and malnutrition in Africa is most important

for achieving inclusive development on global level.

Investments in African economy would directly and indirectly create jobs for people across the continents.

African continent has produced great leaders like Albert Luthuli, Nelson Mandela, and Kofi Annan. Their

thoughts and wisdom have inspired the generations of youth across the globe. The more awareness and

awakening among people of Africa through initiatives like Agenda 2063 would continue their legacy.

Conclusion-

Agenda 2063 is the great initiative for sustainable and inclusive development of Africa and too undone the

regressive steps taken during colonial past. The moral responsibility lies with the rest of the world to contribute

in Africa’s development.

54. The increasing size and complexity of the diaspora requires the government to expand

capacity and improve procedures. In this regard, examine what government is doing and

what it should do. (200 Words)

The Hindu

Indian diaspora-

The Indian Diaspora is a generic term to describe the people who migrated from territories that are currently

within the borders of the Republic of India. It also refers to their descendants. The Indian Diaspora is currently

estimated to number over twenty million. It is composed of “NRIs” (Indian citizens not residing in India) and

“PIOs” (Persons of Indian Origin who have acquired the citizenship of some other country).

Economic strength of diaspora- It has been estimated that the Indian Diaspora has an annual income

of approximately US $ 300 billion, a figure close to our total national GDP! It is equally significant that

contemporary India, with its resilient democratic institutions and its billion-strong population, has been

emerging rapidly as a modern and dynamic country with the largest reservoir of highly qualified human

resources. A symbiotic relationship between constituents of the Indian Diaspora and India, enabling both

to establish close contacts and appreciate each other’s needs and strengths would doubtless be mutually

beneficial.

Political strength of diaspora- In recent years, there have been many instances of the Diaspora playing

an increasingly important role in mobilizing political support in countries like the United States, Canada

and the United Kingdom, for issues of vital concern to India. Because of their increasing economic strength,

the PIOs have been in a position to play an important role in promoting not only India’s bilateral relations

with the countries of their domicile, but also the economic development of their country of origin. They have

been an extraordinary asset, both to the countries of their adoption and also to India.

Philanthropy of the diaspora- Though separated from India by enormous distances, and often also by

the long passage of time since their migration abroad, the PIOs and NRIs usually have a warm place in

their hearts for their land of origin, which continues to be regarded by many of them as their ‘motherland’.


http://www.insightsonindia.com/2017/02/09/3-increasing-size-complexity-diaspora-requires-government-expand-capacity-improve-procedures-regard-examine-government/



http://www.thehindu.com/todays-paper/tp-opinion/Getting-back-home-safely/article17265529.ece



India’s trials and tribulations, her natural and man-made disasters usually evoke an instant reaction of

sympathy and concern in the Diaspora. This was clearly evidenced in the recent past during the Kargil

crisis, the Gujarat earthquake and the Orissa cyclone. The Diaspora responded immediately with massive

financial and material support to help the victims of those disasters.

What government is doing-?

Organizing and institutionalizing events like Pravasi Bhartiya Divas and Samman awards.

Recently government has merged ministry of oversees Indian affairs with ministry of external affairs for

removing overlapping of functions.

Further the PIO card scheme is no longer in effect and is now merged with the Overseas Citizen of India

(OCI) card scheme for ease of administering diaspora.

Implementing various welfare schemes for Indian diaspora- Indian Community Welfare Fund (ICWF),

Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY), Pravasi Bhartiya Bima Yojana (PBBY)

Know India Programme (KIP), Scholarship Programme For Diaspora Children (SPDC), Scheme for

Legal/Financial Assistance to Indian Women Deserted / Divorced By Their NRI Husbands etc

Extension of lifelong visa to the descendants of the indentured workers taken from the country to East

Africa, Southeast Asia, the Pacific Islands and the Caribbean by colonial powers.

Organizing swift evacuation programmes for Indians stranded in war-torn regions. Eg Operation Rahat.

What government should do-?

India urgently needs to expand its embassy network across the globe particularly in areas like Latin

America, Africa, Micronesia and Melanesia.

The current core strength of officers of Indian Foreign Service is conspicuously short in catering the needs

of huge Indian diaspora. Thus there is immediate necessity of increasing this strength.

India should increase its diplomatic cooperation with countries having huge diaspora subjected to

regressive domestic laws. Eg West Asian nations.

Using technologies to monitor diaspora profile and mobility. e.g.: online registration system for overseas

travelers, utilizing social media.

In case of evacuation India needs to institutionalize best practices vogue in the world so that swift

evacuation becomes a norm rather than exception. Further government should assign a greater role to its

armed forces, in particular by strengthening the Navy and Air Force’s capacity to operate in tandem with

civilian authorities.

To avoid cost inflation and delays, the government must establish a permanent civil reserve air fleet that

pools aircraft from all Indian airlines based on pre-established requisition and reimbursement

procedures.

Conclusion-

The Diaspora is very special to India. Residing in distant lands, its members have succeeded spectacularly in

their chosen professions by dint of their single-minded dedication and hard work. What is more, they have

retained their emotional, cultural and spiritual links with the country of their origin. This strikes a reciprocal chord

in the hearts of people of India. It is to nurture this symbiotic relationship to mutual advantage that the

Government of India is striving to hard taking various steps.

55. Critically comment on the ‘neo-isolationist’ tendency of the new US administration and its

implications for India and the world. (200 Words)

The Hindu


http://www.insightsonindia.com/2017/02/21/4-critically-comment-neo-isolationist-tendency-new-us-administration-implications-india-world/

http://www.insightsonindia.com/2017/02/21/4-critically-comment-neo-isolationist-tendency-new-us-administration-implications-india-world/

http://www.thehindu.com/todays-paper/tp-opinion/a-brave-new-selfhelp-world/article17337270.ece



Isolationism-

It is the foreign policy position that a nations’ interests are best served by keeping the affairs of other countries

at a distance. Reasons for limiting international involvement- to avoid being drawn into dangerous and otherwise

undesirable conflicts, perceived benefit from avoiding international trade agreements or other mutual assistance

pacts.

Neo-isolationism –

This differs from isolationism in that it recognizes the existence of connection between global events and

American security. Hence, it favours a scaling back of overseas commitments and not completes renunciation.

It advocates doctrine of ‘America first’.

INTRODUCTION –

The recent actions of the President of USA do call for the shifting to a neo-isolationist regime. New U.S. Govt.

blames the liberal practices of globalization for economic injustice to workers in the form of unemployment,

poverty, migration crisis and degradation of traditional U.S. values. So, it is advocating protectionism and

isolationism.

The neo-isolationist tendency of the new administration in USA can be highlighted through the following

steps:

Withdrawal of USA from trade-alliances: example-TPP, and re-negotiations for Trans-Atlantic partnership.

Withdrawal from military alliances: The future of NATO looks insecure, as the current President has

demanded a re-structuring of the organization, and the reduction in the burden currently borne by USA.

Retreat of military forces: 2016 estimates tell that U.S. military forces were present in 138 nations, causing

destruction as well as stability. Eg. Japan, S.Korea.

Restrictions on the labour mobility and immigration : stricter rules for visas and immigrations, immigration

bans on muslims from 7 nations .

The ‘Pivot-to-Asia’ doctrine of the previous administration is being undone.

Merits:-

Domestic industry in USA would seek revival to rebuild capability in process increasing employment of the

people.

Reduced spending on military abroad would enhance welfare democracy of USA due to increased social

spending.

Quasi-unipolar to multi-polar world order – reduced American interventions and influence globally will pave

way for new world order.

Demerits:-

Loss of Geo strategic relevance and position. – U.S. being major beneficiary of internationalism, in the

form of geo-political as well as strategic advantages and primacy in international institutions . Eg In Asia ,

due to retreat of military and economic protectionism.

Reduced profit to the heavy contributor to economy, the Arms industry.

Imbalance in the world order : Retreat of U.S. from the role of GLOBAL POLICEMAN and its efforts towards

GLOBAL GOOD SOCIETY and WORLD ORDER, will create power vacuum. However imperfect , global

order is necessary for our collective survival. The sudden transition will create chaos as global platform is

not yet ready.

Instability in the democracies maintained with the help of U.S. assistance.

The implications that it will have on India, and the world, are as follows:

Rising influence of China in Asia, and in the Asia-Pacific region, thus affecting India too. China, at a time

when its pet project is ready to take off -the OBOR, will force India to revisit its decision of not joining the


https://en.wikipedia.org/wiki/Foreign_policy



OBOR.

The growing closeness of China and Russia will again have impact on Indo-Russia relations.

Possible adoption of RCEP, led by Chinese initiatives.

A possible threat faced by Europe from Russia, in the wake of US administration’s indifference towards

NATO.

India might face a dual strategic threat in the face of a possible bolstering of ties between China and

Russia.

Loss in service front due to restriction on H1-B visa in USA.

India can rethink to play reconstruction and financial aid role in states facing USA withdrawal. Eg As it did

with Afghanistan

North Korea might seek to proliferate its nuclear arsenal as Japan and S.Korea will try to strengthen their

strategic positions in the absence of U.S. military presence.

CONCLUSION –

In fact, the current neo-isolationist tendency of USA will create a tremendous power vacuum, and loss of

strategic influence for USA, and even its allies. At the same time, the world as a whole might see itself

sandwiched between a quasi-uni-polar, and a multi-polar world order.

56. What H1B visa reforms mean for Indian IT companies? Examine. (200 Words)

Livemint

What is H1B visa?

The H-1B is a non-immigrant visa in the United States It allows U.S. employers/firms to temporarily employ

foreign workers in specialty occupations.

Why there have been changes into H1b visa?

Changes are introduced with the intention to crack down on visa abuse and ensure jobs remain available

for the “best and brightest talent” from around the world.

Curbing abuse of the H1-B system will protect American jobs and help ensure that visas are available for

innovators who need them to maintain a competitive workforce.

What are the major changes?

The Bill, among other things, increases the minimum salary of H-1B visa to $100,000 per annum.

Proposed US immigration reforms seeks to make a Master’s degree mandatory for H1B visa holders.

Impact on Indian IT Companies?

Financial: –

Indian companies will have to pay high salaries to employees holding H1B visa, thus eroding their profits.

This may erode operating margins of the companies by as much as 3 percentage points.

They might explore new markets where such visa restrictions are absent like Asia, Latin America etc

Administrative:-

Indian companies may have to recruit more local Americans to fill vacancies caused by visa restrictions.

The companies may have to shift work offshore or other near-shore centres or even subcontracting to US

firms.

Technological:-

Increased adoption of automation or technology like telepresence to bring down operating costs.

Indian IT companies may foray into more sophisticated products to remain profitable, instead of restricting

themselves to outsourcing.


http://www.insightsonindia.com/2017/02/01/3-h1b-visa-reforms-mean-indian-companies-examine/

http://www.livemint.com/Industry/TuehxE1ZpalYexm5jKJCvO/What-H1B-visa-reforms-mean-for-Indian-IT-companies.html



Conclusion-

Job openings related to the high technology sector cannot be filled by Americans alone and therefore to bridge

this skill gap, the US administration has been taking a calibrated approach to bring in the required talent from

abroad through H1B visa route.

57. Critically comment on post-Brexit and post – Trump victory relations between the USA and

the UK. Also examine impact of their relationship on India. (200 Words)

The Hindu

Year 2016 will be seen as a memento of Protectionism and nativism with two events, one being Brexit, and the

other being the election of Donald Trump as the President of USA. On the eve of world politics now taking

unexpected turns, the relationship between USA and UK does need a detailed assessment.

U.S and U.K. bilateral relations –

TRUMP’S SUPPORT FOR BREXIT –

Being supporter of Isolationism and protectionism, Trump is in support of Brexit. He even criticised EU –

bureaucracy and strict regulations for hampering business-climate.

Both the nations are now being believed to share the same opinion about globalization. Hence, post-Brexit U.K.

also welcomed new regime in U.S.

BILATERAL TRADE –

UK being the biggest foreign investor in the U.S., does more than twice as much trade with America than with

Germany, its next biggest partner, and prides itself at being good at talking to the Americans.

As U.S. is demanding more relaxed terms for the trade-deal, there can be problems for Europe’s manufacturing

industry should it have to cater to weaker requirements from the U.S. while at the same time attempting to trade

with the EU, with its strict regulations governing the quality of imports.

U.S. demands that the U.K. National Health Service be opened up to American companies, and that Britain

relax food safety standards. In both cases compliance by U.K. seems difficult.

As U.K. is in urgency to crack some trade deals immediately after Brexit, on individual basis, and importance of

deal with U.S. confers more bargaining powers to U.S.

STRATEGIC CONCERNS –

On the foreign policy front, Trump has said a number of things which worry allies, including the U.K. These

include suggested deals with President Putin on Ukraine and Syria, tearing up the nuclear deal with Iran

(negotiated not just by the U.S. but also by Russia, China, Britain, France, Germany and the E.U.), giving up on

a two-state solution to the Israel-Palestine problem, providing nuclear weapons to Japan and South Korea,

keeping Muslims out of the U.S.

Viewing NATO as ‘obsolete’, admiring Putin, untroubled by nuclear proliferation, Trump’s isolationist nationalism

would likely plunge the US and global economies into turmoil, when the UK at minimum requires stability and

growth.

UK is apprehensive of improving US- Russia relations .

Impact on India :-

1. India in its trade deal with UK is trying to demand flexibility in immigration policy for its students and workers

hence any significant deal with US can affect the bargaining power of India.

2. It can further affect India as both US and UK share same views regarding globalisation and protectionism

and in light of recent H1b visa policy, etc. it might turn to India’s disadvantage.

On the whole, the relationship can be considered to have entered a tricky phase, where careful, and pragmatic

moves from both the sides will ensure balanced outcomes in the long run.


http://www.insightsonindia.com/2017/02/03/3-critically-comment-post-brexit-post-trump-victory-relations-usa-uk-also-examine-impact-relationship-india/

http://www.insightsonindia.com/2017/02/03/3-critically-comment-post-brexit-post-trump-victory-relations-usa-uk-also-examine-impact-relationship-india/

http://www.thehindu.com/todays-paper/tp-opinion/First-among-allies/article17155698.ece



58. How does America’s recent H1-B visa policy affect both Indian and American economy?

Critically examine. (200 Words)

The Hindu

Livemint

The H-1B non-immigrant visa programme in the U.S. is for skilled workers in tech jobs. Indian IT firms have

been among the top recipients of the 65,000 such visas made available annually via a lottery system, in some

years garnering well in excess of 80% of them.

While America’s proposed immigration reforms could be very challenging in the short term for India’s information

technology (IT) services companies, they could also be the catalyst for the transformation they must make to

survive.

AMERICA’S GROWING PROTECTIONISM, SIGNIFICANTLY- THE H1-B VISA REFORM’S EFFECTS ON

INDIAN AND AMERICAN ECONOMIES:

NEGATIVES:

1. India’s IT Sector- among the top receivers of H1-B visas would be significantly hit as they may lose their

competitive advantage of labour cost. More pressure on Indian job market.

2. Business of American technology giants like Microsoft, Google, Facebook may suffer as they would find it

difficult to source talent from India AND to fill the gap of mid-level jobs with American workers.

3. Increased production cost for Americans thus fuel inflation. 4. Indian IT firms would prefer to entirely

offshore their operations to India, which might result in job and investment losses for America, and business

losses for the firms.

4. Bilateral relations may get unamiable which may further hamper bilateral trade, businesses, investment,

knowledge sharing etc.

POSITIVES:

1. Firms in America would look for American talent, thus, boosting job creation in their economy.

2. If Indian firms can reorient their competitiveness to technological innovation, better services, new avenues

of growth, using efficient managerial and entrepreneurial skills, it may instead enhance their status and

business at global level.

3. So-called “brain drain” from India may decline. This will lead to increase in activity in India due to less

absorption into US and with proper infrastructure, provisions,& incentives it will work in India’s favor.

WAY FORWARD –

India’s phenomenally successful IT services companies need to shift their business model away from labour

cost as the fundamental source of competitive advantage.

Commoditization, technology shifts, automation and now growing protectionism and fears about jobs in all

countries are working to undermine their global delivery model.

They need to abandon cost arbitrage and shift from “renting out IQ to creating IP”. They understand that they

must look at new services for growth, focus more on innovation and automation, localize work forces and

leadership teams and gradually turn their units in the US, UK and Europe into hubs in a global network.

If IT services companies seize this window of opportunity to transform, they will be perceived not as “Indian” or

“body shops,” but as global technology giants that don’t need visas to succeed.


http://www.insightsonindia.com/2017/02/03/5-americas-recent-h1-b-visa-policy-affect-indian-american-economy-critically-examine/

http://www.insightsonindia.com/2017/02/03/5-americas-recent-h1-b-visa-policy-affect-indian-american-economy-critically-examine/

http://www.thehindu.com/todays-paper/tp-opinion/H-1B-visa-in-the-spotlight/article17155680.ece

http://www.livemint.com/Opinion/xzhBb6u0fxtzF5ksy65IDJ/The-silver-lining-in-immigration-reform.html



Topic: Important International institutions, agencies and fora- their structure, mandate.

59. Neither sanctions nor warnings issued by other powers have had any impact on North

Korea’s bellicose behaviour which again recently launched a medium-range ballistic

missile. In your opinion, how should the US, the UN and other powers respond and restrain

North Korea? Critically comment. (200 Words)

The Hindu

INTRODUCTION –

Despite sanctions and warnings from the UN and other nations, North Korea has continued to engage in creation

of nuclear weapons. Constant provocations by North Korea towards other nations especially the US by

conducting nuclear tests has made dealing with it all the more difficult.

1) Possible measures taken by UN, US and other nations –Diplomatic engagement– open channels for

North Korea to engage in diplomatic discussions, provide it’s leader a platform resolving it’s internal problems.

China’s leverage over Pyongyang can be used here; resumption of ‘six-party talks’.

2) Nuclear deals– present lucrative nuclear deals to encourage export of nuclear resources owing to it’s

plentiful uranium and plutonium reserves. Mandate disclosure of all nuclear facilities.

3) Efforts that should be taken by the UN:

The UNSC has adopted 21 resolutions concerning North Korea out of which 15 resolutions have been adopted

in relation to the North Korean missile and nuclear program. Still it needs to take further steps –

Parallel Negotiations: Parallel negotiations is probably the best approach that UN can consider in its

attempt to denuclearize North Korea.

Prevention in further sanctions: UN should stop frequent sanctions as it further isolates N. Korea which

could be reason for these launches.

The UN should try to aware North Korea of its humanitarian needs towards its citizens. It should help

N.Korea to enhance its economy and maximize its trade to gain its trust.

UNDP specialized package for North Korea- Creation of a customized developmental plan by UN for North

Korea to address it’s problems of food security, poverty, economic problems etc.

4) Counter-effect of sanctions needs to be taken into account; maybe the endless sanctions and isolation

faced by North Korea is one of the reasons for such repeated provocation.

5) Trade agreements- incentivise trade agreements with neighboring countries to reduce it’s negative balance

of trade, opening up it’s economy, increased people-to-people contacts, cultural contacts ,etc.

Understanding apprehensions of North Korea- The joint military exercises of U.S. and South Korea

called ‘key resolve’, deployment of nuclear capable bombers in the drills by U.S. These apprehensions

should be utilized as leverage for the negotiations by creating right atmosphere.

Cons of such measures –

There is a high possibility of rejection of such measures by North Korea owing to it’s political and

socioeconomic conditions.

Non-disclosure of nuclear facilities is a possibility that can prove dangerous for other nations engaging with

it.

CONCLUSION-

The criticality and sensitivity of the issue stems from the involvement of nuclear weapons. War thus remains out

of question. When punishment fails to yield the desired results, it is only soft powered measures that can be

used to tackle North Korea.

***********


http://www.insightsonindia.com/2017/02/14/3-neither-sanctions-warnings-issued-powers-impact-north-koreas-bellicose-behaviour-recently-launched-medium-range-ballistic-missile-opinio/




http://www.thehindu.com/todays-paper/tp-opinion/North-Korea-lobs-a-missile-challenge/article17299176.ece

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