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Approach Answer: General Studies Mains Mock Test 848 (2017)

Answer all the questions in NOT MORE THAN 200 WORDS each. Content of the answers is more important than
its length. All questions carry equal marks. 12.5X20=250
1. Parliamentary control over executive in India exists more in theory than in practice. Discuss.
Approach:
Introduce with a brief discussion about parliamentary system.
Then discuss how parliament exercises control over executive in theory.
Thereafter discuss various factors which weaken this control in practice.
Conclude by suggesting ways to strengthening parliamentary control.

Answer:
In a parliamentary democracy like India, although the three branches of the State i.e. Legislative,
Judiciary and Executive are theoretically separate, in practice the executive is a part of legislature. And
since the executive is always in a majority, the control exercised over it by the legislature seems only
weak.
Parliamentary Control

The Constitution of India established a parliamentary form of government in which the Executive is
held responsible to the Parliament for its acts.
Parliament exercises control over Executive through debates and discussions on the floor. It has
instruments like short duration discussions during question and zero-hours, calling attention motion,
adjournment motion, no-confidence motion, censure motion, etc.
It also supervises the activities of the Executive with the help of its committees like committee on
government assurance, committee on subordinate legislation, committee on petitions, etc.
The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in
particular. As a part of collective responsibility, there is individual responsibility, that is, each minister
is individually responsible for the efficient administration of the ministry under his charge. They
continue in office so long as they enjoy the confidence of the majority members in the Lok Sabha.
Ineffectiveness of Parliamentary control
But in reality, the control is not as effective as it ought to be. The following factors are responsible for
this:

The Parliament has neither time nor expertise to control the administration which has grown in
volume as well as complexity.
Parliaments financial control is hindered by the technical nature of the demands for grants, which
require economic expertise. Also, most demands are guillotined.
The financial committees like Public Accounts Committee do only post-facto audits, i.e. they examine
the expenditure after it has already been incurred.
The growth of delegated legislation has reduced the role of Parliament in making detailed laws and
has increased the powers of bureaucracy.

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 The frequent promulgation of ordinances by the president dilutes the Parliaments power of
legislation.

Lack of strong and steady opposition in the Parliament, and a setback in the parliamentary behaviour
and ethics, have also contributed to the ineffectiveness of legislative control over administration in
India.

Way Forward

For healthy functioning of Indian political system, it is necessary that Parliament has an effective
oversight over the executive. Steps like building a better image of parliament, improving the quality of
members, strengthening the committee system etc will help in increasing effectiveness of parliamentary
control over executive.

2. Compare and contrast pressure groups with political parties. Describe the different techniques through
which pressure groups influence policies in India.

Approach:

Firstly, define pressure groups.

Then elaborate upon their differences from political parties.
Lastly discuss various techniques that they use like electioneering, lobbying etc.
Conclude by commenting on their role in a democracy.

Answer:

A pressure group is a group of people who are organised actively for promoting and defending their
common interest. They try to influence public opinion as well as government policies. It is not necessary
that they will exert any pressure (such as through protests) to influence the decision. They may resort to
mass communications, advocating, lobbying, etc. to achieve their aims.

Pressure Groups and Political Parties

Pressure groups Political Parties

Pressure groups do not seek direct power; they
only influence those who are in power for
moulding decisions in their favour.
Pressure groups do not contest elections; they
may support political parties of their choice.
Pressure groups do not necessarily have political
ideologies. They may seek to influence economic
or cultural policy based on their needs.
Pressure groups are not based on personality of
an individual.
The interests of the pressure groups are usually
specific and particular. Their activities are
confined to the protection and promotion of
those interests only.
Their membership is limited
Political parties operate and seek political power to
translate its policies into practice.
Political parties nominate candidates, contest
elections, and participate in election campaigns.
Ideology for political parties is very important as
they organize people around them based on
ideology.
Apart from ideology, personality cult of individual
leaders is important.
The political parties have policies and programmes
with national and international ramifications.
The membership is very broad based.

Pressure groups resort to agitation a politics like Political parties use Constitutional means to
marches, demonstrations, strikes, fasts etc. achieve their aims.

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 Techniques used by Pressure Groups
The pressure groups influence the Electioneering: Try to place in public office persons
policy-making and policy- who are favourably disposed towards the interests they
implementation in the government seek to promote.
through legal and legitimate methods Lobbying: Try to persuade public officers, whether they
like lobbying, correspondence, are initially favourably disposed toward them or not, to
publicity, propagandising, petitioning, adopt and enforce the policies that they think will
public debating, maintaining contacts prove most beneficial to their interests.
with their legislators and so forth. Propagandizing: To influence public opinion and
However, sometimes they resort to thereby gain an indirect influence over government,
illegitimate and illegal methods like since the government in a democracy is substantially
strikes, violent activities and affected by public opinion.
corruption/bribing which damages
public interest and administrative integrity.

Pressure Groups can enhance as well as distort the political system. Because of the complexities of
modern government, and the pluralistic nature of Indian society, pressure groups provide a means by
which ordinary citizens can participate in the decision making process, as well as maintaining a check on
government activity. Similarly, governments can be better informed of the electorates sensitivities to
policies, because of the pressures articulated by these groups.

3. What are the constitutional provisions that ensure and safeguard the independence and impartiality
of the Election Commission? In this context also identify the flaws that need to be addressed to further
strengthen the institution.

Approach:

Introduce by highlighting the importance of independence and impartiality of the Election

Commission.
Then, describe the constitutional provisions for independence and impartiality of the Election
Commission.
Detail the flaws that need to be addressed.
Conclude by suggesting some improvements.

Answer:

For democracy to be meaningful and just, it is important that the election system is impartial and
transparent. Several efforts have been made in India to ensure the free and fair election system and
process. The most important among these is the creation of an independent Election Commission to
supervise and conduct elections.

Constitutional Provisions

Article 324 of the Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of the Election Commission:

The chief election commissioner is provided with the security of tenure. He cannot be removed from
his office except in same manner and on the same grounds as a judge of the Supreme Court. Thus,
he does not hold his office till the pleasure of the President, though he is appointed by him.
The service conditions of the chief election commissioner cannot be varied to his disadvantage after
his appointment.
Any other election commissioner or a regional commissioner cannot be removed from office except
on the recommendation of the CEC. This provision is meant as a shield to protect other ECs.

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 Flaws
Though the constitution has sought to safeguard and ensure the independence and impartiality of the
Election Commission, some flaws can be noted, viz,

Constitutional protection to only 1 member. The ECs can be removed by the government on
recommendation of the CEC.
ECs budget is not charged on the Consolidated Fund of India.

The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial)
of the members of the Election Commission.
The Constitution has not specified the term of the members of the Election Commission.

No bar on retiring election commissioners from any further appointment by the government.
They are appointed by the President of India on the advice of the Council of Ministers. It is therefore
possible for a ruling party to appoint a partisan person to the Commission who might favour them in
the elections.
Broad based consultation in appointment of ECs through transparent mechanism should be instituted.
Election Commission should be given financial independence from the law ministry. Also, its residual
powers to take action in case there is no legislation should be made explicit.

4. CAG is instrumental in securing accountability of the executive to the Parliament in the sphere of
financial administration. Elaborate. Enumerate the provisions made in the Constitution to ensure the
independence of the CAG.
Approach:
Introduce by highlighting how executive is accountable to the Parliament in a parliamentary
democracy.
Then discuss how parliament enforces financial accountability upon executive with the help of PAC
and the role of CAG in it.
Conclude by enumerating the constitutional provisions for ensuring independence of the CAG.
Answer:
In a parliamentary democracy, executive is a part of legislature and responsible to it for its actions.
Financial accountability is an important aspect of this responsibility. For ensuring this, the Constitution of
India (Article 148) provides for an independent office of the Comptroller and Auditor General of India
(CAG).
CAG is the guardian of the public purse and audits the entire financial system of the Central as well as
State governments. Its duty is to uphold the Constitution of India and laws of Parliament in the field of
financial administration.
Financial Accountability and CAG
Public Accounts Committee is one of the most important standing committee of the parliament. The
function of the committee is to examine the annual audit reports of the Comptroller and Auditor
General of India (CAG), which are laid before the Parliament by the President.

The CAG submits three audit reports to the President, namely, audit report on appropriation
accounts, audit report on finance accounts and audit report on public undertakings.
The Public Accounts Committee examines public expenditure not only from legal and formal point of
view to discover technical irregularities but also from the point of view of economy, prudence,

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 wisdom and propriety to bring out the cases of waste, loss, corruption, extravagance, inefficiency
and nugatory expenses.
In the fulfillment of its functions, the committee is assisted by the CAG. In fact, the CAG acts as a
guide, friend and philosopher of the committee.

The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field of
financial administration.
The accountability of the executive (i.e., council of ministers) to the Parliament in the sphere of
financial administration is secured through audit reports of the CAG.
Independence
The Constitution has made the following provisions to safeguard and ensure the independence of CAG:

Security of tenure: can be removed by the President only in accordance with the procedure
mentioned in the Constitution. Thus, he does not hold his office till the pleasure of the President,
though he is appointed by him.
He is not eligible for further office, either under the Government of India or of any state, after he
ceases to hold his office.
His salary and other service conditions are determined by the Parliament. His salary is equal to that
of a judge of the Supreme Court.
Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be
altered to his disadvantage after his appointment.
The conditions of service of persons serving in the Indian Audit and Accounts Department and the
administrative powers of the CAG are prescribed by the president after consultation with the CAG.
The administrative expenses of the office of the CAG, including all salaries, allowances and pensions
of persons serving in that office are charged upon the Consolidated Fund of India. Thus, they are not
subject to the vote of Parliament.

5. Though judicial activism has made the judiciary more people friendly, there is also a negative side to
the idea of a pro-active judiciary in the form of judicial overreach. Discuss with examples.
Approach:
Explain judicial activism in brief.
Discuss how a pro-active judiciary can also lead to judicial overreach.
Answer:
Judicial activism is an approach to the exercise of judicial review in which judiciary is generally more
willing to decide on constitutional issues and to invalidate or subordinate the legislative or executive
actions.
Judicial review has evolved through article 32 of Indian constitution which ensures the fundamental
rights of people. Since fundamental rights have been evolved to include almost all aspect of life of
people, judiciary has also taken keen interest to safeguard same. It has been very helpful for judiciary to
increase its overreach and positive influence on people.
But there are some instances when it has been found that the same judicial review process of judiciary is
overlapping with the areas of governance of legislatures and executives. It is where negative side of
judicial review comes in the form of judicial overreach. Some examples could be discussed as below:

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 The issue of judicial appointments: The NJAC provided a say of executive in the appointments of
judges, but has been declared void by judiciary. It impacts the accountability and also the overall
functioning of the judiciary.
Decisions of governance and administration, which no doubt beneficial for the public, are entirely in
the domain of executive, such as: control over automobile emissions, air and noise and traffic
pollution, orders for parking charges, wearing of helmets in cities, cleanliness in housing colonies,
disposal of garbage, control of traffic in New Delhi, compulsory wearing of seat belts, banning of fire
crackers, etc.
The Supreme Court has directed the most complex engineering of interlinking rivers in India.
The Court has ordered the exclusion of tourists in the core area of tiger reserves.
The Court is made the monitor of the conduct of investigating and prosecution agencies who are
perceived to have failed or neglected to investigate and prosecute ministers and officials of
government. For e.g. investigation in cases such as Hawala, fodder scam, Taj corridor case, 2G
spectrum case, etc.
Even though protection of FRs u/a 32 is the premise for such activism, in reality, the Court is only
moved for better governance and administration, which does not involve the exercise of any proper
judicial function.
These examples indicate that judiciary is overreaching the domains of legislatures and especially to the
domain of executives. The negative side of this overreach is that it endangers democratic establishment
of the country as well as may destabilize the governing machinery of the country.
But it has to be also seen that judiciary is extending its limits only when it sees or people approach it to
interfere with the process since the other two organs of legislatives and executives may not working
effectively, due to political reasons.

6. What are the provisions under the Tenth Schedule of the Indian Constitution? Does it unduly curb the
right of legislators to dissent?
Approach:
Introduce with brief description of the Tenth Schedule of the constitution followed by list of its
provisions.
Explain why it has been argued that it curbs the right of legislators to dissent and what are the limits
of such argument. The observation of Supreme Court in this regard would be appropriate.
Conclude by balancing suggesting how the provisions can be used to enable smooth functioning of
legislatures in the democratic setup.

Answer:
Tenth Schedule of the Constitution was introduced by the 52nd Amendment which laid down the process
by which legislators may be disqualified on grounds of defection. By the 91st Amendment Act, 2003 it
was again amended. The main provisions under tenth schedule are:

A member of a house, belonging to a political party, becomes disqualified if he voluntarily gives up

the membership of his party or does not obey the party directions.
An independent candidate of the house becomes disqualified if he joins a political party after the
election.

A nominated member becomes disqualified if he joins a party after six months

A person shall not be disqualified if he joins new political party or function as a separate group as a
result of merging of 2/3rd members of his original political party with another.
Deciding authority regarding disqualification of a member is the Chairman or the Speaker of the
House.
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 If a complaint is received with respect to the defection of the Chairman or Speaker, a member of the
House elected by that House shall take the decision.

As soon as the law was passed, there were allegations that it impinges on the right to free speech of
legislatures as

It does not differentiate between dissent and defection

It controls the views and votes of the member in every issue

However, Supreme Court in famous Kihoto Hollohon vs Zachillhu and Others (1992), decided that the
law does not violate any rights of free speech or basic structure of the parliamentary democracy. But it
also highlighted that parties should issue directions only in those

votes which are crucial to the existence of the government

matters which are integral to the electoral program of the party,

Thus, the need of the hour is to evolve parliamentary conventions where Political parties should limit
issuance of whips to certain instances only so as not to unduly impinge on the freedom of speech of
the members.

7. Parliamentary committees perform an important function of maintaining continuous accountability of

the Executive. Explain. What are the factors that limit the functioning of these committees?

Approach:

Introduce by highlighting the significance of parliamentary committees.

Mention few important committees and explain how they maintain continuous accountability of the
executive.
Elaborate the limitations of the functioning of these committees.

Answer:

Parliament appoints certain committees to exercise control on the activities of the executive as part of its
functions. There are two kinds of committees in the Indian Parliament: standing and ad hoc. Ad hoc
committees are usually appointed for a specific purpose and can be either select or joint. The standing
committees- such as public account committees, estimate committee, committee on public undertakings
- on the other hand are more permanent in nature,. In order to improve parliamentary oversight of the
executive, a second type of standing committee known as the departmentally related standing
committee (DRSC) was created in 1993.

They maintain continuous accountability as

They provide an in-depth study of the issues under consideration in parliament which MPs may not
do due to insufficient time at their disposal during sessions. For example detailed scrutiny of
demand of grants.
They do unbiased scrutiny as it is devoid of any party bias which generally is a major hindrance in the
working of parliament
The Parliament passes budget once, it is these committees which facilitate control regarding
economy and efficiency in public expenditure during the year like public accounts committee.

Although, the committees play an important role in legislative purposes and reduce the burden of
Parliament, yet there are certain limitations in the functioning of these committees:

They should not consider matters of day-to-day administration

There are sometimes overlapping functions being performed by two different committees
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 Their recommendations are advisory in nature and not binding on the parliament
Their investigation or scrutiny is, most of the times, postmortem, as they unearth the irregularities
years after they have occurred.
Despite limitations, the parliamentary committees do provide an ongoing disciplinary oversight of
government

8. The position of Rajya Sabha is neither as weak as the British House of Lords nor as strong as the United
States Senate. Examine.
Approach:

Introduce by briefly mentioning the functions and powers of Rajya Sabha.

With examples substantiate how Rajyasabha is neither as weak as the British House of Lords nor as
strong as the US Senate.
Answer:
The Council of States or Rajya Sabha is a permanent House and it is not subject to dissolution. After
every two years, one-third of its members retire and its same numbers of seats are filled up by new
members.
The position of Rajya Sabha in our constitutional system, l can be located in between the upper houses
of US and Britain, in terms of power and authority .

It is not as weak as House of lords in Britain because:

Rajya Sabha has equal powers with respect to ordinary and constitutional amendment bills while
House of lords is just a delaying chamber as it can only delay an ordinary bill for a maximum period
of one year and money bill for a maximum period of one month.
Rajya Sabha also have some special powers
o It can authorise the Parliament to make a law on a subject enumerated in the State List (Article
249).
o It can authorise the Parliament to create new All-India Services common to both the Centre and
states (Article 312).
However, our Rajya Sabha is also not as strong as Senate in USA because:

Senate enjoys equal power with the House of Representative in the context of an Ordinary Bill, a
Constitutional Bill and even in passage of a Money Bill while Rajya Sabha has equal powers with
respect to ordinary and constitutional amendment bills but it plays the role of delaying chamber in
case of money bills.
The Senate also enjoys some special powers which are available only to it
o Ratification of international treaties
o Ratification of higher appointments.
Thus it can be argued that the Rajyasabha indeed enjoys a unique position among the upper chambers
across the world.

9. Fundamental Duties, though significant, have certain limitations. Examine.

Approach:
The first part of the answer, after briefly introducing fundamental duties, should focus on its
importance.
The second part should contain the primary drawbacks which hinder its unanimous acceptance.
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Answer:
The fundamental duties were enshrined in the constitution via the 42nd amendment (1976). They aim at
presenting a set of obligations for every citizen of India.
Its continuance since decades speaks of its relevance. Its serves as a reminder to the citizens that while
enjoying their rights, they must be aware of their duties.
The fundamental duties have underpinned various legislative developments.
The judiciary has also several times, found consolations in the projections of the FDs.
Additionally the way of natural justice is propagated amongst the citizens.
The anti-national &anti-social activities are restrained under the umbrella of fundamental duties.
However, there are certain inhibitions which affect its universal acceptability. They are

Primarily non justiciable, flouting of the fundamental duties doesnt draw legal action.
The exact nature of the fundamental duties seems to be lost amongst the vague descriptions, hence
its impact is narrow
As not many initiatives are available for creating awareness regarding its importance, conscious
realisation of fundamental duties is absent amongst the citizens.
Being part of the appendage to part IV of the constitution, diminishes the merit of the FDs as it lacks
the importance ordained upon the FRs.
Inspite of the restrictions which mellow down the true essence of FDs, a developing nation like India
requires a consolidated effort to balance the rights and duties of a citizen.

10. Compare and contrast First Past the Post system with the system of Proportional Representation. Is
India now ready to shift from First Past the Post to Proportional Representation?
Approach:
Provide salient features of first past post system and proportional representation as well as
rationale/benefits of proportional representation and FPTP to compare and contrast.
Lay down the arguments that are relevant in the context of India and the question of readiness to
switch from FPTP to PR and conclude with a definite stand.
Answer:
The Indian constitution prescribed the method of First past the post(FPTP) for elections in India. This
method is different from the proportional representation (PR) method. The significant differences are:

FPTP PR
The country is divided into small geographical Large geographical areas are demarcated as
units called constituencies constituencies. The entire country may be a
or districts single constituency
Every constituency elects one representative More than one representative may be elected
from one constituency
Voter votes for a candidate Voter votes for the party
A party may get more seats than votes in the Every party gets seats in the legislature in
legislature proportion to the percentage of votes that it
gets
Candidate who wins the election may not get Candidate who wins the elections gets
majority (50%+1) votes majority of votes.
Examples: U.K., India Examples: Israel, Netherlands

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 Indian democracy may not yet be ready to replace the FPTP with PR. This is because the proportional
representation is more suitable for the political parties than the social groups. But India is such a vast
country with different ethnic and social groups, PR system would encourage each community to form its
own nation wide party. Further PR based elections may not be suitable for:

Giving stable governments in the parliamentary system and a country like India can ill afford high
frequency of elections

It is more complex, and there is no one representative who represents and is responsible for the
locality as voters votes for the party rather than representative.

Also implementing PR system in a such a vast country would be costly and chaotic.

PR system seats would divide based on votes proportion, hence may not produce a clear majority in
the legislature to form government.

The FPTP system has proved to be simple and familiar to ordinary voters. It has helped larger parties to
win clear majorities at the centre and the State level. The system has also discouraged political parties
that get all their votes only from one caste or community. However, In such a social system such as India ,
the FPTP electoral system can mean that the dominant social groups and castes can win everywhere and
the oppressed social groups may continue to remain unrepresented.

11. Elaborate the process of legislation in the Indian Parliament for an ordinary bill. How is a money bill
different from an ordinary bill?
Approach:

Explain the process of passage of an ordinary bill.

Then discuss the difference between money bill and ordinary bill.
Answer:
The primary function of legislatures is to make laws for its people. In Indian Parliament, a definite
procedure is followed in the process of making law. For Ordinary bill, the process of legislation involves
the following five stages:
1. First Reading: The ordinary bill can be introduced in either house by a minister/other member. Upon
grant of leave by house, the member reads the title and objectives, but no discussion happens on this bill
at this stage. Following this, bill is published in gazette.
2. Second Reading: At this stage, the detailed scrutiny of bill happens and the bill takes the full shape. It
has 3 sub stages:
Stage of general discussion
Committee stage
Consideration stage
Clause by clause scrutiny of the bill is carried out, clauses voted upon and amendments moved.

3. Third Reading: No amendments are allowed anymore and either bill is completely accepted or
rejected. If majority accepts, it is passed and transmitted to second house.

4. In Second house: Bill goes through all 3 stages and may be:

passed
passed with amendments
rejected

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 no action up to 6 months

5. Provision of joint sitting: In case of deadlock between the house over passing of bill emerges, the
President can summon a joint sitting of Lok Sabha and Rajya Sabha. The members of both houses vote
jointly and the bill passes by simple majority.

6. Assent of President: After the bill is passed from both the houses, it is presented to the office of
President for assent. The President can exercise any of the following options:
Assent
Withhold assent
Return bill for reconsideration

If assent is given, it becomes an act and is placed on statute book.

Differences b/w ordinary and money bill:

Ordinary Bill Money Bill

1. Can be introduced in either Lok Sabha or Can only be introduced in Lok Sabha
Rajya Sabha
2. Can be introduced by either minister or Introduction only by minister
member
3. Can be introduced w/o Presidents Can be introduced only with Presidents
recommendation recommendation
4. Can be amended/rejected by RS Rajya Sabha can only return the bill
5. RS can only detain bill for 6 months RS can detain bill for max 14 days
6. Does not require certification of speaker Requires Speakers certification
when transmitted to RS
7. Sent for Presidents assent if passed by both Can be sent for presidents assent even if
houses. In case of deadlock, joint sitting can approved only by LS. No provision for joint
be summoned sitting
8. Its defeat in LS may lead to resignation of Defeat in LS leads to resignation of govt.
government
9. Can be rejected, approved or returned for Can be rejected or approved but cannot be
reconsideration by President returned by President

12. Highlight the features of Inter-State Council as defined under Article 263 of the Constitution. Is there a
need to establish a permanent Inter-State Council? Discuss with reference to the recommendations of
Sarkaria Commission.
Approach:
Firstly, describe the features of Inter-State Council (ISC) as defined in the Constitution.
Assess whether permanent ISC is required.
While discussing on the need for a permanent ISC, discuss the relevant suggestions by Sarkaria
Commission.
Answer:
Article 263 of Constitution contemplates the establishment of an Inter-State Council to effect
coordination between Centre and states, and between states.

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 President can establish ISC when it appears to him that public interest would be served.
The Council's nature of duties, organisation and procedure are determined by the President.
Article 263 specifies the following duties for the Council:
o Enquiring into and advising upon inter-state disputes.
o Investigating subjects which are of common interest to the Centre and the states.
o Making recommendations upon any such subject for better policy coordination.
The Council can deal with any controversy, legal or non-legal.
Its powers in legal controversy are complementary to the Supreme Court's jurisdiction under Article
131 to decide a legal controversy between the governments.
Under Article 263, President has established Central Council of Health, Regional Council for Sales Tax etc.

Need for permanent ISC

Article 263 makes it clear that the Inter-State Council is not a permanent constitutional body for
coordination between the States of the Union. However, Sarkaria Commission on Centre-State Relations
made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the
Constitution.

The permanent body with appropriate secretariat and a dedicated staff can function in effective
manner

It will provide standing machinery for effecting consultations between the centre and the states.

It could provide full attention to the various problems of national concern involving interests of
centre and states

A permanent body having continuous consultation and processing of all matters can provide effective
and long term solutions for the coordination of policy and action

The institution could provide forum to discuss all the issues of national importance in which states
are also interested

The permanent council can play an integral role in realising the cooperative federalism in the governing
structure of India.

13. Distinguish between the expressions Union of India and Territory of India? What is the
Parliamentary procedure with respect to reorganisation of states in India?

Approach:

Distinguish between the terms Union and Territory of India.

Discuss the procedure for reorganisation of states.

Answer:

The Territory of India can be classified into three categories:

Territories of the states

Union territories
Territories that may be acquired by the Government of India at any time.

In this context, the Territory of India is a wider expression than the Union of India because the latter
includes only states while the former includes not only the states but also UTs and territories that may be
acquired by the Government of India at any future time.

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 It is the necessity for every country to be divided into different states for the convenience of
administration. In this regard, the Constitution authorises Parliament to form new states or alter the
areas, boundaries or names of the existing states with/without their consent.
Procedure for reorganisation

A bill contemplating these changes can be introduced in the Parliament only with the prior
recommendation of the President
The President, before recommending the bill, has to refer the same to the state legislature
concerned for expressing its views within a specified period.

Parliament is not bound by the views of the state legislature and may either accept or reject them,
even if the views are received in time. For instance, Despite Bihar legislative assembly passing a
resolution to the contrary, Parliament passed a bill for creation of Jharkhand

Moreover, such changes are not to be considered as amendments of the Constitution under Article
368. This means that such laws can be passed by a simple majority.

14. What are the constitutional provisions governing the financial relations between the Union and the
States. Comment on the role of Finance Commission in this regard.
Approach:
Write about the constitutional scheme governing financial relations between Union and states.
Discuss the role of Finance Commission in fiscal federalism.

Answer:
The Financial relationship between the Union and the States is provided in Part-XII of the constitution.
Constitutional Scheme:
1. The Parliament levies taxes on items mentioned in the union list while the state legislatures levy
taxes on items mentioned in the state list.
2. The residuary power of taxation belongs to the centre.
3. Other categories of taxes.
o Article 268: Taxes levied by the union government but collected and appropriated by the states.
Stamp duties, etc fall in this category.
o Article 268-A: It includes service tax, levied by the Union but collected and appropriated by the
Union and the states.
o Article 269: Duties levied and collected by the union but the net proceeds are distributed among
the states. Tax on inter-state trade, succession duty, etc. fall in this category.
o Article 270: Taxes levied and collected by the union but the proceeds are distributed between
the centre and the states. Taxes incomes etc, fall in this category.
The manner of distribution of the net proceeds of these taxes is prescribed by the President on the
recommendations of the Finance Commission.
4. Constitution also provides for grants-in-aid to states, under Article 275 (statutory grants) and Article
282 (discretionary grants). The former is based on the recommendation of Finance Commission.
Finance Commission:
Finance Commission is the balancing wheel of fiscal federalism under Article280. It is a quasi-judicial
body, appointed after every five years, entrusted with the following functions:
1. Recommending the distribution of net proceeds of taxes between Centre and the States.
2. Suggesting the mechanism to share tax revenues, the Commission also lays down the principles for
giving out grant-in-aid to states and other local bodies as follows
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 3. Determine factors governing Grants-in Aid to the states and the magnitude of the same.

Limitations of Finance Commission:

1. Its recommendations are not binding on the Union.

2. The major junks of grants are extended under Article 282, based on the recommendations of
erstwhile Planning Commission due to political expediency.
3. Its role is informally limited to only the capital expenditure requirements of the states.

The current scheme of division of financial resources is certainly very complicated, having the effect of
making the states financially dependent on the centre. Therefore, violative of federalism.

Way Forward:

The states should be given more fiscal autonomy to achieve their goals enshrined in the DPSP and state
list of Constitution. The greater devolution of statutory grants under recommendation of 14 th Finance
Commission could provide them with greater resources and independence.

15. Discuss the structure, powers and limitations of National Human Rights Commission.

Approach:

Write about the purpose of NHRC, its structure, powers.

Highlight limitations to its functioning.
Provide some suggestions.

Answer:

NHRC is a statutory body, setup in 1993, as the watchdog of human rights in India.

Structure:

NHRC consists of a chairperson and other members as follows:

1. Chairperson is a retired Chief Justice of India.

2. One member is either a working or a retired judge of the Supreme Court.
3. One member is either a working or a retired Chief Justice of a High Court.
4. Two persons having knowledge or practical experience in matters relating to Human Rights.
5. Four ex-officio members: Chairpersons of the National Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities and National Commission for Women.

Powers and Functions:

1. Investigation:
o Investigating complaints or failure of any public official regarding the rights violation, either
suo moto or after receiving a petition.
2. Prevention and Safegueard:
o Monitoring the living conditions of the inmates and to make recommendations thereon.
o Reviewing statutory safeguards or treaties for the protection of the human rights.
3. Research and promotion:
o Promoting research and encouraging NGOs in the field of human rights.

While making an inquiry into the complaints, the commission enjoys the powers of a civil court.
Limitations:
1. Investigation: It does not have independent investigative machinery. So its investigation sometimes
fails to be impartial.
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 2. Incapacity to award relief: It can only ask the authority else approach the higher Courts to provide
relief to the victims. The concerned authority has to implement its recommendations within one
month or communicate reasons for not complying.
3. Only recommendatory body: Its recommendations are not binding on the authorities.
4. Armed forces: Commission cant investigate the violation in case of armed forces and has to rely on
the report of the Centre.
5. Commissions membership: As non-judicial member positions are increasingly being filled by ex-
bureaucrats, therefore commission is more an extension of the government, rather than
independent agency.

Way forward:
1. More teeth: Its decisions should be immediately made enforceable by the government.
2. Armed forces: The definition should be restricted to only army, navy, and air force. Further, even in
these cases the Commission should be allowed to independently investigate cases of violation of
rights.
3. Commissions membership: Members of NHRCs should include civil society, human rights activits
etc. rather than ex-bureaucrats.
4. Independent Staff: NHRC should have its independent investigating staff recruited by itself, rather
than present practice of deputation

16. Discuss how the concept of basic structure, although not specifically defined in the Indian constitution,
is an Indian judicial innovation. Tracing the evolution of basic structure doctrine in India highlight its
salient features.
Approach:

Introduce about the concept of basic structure.

Explain how it is an Indian judicial innovation.
Highlight its salient features arising out of various supreme court judgments.
Answer:
The concept of basic structure was introduced by Supreme Court in the Kesavananda Bharti case 1973. It
restricted the amending powers of Indian Parliament.
The concept of Basic Structure has not been mentioned in the Constitution, neither there was a
restriction on the amending powers of Parliament. However, debate over amending power that started
with Shankari Prasad Case eventually culminated with Kesavandna Bahrati Case where Supreme Court
innovatively settled this question:

Empowering Parliament to abridge or take away any of the Fundamental Rights.

Laying down the new doctrine of basic structure of Constitution. It meant that the Constitution has
certain basic features that cannot be altered or destroyed through amendments by the parliament

This doctrine has been used by Supreme Court in subsequent judgments to preserve the sanctity and
basic character of Constitution. While shying away from explicitly defining the Basic Structure, through
various judgments it has mentioned different features of Constitution that constitute basic structure.
Thus the doctrine has evolved through SC judgments and is still expanding:

Under Minerva Mills Case(1980), the Supreme Court ruled that Judicial Review is included in Basic
features of Constitution
In Waman Rao Case (1981), it was held that the doctrine will be applied to Constitutional
Amendments after the Kesavananda Bharti Case Judgement.

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 Subsequently, Supreme Court included Secularism, Right to equality, Right to Life, Supremacy of
Constitution, Rule of law and many more under the Basic Structure of Constitution.
More than 20 features have been decided by SC as a part of Basic Structure.

Thus, the basic structure is a substantive limitation upon the power of the Parliament to amend the
Constitution. It forces constitutional amendments to conform to certain standards or values that
maintain the sanctity and spirit of the Constitution.

17. Part IV of the Indian Constitution has great value as it provides for social and economic democracy as
distinguished from political democracy. In light of the above statement, discuss the importance and
limitations of this part of the constitution.

Approach:

Give a brief description of DPSP.

Write the importance of DPSP in India.
Highlight its limitations.
Answer:

DPSP in Part IV of the Constitution denotes the ideals that the government should keep in mind while
formulating policies and enacting laws. These are set of Constitutional instructions to state in legislative,
executive and administrative matters.

Importance of DPSP

Fundamental rights provide for political rights. DPSP supplement them by providing for social and
economic rights.
DPSP constitute comprehensive socio-economic programme for a modern democratic state
Aim at realizing high ideals of justice, liberty, equality and fraternity
Embody the concept of welfare state, and not that of the police state
It helps courts in examining and determining constitutional validity of law in the light of socio-
economic propriety
Its socialistic principles lay down framework of democratic socialist state, providing socio-economic
justice
The DPSP incorporates the Gandhian ideology as well as ideology of liberalism
They impose moral obligation on the state authorities for their application.
Their implementation creates a favourable atmosphere for the full and proper enjoyment of
fundamental rights.
However, this part is also fraught with certain limitations:

No Legal Force: The DPSP are non-justiciable in nature i.e. they are not legally enforceable by the
courts for their violation
Constitutional Conflict: DPSP lead to constitutional conflict (a) between Centre and states, (b) Centre
and President, (c) Chief minister and governor
Conflict with Fundamental rights: They can be amended to implement the fundamental rights.
A law cannot be struck down by courts for violating DPSP.

In spite of above limitations, DPSP are fundamental to the governance of the country. Its significance can
be gauged from the words of a former CJI, If all the principles of DPSP are fully carried out, our country
would indeed be a heaven on earth. India would then be not only democracy in political sense, but also
welfare state looking after welfare of its citizen.

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18. Tracing the evolution of panchayati raj since independence highlight its achievements in facilitating
the inclusion of vulnerable sections of society in the political process.

Approach:

Mention efforts made to establish PRI before 73rd Constitutional amendment.

Highlight its achievements regarding social inclusion.

Answer:

Panchayats in India have existed since Mauryan times. To further strengthen the institution it was
included in DPSP through Art 40. Hence, various efforts were made in this direction by different
governments.

Balwant Rai Mehta Committee, 1957: It was constituted to assess the Community Development
Programme. The committee recommended the need of democratic decentralization through 3-tier
Panchayati raj system.

After this, various states such as Rajasthan, Andhra Pradesh etc. established panchayati raj system. Other
committees constituted regarding Panchayats were:

Ashok Mehta Committee, 1977: Recommended 2-tier system and power of taxation with PRIs to
mobilise their own resources
GVK Rao Committee, 1985: Recommended elections should be held regularly.
LM Singhvi Committee, 1986: Recommended constitutional status to PRIs and increased financial
resources for panchayats.

Prior to 1992, many state governments had established panchayati system which differed in many
aspects number of tiers, devolution of powers, reservation system etc. With 73rd Constitution
amendment, a uniform system was created. It gave constitutional status to PRIs, brought them under the
purview of justiciable part of Constitution, and ensured elections at regular intervals. Above all, it played
instrumental role in social inclusion of vulnerable sections of population.

Political Participation: Increased political participation of women, SC and STs through reservation.
Women Empowerment: Enabled women to come out of home and take part in developmental
activities, politics and decision making.
Policy process: Empowering different sections to be a part of policy process from inception to
implementation.
Engendering: Brought gender perspective to policies and programme.
Opportunities: Various anti-poverty programmes implemented by PRIs helped in providing
employment opportunities, housing facilities etc.
Improving Society: It has helped to achieve social objectives such as caste equality, family planning,
girls education, arresting girl child death, preventing dowry
Against social ills: Several panchayats have also successfully restricted use of intoxicating drinks and
drugs.

The process of social inclusion can be further accelerated if greater powers, funds, functions and
functionaries are devolved to panchayats by the states. 13th and 14th Finance Commissions have
increased the allocation of funds to panchayats. Similar steps are also being taken by states signaling
greater power to poor and deprived.

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19. Enumerate the discretionary powers of the Governor mentioned in the Indian Constitution. Why is it
said that the post of governor has become highly politicised?

Approach:

Enumerate the discretionary powers of the governor.

Examine the factors that have led to the politicization of the governors post.

Answer:

Article 153 of the Constitution requires that there shall be a Governor for each State appointed by the
President, holding office during his pleasure.

Governor is titular head of state executive. But, he has more discretionary powers than President of
India, as unlike President he is not bound by advice of the states cabinet. His discretionary powers are:

Constitutional discretion:

Reservation of a Bill for Consideration of the President;

Recommendation for imposition of Presidents Rule in State;

Exercising his functions as administrator of an adjoining union territory.

In the States of Assam, Meghalaya, Tripura and Mizoram, Governor determines the amount payable
to an autonomous Tribal District Council.

Seeking information from Chief Minister with regard to administrative and legislative matters of the
state.

Situational discretion:

Appointing Chief Minister when no party has acquired clear cut majority in the State Legislative
Assembly or when a Chief Minister dies when in office;

Dismissal of the Council of Ministers when they lose confidence of State Legislative Assembly;

Dissolution of Legislative Assembly.

Governor was expected to be the linchpin between Centre and states, but he has become a tool of
Centre to interfere in the working of state governments. Hence, governors post has become one of the
most politicized office. Some factors that have led to such a situation are:

Governor appointed by Centre without security of tenure leading to reshuffling after each election.

Wide discretionary powers of governor give him ample scope to act independently of elected states
executive. Ex. Article 356.

It was expected that Governors would be elderly statesmen, however, the post has become a spoils
post.

Legislature both at the Centre and state cant impeach governor, giving him absolute patronage of
central executive.

It is imminent that reforms be taken vis--vis this office. Implementing the recommendations of Sarkaria
Commission, Punchi Commission etc. regarding his tenure, powers, impeachment among other issues
would be a positive step. Governors on their part should realize their constitutional role rather than
playing into partisan politics. The sooner these steps are taken the better it is, else the clamor to abolish
it will further strengthen.

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20. Briefly enlist the constitutional provisions related to tribunals in India. Critically analyze the role of
tribunals in the Indian judicial system.
Approach:

Enlist the constitutional provisions regarding tribunals.

Brief upon their role in the judicial system.
Examine whether they have been fulfilling their role.
Briefly suggest remedial measures if any.
Answer:
Provisions for tribunals is provided through 42nd amendment by creating Part XIV-A of the Constitution. It
has two articles: Article 323-A empowers Parliament to create Administrative Tribunals to adjudicate
disputes regarding recruitment and conditions of service of persons appointed to public services at
Union, State and local level or with any other authority within India. Article 323-B empowers parliament
or state legislatures to set up tribunals for other matters like tax, labor disputes, property, land reforms,
environment etc.
Role of tribunals
Tribunals existed in India before this amendment but aftermath there has been rapid increase in
tribunals. Tribunals were set up to reduce the workload of courts, to expedite decisions, increase the
outreach of justice and to provide a forum which would consist of both lawyers and experts in the areas
falling under the jurisdiction of the tribunal. While adjudicating tribunals follow the principles of natural
justice.
Evaluation
The success of tribunals is evident from their creation in almost every sphere. They have been quite
successful in expediting justice and giving some landmark judgments. However, their functioning has also
raised some questions:

They have grown haphazardly with lack of any overarching plan. Different tribunals constituted under
different enactments are administered by different administrative departments of Central and the
State Governments.
Poor judgments resulting in the case to reach SC and HCs, leading to more delay.
Doubts about impartiality as tribunals act as extended arm of departments with retired bureaucrats
appointed to it with fewer judges.
Growth in number of tribunals has led to transfer of judicial powers to executive which is against
separation of power and judicial independence.
As tribunals do not follow any uniform procedures but principles of natural justice, adjudicators are
unable to have a clear understanding of the procedures to be followed.
As a result SC has cautioned on incessant creation of tribunals. It has itself struck down creation of few
like National Tax Tribunal. Hence, the need is to improve the quality of tribunal justice along with
balancing the powers of judiciary and executive. In this regard following steps can be taken:
Independent supervisory body to oversee working of tribunals.
Formulation of minimal norms of natural justice.
Substantial questions of law before tribunals be decided by SC and HCs.
Streamlining appointment process with greater representation to judicial members.

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