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M Phil in Political Science & International Relations from Delhi University. Currently teaching Political Science & International Relations at Vajiram and Ravi, Delhi. My successful students include Raghvendra Singh (AIR 12, 2012), Namrata Gandhi(AIR 42, 2012), Mullai Muhilan (AIR 46, 2012), Tapasya Raghav (AIR 78, 2012), Vikas Kundal (AIR 79, 2012), Anshul Gupta (AIR 110, 2012), Gagandeep Singh(AIR 25, 2011), Gince K Mattam (AIR 73, 2010), Aditi Singh(AIR 12, 2008), Deepak Rawat(AIR 12, 2006) and many others.

Saturday, November 1, 2014

Structure of Answers of the TEST SERIES -TEST 3: COMPARATIVE POLITICS & THEORY OF INTERNATIONAL RELATIONS (Paper 2 Section A).

 Section – A
1. Comment on the following in approximately 150 words each, 10 marks each.
(10 x 5 = 50 marks)
(a) Cultural Politics search alternative narratives and provide new narratives in hinterlands and peripheries.
While discussing the limitations of the traditionalist approaches to the study of the comparative politics role of the political culture approach needs to be discussed. 
Gabriel Almond and Sidney Verba in their work “the civic culture : political attitudes and democracy in five nations” studied and compared political culture in five states –USA.UK. Germany, Italy and Mexico. They employ the term ‘political culture’ that specifically include political orientation attitudes towards political system and its various parts and attitude towards the role of the self in the system
The study of the concept of the political culture constitutes an examination of the sociological aspect of the subject of political development.
The approach influenced the morphological study of the political system
It has influenced system-theorists to assert that one political system is distinguished from another not only in respect of structure but also in respect of its political culture in which it lays embedded
It is on this account that a parliamentary system can develop and work well in a country like Britain it failed  to get the same success in many third world countries.
Can refer The SAGE Handbook of Comparative Politics edited by Todd Landman, Neil Robinson and Comparative politics today by Gabriel Almond
(b) Almond & Powell model is a comfortably formulated descriptive model that assumes to embody abstract principles of virtue.
The question requires you to discuss how the model provided by Almond and Powell provide descriptive tool but is not effective enough as an analytical model of comparative model.
However you need to discuss the limitations holistically.
Important Weakness of Almond’s Structural-Functional Approach to Political Science
The critics point out several weaknesses of Almond’s Structural-Functional Approach:
(1) Fails to define an Independent Society:
Almond defines political system as a “set of interactions to be found in all independent societies. “He, however, nowhere explains which society is or can be treated as an independent society.
(2) Gives no place to Sub-systems:
It ignores the study of para-political systems which are at work in each society at large.
(3) Wrong to define Political Communication only as an Input Function:
Almond arbitrarily classifies political communication as an input function. Political communication is at work at all the three levels: input, conversion and output.
(4) No mention of Feedback Process:
Almond’s model of political system ignores the importance of feedback functions. He assumes feedback as a part of the communication process.
(5) First Model was static:
Almond’s first model is a static model with status-quo commitment. The concept of Equilibrium is inadequate.
(6) Can be used only for studying Developed Political Systems:
Almond’s approach can be applied more to the developed political systems of the West and less to the developing political systems of Asia and Africa.
(7) Definition of Political Development not objective:
Almond’s concept of political development is biased because he has used variables and concepts drawn from the theory of Western liberal democratic political systems for conceptualising political development.
It is writ large in conceptualising it as structural differentiation, sub-system autonomy and secularisation. It completely ignores the study of economic variables of development. Further, Almond and Powell arbitrarily classify systems as traditional, developing and developed.
(8) Gives no places to the study of Crises and Revolution:
It fails to take into account such issues as political decay, crisis, and revolutions. Change is wrongly conceptualised as development.
(9) Cannot be used for studying Non-democratic Political Systems:
Holt and Turner opine that Almond’s approach cannot be used for studying totalitarian and authoritarian political systems because in such systems, the seven functions of the political system cannot be identified and analysed.
(10) Too many Variables:
Almond’s structural-functional approach is very complex. Its operationalisation demands analysis of a large number of functions, structures, capabilities, development and other variables.
(11) Admits only Macro Studies:
Almond’s approach has a weakness insofar as, like the systems approach in general, it can be applied more for macro-analysis and less for micro¬analysis.
(12) Less Importance to the study of Structures:
While talking about the study of structures and functions of the political system, Almond concentrates and places all emphasis upon the study of functions. The study of structures finds little importance in his approach.
(13) Can lead to Contra Dictionary Results:
When Holt and Turner applied this approach for comparative politics studies, they found that it produced opposing results. When they compared the (erstwhile) Soviet Political System with the Indian Political System, they found the latter to be a developed system but when they compared it with the US Political System; they found the Indian Political System to be, at best, a transitional political system.
Despite these shortcomings, the Structural-Functional Approach has a great merit. In the words of Young, It is quite attractive for comparative analysis of political systems, it deals for the most part with the manageable collection of variables and it provides a set of standardised categories that can be applied successfully over widely disparate political functions.
Its categories and concepts are less broad in terms of scope than those of the general systems theory, but they provide considerable richness for the purpose of orientation and data selection in their own domain.
The greatest strength of the Structural-Functional Approach lies in the area of pattern- maintenance and systemic regulation. Here, the essentially static elements of the approach display themselves to the best advantage.
Almond’s structural-functional approach has definitely helped and improved the use of Structural-Functionalism in Politics, Comparative Politics and Political Sociology studies.
Can refer New Comparative politics by J C Johri or The SAGE Handbook of Comparative Politics edited by Todd Landman, Neil Robinson and Comparative politics today by Gabriel Almond
(c) Underdevelopment is causally related to the process of development in the West.
This question requires you to discuss dependency theory formulated by various thinkers. A G Frank. Wallerstein and Raul Preisch, Argiri Emmanuel, Celso Furtado
Dependency Theory developed in the late 1950s under the guidance of the Director of the United Nations Economic Commission for Latin America, Raul Prebisch. Prebisch and his colleagues were troubled by the fact that economic growth in the advanced industrialized countries did not necessarily lead to growth in the poorer countries. Indeed, their studies suggested that economic activity in the richer countries often led to serious economic problems in the poorer countries. Such a possibility was not predicted by neoclassical theory, which had assumed that economic growth was beneficial to all (Pareto optimal) even if the benefits were not always equally shared.
The Central Propositions of Dependency Theory
There are a number of propositions, all of which are contestable, which form the core of dependency theory. These propositions include:
1. Underdevelopment is a condition fundamentally different from undevelopment. The latter term simply refers to a condition in which resources are not being used. For example, the European colonists viewed the North American continent as an undeveloped area: the land was not actively cultivated on a scale consistent with its potential. Underdevelopment refers to a situation in which resources are being actively used, but used in a way which benefits dominant states and not the poorer states in which the resources are found.
2. The distinction between underdevelopment and undevelopment places the poorer countries of the world is a profoundly different historical context. These countries are not "behind" or "catching up" to the richer countries of the world. They are not poor because they lagged behind the scientific transformations or the Enlightenment values of the European states. They are poor because they were coercively integrated into the European economic system only as producers of raw materials or to serve as repositories of cheap labor, and were denied the opportunity to market their resources in any way that competed with dominant states.
3. Dependency theory suggests that alternative uses of resources are preferable to the resource usage patterns imposed by dominant states. There is no clear definition of what these preferred patterns might be, but some criteria are invoked. For example, one of the dominant state practices most often criticized by dependency theorists is export agriculture. The criticism is that many poor economies experience rather high rates of malnutrition even though they produce great amounts of food for export. Many dependency theorists would argue that those agricultural lands should be used for domestic food production in order to reduce the rates of malnutrition.
4. The preceding proposition can be amplified: dependency theorists rely upon a belief that there exists a clear "national" economic interest which can and should be articulated for each country. In this respect, dependency theory actually shares a similar theoretical concern with realism. What distinguishes the dependency perspective is that its proponents believe that this national interest can only be satisfied by addressing the needs of the poor within a society, rather than through the satisfaction of corporate or governmental needs. Trying to determine what is "best" for the poor is a difficult analytical problem over the long run. Dependency theorists have not yet articulated an operational definition of the national economic interest.
5. The diversion of resources over time (and one must remember that dependent relationships have persisted since the European expansion beginning in the fifteenth century) is maintained not only by the power of dominant states, but also through the power of elites in the dependent states. Dependency theorists argue that these elites maintain a dependent relationship because their own private interests coincide with the interests of the dominant states. These elites are typically trained in the dominant states and share similar values and culture with the elites in dominant states. Thus, in a very real sense, a dependency relationship is a "voluntary" relationship. One need not argue that the elites in a dependent state are consciously betraying the interests of their poor; the elites sincerely believe that the key to economic development lies in following the prescriptions of liberal economic doctrine.
(d) Not all the social movements of today are necessarily new. Comment.
New social movements’ theory is rooted in the continental European traditions of social theory and political philosophy. This approach emerged in large part as a response to the inadequacies of classical Marxism for analyzing collective action.
For new social movement theorist, two types of reductionism prevented classical Marxism from adequately grasping contemporary forms of collective action. First, Marxist economic reductionism presumed all political  action being derived from the economics of capitalism and as a result all other social logics are secondary.
Secondly, Marxist analysis reduced all social actors under class identities of economics ignoring all other social identities that could trigger collective action
New social movement theorists have looked into other logics of section based upon politics , ideology , culture and other sources of identities such as ethnicity and gender as definers of collective activity.
Gail Omvedt while defining new social movements list the following characteristics
Firstly they are social movements in the sense of having broad over all organization, structure a nd ideology aiming at social change.
Secondly they are new in that they themselves , through the ideology they generate , define their exploitation and oppression, the system that generate these and the way to end this exploitation in new terms related to traditional Marxism but having clear differences with it.
They cannot be seen simply as popular movements willing to follow under the vanguard ship of the working class.
Thirdly they are groups that were ignored by traditional Marxists like dalits shudras women or those are exploited in a ways related to new capitalism but left unconceptualized by a preoccupation with private property and wage labor.
Keeping the above points in mind you have to analyze which social movements are new and old.  For example environment  movement in India is mix of both new and social movements. Narmado Bachao Andolan and Chipko movement can be analyzed from the Marxist perspective as it was a struggle against the capitalist economic structure. However spree of PIL filed against the state failure to check the rising pollution level in Delhi in mid 90’s can be marked as new social movement as it was propelled by deeper ecological concerns and good life. Similar dalit and women movements in India has traits of both new and old social movements as it is shaped in some instance against the exploitative power structure whereas in many cases is backed by identity assertion and power politics.
(e) Contrast the features of third world party systems with western counterparts.
While writing this answer you have to keep in mind the socio-political underpinnings of the emergence of the political parties in west and third world countries. \
In the west political parties were outcome of the maturing of democracy which involved granting universal suffrage and representation to the excluded class like black people and women, however in most the third world countries political parties emerged as a vanguard of the revolution against the colonial masters. For example in India Indian National Congress was an outcome of struggle to gain freedom from the colonial rule.
In most of the third world countries and south Asia most of the parties were build around the personalities and had personality cult.
The heterogeneous society in the third world countries divided along the case and religious line made number of political parties espouse narrow sectarian interests.  
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2(a) Realism has been under serious theoretical attack yet it is too soon to talk about the demise of realism.
(20 marks)
While discussing the basic tenets of realism you need to discuss the theoretical challenges faced by it.
Discuss how the view that in the era of globalization where economic interdependence has increased manifold and international organizations have come to play an important role concept balance of power and self-interested state has become redundant and then by giving examples like Ukrainian  crisis you can explain that how realism as a theoretical construct to explain the action in internationals relations has not become redundant.
Some examples like China’s role in Nepal to curb India’s rising role in South Asia, China-Pakistan-USA relations and role of balance of power.
Since the end of the Cold War several politicians and academics have proclaimed that we are entering a new era in the conduct of international relations which emphasizes cooperation instead of violent conflict – indeed, we are witnessing the formation of an ‘international community’. In this new era the old doctrines of resolving interstate conflict through the application of raw power are being replaced by peaceful conflict resolution through international cooperation and international institutions, such as the European Union, NATO and the United Nations. The old practices of realpolitik, so it is proclaimed, have been made irrelevant in this new globalised and legalistic world order.
One staunch opponent of this vision is Professor John J. Mearsheimer from the University of Chicago. In his view, inter-state conflict is bound to remain an aspect of international relations. Therefore, the practices of realism will inevitably maintain a central position in the way states conduct international relations.
Read
http://mearsheimer.uchicago.edu/pdfs/A0029.pdf
It will help you to have a good idea on relevance of realism as a theory of international relations.
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(b) Give the relative benefits of hard power over soft power? What is fast power and smart power?
(15 marks)
The idea to distinguish between hard power and soft power was first introduced by Joseph Samuel Nye, an American political scientist.
In general, he defines power as the “ability to affect others to get the outcomes one wants”and command or hard power as coercive power wielded through inducements or threats. Hard power is based on military intervention, coercive diplomacy and economic sanctions and relies on tangible power resources such as armed forces or economic means. Thus, the German invasion into Poland in 1939 and the UN economic sanctions against Iraq in 1991 following the first Gulf War are examples for the use of hard power.
In contrast, co-optive or “soft power is the capacity to persuade others to do what one wants”. According to Nye, persuasive power is based on attraction and emulation and “associated with intangible power resources such as culture, ideology, and institutions. State activities need to be perceived as legitimate in order to enhance soft power. The dispersion of American culture within the Eastern bloc during the Cold War indicate the existence of American soft power and more recent processes of EU enlargement are indices for soft power possessed by the EU
According to Andrew Heywood the effectiveness of hard and soft power approaches depends on the accessibility of power resources. Large states such as the USA or Russia with a higher national income are financially able to maintain large armed forces and to put other states economically under pressure. For smaller states, these traditional tools of hard power are more difficult to obtain. The accessibility of soft power resources though depends much less on the size of a state. As the example of Norway shows, small states have definitely the ability to build soft power.
Heng, however, explains the importance of the nature of soft power resources in his comparison of Japanese and Chinese soft power strategies. He stresses for example that Japan’s war history forms the main limitation to its soft power (2010, p. 299), whereas China’s “competitive state-led model and its authoritarian political system” hinder the full utilisation of its soft power potential (ibid., p. 300). Hence, a state’s given soft power resources – such as its historical legacy and societal system – determine the strength and therefore the effectiveness of its soft power.
Another important aspect of the hard-soft-power continuum is time. It appears that generating hard power requires much less time as its resources are tangible. In contrast, soft power takes relatively long to build as its intangible resources develop over a long period of time.
The characteristics of the contemporary world order weaken the effectiveness of hard power strategies. Globalization-driven economic interdependence; the rise of transnational actors; the resurgence of nationalism in weak states; the spread of military technology; and the changed nature of international political problems limits the effectiveness of hard power. 
An example for the ineffectiveness of basing foreign policy making solely on hard power strategies is the U.S. invasion into Iraq in 2003.The strategy [of the invasion of Iraq] failed to understand what elements of power were needed most to defeat the emerging threat” from terrorist groups (. This misunderstanding resulted in ignoring two key elements of soft power: the Bush administration firstly forgot about the USA’s dependence on their allies’ intelligence and policy forces and on global public support; and secondly, the question of the legitimacy of the invasion was not attributed any importance
Due to the above mentioned factors limiting the effectiveness of hard power, it is hard to find successful foreign policies solely based on hard power resources. Many states now enact soft power rather than hard in its external relations. India’s foreign policy for instance is presently within the process of this transition.India’s hard power approach of the 1970s and 1980s was not very successful and on the other hand, the economic advancement after 1991 facilitated the use of economic tools in foreign policy This explanation mirrors some of the above mentioned factors triggering the decline in the use of hard power.
On the other hand, also the concept of soft power has its weak points. Theorits have raised serious questions about the strength of culture as a soft power resource as cultural influence does not equal political power. Secondly, the desirability of the outcomes of soft power strategies depends on particular circumstances which cannot necessarily be influenced by states. Finally, he challenges the actual benefit of agenda setting as the positive results of those practices seem to occur long after their originators’ demises
The following examples show how soft power can be used effectively. The first example is the European Union and its ability to attract new members. The EU is a leading intergovernmental organisation and its success generates among non-members states the desire to participate in the project of European integration. Based on this promising foundation, the EU’s “soft power derives from its readiness to offer a seat at the decision making table. This attractiveness assures peace and safety among European states and the process of EU enlargement further strengthens its position at the global level. Thus, the EU’s soft power is beneficial for its member states as well as for the EU itself.
Indeed, some foreign policy strategies may be perceived as effective combinations of the two poles of the power continuum. This idea was taken up and coined “smart power” by Nossel and Nye 2004). Armitage and Nye state in 2007 that smart power draws from both hard and soft power resources (They define the concept as “an approach that underscores the necessity of a strong military, but also invests heavily in alliances, partnerships, and institutions.
Hard power is coercive power executed through military threats and economic inducements and based on tangible resources such as the army or economic strength. In contrast, soft power is persuasive power deriving from attraction and emulation and grounded on intangible resources such as culture.
Examples of smart power
An example for employed smart power is the US-American effort to strengthen its influence in Africa. This strategy embodies three instruments:
(i) the African Growth and Opportunity Act is a program of bilateral trade agreements bound to certain political, economic and social reforms.
(ii) the President’s Emergency Plan for AIDS Relief, is “the largest commitment ever by a single nation towards an international health initiative. The program provides financial means to realise national policies combating AIDS/HIV (Hackbarth,
(iii) the Millennium Challenge Corporation is a financial aid program “based on the principle that aid is most effective when it reinforces good governance, economic freedom and investments in people.
These three programs have in common that they combine the attractiveness of money with the demand for political, social and economic development. The underlying principle is simple: in order to be eligible for partaking in the programs, a state has to meet the conditions set by the USA. Because the attractiveness of money is such a strong persuasive tool this type of development aid is a good example for an effective smart power strategy.
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(c) International relations is not only about state to state relations but also about transnational relations. Comment.
(15 marks)
There are two kinds of actors in the world of International Relations which are states and non state actors. States are territories run by a government and have a permanent population. Although states are the most important actors in IR, they are strongly influence by non state actors.
Non-state actors are individuals or organizations that have powerful economic, political or social power and are able to influence at a national and sometimes international level but do not belong to or allied themselves to any particular country or state. According to Pearlman and Cunningham, non-state actors are define as “an organized political actor not directly connected to the state but pursing aims that affect vital state interests”
Other than having characteristics such as having power and the ability to influence, non-state actors have a base or headquarter in a certain state but their activities will not only be operating in the state itself but will also be operating beyond the borders of the state.
Types of Non-state Actors and Their Roles
Sub-state Actors
Sub-state actors are groups of people or individuals with similar interests not beyond the states that are able to effect the state’s foreign policy. They are also known asdomestic actors. An example of sub-state actors is the automobile industry and the tobacco industry in America. These industries have unmistakable interests in the American foreign economic policy so that these industries are able to sell cars or cigarettes abroad and reduce imports of competing products made abroad. They are politically assembled to influence policies through interest groups, lobbying, donating to political candidates or  parties, swaying public opinion on certain issues, and other means. Some examples of sub-state actors are the trade union (British English) / labour union (Canadian English) labor union (American English). Trade union is an organization of workers who have banded together to achieve common goals such as protecting the integrity of its trade, achieving higher pay, increasing the number of employees an employer hires, and better working conditions. They are able to influence the decisions made regarding their state’s laws in order to protect the rights of employees.
Intergovernmental Organizations (IGOs)
Intergovernmental Organizations (IGOs) are one of the International Organizations (IOs). IGOs are organizations whose members consist of three or more nations-states. IGOs are created and joined by states to solve shared problems which give them authority to make collective decisions to manage  problems on the global agenda. In these organizations, the states’ representatives gather to discuss issues that are of mutual interests to the member states. There are two main types of IGOs, the global IGOs and the regional IGOs. Global IGOs are organizations having universal or nearly universal membership which means every state is a member like the United Nations (UN), World Trade Organization (WTO), International Monetary Fund (IMF) and many more. Regional IGOs are a subset of states as members based on a particular interest or region, such as the Association of Southeast Asian Nations (ASEAN), European Union (EU) and many others
Transnational Actors
Transnational actors are actors that function below the state level but functioning across the state borders. There are two types of transnational actors which are the transnational corporations (TNCs) or multinational corporations (MNCs) and the nongovernmental organizations (NGOs)
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3.
(a) Welfare and not security is the primary goal and concern of the state. Comment.
(20marks)
Security as a primary concern of the state is the formulate of the realist and supporters of the minimalist state. While welfare of the people
British sociologist T.H. Marshall identified modern welfare states as a distinctive combination of democracy, welfare, and capitalism, arguing that citizenship must encompass access to social, as well as to political and civil rights. Examples of such states are Germany, all of the Nordic countries, the Netherlands, Uruguay and New Zealand and the United Kingdom in the 1930s. Since that time, the term welfare state applies only to states where social rights are accompanied by civil and political rights.
There are numerous examples to substantiate your answer that state is not mere an instrument of ensuring security. Welfare policies adopted by various countries for example in India can be cited as example.
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(b) Can a liberal world with more democracies and higher interdependence escape the perils of anarchy. (15 marks)
Neorealist criticism of liberal school which is reflected in the fact that realist believes liberalism “misunderstood politics because they misunderstood human nature.”
This is debate between realist and liberal theorist of international relations. Realists contends the views of liberal school that liberal world with more democracies and higher interdependence escape the perils of anarchy.
Realists have non-progressive view of state, according to them in spite of ant historical change states continue to exist in anarchy however liberal school have progressive view of state.
Neorealist are critical of the view that interdependence and connectedness can reduce conflict. According to them world export was much lower in 1970 than 1890-1910 and the substantial rise of export in 1950-75 touted by liberals as great time of interdependence  was nothing more than a recovery from the substantially low level of interdependence due to two world wars
Arguments in favor can be given by example of Europen union which has history of two world wars but have witnessed relative peace after integration.
Please read Chapter on Liberalism from Introduction to International Relations: Theories and Approaches By Robert H. Jackson, Robert Jackson, Georg Sørensen
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(c) Are counter terrorism frameworks based on suppression and military force effective in responding to terrorism? To what extent global efforts in the past have been effective in tacking terrorism? (15 marks)
Excerpt from Economist report
FOR years Pakistan’s government and army put off confronting the Pakistani Taliban and their allied fanatics who had set up what was almost a state of their own in North Waziristan, the wildest of several tribal agencies on the country’s north-west frontier with Afghanistan. The reason for such reluctance was a belief that any attack on the militants would trigger savage reprisals. Imran Khan, a populist politician perhaps most responsible for discouraging military action, has countless times predicted a big “blowback” in the cities.
Yet since the army launched a belated offensive against the militants in North Waziristan on June 15th, the number of terrorist attacks across the rest of Pakistan has fallen by nearly 30%, according to a database maintained by the Pak Institute for Peace Studies in Islamabad, the capital. Deaths from terrorism are down by more than half compared with the same period in 2013.
Indeed, the widespread assumption is that Operation Zarb-e-Azb, named after a sword of Muhammad, has badly undermined Pakistan’s militants. Independent confirmation is impossible, but the army claims it has killed more than 1,100 terrorists in North Waziristan.
On topics which are evolving and is in state of flux it is required to keep yourself updates through papers and magazines. This articles reflects the fact that counter terrorist measures based on suppression and military force effective is becoming effective tool in responding to terrorism
Full article can be read here
http://www.economist.com/news/asia/21627691-strains-are-showing-among-countrys-jihadist-groups-taliban-tumult
There are some very strong points against the counter terrorists’ attacks to suppress terrorism. One othe important criticism is that such policy leads to legitimacy crisis as it happened in USA after Iraq war
And most importantly the view  that military counterterrorism serves short-term goals, but does little to guarantee long-term success in the struggle against political violence. It is detailed debate which cannot be discussed here. The link of a brilliant article from Columbia journal of international affairs can help you to have a very good understanding on the issue.
http://jia.sipa.columbia.edu/online-articles/ways-forward-global-counterterrorism/
While discussing the global efforts in countering discuss
1. The Counter-Terrorism Implementation Task Force
2. United Nations Action to counter terrorism
3. Global effort to stop money laundering
4. Steps taken to counter Norco trade
Please refer chapter on terrorism from The Globalization of World Politics: An Introduction to International Relations by John Baylis, Steve Smith, Patricia Owen. It is must read.
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4.
(a) Explain the international politics of climate change and what is the present position of China? (20marks)
Please refer The Globalization of World Politics: An Introduction to International Relations by John Baylis, Steve Smith, Patricia Owen Chapter on Environment Issues
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(b) Explain New Delhi’s position on food security at WTO negotiations? (15 marks)
India has taken a tough stand over food security issue at the WTO Geneva talks in July. The country refused to ratify WTO's Trade Facilitation Agreement (TFA), which is dear to the developed world, without any concrete movement in finding a permanent solution to its public food stock-holding issue for food security purposes. It has asked WTO to amend the norms for calculating agri subsidies in order to procure food grains from farmers at minimum support price and sell that to poor at cheaper rates.
The current WTO norms limit the value of food subsidies at 10 per cent of the total value of food grain production. However, the support is calculated at the prices that are over two decades old.
However, the support is calculated at the prices that are over two decades old. India is seeking a change in the base year (1986-88) for calculating the food subsidies. It wants the change to a more current base year on account of various factors such as inflation and currency movements. There are apprehensions that once India completely implements its food security programme, it could breach the 10 per cent cap. Breach of the cap may lead to imposition of hefty penalties, if a member country drags India to the WTO
India on October 24 UN general assembly that developing countries must have the freedom to use food reserves to feed the poor "without the threat of sanctions" and a permanent solution on food security with necessary changes in WTO rules is a must.
"The issue of food security is central to the pursuit of poverty eradication and sustainable development in developing countries and must be treated with the same urgency as other issues, if not more," counsellor in the Indian mission to the UN Amit Narang said in a UN general assembly session on'Macroeconomic Policy Questions: International Trade and Development'.
Arguments in favor of India’s stand
1■ -India’s complaint is justified. According to the WTO rule, public stockholdings must not exceed 10% of the value of foodgrains produced and calculated at the base price of 1986-88. You cannot calculate current food subsidy limits by 1986-88 prices. That beats all logic.
 2■ For most of the developing countries including India, public stockholding for food security is a livelihood issue, a matter which should not be even debated at WTO.
3■ Developed countries lose nothing if they allow higher public stockholding by developing countries after putting in place a mechanism with reasonable limits to ensure developing countries do not dump their excess cereals at rock bottom prices in the international market.
4■ Allowing developing countries to continue to provide price support to their farmers will be a big confidence booster in multilateral trade, given that the focus of the ongoing Doha round of negotiations is supposed to be on “development”. Developed countries can claim moral victory and fast-track the remaining issues of the Doha round once they oblige the food security demand of the developing countries.
5■ Food security is the foundation upon which the United Nations’ Millennium Development Goals to eradicate extreme poverty and hunger stand. Forcing developing countries and Least Developed Countries to agree to anything which may compromise their right to food security will not only compromise basic human dignity but also go against the UN declaration to which all countries are a signatory.
6■ The government support to farmers in developed countries are way ahead of what developing countries can even afford to provide. For example, while India provides about $12 billion farm subsidy to its 500 million farmers, the US provides around $120 billion to its 2 million farmers. The figures could be contested, but not the trends.
7■ Lastly, there is wide realisation in India at the state and central government level about the rising burden of subsidies and there is a serious move to make it more targeted through the use of technology as in the case of the Direct Benefits Transfer programme. To expect it to happen at the pace developed countries wish means one does not understand the complexities of a country like India.
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(c) Assess the achievement of international community in project of gender justice since fourth world conference on women in Beijing? (15 marks)
Section – B
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5. Comment on the following in approximately 150 words each, 10 marks each.
(10 x 5 = 50 marks)
(a) Prisoner’s dilemma. It is a scenario in game theory illustrating the need for collaborative strategy. Game theorists are the mathematicians interested in games that focus on the strategic interaction between rational actors ,who can pursue competitive or collaborative strategies. The interaction produces a much more complex situation than is found in the purely competitive market setting.
Cooperation is usually analysed in game theory by means of a non-zero-sum game called the "Prisoner's Dilemma”. The two players in the game can choose between two moves, either "cooperate" or "defect". The idea is that each player gains when both cooperate, but if only one of them cooperates, the other one, who defects, will gain more. If both defect, both lose (or gain very little) but not as much as the "cheated" cooperator whose cooperation is not returned. The problem with the prisoner's dilemma is that if both decision-makers were purely rational, they would never cooperate. Indeed, rational decision-making means that you make the decision which is best for you whatever the other actor chooses. Suppose the other one would defect, then it is rational to defect yourself: you won't gain anything, but if you do not defect you will be stuck with a loss. Suppose the other one would cooperate, then you will gain anyway, but you will gain more if you do not cooperate, so here too the rational choice is to defect. The problem is that if both actors are rational, both will decide to defect, and none of them will gain anything. However, if both would "irrationally" decide to cooperate, both would gain.
(b) Security dilemma :
Security is usually been thought of as a particularly pressing issue in international politics because while the domestic realm is ordered and stable , by virtue of the existence of the sovereign state , the international realm is considered anarchical and therefore threatening and unstable.
For realist as the most important actors in the international relations is state , security is primarlily understood in terms of ‘national security’.
As in the world of self-help all the states are under at least potential threat from all other states , each state must have the capacity for self-defense. It is this assumed nature of international affairs that the security dilemma emerges.
A security dilemma refers to a situation where in two or more states are drawn into conflict, possibly even war, over security concerns, even though none of the states actually desire conflict. Essentially, the security dilemma occurs when two or more states each feel insecure in relation to other states. None of the states involved want relations to deteriorate, let alone for war to be declared, but as each state acts militarily or diplomatically to make itself more secure, the other states interpret its actions as threatening. An ironic cycle of unintended provocations emerges, resulting in an escalation of the conflict which may eventually lead to open warfare.
First there is dilemma of interpretation –what are the motives, intentions and capabilities of others in building up the military power.
Second there is a dilemma of response. it means should the other state react in kind, in a military confrontational manner or should they seek to signal reassurance and attempt to defuse tension .
(c) Pre-emptive wars:
A pre-emptive strike is military action taken by a country in response to a threat from another country - the purpose of it is to stop the threatening country from carrying out its threat. Hence it can be said that it is designed to forestall or prevent likely future aggression marking it as a form of self defense in anticipation. It can be considered as an alternative to strategies such as deterrents, containment and constructive engagements as a means of dealing with potential aggressors.
The problem
A pre-emptive strike can conflict with the doctrine of the just war in two ways:
• it is carried out before the other side attacks with military force, and so appears to make the side carrying out the strike the aggressor
• it is usually carried out before a formal declaration of war
The Six Day War
One example is the Six Day War of 1967. Israel was the first to use military force, when it attacked the Egyptians. Egypt had not used force against Israel, so Israel appeared the aggressor and in the wrong. But Egypt had carried out the following actions before Israel struck:
• announced a policy of hostility to Israel
• put its military forces on maximum alert
• expelled the UN Emergency force from the Sinai border area
• strengthened its forces on the border with Israel
• announced the closure of the Straits of Tiran to Israeli ships
• formed mutual support treaties with Iraq, Jordan and Syria
You may think that this level of threat provides a moral justification for attack.
A possible solution
One ethical expert (Michael Walzer) has put forward some conditions that he thinks must be satisfied to justify a pre-emptive strike:
• an obvious intention to do injury
• active preparations that turn that intention into a positive danger
• a situation in which the risk of defeat will be greatly increased if the fight is delayed
(d) Nuclear deterrence
Deterrence is commonly thought about in terms of convincing opponents that a particular action would elicit a response resulting in unacceptable damage that would outweigh any likely benefit. Rather than a simple cost/benefits calculation, however, deterrence is more usefully thought of in terms of a dynamic process with provisions for continuous feedback. The process initially involves determining who shall attempt to deter whom from doing what, and by what means. Several important assumptions underlie most thinking about deterrence. Practitioners tend to assume, for example, that states are unitary actors, and logical according to Western concepts of rationality. Deterrence also assumes that we can adequately understand the calculations of an opponent. One of the most important assumptions during the Cold War was that nuclear weapons were the most effective deterrent to War Between the States of the East and the West. This assumption, carried into the post-Cold War era, however, may promote nuclear proliferation. Indeed, some authors suggest that the spread of nuclear weapons would deter more states from going to war against one another. The weapons would, it is argued, provide weaker states with more security against attacks by stronger neighbors. Of course, this view is also predicated on the assumption that every state actor's rationality will work against the use of such weapons, and that nuclear arms races will therefore not end in nuclear warfare
(e) ICC
The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 122 countries (effective as of 1 May 2013).
The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.
The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.
The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.
In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.
On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.
Important cases
To date, the Prosecutor has opened investigations into nine situations: the Democratic Republic of the Congo; Uganda; Central African Republic I and II; Darfur, Sudan; Kenya; Libya; Côte d'Ivoire; and Mali.[126] The Office of the Prosecutor is also conducting preliminary examinations in nine matters in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, Nigeria, Ukraine and aboard three vessels involved in the Gaza flotilla raid
Criticism
The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. [188][189][190]This sentiment has been expressed particularly by African leaders due to the disproportionate focus of the Court on Africa, while claiming to have a global mandate; to date, all eight cases which the ICC has investigated are in African countries.[191][192]
The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (charged before becoming president) led to the Kenyan parliament passing a motion calling for their withdrawing from the ICC, and the country has called on the other 34 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union summit in October 2013.
Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Sudanese President Omar al-Bashir visited Kenya despite an outstanding ICC warrant for his arrest but was not arrested; he said that the charges against him are “exaggerated” and that the ICC was a part of a “western plot” against him. Ivory Coast’s government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. Rwanda’s ambassador to the African Union, Joseph Nsengimana, argued that “It is not only the case of Kenya. We have seen international justice become more and more a political matter.” Ugandan President Yoweri Museveni accused the ICC of “mishandling complex African issues.” Ethiopian Prime Minister Hailemariam Desalegn, the AU chairman, told the UN General Assembly at the General debate of the sixty-eighth session of the United Nations General Assembly: “The manner in which the ICC has been operating has left a very bad impression in Africa. It is totally unacceptable.”
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6
(a) Critically examine the importance of Morton Kaplan’s system approach for the study of international politics. (20 marks)
Morton Kaplan considers that there are five models major international system : (i) the balance of power system, (ii) the bipolar system, (iii) the universal actor system, (iv) the hierarchical international system, and (v) the unit veto system.(Discuss them)
Critical evaluation
1. The balance of power system worked in the 18th and 19th centuries and is still working in some form or the other. Like-wise, the loose bipolar system is also in operation. But the other four models pertain to future and may never come into opera¬tion. Kaplan makes only a prediction and to this extent his theory is defective.
2. Kaplan believes that the balance of power system passes into loose bipolar system and then into tight bipolar system which in turn transforms itself into universal, international and then into hierarchical international system.
But at present, in the age of loose bipolar system the trends are in favour of the stability of non-aligned States rather than in that of their disappearance. The Super-power blocs are experiencing intra-bloc dissensions represented in the most acute form by China's defection from the Soviet bloc and the critical attitude of France adopted towards the U.S.A.
Similar is the attitude of Great Britain. So in the present state of international politics, small powers are gradually asserting themselves either individually or collectively. China is also asserting itself to form one bloc.
Japan also wants to assert itself. So the chances of the development of a tight bipolar system would be very dim. The transformation from loose bipolar system will be into multi polar system and not tight bipolar system as Kaplan holds.
3. Kiplan's theory appears to be wrong also because he envis¬ages the transformation of the universal actor system into the hierar¬chical international system in which only one nation will be left as the universal actor.
Such a transformation is possible only in the revival of imperialism and colonialism. The possibility of such a revival means misunderstanding the entire process of international politics.
4. Kaplan does not discuss the forces which determine the scale of nation's behavior. He omits altogether the forces and factors at work wit i in the State. He also does not take into account the factors and conditions which lead nations to behave collectively.
He also ignores how national interests affect the behavior of States. This is a serious omission from the point of view of the completeness of the system.
5. The theory fails to give the exact number of international systems. It is not clear whether all the nations form one international system or they form several participating systems. We also hear of the Communist System, Latin American System and so on. Our approach is likely to be affected by our own views in this regard.
6. Suppose there is only one international System. Then it must react with the environment. But what is the environment in that case- only outer space? Is it possible for this international system to react with outer space ?

(b)Compare complex interdependence with structural realism. (15 marks)
           Structural Realism usually begins with the following assumptions:
• that the international system is anarchic; that is, there is no credible power above the states that compromise the system.
• that states cannot be certain of the intentions of other states
• that at least some states have offensive capabilities
• that states have preferences which they seek to realize, and that survival is a prerequisite for realizing such a preference
From these premises, Structural Realism concludes the following: because states require survival in order to seek their preferences, they seek to survive. Because they cannot be certain of the intentions of other states, which may have offensive capabilities, and because there is no higher authority which can protect them from those other states, it is rational for states to seek some optimal level of power relative to all other states in the system. Relative power can then be used as a means to survival, and therefore a means to the state's true preferences.
The result is an international system in which each state competes with every other state for relative power. While power is an unlimited resource, the competition is, in effect, zero sum, because what is important is how powerful a state is relative to all other states. An increase in absolute power for one state and no change in absolute power for all other states will mean a decrease in relative power for all other states.
Note that, in Structural Realism, states must seek power before being able to realize their preferences. Therefore, the structural imperative to seek power will, in Structural Realism, tend to override any contrary preferences that the state has, at least for a rational state. In this way, Structural Realism posits that the driving factor behind a rational state's foreign policy is not internal politics or preferences, but an externally-determined set of structural imperatives. For this reason, Structural Realists can be very dismissive of a state's domestic politics.
Structural Realists can be further divided into Offensive and Defensive Realists, based on how much power they believe is optimal. Defense Realists posit that there is some ideal level of power which a state should seek; below that level, it cannot be guarenteed of its own security, but above that level, other states will begin to see it as a threat and counter-balance it. Offensive Realists hold that states should maximize their power, since the collective action problem will impede counter-balancing.
In contrast complex interdependence as a theory developed by Robert Keohane and Joseph Nye and refers to the various, complex transnational connections (interdependencies) between states and societies. Interdependence theorists noted that such relations, particularly economic ones, were increasing; while the use of military force and power balancing were decreasing (but remained important). Reflecting on these developments, they argued that the decline of military force as a policy tool and the increase in economic and other forms of interdependence should increase the probability of cooperation among states. The complex interdependence framework can be seen as an attempt to synthesise elements of realist and liberal thought.
• (c) Explain the relevance of balance of power in present times. (15 marks)
BOP in international relations is the state of stability or parity that exists between two or more competing forces.
• Balance of power is one of the most enduring concepts in the field of International Relations and according to its advocates, the balance of power provides the ingredients which is needed to explain and understand the resilience of the modern international system of states.
• Cold war era was is the most fitting example of balance of power, where US and USSR were in a state of equilibrium wrt power relations with US entering the NATO alliance and USSR signing the Warsaw Pact.
• In contemporary International relations, relevance of balance of power cannot be undermined.
• Advanced technology and growth in global trade and commerce can be fairly said to have reduced a nation’s dependability on territory to gain wealth and military power, but territorial conquests for economic gain is yet the order of the day.
• There is the hegemonic interest of US in the 21st century international politics on one hand and the rising clout of China with its military and economic might on the other that has made balance of power as a concept more relevant that it was during the cold war period.
• China has been making expansions into Latin America and Africa for resources challenging the economic might of the hegemon i.e. US.
• With the military power taking a backseat and economic and soft powers defining the nature of politics at the international level, many new power centers have emerged like the EU, IBSA, BASICS, SCO, Germany, India, and also resurgent Russia.
• As the multipolar nature of global politics emerges, there is a potent need to balance the aspirations of all these power centers. As Headley Bull states the adversarial balance of power, prevalent during the Cold war period, has given way to associative balance of power with the rise of multi-polarity at the international space.
• The relevance of Balance of Power in 21st Century is more of the nature of associative balance of Power that adversarial balance of Power. It is with close association of these emerging powers that issues of global politics like climate change, nuclear proliferation, international terrorism, economic crisis etc needs to be addressed.
• However, with the China factor looming large on the international politics, esp with its expansionist policy to counter the hegemony of US, there is every possibility of a future military conflict between the two at a regional level. This will again bring to the fore the dynamism of Balance of Power in its traditional sense to its relevance.
• The active efforts of the Chinese to increase its access to ports and airfields from the South China Sea through the Strait of Malacca, across the Indian Ocean, and on to the Arabian Gulf; its efforts to develop aircraft carrier capability and the increase in naval exercises distant from its home waters indicates China’s long term goals to build up a capability to more adequately secure access to markets and resources. It is now widely understood that in the eyes of the Chinese strategists, no great power can be truly great unless it controls those commons and therefore, America’s command of the seas , skies and space is a problem and challenge they expect to address in time.
• In the present scenario, the Asia Pacific region is lacking any “powerful, regional multinational security regime like NATO (North Atlantic Treaty Organisation)” making it one of the most “prevailing and outstanding security dilemma in the world”, with regional and territorial issues like Taiwan, Kashmir, South China Sea, Korean Peninsula, and others like proliferation of weapons of mass destruction, nuclear weapons, long-ballistic missiles, rapid increase in military budgets and weapon acquirement.
• The US clearly seeing these developments, maintained its foothold in Asian region by adopting political manoeuvres and foreign policy aimed at utilizing the ‘Balance of Power’ to contain the emergence of China as a global power.
• The argument here is that in such a situation, countries would use the balance of power to protect their own security. The realism school of thought suggests that ‘Balance of power’ is centred in power. Morgenthau advocated that ‘balance of power’ referred to the reality in which power was shared equally by a group of countries.
• The case with the US is that it has been striving for global hegemony and it is quite concerned about the prevailing and escalating security dilemmas in the Asia-Pacific for a long time and the rise of China has been the most notable and potential threat to the US interest. So it seems evident that China is the only possible country that could challenge the hegemony of the US in the Asia-Pacific either from idealistic perspective of values like democracy or from the realistic perspective like the national interest. The US well seems to be guided by the Realism bring into effect the concept of the Balance of Power in the 21st century.
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7.
(a) Explain the factors responsible for disintegration of USSR? To what extent crises in Ukraine can be considered as the consequences of disintegration of USSR?
Causes of Soviet Collapse
Ethnic Fragmentation: The USSR used “Slav Nation/Pride” propaganda as justification in creating a unified Slav state. However, Russia was clearly the favored and dominant state, while others (including Turkish/Central Asian constituents) were oppressed. Russians clearly viewed themselves as superior, despite asking client states to buy into Slav unity/patriotism/pride, which became a transparent effort to draw other Slav nations in under a false romantic ideal. As a result, non-Russians were quick to separate from the Soviet Union when it entered troubled waters.
Stagnating Economy: The Soviet Union had grown to a size large enough to the point where it became cumbersome to continue state planning. The massive and intricate Soviet economy became too large to manage by state planners, who were unwilling to enable more autonomy at mid-managerial level to remain responsive down to a localized level. This resulted in failed economic policies (failure to respond timely to continuous changes), while thwarting innovation. Managers commonly fudged numbers to show that quotas and goals were being met.
Afghanistan Quagmire: The Soviet-friendly Afghan government was threatened by anti-communist insurgents, which grew to outnumber the Afghanistan army. The USSR supplied tens of thousands of troops and war machines. However, support transformed into an invasion followed by occupation of various cities and towns, bogging the Soviets down into a guerilla war with an increasingly growing and zealous Afghan resistance movement. By the time of the Soviet withdrawal from 1987-89, nothing concrete had been gained, and the USSR left damaged and humiliated.
Perestroika: Refers to economic reforms enacted by Gorbachev in 1987, in an attempt to reverse the Soviet Union's sliding economy. Some free market elements were added, but not enough to bring about reform. The free-market policies were enough to result in failed businesses, but shortages became common as price controls were kept in place. With price ceilings limiting profits, the incentive to produce sufficient quantities was removed.
Decentralization: Soviet Union did allow individual republics more autonomy
Glasnost: With the Soviet public becoming more disenchanted with their secretive government, Gorbachev attempted to compensate by committing to openness and transparency with the media. However, this backfired as the public learned of long-standing political cover ups revealing past and recent atrocities, missteps by leadership, social and health failures of the USSR and the true extent of national economic problems. This further eroded support for the regime.
Cherynobyl Disaster: The nuclear power plant accident in the Ukraine town of Cherynobyl. It was initially covered up by the Soviet government, compounding the health crisis, while further sowing the seeds of distrust within the constituency, as the extent of the disaster and the cover-up came to light.
Local Nationalism: With declining public perception of the Soviet government (due to political blunders), nationalism grew within each of the individual republics, creating independence ambitions in republics such as Ukraine, Belarus, Estonia, Latvia and Lithuania.
Lack of Economic Incentives: The state-planned economic system did not provide sufficient incentives to encourage innovation and ambitious productivity.
Excessive Military Focus: The USSR was overly-focused on military build-up, neglecting domestic troubles that would play a major role in bringing down the USSR. This was largely due to the perceived need to keep pace with the massive U.S. military build up.
Reduced Motivation of Fear: Friendlier relations with the U.S. in the 70s, 80s meant that the general public was no longer completely motivated to strengthen itself against the American threat.
In response to a unanimous vote by the Crimean parliament in favor of seceding from Ukraine and joining the Russian Federation and the setting of a referendum on secession for March 16, President Obama declared the holding of such a vote a violation of the Ukrainian Constitution and international law.
However in 1992, following the dissolution of the Soviet Union, the United States pressed for the breakup of Yugoslavia. In 1999, it went to war against Serbia to secure the secession of the province of Kosovo.
In the above mentioned point you have to discuss whether the present Ukrainian crises can be seen as a fallout of the disintegration of USSR as Russia is now in an attempt to regain its lost terrain
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(b) What are the challenges faced by nuclear non proliferation regime in our times? (15 marks)
• Major challenges today:
o a lessening of commitment to non-proliferation
 shown by the non-compliance cases – Iraq, Romania, DPRK, Libya and Iran – and now, it appears, Syria
 as well as political ambivalence by many governments – or at least their diplomats
 benefits of non-proliferation not always recognised – too often seen as a “North-South” issue
o the spread of sensitive nuclear technologies (enrichment and reprocessing)
 particularly through an active black market – including even nuclear weapon designs
o practical limits to the IAEA’s verification capability – detecting undeclared nuclear programs presents a major challenge.
• Major challenges in the future:
o implications of nuclear expansion – will the non-proliferation regime be weakened?
o further spread of enrichment and reprocessing
 to date, proliferation has involved undeclared nuclear programs
 but for the future, declared (and safeguarded) programs could be destabilising – providing rapid breakout capability
 safeguards alone can provide only limited assurance of future intent
 and a wider use of plutonium recycle could present major proliferation and terrorism problems if not properly addressed.
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(c) What are the achievement and failures of NAM? What is its contemporary relevance? (15 marks)
"Strategic autonomy has been the defining value and continuous goal of India's international policy ever since its inception as a Republic," declares "Nonalignment 2.0," a new report by eight of the country's leading public intellectuals and foreign policy specialists. Nonalignment 1.0, of course, was India's Cold War policy of maintaining equidistance between Moscow and Washington, though in practice it leaned toward the Soviet Union.
Views against relevance of NAM
Former National Security Advisor Brajesh Mishra declared it "impossible" for India to remain nonaligned between the United States and China. According to K. Shankar Bajpai, a former Indian ambassador to the United States and China, "Reviving that concept is all too likely to drive our people back to something that is not only long outdated but -- and this is its dangerous legacy -- which we still fail to recognize as having done us more harm than good."
Relevance of NAM
The end of the Cold War has not invalidated the raison d’être of the Non-Aligned Movement ( NAM). Much of its old agenda, like disarmament and development, still remains valid. Besides, there are new dangers – even more pernicious and far-reaching. These include interventions in the domestic affairs of nations on so-called humanitarian grounds, which are determined not by the United Nations but arbitrarily by the major powers, and the escalating intrusion in the sovereign economic space of developing countries in the name of globalization and liberalization.
There is also an urgent need on the part of developing countries to counter the wave of neo-protectionism, which takes the form of linking trade with labor or environmental standards. India, therefore, should continue to use the NAM forum for pursuing this agenda.
NAM has lost a great deal of its effectiveness because its members have become much more vulnerable after the twin crises of debt and development of the early 1980s. This situation is un-likely to change in the near future. India should, therefore, take NAM for what it is worth – still a handy and essential means for serving some of the most important ends of its foreign policy. The same is true, though in varying degrees, of the Group of 77(G–77) and the Group of 15(G–15).G–77is in greater disarray than NAM because of the erosion of the U.N.’s economic functions, within the framework of which it has been functioning. Besides, G–77 does not get the infusion of political will which NAM is still able to manage through its Summit conferences. India took the initiative at the Belgrade NAM Summit in 1989for setting up the G–15so as to enable a group of politically and economically significant developing countries to hold regular consultations, coordinate positions on global issues at the highest level and to promote economic and technical cooperation. The idea was also to seeG–15develop as a dialogue partner of the G–7
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8.
(a) Compare the level and nature of regional integration of EU with that of ASEAN.
(20marks)
• EU (European Union) is a union of European Nations into one common economic and political entity, whereas ASEAN is just an regional Economic Union.
• EU is in a level of supra-national co-operation while ASEAN is in a level of inter-national co-operation.
• The aims of ASEAN and EU are almost identical, or at least comparable and there is hope for peace and security, the safeguarding of national independence against interference from external actors, the quest for economic prosperity and social security, and more and more the preservation of the national competitiveness in the age of globalization
• The level of integration in ASEAN is not the same as EU. EU is more integrated in the sense that it is just not an economic union but also political union. By political union it signifies that all member states are members to the European parliament at Brussels. No such democratic institution exists for ASEAN at the regional level among its member states.
• It is just not only the level of integration but the nature that also contrasts between the two regional organizations. While EU is like a governing body that imposes its policies on the member states, ASEAN is more like a mutual governing body where member states decide the policies for it to govern. EU as such has institutions like European Central Bank, European Court of Justice, European Parilament etc. whereas ASEAN lacks these institutions.
• The sovereignty of member states in many policy matter in EU has been eroded due to the supra-national character of the organization, whereas the sovereignty on member states of ASEAN is still intact in terms of all policy matters and economic decisions.
• In Europe, the governments of the members had agreed in giving up limited sovereignty by creating supranational institutions to monitor, and to exercise its power such as the pooling of resources like coal and steel.  While ASEAN nations did not agreed on giving up any sovereignty by signing the non-interference agreement.  This will produce massive effects in the lacking of co-operations and monitoring body in ASEAN.
• Comparing the EU and ASEAN with respect to the explicit institutional, as well as the implied and built-in solidarity mechanisms, it clearly appears from the outset that the EU, while delegating national sovereignty in some areas to the supra-national level, dispose of deeper and more powerful mechanisms of solidarity than ASEAN.
• In ASEAN, “macro-economic solidarity” is even much weaker than in the EU. There is no common currency system in ASEAN.
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(b) What is the contemporary relevance of UN? Do we need more UN or less UN? Give arguments in support of your answer. (15 marks)
Kofi Annan Former secretary general of United Nations remarked The United Nations exists not as a static memorial to the aspirations of an earlier age but as a work in progress – imperfect as all human endeavours must be but capable of adaptation and improvement.
While in close to seventy years of its existence it has indicated significant weaknesses and failures in fulfilling its purposes, the UN with all its specialized agencies and development funds has extended its scope of action and remains the only international organization with universal membership. The virtue of the UN is that it provides a forum for different viewpoints to come together and ways to come to an agreement that produces results. Thus, the UN’s role as a stage is particularly important
UN’s constructed role can be gauged from the works of its umbrella agencies, particularly the World Food Programme (WFP) which strengthened the UN’s role as an actor in the field of development.
Discuss role of UN’s in peacekeeping, in promoting socio-cultural causes.
UN peace keeping missions.
Discuss problems like structural problems that often impedes its role as an effective actor.
The fundamental issue is that of the political will which limits the UN’s capacity to take action and causes the organizational disintegration. In fact, how to generate the will remains one of the most complicated tasks of this century.
Reforms required like that of Security Council can be briefly discussed.
Please refer The Globalization of World Politics: An Introduction to International Relations by John Baylis, Steve Smith, Patricia Owen
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(c) Why SAARC is one of the weakest examples of regional integration? Predict the future of SAARC.
(15 marks)
In South Asia there are various civilisations, castes, religions, values and ethos; and these diversities pose serious challenges. This is a historical fact. Samuel Huntington in his book The Clash of Civilisations states that SAARC is a failure. He thinks that unlike the countries that belong to such other associations, like the European Economic Community, for example, the SAARC countries do not belong to one civilisation. According to him the people in the region belong to two main civilisations, namely, Hindu and Islamic. Apart from his view, the diversity can also be seen from the types and forms of political regimes and ideologies. In the region there are monarchies, military regime, democracies, and centralised command structure. These developments originally shaped during the colonial periods continue to dictate the political and security environment of S. Asia. Many of the national boundaries and resources were inherited or shared which came as legacies of the past and still continue to pose potential security threats among states. Consequently these asymmetry leads to insecurity, mistrust, and unpredictability.
Next, the severe inner weakness in SAARC’s policy is its Article-10 (General Provision), which prohibits discussion of ‘bilateral’ and contentious issues. And this weakness has not allowed SAARC to really take off in real sense of the term. This clause was set primarily with a view to avoiding its direct involvement in any bilateral conflicts in this forum. While India thought that SAARC would develop into an anti-Indian forum, Pakistan, on the other hand, suspected that India would use SAARC as a bloc under its leadership.
India has a long standing trading relation with Nepal, Bhutan and Sri Lanka, but all those are bilateral ties independent of SAARC. With Afghanistan, which is a new entrant to SAARC,
Some important points that reflect the ineffectiveness of SAARC
• Nearly 35% of the population in South Asia currently earns an income of less than 1 dollar. The formation of SAARC in 1985 has done nothing to eliminate the problem of poverty in this region. It is due to the ineffectiveness of regional organizations such as SAARC that the long standing problem of poverty in this region has not been solved.
• Another goal of SAARC had been to strengthen the relationships and collaborations between countries on important social, economic, cultural, scientific, technological and political issues. But the member countries have not been able to achieve significant cohesion and connectivity compared to other parts of the world such as EU.
• Another problem is that there have been no concrete steps towards major initiatives for peace and development in this region. SAARC has not been able to make headway for key issues such as collaboration on initiatives to counter terrorism. It has not promoted peace and comity between member nations. The biggest problem is that the regional organization has failed to promote trust and understanding between member nations.
• There is a sense of insecurity between key members of SAARC. While the leading nations have established hegemony, the other countries are left out of the power equations. Ever since its formation in 1985, SAARC has been unable to promote a better relationship between India and Pakistan. Relations between the two nations are still cold and there are frequent exchanges of fire across the LOC in Kashmir. The diplomatic circles have strove to find solutions but a rapprochement between the two nations now seems next to impossible. SAARC has not promoted mutual understanding and compassion between the two nations and key issues such as the border dispute remain unresolved.
• Member nations are also accusing each other of abetting separatist and secessionist forces on their soil. Rather than dealing with the problem jointly, member nations are become increasingly isolated from each other. SAARC has failed to resolve the deadlock regarding several key issues and conflicts in South Asia.
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***THE END***



 

Friday, October 31, 2014

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Saturday, October 18, 2014

Structure of Answers of the TEST SERIES - TEST 2: Indian Government and Politics (Paper I Section B)
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Ans 1
a. Dalit Perspective of Indian Freedom Movement
• The Dalit perspective in Indian National Movement rose as a reaction to the Brahmanical hegemony. It was reflective of anti-caste sentiments in the society.
• Dalit perspective rejected the very base of Indian national movement that India was a nation that needs to be liberated from foreign rule.
• B R Ambedkar condemned the notion of a nation in a caste divided Indian society and said each caste is a nation in itself.
• Ambedkar said that in believing that India is a nation we are cherishing a great delusion. He viewed that Indian Nationalism was a movement of Indian Bourgeoisie seeking overall political and economic control.
• Proponents of the Dalit perspective felt that oppressive Brahmanical supremacy was worse than the foreign rule
• The resultant of the Dalit assertion was demand for separate electorate in 1932 which could not be materialized due to Gandhi’s opposition.

b. Factors for persistence of inter-state water disputes
• Water is an important resource for overall development of a nation.
• The main sources of water are the rivers that flow across many states crossing inter-state boundaries.
• The federal nature of the Indian polity and water being a state subject has given rise to some pertinent issues in interstate water disputes which calls for attention
• Every state tries to convene its own laws on the subject of water which has given rise to frictions among states. States sharing river basins on main rivers tend to be suspicious of the water sharing arrangement
• Article 262 of the Indian constitution calls upon the parliament to make laws to provide for settlement of interstate disputes on use, distribution and control of water or river valley project. The parliament has powers to set up tribunals with the exclusive jurisdiction. However, these the arbitral awards by these tribunals have never been binding and appeals are allowed to the Supreme Court.
• The uneven economic development of various regions is also a reason for persistence of water disputes.
• The unreliable nature of monsoons in the predominant agrarian economy and lack of proper irrigation facilities has led to too much reliance on rivers for agriculture and irrigation.
• Absence of any central body/agency like a river water commission has also led to adhocism in the settlement of disputes between states.
• Noncompliance of arbitral award by the states is also one major cause for persistence of such disputes.
• At times it is with a lot of diplomacy and consultation of all state governments and central government that an amicable solution is reached even after Supreme Court gives a verdict as was the case in Yamuna River water dispute between Punjab, Haryana and Delhi.
• The ambiguous and opaque dispute settlement mechanism has fanned the demands of various states to settle river water disputes among themselves through extra constitutional means. In Cauvery Dispute, all concerned state governments resort to state level jingoism to entice regionalist tendencies and at times resort to violent means.
• These disputes now have also become highly politicized and have come under the influence of vote bank politics.
• Lack of right institutions for negotiations and agreement before such disputes and for compliance and implementation after the award has also been the reason for eruption and continuation of such interstate water disputes.
c. Judiciary in India is deeply paradoxical institution. (Pratap Bhanu Mehta)
• Pratap Bhanu Mehta through the above statement tries to highlight the evolution of judicial review, judicial independence and judicial activism and also the dichotomy that the judicial institutions remaining in a permanent state of crisis – inefficiency, poor enforcement and corruption.
• Mehta has said that the paradox of growing judicial power and increased “corrosion” was a worldwide phenomenon
• Judiciary of the country time and again has stressed on the need for accountability in the public institutions but has failed to do so with itself and this is the biggest paradox in the Indian judicial system.
• Mode of appointment of the judges in the higher judiciary is marred by controversies, allegations of nepotism and corruption in the appointment has surfaced time and again, still judiciary is not very enthusiastic to ensure the necessary reforms.
• Mehta asserts that Indian example of judiciary goes against the separation of power hypothesis which states that the judiciary as a separate wing of government should have strong tradition of independence and power. As per Mehta, in parliamentary system judicial review is weak, whereas the opposite is proving true in India.
• Judicial interventions have been legitimized in India due to people being less devoted to civil rights and liberties.
• The courts in India has not evolved and guiding principle or criteria to test the competing interests on whose basis can it legitimize its intervention in the legislative and executive actions.
• In spite of the Supreme Court having struck down hundreds of central and state laws, according to Mehta, it is still not clear as to who is the final arbiter of the Constitution after analyzing the events in the Shah Bano Case
• On the issue of the procedures in the lower courts and admissibility of appeals from lower courts to higher courts, Mehta states that 70% of the appeals are admitted which itself acknowledges the faulty process and procedures followed at the lower courts.
• Indian Judiciary System is under-financed there is a shortage of resources to maintain its efficiency and effectiveness. There are 10.5 judges per 1 million people, which is one of the lowest rates in the world. There is also an acute shortage of support staffs and law clerks. The judiciary in India does not have any mechanism to put pressure on the government for more funds.

d. Bad panchayati raj is worse than no panchayati raj. (Mani Shankar Aiyar Committee)
• Mani Shankar Aiyar, in his expert committee report on Panchayati Raj reforms has talked about the lacunae in the existing Panchayat Raj system in India.
• He highlights the fact that whereas the economy grew at an average of 8% in the 11th Plan period, poverty alleviation was only at the rate of 0.8% during the same period.
• He says that merely increasing funds for Panchayat Raj institutions will not make the difference, there has to be institutional changes to bring about a real change in the effective delivery and empowerment.
• UPA government had addressed the issue of bringing the functions of the Centrally Sponsored Schemes (CSS) into the authority of the panchayats and had instructed the ministers to fall in line with this changes diktat. So there was definitely a political will, but to everyone’s dismay state governments and bureaucracy did not pay heed.
• The officers are not directly accountable to the beneficiaries and this is leading to siphoning of funds and breeding a ground for corruption.
• There is a widespread notion that better results would flow by closely associating PRIs with the effective delivery system of the various CSS. Lack of scientific methods of delivery or devolution on part of the bureaucracy is what is rotting the PRIs.
• Due to these issues that are plaguing our PRIs, as per Aiyer, it will take us another 75 years at the current rate to ameliorate the conditions of poverty in terms of the global standards.
• He therefore calls our GDP growth without effective Panchayat Raj a treadmill model of growth. However high the rate of growth, we will remain in the same geo-spatial terms in terms of human development.
• The stark lacunae in the present Panchayat Raj system to endow it with the three Fs – Functions, Finances and Functionaries makes it an institution that will serve better rather than not existing.

e. Article 370
• Article 370 of the Indian constitution deals with the special status to the state of Jammu & Kashmir
• This article defines centre-state relations vis-à-vis J&K and the Indian Union.
• This article has restricted the legislative powers of the centre to those subjects which were mentioned in the Instrument of Accession
• The nature of this article was temporary because the accession of J&K was yet to be finalized into the Indian Union by a plebiscite. It was only effected so that once a constituent assembly was set up in the state the other provisions of the constitution of India could be gradually applied to the state of J&K.
• This article has been criticized on various grounds –
o On basis of this article, secessionist tendencies spread to other states of India eg. Nagaland, Mizoram, Punjab
o It restricts the fundamental rights of freedom u/a 19 of the Indian Constitution  for the citizens of India by denying them to purchase property and settle in J&K
o Restriction of citizens to enter jobs govt. jobs in the state.
o Restriction on the use of Hindi language in the state assemble
o This article is also criticized on the ground of breeding parochialism and regionalism.

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Ans2 . Evolution of Socialist thinking in Indian National Movement
• The Russia Revolution of 1917 had a deep impact on the minds of nationalist leaders in India. The most prominent among them was Jawaharlal Nehru, who was greatly influenced by the ideas of Karl Marx
• The roots of socialist ideas after the Russian revolution in the Indian Nationalist Movement can be traced in the initial peasants and working class movements during the 1920s.
• The Congress, under the leadership of Gandhi, sought to enlist the support of the peasants for a mass movement and also ameliorate the conditions of peasants in the country.
• Also under the influence of the Russian Revolution, Communist Party in India was formed in 1925. The communist were a major force to mobilize the peasants and develop socialistic ideas during the national struggle. They were instrumental in formation of All India Kisan Sabha which was based on the issues like agricultural wages, land to the tiller etc. and not based on class differences.
• Also with the growth of industries, a working class population had emerged which was mobilized in form of trade unions. These trade unions pioneered many working class movements contributing to the emergence of socialistic ideas in the national movement.
• The Communist Party, which had been formed in 1925, wanted the nationalist movement to be based on the economic demands of workers.
• With the support of Nehru, the Congress Socialist Party was formed in 1934. It advocated the convening of a Constituent Assembly to decide the future of India and the establishment of Socialist Society.
• According to Granville Austin everyone in the Constituent Assembly was Fabian and Laskite enough to believe that socialism is everyday politics for social regeneration and that democratic constitutions are inseparably associated with the drive towards economic equality.
• The Constituent Assembly in the Objective Resolution and the debate on it established that the constitution must be dedicated to some form of socialism and to social regeneration of India
• Though Nehru professed socialist ideas his activities were largely guided by the ideals of democracy and betterment of the masses
• One of the important reasons for growth of socialist Ideas has been the great depression of 1930 which had shattered the faith of people in Capitalism. U.S.S.R. had already completed its two economic Plans successfully. This enthused the Indian thinking also for adopting socialist pattern of society. The roots of Nehruvian Socialism was laid well at the time of the nationalist movement for independence.

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Ans 3.Reorganisation of Sates in independent India, consequential problems of reorganization on inter-state relations.
• At the time of the Constitution being adopted in 1950, Indian states were classified into four parts viz. Part A, Part B, Part C and Part D.
• However, the demand for reorganization of states can be traced back to 1903, when the Home Secretary put forth the demand for the partition of Bengal province.
• While the constituent assembly was busy drafting the constitution, the demand for linguistic states gained ground. Hence, the assemble set up a Linguistic Provinces Commission under the chairmanship of S. K. Dhar to examine the case for reorganization of states on linguistic basis.
• The Dhar Commission laid emphasis on administrative convenience rather than linguistic basis for any kind of reorganization.
• However, the Congress Party announced its own committee in 1948 known as JVP committee which also principally reiterated the conclusions of Dhar Commission but also  lay open the wedge by asking for consideration of formation of Andhra Pradesh out of the Madras p rovince on basis of Telegu speaking population.
• However, with the demise of Potti Sriramulu, who was on fast unto death for the Andhra cause, the government had to give in to the demands because of the widespread riots that followed.
• The formation of Andhra Pradesh gave a fillip to the demand for a Kannada speaking state to be carved out of the province of Mysore, including parts of Mumbai and Hyderabad.
• Sensing the growing divide on linguistic basis, Nehru announced the formation of State Reorganization Commission under Fazal Ali.
• The SRC commission adopted a balanced approach and recommended the one cannot blindly follow “one language one state” policy but linguistic homogeneity was an important factor for administrative convenience and efficiency. It thus recommended the formation of Kerela, Karnataka and other linguistic states.
• Gujarat and Maharashtra were later carved out on linguistic basis in 1960.
• In 1963, Nagaland was separated from Assam as a separate state mainly on grounds of secessionist tendencies.
• In 1966 Punjab and Haryana were formed on basis on Punjabi and Hindi speaking areas.
• Basis various grounds of language, administrative convenience, separatist tendencies , new states of Sikkim (1975), Mizoram (1987), Arunachal Pradesh (1987), Goa (1987) were formed in the Indian Union.
• Three new states of Chattisgarh, Uttarakhand and Jharkhand were formed in 2000 by dividing the existing areas of Madhya Pradesh, Uttar Pradesh and Bihar respectively.
• The recent formation of Telangana as a separate state has once again cropped up the issue of reorganization of states and the relevant grounds for it.
• Barring a few cases, there has been a lot of consequential problems associates with inter-state relation in case of reorganization and bifurcation of states in India. Studying the history of reorganization of Indian states, it is clearly discernible that most of them were a case of political agendas on basis of language and regional identities. This situations was fanned by political parties time and again on grounds of uneven economic and social development and as a case of neglect.
• One of the problems that crop up due to state reorganization is the fixation of state boundaries. The resultant states want to always grab the better deal.
• The issue of resource sharing becomes a bone of contention which creates a wide fissure in the amicable inter-state relation. The newer states always feel that they have not been adequately endowed and compensated justly. Employment is yet another issue which leads to friction within the inter-state relations.
• The Inter State Council has its power undermined when issues between states due to reorganization and bifurcation takes prominence that administrative efficiency and harmony.
• Most of the demands, as can be scrutinized by the recent dramatics in the Telangana issue, are merely driven by political interests, what suffers in the long run is the genesis on which the demand was originally made i.e. socio-economic development and administrative efficiency.

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Ans 4.  Main features of identity politics and its spread in recent years
• The identification of members of the group on the basis of sharing common attributes on the basis of all or someof the attributes, language, gender, language, religion, culture, ethnicity etc. indicates the existenceor formation of identity. The mobilization on the basis of these markers is called identitypolitics.
• Rise of low castes, religious identities, linguistic groups and ethnic conflicts have contributedto the significance of identity politics in India.
• In India we find that despite adoption of a liberal democratic polity after independence,communities and collective identities have remained powerful and continue to claim recognition.
• One of the main features of identity politics in India is its roots still firmly held in the past socio-economic milieu even in the globalized landscape.
• The roots of identity politics can be traced back to the Varna Systems in the ancient Indian texts. A sense of identity was ascribed to a person right from the time of his birth.
• In India, identity has become a ‘catch-all’ phrase that subsumes within itself all aspects of caste, religion, language and ethnic politics.
• At the time of independence, the Indian State recognized certain identities for the sake of affirmative action and overall socio-economic development of the selected few. However, many thought it to be the material basis for the enunciation of identity claims. Hence the state was viewed to be an active contributor to identity politics by creating structures that define people on basis of certain identities.
• Another aspect of identity politics in India is its differentiation and sub-differentiations into various identities. For example a homogenous linguistic group will further be sub-divided into caste and ethnic affiliations.
• In India, people are politically mobilized on basis on their identities for political gains.
• There has been a rampant rise of identity politics in India in the recent times especially with the rise of small and regional parties who thrive on caste, class, religion, and ethnic grounds.

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Ans 5.  Why land reforms in India could not go beyond zamindari abolition?
Land reform after independence had following features:
• abolition of intermediaries zamindars, jagirdars  etc
• tenancy reforms involving providing security of tenures to the tenants, decrease in rents and enforcement of ownership rights to tenants
• ceiling on size of land holdings
•  cooperativisation and community development programmes
•  while in spite of several weaknesses zamindari abolition were successful, other components like tenancy reforms could not get much success
• The abolition of zamindari meant that 20 million erstwhile tenants became land owners
• According to a rough estimate, area under tenancy decreased from 42 per cent in 1951 to between 20 and 25 per cent in 1960
•  however, the issue of continuing tenancy in zamindari areas oral and unrecorded, remained even after the abolition of zamindari
• such tenancy existed in the lands of former zamindars now set to be under their personal cultivation as well as the land sub leased by the former occupancy tenants who now became land owners
• land of proper land records post grave challenge to the tenancy reforms
• in the land ceiling long delay as well as nature of legislation insured that ceiling would have muted impact
•  lack of awareness and participation of the people made the fourth component of the land reform that is community development programnmes ineffective    

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Ans 6.Supreme Court of India has called the entry of criminals in politics as anathema to democracy. Why so? Trace the initiatives taken by different institutions in dealing with the menace.                                                                            
•  An analysis of 541 of the 543 winning candidates by National Election Watch (NEW) and Association for Democratic Reforms (ADR) shows that 186 or 34% newly elected MPs have in their election affidavits disclosed criminal cases against themselves.
• In 2009, 30% of the Lok Sabha members had criminal cases. This has now gone up by 4%.
• According to the analysis, a candidate with criminal cases had 13% chance of winning in the 2014 Lok Sabha election whereas it was 5% for an aspirant with a clean record.
• Of the 186 new members, 112 (21%) have declared serious criminal cases, including those related to murder, attempt to murder, causing communal disharmony, kidnapping, crimes against women, etc.
• Party wise, the largest numbers 98 or 35% of the 281 winners from the BJP have in their affidavits declared criminal cases against themselves.
• An analysis of 541 of the 543 winning candidates by National Election Watch (NEW) and Association for Democratic Reforms (ADR) shows that 186 or 34% newly elected MPs have in their election affidavits disclosed criminal cases against themselves.
• In 2009, 30% of the Lok Sabha members had criminal cases. This has now gone up by 4%.
• According to the analysis, a candidate with criminal cases had 13% chance of winning in the 2014 Lok Sabha election whereas it was 5% for an aspirant with a clean record.
• Of the 186 new members, 112 (21%) have declared serious criminal cases, including those related to murder, attempt to murder, causing communal disharmony, kidnapping, crimes against women, etc.
• Party wise, the largest numbers 98 or 35% of the 281 winners from the BJP have in their affidavits declared criminal cases against themselves.
• Eight (18%) of the 44 winners from the Congress, six (16%) of the 37 winners from the AIADMK, 15 (83%) of the 18 winners from the Shiv Sena, and seven (21%) of the 34 winners fielded by Trinamool Congress also have disclosed criminal cases against themselves.
• Very Important Judgement
•  In order to check the entry of those with criminal background a PIL was filed in the apex court. Apex court in its judgement pronounced in 2013 set aside the Section 8 (4) of the Representation of the People Act because it allowed sitting MPs and MLAs to continue to be elected representatives even when convicted in a court of law.
•  2013 Landmark Judgment
• What is section 8 of Representation of the People Act, 1951
• Section 8 of the Representation of the People Act, 1951, states that politicians and electoral candidates convicted for a crime shall be disqualified from the date of conviction till six years after their release. However, subsection 4 of Section 8 says that if the convicted person is already an MP or MLA, he or she will not be disqualified until three months from the date of conviction. Therefore, if an appeal is filed within these three months, the hearing could be delayed for years. The politician would thus be in power till the court disposes off the case.
• PIL against section 8
• In 2005, lawyer Lily Thomas and former IAS officer S. N. Shukla filed a public interest litigation asking the court to set aside Section 8 (4) of the Representation of the People Act because it allowed sitting MPs and MLAs to continue to be elected representatives even when convicted in a court of law. The petition appealed that this special protection was unconstitutional and hence should be struck down. This means that any convicted MP or MLA would be immediately disqualified and the seat made vacant.
• Apex Court Landmark judgment :July 2013
• The Supreme Court ordered that upon conviction, chargesheeted MPs and MLAs would be disqualified with immediate effect from holding membership of the House without being given three months to appeal. However, the Court exempted those who had already filed appeals in various High Courts or the Supreme Court. With the striking down of Section 8 (4), RajyaSabha member RasheedMasood and Lok Sabha member Lalu Prasad Yadav were disqualified from their seats after their conviction by a trial court.
• Ordinance to nullify the SC judgment
• The Central Government tried to nullify this Supreme Court judgement by passing a bill to amend the relevant sections of the Representation of the People Act, 1951. Since the monsoon session of Parliament ended without the bill being taken up, the Cabinet approved an ordinance to implement the same. The ordinance was subsequently withdrawn by the government after criticism from within the ruling party itself.
• Law Commission Report
• In a response to a public interest litigation filed by Public Interest Foundation, the Supreme Court asked the Law Commission of India to submit a report on the framing of false charges and submission of false affidavits. The Law Commission recommended the disqualification of politicians from contesting elections charged with an offence punishable by imprisonment of five years or more. It also said that for cases against sitting MPs and MLAs, trials must be expedited through day-to-day hearings and completed within one year.The Supreme Court partially accepted the recommendations of the Law Commission and passed an order directing that trials against sitting MPs and MLAs must be concluded within a year of charges being framed and that they should be conducted on a day-to-day basis. The Court also said that if a lower court is unable to complete the trial within a year, it will have to submit an explanation in writing and seek an extension from the Chief Justice of the concerned High Court.The 2014 Supreme Court order offers a ray of hope because if politicians with criminal records are elected in the forthcoming general elections, they could be disqualified as early as May 2015 if convicted.

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Ans 7. Give reasons why congress party was able to maintain the system of one party rule? Analyze the role of regional parties in forming coalition government?   
• The Congress was the locus classius of the national movement, a platform holding particularly all parties within its hold.
• The only parties which remain outside its umbrella was the Justice Party and the Dravida Kazahgam
• In post independence India, the Congress was seen as a party which got India independence hence had huge mass support
• Build around the personalities like Gandhi, Nehru, Patel and other stalwarts of Indian national movements it had prestige and popular support
• For three decades since independence, the Congress could hold the reigns of power because of above-mentioned features
• Lack of regional parties, like the SP, BSP, RJD , Shiv Sena, AIADMK, AGP which essentially got established in the later part of the century also gave the Congress opportunity to maintain the one party system
• With the fall of the Congress system and the emergence of coalition government at the centre, regional parties have come to play very important role
• By the end of 1980s, major national parties like, Indian National Congress and Janata Dal suffered continued decline while neither the BJP nor the Left could continue their rise beyond the plateau
• This gave the regional parties a tremendous boost and a wide opening so much so that after 1989 Lok Sabha elections, regional parties not only indispensible but in certain cases, decisive factors in formation of federal coalition governments   

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Ans 8. Discuss the major determinants of electoral behavior in India. Analyse the role of caste in elections.
• Inthe democratic set up voting is essential process.
• In a multilingual, multi-cultural democratic set up like India, voting behavior is dictated by a plethora of complex issues.
• Issues related to the daily life such as unemployment, price rise, law & order system and other developmental issues are often influence the vote of common people.
• Race: Sometimes and in some regions, yet race plays a role like in North Eastern states, it will be very tough to get elected by any south Indian and so is the case with south India also.
• Religion: It is as fact that religion plays a important role especially where both the followers Hindus and Muslims are situated in a constituency. This gave a support to Religion based parties. Though in a secular state like India, it must not be used.
• Casteism : This is the biggest determinants of the voting behaviour for the past five decades in India. This is the most ancient and widely used factor. Parties give tickets to the candidate of a caste which has the majority in the constituencies.
• Regionalism: After 1990s it is getting more and more importance. Demanding separate region, promoting region specific interest, claiming representation to end exploitation etc. are the main emerging causes from regionalism.
• Language: Language does not play a big role but at national level but it is deciding factor at state level politics
• Charismatic Leaders: Leaders like J. L. Nehru, Indira Gandhi, Jai Prakash Narayan, attract a number of voters due to their personal influence of behaviour, look, style, and ideology.
• Ideology: Some political ideologies play a deciding factor like democrats, socialism and communism.
• Development: Development factor is practiced in developed democracy. It is a sign of old and smooth running democratic system. It is expected that this is the main and desirable factor that should play a big role in determining the voting behaviour.
• Incidences: Some important and sudden events and incidences can change the equations in politics.
• Cadre: Some of the voters are emotionally attached to the political parties and they vote in the name of the party only.
• Individuals: The ability and specialty and of course popularity of the individuals as the candidate also influence the voters.
• Role of caste in elections has two dimensions. One is of the parties and candidates and the second is of the voters.The former seeks support of the voters projecting themselves as champions of particular social and economic interests, the latter while exercising their vote in favour of one party or candidate whether people vote on casteconsideration.
• Different parties accommodate certain castes in distributing partytickets. While nominating candidates parties take into consideration caste of theaspirant candidate and numerical strength of different castes in a constituency.
• Caste leaders also mobilize their followers on caste lines so that they could showtheir strength.Wherever caste association aligned with a particular party the caste leadersasked caste members to vote for that party.
• Political leaders use caste consciousness for mobilization but do not pursue vigorously, economic and social problems that the majority members of the caste face. Caste framework has its own limitations. It is divisive and hierarchical. This is a challenge before the caste-orientedpolitics.

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Ans 9. How the federalism in India can be modified without impacting the basic structure so that it meets the aspirations of people today?                                                                            
• India federalism often marked as quashi-federal and is criticized for it unitary features.
• Some of the features of the Indian Constitution has come under sharp criticism in recent years
• Governor is the administrative head of the state, suppose to act in the interest of the state. However, the mode of his appointment and removal reduced him being an agent of the Centre
• The office of the governor is required to be reformulated in a manner that it is more autonomous in taking decisions in the interest of the state
• Another point of criticism of Indian federal scheme is the financial dependence of the state on the centre
• The financial dependency has hindered the growth of many states
• Taxation of agriculture income is a sensitive matter both the union and the state governments are not inclined at present for the change in the constitutional provision in regard to entry 46 of list 2. Many problems have highlighted by the union and the state governments in connection with the levy of such tax. Nonetheless in view of its potential the question of raising resources from this source by forging political consensus and modalities of levying taxes and collection of proceeds etc would require an in-depth and comprehensive consideration in the national economic and development council.
• By an appropriate amendment to the constitution, the net proceed of the corporation tax may be made permissibly shareable with the state. This would have an advantage of enlarging the base of devolution so that the revenue of the state there would be greater stability and predictability in future.
• Emergency provisions, like Article 356, has also been criticized as it gives absolute power to the Centre over the states and in the past, it has been misused several times. Hence, necessary changes are required to make sure that it is used after proper scrutiny
• Sarkaria Commission recommended the residuary power of legislation, in regard to taxation, matter should continue to remain exclusively in the competence of parliament while the residuary field, other than that of taxation should be placed in concurrent list 
• Sarkaria Commission also recommended that a permanent inter-state council called inter-governmental should be set up under Article 263
• Sarkaria Commission recommended that once an application under section 3 of the inter-state river water dispute act is received from the state, it should be mandatory on the union government to constitute a tribunal within a period not exceeding one year from the date of receipt of the application of any disputant sate.  
• Sarkaria Commission recommended that inter state water dispute act should be amended that the award of a tribunal becomes effective within the five years of the date of constitution of the tribunal 

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 Ans 10. Suggest how panchayati raj can be leveraged for better delivery of public services?
• The State Planning Board of Kerala, which conducted a rapid assessment study of 10 years of decentralisation in Kerala, has concluded that the benefits delivered through the panchayat raj institutions is greater than that under the earlier system where plans were implemented through Central and State Government departments.
• Training of the elected representatives is required and made aware of the different government schemes so that the benefits could be reached to the people.
•  Training strategy should be inclusive, participative and interactive and a
• composite mix of various interventions:
• (i) face-to-face participatory training;
• (ii) exposure visits;
• (iii) peer training/learning;
• (iv) satellite training;
• (v) radio/cassettes/ films;
• (vi) Traditional means of communication;
• (vii) Newsletters, updates and digests of replies to Frequently
• Asked Questions;
• (viii) Resource centres and Help Desks for Panchayats.
• Trained members should be encouraged to become resource persons for further training of panchayat representatives. Peer to peer learning, both within and outside the State through regional or national tie-ups should be encouraged and supported.
• Linking the programmes, like MNREGA, through panchayati can be effective tool in delivering the services to the people.
• The present structure of panchayats in India has limited financial viability and resources and largely depends on grants by the state. One major area in which the panchayats can help deliver public services is through grass root participation.
• It can ensure the delivery of services to the lowest administrative units by involving people directly into the policy making and political processes.
• It will increase the acceptance of the plans and projects and also bring about the change in the power structure people institution in favor of the poor.

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Ans 11
a. Should opinion polls in India be banned?
• As per the existing norms, there are restrictions on broadcasting of opinion poll results during 48 hours prior to the end of polling.
• In 2004, the Election Commission of India came up with an anti-constitutional, anti-liberal view of banning opinion polls a full 45 days before the first date of polling. This was then expectedly rejected by the Supreme Court.
• Unlike opinion polls, exit polls will be banned until half an hour after the end of last phase of polling
• Give you views keeping in view that freedom of speech is a cardinal principal of democracy but how to ensure level playing filled it is necessary to some extent.

b. Leader of opposition
• Present context: Congress the second largest party in Lok Sabha was not accorded the position of the leader of opposition as . While congress stressed that Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 be considered for according them the leader of opposition status NDA stressed on following Mavalankar rule according to which congress was ineligible for the designation.
• Reeling with a historic low number of 44 seats, Congress had based its claim for the leader of opposition post on the law relating to Salary and Allowances of Leader of Opposition in Parliament Act, 1977 and the rules there under.
• Introduction: In a democratic set up the role of leader of opposition is of utmost importance as it provides constructive criticism to the government policies and ensure that unfettered power that is anathema to the spirit of democracy can be curtailed.
• In Britain office of leader of opposition is a very important office known as Her Majesty's Official Opposition is usually the political party with the second-largest number of seats in the House of Commons.
• Shadow System in Britain
• The Shadow Cabinet is made up of frontbench MPs and Members of the Lords from the second largest party, or official Opposition party. The Opposition party appoints an MP to 'shadow' each of the members of the Cabinet. In this way the Opposition can make sure that it looks at every part of the Government and can question them thoroughly. It also means that the Opposition has MPs and Lords that are ready to take specific jobs in the Cabinet if they win at the next General Election. In the House of Lords the term "spokesperson" is used instead of "shadow".
• Indian Context
• The Leader of opposition in India is a Cabinet-rank post and is part of important committees headed by the Prime Minister, which are in charge of selecting key appointees like the national ombudsman, the Lokpal, and the Chief Vigilance Commissioner.
• Not having a Leader of the Opposition has not created any administrative hurdles in the past but laws formed more recently require the Leader of the Opposition in the Lok Sabha to be in the panel to select people to high constitutional posts, including the Lokpal, Chief Vigilance Commissioner, Chief Information Commissioner, among others.
• Precedent
• GV Mavalankar Rule
• According to the rule made by the first speaker of the LokSabhaGV Mavalankar a leader of opposition can be from the part which secures at least 10 percent of the total membership of the house. This rule is incorporated in Direction 121(1) in Parliament (facilities) act 1998.
•  Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.
• Section 2 of the 1977 Act defines the LOp of each House as the leader in that House of the party in opposition to the government having the greatest numerical strength. Therefore, a person who is the leader of the greatest numerical strength is to be declared as a Leader of Opposition
• Importance of office
• As Leader of the Opposition in the 15th LokSabha, Lok Sabha, Sushma Swaraj had objected to the appointment of PJ Thomas as CVC as he was mentioned in the palmolein case, though he later got a clean chit. Her dissent note played a role in the UPA government rethinking its decision and annulling his appointment.
• Leader of Opposition is the member of following committees related to appointment of important constitutional and statuary offices.
• Central Vigilance Commission
• Committee to appoint the members of CVC includes Prime Minister , home minister , leader of opposition in Lok Sabha. However CVC Act 2003 states that, if no LoP then leader of single largest party can be made part of the Committee and  same act also says if vacancy in Committee, still appointment can be done.
• Chief Information Commissioner
• Committee to appoint members of CIC includes Prime Minister, a union minister and leader of opposition. However RTI Act specify s “leader of the single largest party in the Lok Sabha” and does not talk about percent requirement
• National Human Rights Commission
Committee to appoint the members of the NHRC includes Prime minister, speaker of Lok Sabha, deputy chairman and chairman of Rajya Sabha and leader of opposition is Lok Sabha and Rajya Sabha. As per Protection of Human rights act 1993- if vacancy in Committee, still appointment can be done.
• Lokpal
• Prime Minister, Chief Justice of India, speaker of Lok Sabha and leader of Lok Sabha along with an imminent jurist .Even here, if vacancy in Committee, still appointment can be made as per Lokpal Act 2013.
• National Judicial Appointment Commission
• CJI , two judges of Supreme court , law minster and two eminent jurist. The two eminent jurist would be selected on the recommendation of a consisting of PM, CJI,  leader of opposition in Lok Sabha.

c. Right to Life
• The Constitution of India provides Fundamental Rights under Chapter III
• These rights are guaranteed by the constitution and is enforceable in the court of law. One of these rights is provided under article 21 which reads as follows:-
• Article 21. Protection Of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.
• The object of the fundamental right under Article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law.
• Not a restricted meaning
• Another important point to be noted is that Right to Life means the right to lead meaningful, complete and dignified life. It does not have restricted meaning. It is something more than survivingor animal existence.
• History of interpretation
• The scope of Article 21 was a bit narrow till 50s as it was held by the Apex Court in A.K.Gopalan vs State of Madras that the contents and subject matter of Article 21 and 19 (1) (d) are not identical and they proceed on total principles. In this case the word deprivation was construed in a narrow sense and it was held that the deprivation does not restrict upon the right to move freely which came under Article 19 (1) (d). at that time Gopalans case was the leading case in respect of Article 21 along with some other Articles of the Constitution, but post Gopalan case the scenario in respect of scope of Article 21 has been expanded or modified gradually through different decisions of the Apex Court and it was held that interference with the freedom of a person at home or restriction imposed on a person while in jail would require authority of law. Whether the reasonableness of a penal law can be examined with reference to Article 19, was the point in issue after Gopalans case in the case of Maneka Gandhi v. Union of India , the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable one. Article 21 imposed a restriction upon the state where it prescribed a procedure for depriving a person of his life or personal liberty.
• This view has been further relied upon in a case of Francis Coralie Mullin v. The Administrator, Union Territory of Delhi and others as follows:
• Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. The law of preventive detention has therefore now to pass the test not only for Article 22, but also of Article 21 and if the constitutional validity of any such law is challenged, the court would have to decide whether the procedure laid down by such law for depriving a person of his personal liberty is reasonable, fair and just. In another case of Olga Tellis and others v. Bombay Municipal Corporation and others , it was further observed : Just as a mala fide act has no existence in the eye of law, even so, unreasonableness vitiates law and procedure alike. It is therefore essential that the procedure prescribed by law for depriving a person of his fundamental right must conform the norms of justice and fair play. Procedure, which is just or unfair in the circumstances of a case, attracts the vice of unreasonableness, thereby vitiating the law which prescribes that procedure and consequently, the action taken under it.As stated earlier, the protection of Article 21 is wide enough and it was further widened in the case of BandhuaMuktiMorcha v. Union of India and others in respect of bonded labour and weaker section of the society.
• Article 21 assures the right to live with human dignity, free from exploitation. The state is under a constitutional obligation to see that there is no violation of the fundamental right of any person, particularly when he belongs to the weaker section of the community and is unable to wage a legal battle against a strong and powerful opponent who is exploiting him. Both the Central Government and the State Government are therefore bound to ensure observance of the various social welfare and labour laws enacted by Parliament for the purpose of securing to the workmen a life of basic human dignity in compliance with the directive principles of the state policy.
• The meaning of the word life includes the right to live in fair and reasonable conditions, right to rehabilitation after release, right to live hood by legal means and decent environment. The expanded scope of Article 21 has been explained by the Apex Court in the case of Unni Krishnan v. State of A.P. and the Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below:
• The right to go abroad.
• The right to privacy.
• The right against solitary confinement.
• The right against hand cuffing.
• The right against delayed execution.
• The right to shelter.
• The right against custodial death.
• The right against public hanging.
•  Doctors assistance
• It was observed in UnniKrishnans case that Article 21 is the heart of Fundamental Rights and it has extended the Scope of Article 21 by observing that the life includes the education as well as, as the right to education flows from the right to life.
• As a result of expansion of the scope of Article 21, the Public Interest Litigations in respect of children in jail being entitled to special protection, health hazards due to pollution and harmful drugs, housing for beggars, immediate medical aid to injured persons, starvation deaths, the right to know, the right to open trial, inhuman conditions in aftercare home have found place under it.
• Through various judgments the Apex Court also included many of the non-justifiable Directive Principles embodied under part IV of the Constitution and some of the examples are as under:
•  Right to pollution free water and air.
•  Protection of under-trial.
• Right of every child to a full development.
• Protection of cultural heritage.
• Maintenance and improvement of public health, improvement of means of communication, providing human conditions in prisons, maintaining hygienic condition in slaughter houses have also been included in the expanded scope of Article 21. This scope further has been extended even to innocent hostages detained by militants in shrine who are beyond the control of the state.
• The Apex Court in the case of S.S. Ahuwalia v. Union of India and others it was held that in the expanded meaning attributed to Article 21 of the Constitution, it is the duty of the State to create a climate where members of the society belonging to different faiths, caste and creed live together and, therefore, the State has a duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardized or endangered. If in any circumstance the state is not able to do so, then it cannot escape the liability to pay compensation to the family of the person killed during riots as his or her life has been extinguished in clear violation of Article 21 of the Constitution. While dealing with the provision of Article 21 in respect of personal liberty, Hon'ble Supreme Court put some restrictions in a case of Javed and others v. State of Haryana , AIR 2003 SC 3057 as follows: at the very outset we are constrained to observe that the law laid down by this court in the decisions relied on either being misread or read divorced of the context. The test of reasonableness is not a wholly subjective test and its contours are fairly indicated by the Constitution. The requirement of reasonableness runs like a golden thread through the entire fabric of fundamental rights. The lofty ideals of social and economic justice, the advancement of the nation as a whole and the philosophy of distributive justice- economic, social and political- cannot be given a go-by in the name of undue stress on fundamental rights and individual liberty. Reasonableness and rationality, legally as well as philosophically, provide colour to the meaning of fundamental rights and these principles are deducible from those very decisions which have been relied on by the learned counsel for the petitioners.
• The Apex Court led a great importance on reasonableness and rationality of the provision and it is pointed out that in the name of undue stress on Fundamental Rights and Individual Liberty, the ideals of social and economic justice cannot be given a go-by. Thus it is clear that the provision Article 21 was constructed narrowly at the initial stage but the law in respect of life and personal liberty of a person was developed gradually and a liberal interpretation was given to these words. New dimensions have been added to the scope of Article21 from time to time. It imposed a limitation upon a procedure which prescribed for depriving a person of life and personal liberty by saying that the procedure which prescribed for depriving a person of life and personal liberty by saying that the procedure must be reasonable, fair and such law should not be arbitrary, whimsical and fanciful. The interpretation which has been given to the words life and personal liberty in various decisions of the Apex Court, it can be said that the protection of life and personal liberty has got multi dimensional meaning and any arbitrary, whimsical and fanciful act of the State which deprived the life or personal liberty of a person would be against the provision of Article 21 of the Constitution.

d.  Uniform Civil Code
• Presence of multiplicity of family laws.
• The Christians have their Christians Marriage Act 1872, the Indian Divorce Act, 1869 and the Indian Succession Act, 1925.
• The Jews have their uncodified customary marriage law and in their succession matters they are governed by the Succession Act of 1925.
• The Parsis have their own Parsi Marriage and Divorce Act, 1936, and their own separate law of inheritance contained in the Succession Act which is somewhat different from the rest of the Succession Act.
• Hindus and Muslims have their own separate different from the rest of the Succession Act. Hindus and Muslims have their own separate persona laws. Hindus law has by and large been secularized and modernized by statutory enactments. On the other hand Muslim law is still primarily unmodified and traditional its content and approach.
• The law is communal insofar as each community or religious group has its own distinct law to govern domestic relations. It is also personal insofar as each person carries his own aw wherever he goes in India. The family law is partly statutory and partly non-statutory. The present-day family law is thus a maze. There in no lex loci in India in matters of marriage, succession and family-relations. Thus is very confusing.
• With a view to achieve uniformity of law, its secularization and making it equitable and non-discriminatory, the Constitution contains Art.44 of the Directive Principles of State Policy which runs as follows; "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India".
The Common Civil Code: Constitutional Aspect-
Article 44 of the Constitution of India requires the State to strive to secure for its citizens a Common Civil Code throughout India.
• Merits Of Uniform Civil Code:
• If a Common Civil Code is enacted and enforced:
• It world help and accelerate national integration;
• Overlapping provisions of law could be avoided;
• Litigation due to personal law world decrease;
• Sense of oneness and the national spirit would be roused, and
• The country would emerge with new force and power to face any odds finally defeating the communal and the divisionist forces.
• Israel, Japan, France and Russia are strong today because of their sense of oneness which we have yet to develop and propagate.
India has set before itself the ideal of a secular society and in that context achievement of a uniform civil code becomes all the more desirable such a code will do away with diversity in matrimonial laws, simplify the Indian legal system and make Indian society more homogeneous. It will de-link law from religion which is a very desirable objective to achieve in a secular and socialist pattern of society. It will create a national identity and will help in containing fissiparous tendencies in the country .The uniform civil code will contain uniform provisions applicable to every one and based on social justice and gender equality in family matters.
According to the Committee on the Status of Women in India : "The continuance of various personal laws which accept discrimination between men and women violate the fundamental rights and the Preamble to the Constitution which promises to secure to all citizens "equality of status, and is against the spirit of natural integration". The Committee recommended expeditious implementation of the constitutional directive in Art 44 by adopting a Uniform Civil Code.
Approach Of The Judiciary:
The Supreme Court for the first time, directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum , popularly known as the Shah Bano case, In this case, a penurious Muslim women claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him. The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. The Court also held that Article 44 of the Constitution has remained a dead letter. The then Chief Justice of India Y. V. Chandrachud observed that,
"A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies"
After this decision, nationwide discussions, meetings, and agitation were held. The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of criminal Procedure. The explanation given for implementing this Act was that the Supreme Court had merely made an observation for enacting the UCC; not binding on the government or the Parliament and that there should be no interference with the personal laws unless the demand comes from within.
Finally, the Supreme Court has issued a directive to the Union of India in Sarla Mudgal v. Union of India to " endeavour" framing a Uniform Civil Code and report to it by August, 1996 the steps taken. The Supreme Court opined that: "Those who preferred to remain in India after the partition fully knew that the Indian leaders did not believe in two- nation or three ""nation theory and that in the Indian Republic there was to be only one nation- and no community could claim to remain a separate entity on the basis of religion".
It is, however, to be noted what the Supreme Court expressed in Lily Thomas case . The Court said that the directives as detailed in Part IV of the Constitution are not enforceable in courts as they do not create any justiciable rights in favour of any person. The Supreme Court has no power to give directions for enforcement of the Directive Principles. Therefore to allay all apprehensions, it is reiterated that the Supreme Court had not issued any directions for the codification of a Common Civil Code.
The Supreme Court's latest reminder to the government of its Constitutional obligations to enact a UCC came in July 2003 , when a Christian priest knocked the doors of the Court challenging the Constitutional validity of Section 118 of the Indian Succession Act. The priest from Kerala, John Vallamatton filed a writ petition in the year 1997 stating the Section 118 of the said Act was discriminatory against the Christians as it imposes unreasonable restrictions on their donation of property for religious or charitable purpose by will. The bench comprising of Chief justice of India V.N.Khare, Justice S.B. Sinha and Justice A.R. Lakshamanan struck down the Section declaring it to be unconstitutional. Chief justice Khare stated that,
"We would like to State that Article 44 provides that the State shall endeavour to secure for all citizens a uniform civil code throughout the territory of India it is a matter of great regrets that Article 44 of the Constitution has been given effect to. Parliament is still to step in for framing a common civil code in the country. A common civil code will help the cause of national integration by removing the contradictions based on ideologies".
Thus, as seen above, the apex court has on several instances directed the government of realize the Directive Principle enshrined in our Constitution and the urgency to do so can be inferred from the same.
Common Civil Code: Need Or No Need?
The four cases of, Shah Bano Begum , Mary Roy , National Anthem and Sarla Mudgal , expose the domination of religion over a community be it Muslim, Syrian Christian or Jehovites. It is a tyranny of the minority over majority. The unity of India would be at stake if religion is allowed to tighten its grip over Indian society. We have been a Sovereign Socialist Secular Democratic Republic and the State has no religion; it favours none and is a foe to none. Humanism is our creed and a Common Law for all Indian is our ideal. We believe and subscribe to rule of law and it is only a Common Civil Code that would help establish the rule of law. It is the panacea for all our ills.
Dr.Ambedkar, the principal architect of the Indian Constitution was of the view that the provision relating to a uniform civil code should be included in the fundamental rights chapter and thus should be made justifiable. However, on the point whether the same should be the committee was divided. Rajkumari Amrit Kaur, M.R. Masani and Hansa Mehta wrote in a dissenting note "We are not satisfied with the acceptance of a Uniform Civil Code as an ultimate social objective. One of the factors that has kept India back from advancing to nationhood has been the existence of personal laws based on religion which keeps the nation divided into water-right compartments in many aspects of life.... a uniform civil code should be guaranteed to the Indian people of five to ten years".

e. Group Rights given by the Constitution of India
While individual liberty and its rights has been guaranteed by the constitution of India through host of legally enforceable fundamental rights, rights of the groups have been also given due importance through various provisions in the constitutions.
Right to Freedom of Religion
25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making
any law—
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
26. Subject to public order, morality and health, every religious denomination or any section thereof shall have
the right—
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion; Prohibition of employment of children in factories, etc. Freedom of conscience and free profession, practice and propagation of religion. Prohibition of traffic in human beings and forced labour. Freedom to manage religious affairs.
13(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
27. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
28. (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Cultural and Educational Rights
29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
30. (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
1 [(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a  minority, Freedom as to payment of taxes for promotion of any particular religion. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Protection of interests of minorities. Right of minorities to establish and administer educational institutions.
14referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]
(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

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12. The body that replaces the planning commission must be built on the strengths of existing one as it addresses the many existing deficiencies
Prime Minister Narendra Modi in his Independence Day speech hinted at the abolishing of the planning commission. Since then debate over the utility, flaws and alternative to the planning commission has been started.
The Planning Commission performed the following functions
 a. Preparation of the Plan Document
b. Allocation of funds between: (a) states and centre; and (b) central ministries
c.  Appraisal of all expenditures of the central ministries
d. Mediating between states and central government
e.  Providing independent opinion on all project/ programme proposals of central ministries
f.  Monitoring progress of central government schemes
g. Mediating between central ministries on issues of a crosscutting nature
•  In view of the above; functions which need to continue to be performed  and retained in the new institution and which can be located in other existing bodies are as follow
• . The allocation of all funds between the states and the centre should be largely handed over to the Finance Commission, which needs to be a permanent body (with membership regularly rotated) instead of being periodically appointed. The mandatorily appointed State Finance Commissions (often disregarded or rendered dysfunctional in reality) should decide on allocations between the state government, panchayats and municipal bodies, and should be institutionally linked up with the national Finance Commission.
• The negotiations and deliberations on inter-state issues (including allocations) should be done at the Constitution–mandated Inter-state Council (already in existence since 1990), suitably rejuvenated. This body is the appropriate forum for meaningful discussions on the ‘federal structure’. The permanent Finance Commission should have regular interchange with this Council before announcing their periodic allocations.
• The allocation of funds between central ministries should be the responsibility of the Ministry of Finance.
• Appraisal of expenditures and evaluation of programmes should be done by a permanent Expenditure Commission in collaboration with a permanent Independent Evaluation Office.

• New functions that should be performed by the new institution.
• Nostalgia for the glory days of the Planning Commission or the largely false cliché that a market economy does not need planning should both be avoided. A statutory body replacing the Planning Commission should be called something like the Long-Term Development Commission (LTDC). Its main functions will be to:
• study the long-term investment goals of different sectors of the economy in terms of a coherent framework of the economy as a whole;
• sort out inconsistencies and trade-offs in moving towards such goals;
• work out the modalities of balancing conflicting objectives for large projects — for example, how to reconcile the often conflicting needs of high growth, environmental challenges, job creation, macroeconomic stability, Keeping the rise in social, economic and regional inequalities in check, etc.;[Let me elaborate a bit on this need for balancing with an illustration. Caught in the cross-fire between corporate lobbies, real estate and mining tycoons on the one hand and social activists and judiciary on the other, in recent years official land and environmental clearances for infrastructure and other development projects have become extremely slow, non-transparent or erratic (lurching from one side to the other — in the current regime the signs are that it’ll now lurch to one extreme). Under the circumstances it is imperative to have an expert body, beholden to neither side, which will carefully and transparently examine the merits and demerits on both sides and come to a balanced assessment of the social costs and benefits for each major project and make that assessment publicly available.
• formulate ‘indicative’ 20-year plans on issues particularly requiring broad long-term visions — like those relating to the looming problems of energy, water, urban infrastructure and climate change; and,
• work on the conceptual and design problems of a coordinated and comprehensive programme for social protection for the citizens.

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 13. Trace the failures and successes of Human Rights movements in India and underline the multiple challenges it faces today.
• Though formidable antecedents of the protection and promotion of human rights may be traced to the ancient literature and life of the people, the foundations of the modern human rights movement seem to have been laid in India only during the course of the anti-colonial struggle. In fact,
•  In order to provide for a holistic critique of colonialism in the country, the leaders of the national movement found it convenient to denounce the British government in India for its utter disregard even to the basic human rights of the Indians while trying to perpetuate the colonial rule in the country.
• In the post-independence times, despite having one of the most elaborate exhibition of the fundamental human rights of the people, the operationalization of the human rights in the country became quite problematic. Owing to certain inherent contradictions in the socio-economic system of the country, a large number of people found themselves out of the reckoning to enjoy even the basic human rights guaranteed to the citizens of India.
•  While the archaic and exploitative socio-economic system continued to permit the exploitation of one section of society at the hands of the few, any radical move on the part of the marginalized people to either seek their dues in the socio-economic and political life of the country or claim preferential treatment by the government in order to ameliorate their conditions met with stiff resistance not only by the vested interests of the society but also by the Indian state on numerous occasions.
•  Over the years, the history of human rights movement in India has turned out to be a chronicle of the civil society initiatives in securing for the marginalized, exploited and politically persecuted people their due share and respectful place in socio-economic and political system of the country even in the face vehement resistance of the vested sections of the society and the government.
• Vedic literature eloquently proclaims the equality of all human beings and calls for the fostering of the sense of fraternity amongst them all. Moreover, it reiterates the equal claims of the human beings on the basic life supporting amenities like food, water, air and shelter and professes an egalitarian and fulfilling social order by calling for the ideal of ‘Sarve Bhavantu Sukhinah’ across the board. The essence of the human rights in the ancient times seems to lie in the timeless concept of Dharama (righteousness) which denotes the loftiest ideal underpinning the whole notion of good life for the people.
• In modern times, the genesis of the human rights movement in India may be traced to the colonial period. The long years of throttling and dehumanizing colonial rule has ensured that the majority of Indians remain oblivious to the ideas of human rights, respect for common people and enjoyment of a dignified life by all even as late as 1820s.
• The pioneering efforts leading to the eventual germination of the human rights movement in India appeared to have come from the relentless social reformer Raja Rammohan Roy. Having strong critical faculties right from his childhood, Rammohan Roy’s powerful training in the Indian scriptures on the one hand, and his deep erudition of English moral and political literature on the other, ingrained in him a unique blend of critique and creation on almost everything obscurantist and anti-liberal in Indian society and polity.
• Consequently, Ram Mohan Roy became one of the bitterest critics of the redundant religious rituals denigrating the human rights of all the people in general, and those of the women in particular. Advancing a well-reasoned plea for the abolition of the cruel and inhuman practices like Sati, he presented a comprehensive outline of reforms to ameliorate the conditions of women in India. He decried the general environment of violence against the rights of women and called for eradicating all such social practices like polygamy, child marriage,devadasi system etc. which appeared to have denigrating effect on the dignity and respect of women. Moreover, providing creative solutions to the problems facing women in India, he advocated a number of progressive measures like widow remarriage, equal rights of women to property.
• In the realm of socio-religious reform movements, Bengal happens to be the pioneering state. Drawing upon the lead given by the torch-bearers of European Renaissance in India like William Carey and Joshua Marshman, the social reformers like Raja Rammohan Roy and Ishwar Chandra Vidyasagar waged relentless struggle for upliftment in the social status of certain sections like women.
• The social reformers in Bengal received immense support and help from a number of western social reformers and educationists such as David Hare, Sister Nivedita and Darezio, as also certain humanist British officials like Governor-General Lord William Bentick in getting their efforts eventually bearing fruit.
• The portents of the future shape of human rights in independent India became obvious with the context in which the Constituent Assembly set on to fine-tune the provisions on fundamental rights of the people.
• The foundational fetters of the Constituent Assembly, including the historical factors conditioning its origin like the limited social base, vortex of partition and concomitant clamouring amongst various princely states for independence, etc. went a long way in determining the broad contours of thinking of the Assembly on the issue of fundamental rights.
• Hence, despite the liberal moorings of the members of the Constituent Assembly, the circumstantial dynamics constricted the deliberations of the Assembly so much so that it could not resolve on anything other than a strong governmental apparatus even at the cost of the basic human rights of the people.
• The agenda of nation building, national security and the unity and integrity of the nation was so overbearing in the minds of the framers of the Constitution that they could not rise above the routine offerings to the people by way of the fundamental rights. What was however heartening was that not only draconian provisions like those of ‘preventive detention’ were introduced, even the routine fundamental rights were placed so much of ‘reasonable restrictions’ that any government would have find a reasonable cause to put restrictions on the enjoyment of such rights.
• While the constitution making process was underway in India, an international event of profound significance took place in December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Though the adoption of the UDHR had its own political underpinnings, reflecting the existing reality of the time in terms of ensuing cold war, it gave new impetus to the human rights movement in the newly independent countries like India. The Declaration, in a very subtle manner, morally, if not materially, impressed upon most of the countries to have a comprehensive framework of human rights for people in their constitutions on the pattern presented in the UDHR. Consequently, almost all the countries, including those not very anxious to have human rights as defining feature of their political system, found it somewhat compelling to not only sign the UDHR but also make matching arrangement in their own laws or constitutions to reflect the ethos of the Declaration. In such propitious circumstances, the task of the constitution makers in India became more daunting keeping in mind the requirements of the UDHR on the one hand, and the imperatives of the national unity and integrity on the other.
• Arguably, the most formidable assault on the human rights of the people came in the wake of the imposition of national emergency in the country by the government of Mrs. Indira Gandhi in June 1975. With most of democratic institutions and liberal laws in the country under suspension, the brutality of the governmental machinery resulted into one of the most comprehensive and flagrant violations of the human rights of the people in the history of India. However, the unbridled and revengeful repression actions of the government paved the way for the emergence of equally determined and democratic associations in various parts of the country to take up the cudgels on behalf of those whose human rights were violated during the 1975-77. Under the leadership of certain die hard democrats, the bodies like the Peoples Union for Democratic Rights (PUDR) and the People’s Union for Civil Liberties (PUCL) became the leading organizations putting up a brave and effective front to defend the human rights of the people in the face of growing wrath of the state machinery against the human rights of one and A unique dimension of the human rights movement in India appears to be its diversification into hitherto unchartered domains due mainly to the felt needs of time. In other words, as and when, some public minded person noticed the violations of some rights of the people, he or she volunteered to take up the cudgels on behalf of the victims. The pioneering role in this regard has been played by Sundarlal Bahuguna who launched the Chikpo Movement in the hills of Garhwal during 1980s for the protection and promotion of the inherent rights of the natives in the forest resources of the region. The movement not only thwarted the sinister government backed designs of the unscrupulous merchants to infringe upon the rights of the natives, it also brought about an electrifying consciousness in the minds of the people to be ever vigilant for the protection and enjoyment of their rights. The example set by the Chipko Movement later gave inspiration to other crusaders like Medha Patkar to begin the Narmada Bachao Andolan, Aruna Roy to start the campaign for the Right to Information to the people, B.D. Sharma to fight for the cause of the rights of the tribals of Bastar region. The cumulative impact of all such movements has resulted into broadening of the domain and deepening of the ethos of human rights movement in the country.
• A plausible product of the human rights movement, which has also added a new vigour in the movement, seems to be the emergence of the concept of ‘Public Interest Litigation’ (PIL). It evolved in the wake of a petition filed in the Supreme Court by the Delhi chapter of People’s Union for Democratic Rights on behalf of the unorganized workers hired by the private contractor, demanding the implementation of the provisions of the Minimum Wages Act, by the government. The decision of the Supreme Court in this case afforded some sort of legal sanctity to the efforts of the human rights groups in fighting for the cause of the protection and promotion of the rights of the helpless and vulnerable sections of society. Moreover, it has motivated a number of people seeking judicial recourse to set the things right for the rights of the people. For instance, the efforts of H.D. Shouri through his NGO ‘Common Cause’ to protect the rights of the consumers, and the attempts by Lawyer M.C. Mehta and the NGO ‘Centre for Science and Environment’ (CSE) to get solutions to the environmental problems of Delhi are illustrative of the utility of PIL as a formidable instrument in the hands of the individual and organizations to get the rights of people protected.
• Another remarkable highpoint in the efforts of the human rights organizations came when the government of India decided to set up the National Human Rights Commission (NHRC) in 1993. Interestingly, though a number of statutory commission and institutions existed for the protection and promotion of the rights of certain sections of society like Scheduled Castes and Scheduled Tribes, it was realized that such bodies neither have the mindset nor logistical support to effectively protect the rights of even their target groups.
• Issues and Challenges of Human Rights Movement
• The onward march of the human rights movement in India carries its own share of issues and challenges that remain critical in shaping the future course of action for the same. The newer aspects of the movement seem to emanate from two interrelated underlining features of the human rights movement getting prominence from the decade of 1990s. First, with the deepening of democracy on the one hand, and concomitant intrusion of state/individual actors into the hitherto untouched areas like commercial ventures in the coastal areas, rising level of environmental pollution in the metro cities, acquisition of land for industrial development form the unwilling farmers etc. have provided the propitious circumstances for the proliferation of human rights groups in most of the areas. Second, the growing professionalization of the human rights movement with the advent of numerous non governmental organizations has raised doubts about the pious objectives with which the human rights movement was started in the country even before the dawn of independence.
• As a result of the complex and rapid churning taking place in the socio-economic and political sphere of pubic life, a number of dislocations are introduced in the lives of the people. With ostensible purpose of providing support to the distressed people, the so called human rights bodies are proliferating in almost all walks of public life. Thus, the question of the legitimate domain of the human rights bodies becomes apparent. For example, with the rising threat of terrorism to all the people, the security agencies find themselves in the dilemma of either taking stern action against the perpetrators of such crime which would, to some extent, entails restrictions on the enjoyment of the rights of the people, or just remain silent spectator to the specter of crimes against humanity being perpetrated by the terrorist groups. In nutshell, the human rights movement has to respond to the charge that the human rights groups are oversensitive to the acts of violations by the state agencies but turns a blind eye to the heinous crimes being committed by the terrorist organizations.
• Another challenge having a deep impact on the working of the human rights groups in the country pertains to the adequacy of organizational structure and functional professionalism needed for the efficient and effective performance of their functions. With the rapid rise in the number of human rights bodies, sometimes happening to be one man army itself, it becomes pertinent to look into the issues of organizational structure and functional vibrancy of these bodies. For instance, there appears need for some sort of basic infrastructural facilities and functional skill enhancement for the human rights bodies so that they are able to discharge their functions of acting as watchdog for the protection and promotion of human rights of the people effectively.
• In the contemporary times, a subtle threat to the sanctity and respect to the human rights bodies seems to have come from the growing cases of corruption and misappropriation of funds by few such bodies. Though, undoubtedly, most of the human rights organizations in the country grew out of the missionary zeal of their founders to work selflessly and sometimes even by spending money from ones own pocket, it is alleged that the same things no longer remain true to the mushrooming number of human rights NGOs. Today, a number of human rights bodies have been charged with coming into existence to provide a lucrative career option to its founder. Moreover, having remained into existence for a few years as crusaders for the cause of human rights, many of such bodies turn into money minting machine for their custodians, keeping in mind the huge amount of money coming in the form of grants and financial assistance to these NGOs. Hence, it is of utmost importance that the human rights NGOs remain rooted to the missionary spirit of the old times rather than turning out to be career option and money minting machine for their promoters.
• The human rights movement also faces the challenge of taking a balanced view of the things in cases where the vital interests of society at large seem to be at stake in face of the opposition being mounted by the miniscule people. This assertion becomes not truer in other cases as in the cases of socio-economic development of a particular region or sections of people. For instance, the opposition to a number of projects like Singur in West Bengal, no doubt, emanate from the callousness of the government to look into the issues of the displaced people seeking adequate compensation and rehabilitation. However, the resistance to such projects by the human rights groups should focus only upon the redressal of the genuine grievances of the people by the government as well as the promoters of the projects. Having secured the protection of the legitimate grievances of the people, the human rights groups need to afford space to the government to effect substantial economic gains for the people of region and outside as well.
• Finally, with the installation of a number of governmental agencies like the National Human Rights Commission, State Human Rights Commissions, the National Commissions for Women, Minorities etc, for the ostensible purpose of promoting and protecting the human rights of their targeted people, the human rights movement in the country is likely to face the challenge of retaining their credibility as well as exposing the dysfunctionalities of these bodies. It will be quite obvious now that the cases of violations of human rights would be reported to these bodies. After investigation and assessment of facts, the commissions are likely to give their verdict on the matters which on certain occasions are likely to be against the complainant or the victim. In such cases, the human rights bodies would need to exercise extra caution in highlight the other part of the story because the verdict of the governmental commission is also likely to carry credibility in the eyes of the people. Therefore, in order to keep their credibility intact, the human rights NGOs must put forth their case with irrefutable evidence and keeping the public good in mind. However, this must not dissuade these NGOs to become a passive recipient of the verdicts given by one or the other governmental commission. If they find that the governmental machinery seems to have failed to address the issues of the violations of the human rights adequately, they must carry out their own investigations and put before the public the real facts and issues of the case. Thus, in the form of the governmental agencies, the human rights bodies have found a sort of competitor in espousing the cause of promotion and protection of human rights in the country.

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14. Evaluate the position of Lok Sabha and Rajya Sabha in India’s Parliamentary Democracy? Suggest some urgent parliamentary reforms to arrest the decline of Parliament?
Lok Sabha and Rajya Sabha two houses of the Indian parliament have different powers vested to them. In a parliamentary democracy the popular houses is more powerful and vested with wider authority and power and same is with Lok Sabha.
Comprasions between the two houses can be made in following respecrs.
2. Cabinet Responsibility:
One of the most important factors which makes the Lok Sabha more important than the Rajya Sabha is cabinet responsibility. The members of the Council of Ministers at the centre are responsible to the Lok Sabha and not to the Rajya Sabha. If the government loses majority in the Rajya Sabha, it is bad for the government.
This will be considered a political defeat for the government. But the government will not be required to resign. However, the government will have to resign if it loses a vote of confidence in the Lok Sabha.
3. Financial Power:
In democracies, the popular House is normally given more powers in financial matters and in this respect India is not an exception. In India, the Money Bill can be introduced only in the Lok Sabha; it cannot be introduced in the Rajya Sabha.
After a Money Bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for its consideration. Within 14 days, the Rajya Sabha has to return the bill. If it is not returned to the Lok Sabha within 14 days, it will be deemed to have been approved by the Rajya Sabha.
4. Amendment:
In other matters like impeachment, constitutional amendment and approval of proclamation of emergencies etc. both Houses enjoy equal powers. But even in these matters, the Lok Sabha has an in built advantage over the Rajya Sabha. This is due to the provision of joint sitting for resolving any conflict between the two Houses on any matters other than Money Bills.
5. Joint Session:
If there is disagreement between the Lok Sabha and the Ra Sabha, on any bill other than a Money Bill, then the two Houses are required to sit joint to resolve the conflict and in a joint sitting, the decision would be taken by simple majority. The Lok Sabha, having more members, would prevail over the Rajya Sabha in such ma of conflict between the two Houses.
6. Special powers of Rajya Sabha:
The Rajya Sabha, however, has three special powers. First, according to Article 249, the Rajya Sabha has power to authorize Parliament to make law on the State List if it feels that such legislation is necessary national interest. Second, by a resolution supported by not less than two-thirds of the members present and voting, it can authorize the Parliament, to create one or more Al India Service, if that is necessary in national interest (Article 312). Third, for the removal of the Vice-President of India, the action has to be initiated by the Rajya Sabha.
A resolution for the removal of the Vice-President has to be passed first by the majority of the members of the Rajya Sabha. If it is then adopted by the Lok Sabha, the Vice-President stands removed. These three exclusive powers, vested in the Council of States, give it some advantage, but, in the overall context, the Lok Sabha is clearly superior to the Rajya Sabha The Lok Sabha enjoys more influence and prestige than the other House of the Parliament
7. Miscellaneous Powers:
(a) Both houses have equal powers in respect impeachment, amendment of constitution and approval of emergency proposal, (b) The members of both houses take part in the election of President of India, and in the election of Vice-President of India, (c) The members of both houses work together in some Parliamentary committees including the Public Accounts Committee.
Nehru, India's first Prime Minister, did not like the view, believed to be true by man that the Lok Sabha is superior to the Rajya Sabha. He called this view erroneous. I considered both Houses of the Parliament equal except on some financial matters. He perhaps right insofar as the theory is concerned. But, in practice, the higher status enjoy by the Lok Sabha is quite evident.

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15 How environmental movements in India differ from that in West? What are the strengths and weakness of India’s environment movements?

• Context to the environmental movements in India is provided provided by the wide-ranging struggles over natural resources. The conflicts has essentially been between social groups who have gained from economic development while being insulated from ecological degradation and poorer and relatively powerless groups such as small peasants, pastoral nomads, tribal and fishing communities whose livelihood have been seriously undermined through a combination of resource flows biased against them and a growing deterioration of the environment.
• While in the west environmental movements was part of the greater concerns for the ecological issues in India it was essentially related to livelihood concerns. According to Madhav Gadgil and Ramachandra Guha, the origins of these conflicts lie in the process of development itself.
• In India, as stated above environment movement started due to conflicts over the control of natural resources.
• Chipko movement can be understood as a conflict between economy of subsistence pitted against economy of profit.
• According to Ramchandra Guha in his book Unquiet Woods, villagers in the himalyan foothills rallied together to save the oak and rhodendron forests near their villages. When government forest contractors came to cut down the trees, villagers, including large number of women, step forward to hug the tries to prevent it from being felled. At the stake was the livelihood of poor villagers as they relied on the forests to get firewood, fodder and other daily necessities.
• Later, with the awarenwss of ecological drgradation, several NGOs started working for environment protection making the shift in the region behind the movement.
• However, the popular movement like Narmada Bachao Andolan and Chipko has been essentially centered around the issue of subsistence and displacement and not larger environmental concerns.  

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16. Discuss the evolution of the institution of Prime Minster of India since Nehru
The approach of this answer should be discuss about the prime minister with reference to their personality, how it shaped their polices and decisions. Nehru was a towering figure from the Indian national movement with huge mass appeal and socialist leaning. His belief in the goodwill and capacity of the international institutions pushed him to take the Kashmir issue to the United Nations. Nehru’s decision of taking Kashmir issue to the Security Council has been focal point of his criticism. As the Nehru was an undisputed leader of Independent India his office assumed unparallel prestige and power. The only challenge he had was from home minister Sardar Patel who was instrumental behind the reorganization of the state and was equally important leader of national movement. However after his death Nehru was the sole leader and his office had most of the power.
L B Shastri in his short stint as PM brought great prestige to the office through his mild-mannered and soft-spoken personality tackled many domestic issues quite competently like language issue in Medras. His biggest contribution to the sphere of economy was promotion of  White Revolution – a national campaign to increase the production and supply of milk – by supporting the Amul milk co-operative of Anand, Gujarat and creating the National Dairy Development Board. Underlining the need to boost India's food production. Shastri also promoted the Green Revolution. Though he was a socialist, Shastri stated that India cannot have a regimented type of economy. His tenure brought immense dignity and prestige to the office of PM. Shastri was known for his consensus based decision making. His cabinet worked as a team of near equals. 
Indira Gandhi through her charismatic personality pro-poor outlook attracted huge mass support. Her authority was based on Weberian notion of charismatic leadership. However his tenure also witnessed most tumultuous phase in India democracy. Imposition of emergency in 1975 which continued till 1977 and her persistent conflict with judiciary brought the prestige of the PM’s office to all time low. Informal institutions like kitchen cabinet was institutionalized in her regime along with committed bureaucracy. However her stand and role in Bangladesh liberation was won her praise even from the opponents and her office assumed great power. Her decision for nuclear test also reflected her strong leadership credential and increased the office of the PM.
Morarji Desai and Charan Singh
Morarji was custodian of conservative politics he can be a credited with the achievement of re-establishing civil liberties, freedom of press and rule of law which was restricted during emergency. Charan Singh was known for his stubborn and over ambitious personality
Rajiv Gandhi who was a prime minister not by choice but by circumstances. His developmental policies and progressive ideas was appreciated. Be it pitching for anti-defection law raising the age of voting or compulsory education all, his policies was dictated by the vision of a new India who is to play an important role in the new century. His honest efforts got him the title of ‘Mr Clean, and his support for telecommunication revolution is appreciated till date. His support for technocrats like Sam Pitroda is well known. In his time office of PM was related to progressive ideas and development. The office of PM evolved into an agency for propelling development However Bofors scandal and his decision in Shah Bano case also tarnished the image of the office.
The two-year Janata government had two witnessed prime ministers and is remembered for some important Constitutional amendments which restored suppression of power and judicial review bulwark of democratic state.  
Chandrashekhar government was short-lived and the PM office did not witness any major revolution.
P V Naramsimha Rao government unleashed economic reform that ushered India into globalised era and dismantled the license permit raj.
Deve Gowda  and I K Gujral
Both had a short stint as the PM and the office of PM did not witness any major evolution
NDA government under Atal Bihari Vajpayee brought decisiveness and prestige back to the office of PM. Pokharan test of  1998, victory in Kargil war, new economic reforms, like disinvestment of public sector units, were the major achievements of NDA rule.
Office of PM during UPA-Manmohan Singh regime came under sharp criticism for lacking the real power. Dual centers of powers vested in the office of Congress president and UPA chief and prime minister office weakened the office latter. However some of the decisive policies like going with the nuclear deal with the USA in the UPA 1 regime was reflective of strong but unassuming PM office.
He recently formed Modi-led NDA government is centered around  the personality of  the prime minister Narendra Modi. It is perhaps the most powerful PM office since Indira Gandhi.  It in a way contradicts the dictum of first among equals prevalent in prime ministerial form of government as the PM is more powerful in all respects than the other cabinet ministers. The decisive agenda promoted by Modi has again evolved the PM office into a centre of undisputed power.

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17.  Discuss the contemporary agenda of judicial reforms in India
Judicial Reforms in India has become need of the hours due to host of issues plaguing the system like  inordinate delay in providing justice leading to huge pendency, corruption in appointment to higher judiciary etc. An independent and impartial judiciary, and a speedy and efficient system are the very essence of civilization. However, our judiciary, by its very nature, has become ponderous, excruciatingly slow and inefficient. Imposition of an alien system, with archaic and dilatory procedures, proved to be extremely damaging to our governance and society
Reforms needed and at the anvil
Quality of judges
The foremost reform would be to secure the quality of judges. From all accounts, the present method of selection and appointment to the Supreme Court and High Courts by the judges themselves does not ensure their getting the ablest and most competent judges
To ensure that only deserving jurists and lawyers are elevated to the position of the judges of High Court and the apex court National Judicial Appointments Commission (NJAC) has been proposed body responsible for the appointment and transfer of judges to the higher judiciary in India. The Commission is proposed to be established by amending the Constitution of India through the ninety-ninth constitution amendment vide the Constitution (One Hundred and Twenty First Amendment Bill) 2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014
Raising the age of the judges
Enhancing the retirement age of the High Court judges to 65 will have many advantages.
• One factor deterring a competent lawyer from accepting judgeship is the retiring age at 62. Increasing it to to 65 may induce competent lawyers to seek appointment as judges of the High Court.
•  Secondly, with a larger tenure, judges may acquire more maturity, learning and experience so necessary for a judge.
•  Thirdly, with retirement at 65, a judge may be less anxious about looking for employment after retirement, by way of an appointment to a Tribunal or Commission by governments.
• Fourthly, today the Chief Justices and most senior judges of the High Courts, nearing their retirement at 62, sometimes aspire unbecomingly to being selected judges of the Supreme Court not only for the prestige of the post but also to obtain another three-year stint in the Supreme Court. If the retirement age is increased to 65 on a par with that of Supreme Court judges, senior judges may be content with remaining in their own High Court rather than seek an additional three-year stint, in the Supreme Court.
Note.  Constitution (114th Amendment) Bill 2010 to raise the retirement age of only the High Court judges from 62 to 65, which was tabled in Parliament in December 2011 but not as yet passed
Increasing the number of judges
To clear of the huge pendency to number of judges in higher judiciary has to be increased. Various High Courts across the country has recently increased the number of judges.
Fast Track Courts and Special Courts
Establishment of special courts like juvenile courts and courts for crime aginst women is being set up though out the court. Special courts for ensuring speedy trial in the crime aginst women has been set up in recent years.
Judicial Impact Assessment
Judicial Impact Assessment (JIA) is a process whereby the government can anticipate the likely cost of implementing a legislation through the courts and help deliver timely justice to litigants. Litigation demand depends on a variety of factors most of which are not factored in the making of laws. This results in the court system being left with little or no extra resources to cope with additional cases generated by new laws. This is the main reason why despite increased disposals every year, courts are still crowded with mounting arrears of cases. Realising this structural imbalance in the system, the Supreme Court in the Salem Advocates’ Association Case (2005) gave a direction to the government to make JIA an essential component of the Financial Memorandum of legislative proposals. The government, in turn, appointed a task force to recommend a methodology and infrastructure for institutionalising JIA in the law-making process. The committee headed by Justice N.J. Rao recently submitted its report to the government which is likely to come before the apex court for appropriate orders in the pending matter before it. In all likelihood judicial administration in the country is expected to see some welcome changes of far-reaching significance in the near future.
Stress and promotion of Alternative Dispute Resolution (ADR) Mechanism
To check the pendency and settle the long pending cases Mediation Centers and Lok Adalats have been instrumental in last few years and steps are being taken to strengthen the ADR  mechanism so that the pressure on the regular courts can be decreased. Holding of National Lok adalats have been one of the important step in this regard.

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18. Write a note on women issues in post independence India. What has been the role of state in the women issues.
• Dramatic changes have taken place in legal, political, educational and social status of women since independence.
• The position of women had been at the heart of social reform movements from the first quarter of  19th century when Rammohan Roy started questioning social orthodoxies
• The core issue related to women in post independence India was related to granting equal status to them
• As a result, special marriage act of  1954, Hindu marriage act of 1955, adoption act 1956, inter sate succession act 1956 and dowry act were enacted
• Demand for all customary and religious and traditional laws which regulated larger Hindu society and which to a great extent determine the legal status of Hindu women was asked to be codified and brought into the public domain
• Issue of personal loss of the communities like Muslims, Chriatians and Parsees were also raised
• Crucial aspects of the lives of the women belonging to these communities continued to be determined by the personal laws of the religious commumnites in which man was the supreme arbiter in most of the cases
• Social evils like, dowry, female infanticide and feticide was prevalent in many parts of the country
• In the urban milieu, sexual harassment at the workplace became an important issue in the last decade of twentieth  century
• Issue of commodification of women in popular culture also became an important issue
• Measures like PC& PNDT and Vishakha guidelines were initiated by the state
• Reservation of women in panchayats was yet another landmark decision taken by the state for the empowerment of women

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Ans 19. Explain the evolution and growth of democracy in India. What are the paradoxes in Indian democracy?
• After long struggle for independence, India achieved it in 1947, hence established  universal suffrage. Democracy in India has been a long fought dream and a very important political value. Since independence, democracy in India has evolved in a drastic manner.
• Democracy is not limited to granting universal adult franchise rather has varied  manifestations and connotations. Democracy has social, political and economic dimensions. Over the years, Indian constitution and polity has evolved in a manner to ensure social political and economic equality which is cardinal principle of real democracy.
• From a Western liberal style of democracy, India has evolved into participatory-deliberative style of democracy over the years through enactment of 73rd and 74th amendment Act.
• Further democracy in Inadia has ensured social and economic equality bulwark of real democracy through its affirmative action for depressed class. Reservation for SCD/STs and OBCs extended over the years have strengthened the idea of democracy.    
• From one political party dominance to emergence of strong regional parties giving expression to regional expressions has been important part of democracy in the country.
• Rise of hitherto to oppressed class like Dalits and their political assertions has also contributed to the strengthening of democratic credentials. Rising role of women in political processes has also contributed to the evolution of democracy.
• Democracy in India has time and again proved its strengths by overthrowing anti-people establishments. Imposition of emergency in 1975 and anti-democratic measures adopted by the Congress government led to the overthrow of charismatic leadership like Indira Gandhi in 1977.
• Emergence of a strong civil society in forms of voluntary organization giving voice to the marginalized class led to the enactment of many pro-poor policies.
• However, India certain inherent paradoxes which is apperant in its functioning.
• While India assured political democracy through equal voting rights if failed to bring economic equality over the year in spite of numerous policies.
• Existence of social hierarchies like caste, gender etc. is a major challenge to the ideals of democracy.
• Persistence of dynastic policies is another paradox of Indian democracy.  

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Ans 20.Analyse the principles that make up the Preamble of Indian Constitution?                 
f. The Preamble to the Indian Constitution is based on the ‘Objective Resolution’ drafted by Jawaharlal Nehru and adopted by the framers of the Constitution. It also provides a benchmark to ascertain examine and evaluate the laws and policies made by the government.
g. The principle that makes up the preamble includes and stress on the ‘utmost importance to the people of the country. Further it stress on the need for ensuring justice-social, economic and political and establishing the state on the principles socialism and secularism. According to the preamble Indian state is sovereign and republic
h. The terms sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state. The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution
i. The philosophy of the Indian Constitution is reflected in the Preamble. The independence of India earned through struggle for independence is sought to be emphasized by the use of the word ‘Sovereign’ in the Preamble. The Gandhian ideals are aimed to be secured by the incorporation of the word ‘Socialist’ in the Preamble by the 42nd Amendment.
j. The same amendment inserted the word ‘Secular’ to reflect the secular nature of Indian society. The word ‘Republic’ in the Preamble indicates that India has an elected head, though indirectly elected, the Indian President is the choice of the people of India. These values are further strengthened by the word ‘Democratic’ in the Preamble.
k. To emphasize these values the Constitution framers have resorted to the use of the concepts like justice, liberty, equality and fraternity. Justice-social, economic and political to be secured through the provisions of Fundamental Rights.
l. The unity and integrity of the nation is sought to secure by the use of the word ‘Fraternity’ in the Preamble and by the provisions of fundamental duties and single citizenship in the Constitution.
m. The use of these words in the Preamble shows, it embodies the basic philosophy and fundamental values on which the Constitution is based. It very well reflects the dreams and aspirations of the founding fathers of the Constitution.