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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, October 18, 2014

Structure of Answers of the TEST SERIES - TEST 2: Indian Government and Politics (Paper I Section B)

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-√†-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.

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.

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.

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.

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    

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.

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   

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.

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 

 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.

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.

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 clich√© 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.

 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.

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.

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.  

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.

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.

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

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.  

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.