2

back
fwd

< Previous | Contents | Next >

2

6.11.4. Evaluation of RTE 6.11.5. Applicability 6.12.1. Text 6.12.2. Description 6.12.2.1. Criticism of Preventive Detention 6.12.2.2. Arguments given in favor of Preventive detention 6.12.3. Legislations 6.12.4. Court Judgments 6.13. Article 23 – Prohibition of Traffic in Humans and Forced Labor 6.13.1. Text 6.13.2. Description 6.13.3. Legislations 6.13.4. Applicability 6.14. Article 24 – Prohibition of employment of children 6.14.1. Text 6.14.2. Description 6.14.3. Legislations 6.14.4. Applicability 6.15. Article 25 6.15.1. Description 6.15.2. Applicability 6.15.3. Important Judgments 6.15.3.2. Stainislau v/s State of MP, 1977 6.16. Article 26 6.16.1. Text 6.16.2. Description 6.16.3. Relation with Article 25 6.16.4. Sabarimala Temple Issue Background of the issue Implications of the Supreme Court’s fresh examination of the Sabarimala Case Understanding Doctrine of Essentiality and related debates ♤ Surrounding debates:6.17. Article 27 6.17.1. Text 6.17.2. Description 6.18. Article 28 6.18.1. Text 6.18.2. Description 6.19. Article 29 6.19.1. Text 6.19.2. Description 6.19.3. Applicability 6.20. Article 30 6.20.1. Text 6.20.2. Description 6.20.3. Relation between Article 29 and 30 6.20.4. Applicability 6.20.5. Minority Educational Institutions What are minority educational institutions (MEIs)?What are the criteria?Recent controversies Why Provision of minority status should be retained?Why it should be revoked?Privileges accorded under Minority status Challenges faced by MEIs Way forward 6.20.6. Important judgments 6.20.6.2. Unnikrishnan v/s State of Andhra Pradesh, 1993 6.20.6.3. TMA Pai Foundation and others v/s State of Karnataka, 2002 6.20.6.4. Islamic Academy of education v/s State of Karnataka, 2003 6.20.6.5. St. Joseph College Case, 2018 6.20.7. The Lacuna 6.21. Article 31 Background Right to Property under Article 300A Arguments in favour of Right to property to be reinstated as Fundamental Right Arguments in favour of Right to property remaining a legal right Recent Developments-Conclusion 6.22. Article 31A 6.23. Article 31B – Validation of Certain Acts and Regulations 6.23.1. Controversy with respect to IX Schedule 6.24. Article 31C- Saving of laws giving effect to directive principles 6.25. Article 32 6.25.1. Text 6.25.2. Description 6.25.2.1. Public Interest Litigation (Please refer to PIL portion in the document on Supreme Court for more information)6.25.2.3. Suo moto 6.25.3. Doctrine of Laches 6.25.4. Doctrine of Res Judicata 6.25.5. Writs 6.25.5.1 Difference between writ jurisdiction of SC and HC 6.25.6. Importance of Article 32 6.25.7. Article 32(3)Conditions:6.25.8. Article 32(4)6.25.7.1.Article 359-Suspension of FRs during the proclamation of national emergency 6.26. Article 33 6.26.1. Text 6.26.2. Description 6.27. Article 34 6.27.1. Text 6.27.2. Description 6.28. Article 35 6.28.1. Text 6.28.2. Description Grounds of reasonable restrictions are as follows:8. Criticism of Fundamental Rights 9. Previous year UPSC GS Mains Questions 10. Previous year UPSC Prelims Questions 2015 Ans (c) 2017 Ans (c)Ans (c)Ans (a)Ans (a)Ans (c) 2018 Ans (c)Ans (c) 2019 Ans (b) 2020 Ans (d)Ans (d)1. ‘It is not necessary that everyone receives equal treatment, but everyone must be treated as equal’. Explain Article 14 of the Indian Constitution in light of the above statement.Answer:2. The government cannot condition receipt of public benefits on waiver of fundamental rights. Discuss this statement in context of the recent issues raised in the Aadhaar petitions.Answer:Issues with Aadhar:3. Reservation policy is a logical and useful strategy for ensuring justice and providing equal opportunity to the socially oppressed groups. Discuss.Answer:4. Discuss the issue of reservation in promotions for SCs and STs in public employment in the light of various judicial pronouncements and constitutional amendments.Answer:5. Freedom of expression is a right, however, it does not grant the right to defame any person. Discuss the statement in the light of various Supreme Court judgments.Answer:6. Criticism about the judiciary should be welcomed, so long as criticisms do not hamper the “administration of justice”. In this context discuss whether the power of contempt of court given to the higher judiciary limits the freedom granted by Article 19(1)(a) and whether these two can be reconciled.Answer:7. The Supreme Court in its judgment on 26/11 slammed the media for its lust for TRPs, which jeopardized the security of the nation. Can the actions of media be justified in the context of right to freedom and speech? Discuss the principles and concerns that the media should keep in mind while covering such incidents.Answer:Concerns:8. The principle of accountability is an essential part of the rule of law. In this context, discuss the lacunae in government's approach and judiciary's response to the phenomenon of extrajudicial killings in India.Answer:Extra judicial killings Judiciary’s response:9. Highlight the importance of Right to Education. Also, discuss the issues linked with the 'No detention' policy.Answer:10. The right to live with dignity under Article 21 includes the right to die with dignity. Discuss in light of various judicial pronouncements by the Apex Court on this matter. Also, critically examine the various issues associated with the Medical Treatment of Terminally Ill Patients Bill 2016.Answer:11. Despite the phrase 'due process of law' not being included in Article 21, the Supreme Court, over the years, has adopted the doctrines of 'procedural due process' and 'substantive due process' into Indian constitutional law. Comment.Answer:12. Article 22 of the Indian Constitution is a necessary evil. Discuss. Approach:Answer:However, there are contentious provisions in the Article, which include:13. Is the freedom to profess, practice and propagate religion, provided under article 25 of the Indian constitution a historical mistake committed by constituent assembly, discuss in view of the recent controversy on religious conversions?Answer:14. Right to freedom of religion cannot be allowed to deny right to equality and individual dignity. Discuss in the light of constitutional provisions and recent judicial pronouncements.Answer:15. Special rights are not privileges but they are granted to make it possible for minorities to preserve their identity, culture and traditions. Elaborate in the context of India with examples.Answer:16. Where there is a right, there is a remedy. In this context, discuss the nature and significance of writs in India with adequate examples.Answer:Contents 1. Genesis of Fundamental Duties in India 2. List of Fundamental Duties 3. Nature of Fundamental Duties 4. Enforcement of Fundamental Duties 4.1. Available Legal Provisions for Enforcement of Fundamental Duties 5. Committees and Judicial Pronouncements 5.1. Justice Verma Committee Report 5.2. Important Judicial Pronouncements 5.3. Recent Developments 6. Criticism of Fundamental Duties 7. Significance of Fundamental Duties 8. UPSC Prelims Questions 2010 Ans: (b)Ans: (c)Ans: (b)Ans: (b)Ans: (d)Ans: (d)Ans: (a)Ans: (d)10. GS Mains Test Series Questions 1. Critically appraise the utility of fundamental duties in the Constitution of India. Approach:Answer:2. While Fundamental Rights are crucial to the survival of a vibrant democracy, Fundamental Duties are equally important. While enumerating the Fundamental Duties, discuss the statement.Answer:3. Fundamental Duties, though significant, have certain limitations. Examine. Approach:Answer:4. The value of fundamental duties lies in establishing a democratic balance by making the people conscious of their duties equally as they are conscious of their rights. Analyze.Answer:DIRECTIVE PRINCIPLES OF STATE POLICY Contents 1. Directive Principles of State Policy 2. Historic Evolution 3. Influences 4. Characteristics of DPSP’s 4.1. Ideals to be followed by the State 4.2. Limitation on arbitrary exercise of power 4.3. Non-Enforceable 4.4. Amplification of Preamble 4.5. Moral Obligation 5. Classification and Details of Directive Principles 5.1. Article 36 5.2. Article 37 5.3. Article 38 5.4. Article 39 5.5. Article 39A 5.6. Article 40 5.7. Article 41 5.8. Article 42 5.9. Article 43 5.10. Article 43A 5.11. Article 43B 5.12. Article 44 5.13. Article 45 5.14. Article 46 5.15. Article 47 5.16. Article 48 5.17. Article 48A 5.18. Article 49 5.19. Article 50 5.20. Article 51 6. Relation with Fundamental Rights 7. Difference between Directive Principles of State Policy and Fundamental Rights 8. Implementation of Directive Principles of State Policy 9. Directives and Constitutional Amendments 10. Reasons behind Directive Principles being made non- justiciable and legally non-enforceable 11. Criticism of DPSP’s 12. Significance of DPSP’s 13. UPSC Previous Years Mains Questions 14. GS Mains Test Series Questions 1. How can Directive Principles be seen as both complementary and supplementary to Fundamental Rights?Answer:2. “The Directive Principles of State Policy are socialistic in their direction and content."Answer:3. “The sanction behind Directive Principles of State Policy is in fact political”. Explain. How has the issue of priority in case of conflict between the provisions of Part III and IV of the Constitution evolved over the years?Answer:4. Discus how Directive Principle of State Policy have shaped the policy making process in India. Do you think it has been successful in achieving its objective. Analyse.Answer:Gandhian Principles International Principles 1. Introduction 2. President 2.1. Qualification 2.2. Conditions of the President’s Office 2.3. Term of Office 2.4. Election Procedure 2.5. Vacancy in the Office of President 2.6. Powers and Functions of the President 2.7. Constitutional Position of the President 2.8. Impeachment of the President 2.9. List of Presidents of India 3.2. Qualifications 3.3. Election 3.4. Term of Office 3.5. Vacancy in Office 3.6. Powers and Functions 3.7. Removal of Vice President 3.8. Comparison with the USA Vice President 4.1. Appointment of the Prime Minister 4.2. Term of the Prime Minister 4.3. Powers and Functions of the Prime Minister 4.4. Prime Minister as member of the Rajya Sabha 4.5. Prime Ministerial Form of Government 4.6. Impact of Coalition Politics on the office of PM 5.1. Appointment and Tenure of the Council of Ministers 5.2. Composition of the Council of Ministers 5.3. Functions of the Council of Ministers 6. Cabinet 6.1. Functions of the Cabinet 6.2. Cabinet Committees 6.3. Features of Cabinet Committees 6.4. Principles on which the Cabinet system of Government functions 7. Attorney General 7.1. Duties of Attorney-General 7.2. Rights and Limitations 9. Previous Years’ Questions 1. While in theory, the Cabinet is dependent upon Parliament, in practice it is the master of Parliament. Comment.Answer:2. Distinguish between ordinance making powers of President and Governor. Should the power to promulgate ordinance, which is a legacy of colonial rule, have any place in the constitution of a modern democratic India?Answer:3. “Prime Minister represents the executive government in a way that no single member of the Council of Ministers (CoM) or even the entire CoM can.” Discuss.Answer:4. Empowered Group of Ministers lead to early and effective decision-making on particular issues. Critically analyse.Answer:5. “The ordinance-making power of the executive needs to be suitably restrained, to create a balance of power between the executive and the legislature and to check the misuse of the same”. Do you agree? Justify your stand with examples.2015-614 Answer:6. It is the Parliamentary system, with its basis on constant accountability, accommodation and inclusion, which can best serve the needs of the country. Examine, keeping in mind the arguments that are periodically put forward for adopting the Presidential system in India.Answer:STATE EXECUTIVE Contents 1. Introduction 2. Governor 2.1. Appointment 2.2. Removal 2.3. Powers and Functions of the Governor 2.4. Constitutional Position of a Governor 2.5. Contemporary Relevance of the Office of Governor 2.6. Contemporary Issues 3. Chief Minister 3.1. Powers and Functions of the Chief Minister 4. Council of Ministers 4.1. Appointment of Council of Ministers 4.2. Relationship between Governor and his Ministers 5. The Advocate-General 5.1. Appointment 5.2. Qualifications 5.3. Remuneration 6. Previous Year UPSC Mains Questions 7. GS Mains Test Series Questions 1. What role has the constitution envisaged for the Governor with respect to administration of Scheduled and Tribal Areas? Critically evaluate the success of provisions of Fifth and Sixth schedules in achieving their objectives.Answer:Evaluation of achievements Fifth Schedule Sixth Schedule Answer:MINISTRIES AND DEPARTMENTS OF THE GOVERNMENT Contents 1. Existing Organizational Structure 2. Structure within the Departments 3. Attached or Subordinate Offices 4. Sample Case 4.1. Ministry of Home Affairs 5. Empowered Group of Ministers 5.1. Appointment of EGoM 5.2. Latest Status of GoM / EGoM 6. Alternative Mechanisms 6.1. Similarity with EGoMs 6.2. Rationale behind setting up Alternative Mechanisms 7. Strengths and Weaknesses of the Existing Structure 7.1. Strengths 7.2. Weaknesses 8. Recommendations at Various Levels of Government Machinery 8.1. Core Principles of Reforming the Structure of Government 9. Prelims Questions 2016 Ans: (a)Ans: (a)Ans: (c)Ans: (c)Ans: (b)Ans: (c)Ans: (d)Ans: (c)10. Previous Year GS Mains Questions 1. The Cabinet Secretariat has to play a creative, functional, informative and Answer:2. “A periodic cleaning-up of the statute books helps prevent conflicts and ambiguities creeping into the legal system.” Discuss the statement in light of the initiative taken by the government to repeal old laws.Answer:3. Proliferation of Ministries and Departments in the government not only leads to weak coordination and integration but also fragmentation of functions. Comment in the context of India.Answer:UNION LEGISLATURE Contents 1. Structure of Parliament 1.1. President as a part of Parliament 1.2. Rajya Sabha: Composition 1.3. Lok Sabha: Composition 2.2. Rajya Sabha 3. Conduct of Business 3.1. Duration of the Houses 3.2. Sessions of Parliament 4.2. Disqualifications 4.3 Vacation of Seats by Members 4.4. Salaries and Allowances 5.3. Deputy Speaker 5.4. Chairman & Deputy Chairman of Rajya Sabha 6. Leaders in Parliament 6.1. Leader of the House 6.2. Leader of the Opposition 6.3. Whip 7.2. Zero Hour 7.3. Motions 7.4. Resolutions 7.5. Point of Order 8.1. Ordinary Bills 8.2. Money Bills 8.3. Financial Bills 8.4. Constitution (Amendment) Bills 9. Financial Legislation by the Parliament 9.1. Annual Financial Statement/Budget 9.2. Accounts of Government of India 9.3. Charged Expenditure 10. Procedure for removing deadlock between the two Houses 10.1. Joint Sitting 11.2. Role of Rajya Sabha 11.3. Comparison of Lok Sabha with Rajya Sabha 12.1. Important Parliamentary Committees 13.1. Individual Privileges 13.2. Collective Privileges 13.3. Breach of Privilege and Contempt of the House 13.4. Punishment in case of breach of privilege or contempt of the House 14. Sovereignty of Parliament 15. Functions, Role and Issues concerning Parliament 15.1. Functions and Roles of the Parliament 15.2. Issues concerning Indian Parliament 15.3. Implications of poor functioning of Parliament 15.4. Suggested Parliamentary Reforms 17. UPSC Previous Years’ Questions 18. Previous Years’ Questions 1. The practice of passing of bills without the scrutiny by the parliamentary standing committees undermines their significance and sets a wrong precedent. Discuss.Answer:2. How is structure and electoral process of Rajya Sabha different from Lok Sabha? Do you think Rajya Sabha has been able to perform its envisaged role in recent times?Answer:Structural differences:Merits Demerits Differences b/w ordinary and money bill:However there are some concerns:Way Forward Relevance in a democratic polity:Improving overall effectiveness:Position of the RS vis-à-vis State Legislative Councils (SLCs):Reasons for decline in parliamentary efficacy Following measures are required to restore the credibility of the Parliament:Role played by Parliamentary Accounts Committee (PAC)Role:Significance:Challenges:STATE LEGISLATURE Contents 1. State Legislature 1.1. Constitutional Status 1.2. Organization 1.3. Composition of Two Houses 1.5. Presiding Officers of State Legislature 1.6. Conduct of Business 1.7. Legislative Procedure in State Legislature 1.9. Criticism of Second Chamber in States 1.10. Privileges of State Legislature 2. Emerging Issues 2.1. Functioning of state legislatures in India 2.2 Role of governor in dissolution of the state legislature 3. UPSC Mains Previous Year UPSC Questions 4. Previous Year GS Mains Questions 1. “Legislative Councils in India are not only second, but also secondary chambers of state legislatures. In terms of their composition and powers, they have become obsolete and must be scrapped.” Examine.Answer:Part 3 Contents 1. Introduction 1.1. Evolution of Indian Judicial System 1.2. Conceptual basis of Indian Judicial System 2. Organisation of Judicial system 2.1. General Structure of Judicial System 2.2. Seat of Supreme Court 2.3. Comparison with American Supreme Court 3. Judges of Supreme Court 3.1. Appointment of Judges 3.2. Oath of Judge 3.3. Salary and Allowances 3.4. Tenure 3.5. Removal of Judges 4. Procedure of Supreme Court 5. Independence of Supreme Court 6. Jurisdiction of Supreme Court 6.1. Original jurisdiction 6.2. Writ jurisdiction 6.3. Appellate jurisdiction 6.4. Advisory jurisdiction 6.5. Supreme Court as a court of record (Article 129)6.6. Review of judgements or orders (Revisory jurisdiction)6.7. Power of Judicial review 6.8. Other Powers of Supreme Court 7. Supreme Court Advocates 7.1. Senior Advocates 7.2. Advocates-on-Record 7.3. Other Advocates 8. Issues faced in the India Judicial System 8.1. Judicial Pendency and Delay 8.2. Demand for Larger Benches 8.3. Judicial Transparency 8.4. Judicial Accountability 8.5. Contempt of Court 8.6. Master of the Roster 8.7. Judges and Post-Retirement Positions 9. Recent Developments 9.1. Public Interest Litigation (PIL)9.2. Affordable Justice Delivery 9.3. Online Justice Delivery 10. Articles Related to the Supreme Court 2019 Ans (c)(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.Ans (d)(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.2015 (d) The Supreme Court of India (c) original jurisdiction (b) the Parliament 2012 Ans (c)Ans. (b) 2005 Ans. (b)13. Previous Year GS Mains Test Series Questions 1. While judiciary has been seen as a harbinger of promoting transparency and accountability in governmental functions, it needs to promote the same regarding its own functioning. Comment w.r.t. the need for judicial reforms in India.Answer:2. What is the importance of an independent judiciary in a democracy? Highlight the safeguards in our political-constitutional setup to ensure the independence of judiciary.Answer:3. A dysfunctional judicial delivery system is a serious impediment to establishing the rule of law in our nation. Examine the statement in the context of the problem of case pendency and judicial vacancies in India.Answer:Issues associated with Judicial Vacancies:Measures needed to reduce judicial backlog:Relevance of power to punish for the Contempt of Court Arguments for relook JUDICIARY- HIGH COURT, SUBORDINATE COURTS, ISSUES, JUDICIAL REFORMS AND JUDICIAL ACTIVISM Contents 1. High Court 1.1. Organization of High Court 1.2. Eligibility Criteria for High Court Judges 1.3. Tenure of Judges 1.4. Appointment of Judges 1.5. Oath 1.6. Salaries of Judges 1.7. Removal of Judges 1.8. Transfer of Judges 1.9. Jurisdiction and Powers of High Court 2. Subordinate Courts Appointment of District Judges (Art.233)Appointment of other Judges (Art.234)Control over Subordinate Courts (Art.235)Structure and Jurisdiction 2.1.1. Structure 2.1.2. Jurisdiction 2.1.3. Procedure followed by Gram Nyayalayas 2.1.4. Appeal against the decision of Nyayalayas 2.1.5. Issue with Gram Nyayalayas 2.2. Alternative Dispute Resolution (ADR)3. The National Legal Services Authority 3. To organize legal awareness camps in the rural areas.4. Lok Adalats 4.1. Levels of Lok Adalat 4.2. Types of Lok Adalat 4.3. Criticism of Lok Adalats 5. Fast Track Courts (FTCs)These are additional Session Courts set up for speeding up the trials of long pending cases, particularly those involving under trials.6. Commercial Courts 6.1. Key features of the 2015 Act 6.2. Significance 6.3. Issues 6.4. The 2018 Amendment to the Act 7. All India Judicial Service (AIJS)7.1. Historical background 7.2. Rationale for AIJS 7.3. Arguments against AIJS 8. Judicial Activism and Judicial Overreach 8.1. Difference between Judicial Activism and Judicial Overreach 8.2. Examples of Judicial Activism in India 9. Comparison between the Supreme Court and High Court 2019 Ans. (d)Ans. (b)Ans. (c)Ans. (b)Ans. (a)Ans. (d)Ans. (d)Ans. (a)Ans (c)2003 Ans. (b)Ans. (a)Ans. (b)12. Previous Year GS Mains Questions 1. Examine the need of ADR mechanisms in India and comment on their efficacy in dispute redressal.Answer:2. Elaborate the functions and structure of Nyaya Panchayats. Also discuss how it works at the grass-root level for the dispensation of justice.Answer:3. If the Supreme Court and the High Courts both were to be thought of as brothers in the administration of justice, the High Court has a larger jurisdiction but the Supreme Court still remains the elder brother. -Justice R.C Lahoti. In the context of the above statements describe the relationship between the apex court and the high courts in India.Answer:4. Give an account of the factors responsible for the limited success of Lok Adalats. What measures are required to ensure that Lok Adalats function as an effective dispute redressal mechanism?Answer:5. Centralising recruitment through an All-India Judicial Service (AIJS) will not address the multiple problems in the judiciary and cause new ones instead. Critically evaluate.Answer:1. Concept of Federalism 1.1. Federalism in India 2. Federal Structure 3. UPSC Prelims Questions 4. UPSC GS Mains Questions 5. GS Mains Test Series Questions SEPARATION OF POWERS BETWEEN VARIOUS ORGANS Contents 1. Introduction 2. Origin 3. Definitions 3.1. Traditional (Classical) Approach 3.2. Modern (Contemporary) Approach 4. Separation of Power in Other Countries 4.1. Separation of Power in USA 4.2. Separation of Power in England 5. Doctrine of Separation of Powers in India 5.1. Constitutional position 5.2. Judicial Pronouncements on the Doctrine in India 5.3. Checks and balances 5.4. Judicial Review 6. Conclusion 7. UPSC Previous years’ Questions 8. Previous Years Questions 1. Explain the meaning and significance of Doctrine of Separation of Powers. Also compare the constitutional status of Separation of Powers in India and USA.Answer:2. The Constitution of India embraces the idea of separation of powers in an implied manner. Elucidate.Answer:3. The government shutdown in USA showed the dangers of strict separation of powers in Presidential form of democracies. Explain how separation of powers between the legislature and executive is maintained in USA. How does India avoid such shutdown?Answer:Part 3 Arguments against Judicial Activism:Arguments in favour of Judicial Activism:Judgments of the Supreme Court:DISPUTE REDRESSAL MECHANISMS AND INSTITUTIONS Contents 1. Introduction 2. Alternative Dispute Redressal Mechanisms 2.1. Rationale for alternative dispute resolution 2.2. Various Types of ADR mechanisms 2.3. Shortcomings of ADR Mechanisms 2.4. Some informal Dispute Redressal Mechanisms 3. Comparison between Judicial Process and various ADR process 5. Recent Developments 5.1. Online Dispute Redressal 5.2. New Delhi International Arbitration Centre (NDIAC) Act 6. UPSC Previous Years Mains Questions 7. UPSC Previous Years Prelims Question 8. Mains Test Series Questions 1. Highlight the issues facing arbitration as an effective alternative dispute resolution mechanism in India. How does Arbitration and Conciliation (Amendment) Act, 2019 strengthen the arbitration set up in India?Answer:2. Settlement of cases by mutual compromise is much better than seeking adjudication in the adversary system. With reference to this statement discuss various ADR mechanisms available in India.Answer:Arbitration:Negotiation:Mediation:Conciliation:Advantages of the Lok Adalats:Benefits of ADR Issues associated with ADR Suggestions to increase their effectiveness are:PRESSURE GROUPS Contents 1. What is a Pressure Group?Purpose of a Pressure Group 2. Types of Pressure Groups i. Interest Groups and Cause Groups ii. Insiders and Outsiders 3. Roles/Functions of Pressure Groups Representation Political Participation Education Policy Formulation Policy Implementation 4. Pressure Groups and Political Parties There are several reasons why political parties are often confused with the pressure groups such as-5. How Pressure Groups Exert Influence?Parliament Political Parties Public Opinion Direct Action 6. Pressure Groups and Lobbying Global Experience with Lobbying Lobbying in India Why Lobbying is equated with corruption in India?Views in favour of Lobbying Views against Lobbying 7. Are Pressure Groups Becoming More Powerful?The rise of pressure-group power The decline of pressure groups 8. Pressure Groups and Democracy 8.1. How Pressure Groups promote Democracy?8.2. How pressure groups threaten democracy?9. Pressure Groups in India 9.1. Nature of Pressure Groups in India 9.2. Methods of Operation of Pressure Groups in India 10. Limitations of Pressure Groups 11. Comparison of Indian and Western Pressure Groups 12. Conclusion 13. UPSC Previous Years’ Questions 14. Previous Years’ Questions 1. Discuss the role of Pressure Groups in Indian polity. Are they strengthening or hindering our democracy?Answer:Widening Political Participation Promoting Education Ensuring Competition and Debate Internal Factors Wealth Size Organisation and its leadership External Factors Public support Views of the Government Opposition Groups Source of funds Pressure Groups and Political Parties Role of pressure groups in making Democracy Participative:Role of Pressure groups in making Democracy Responsive:LOCAL GOVERNANCE Contents 1. Panchayati Raj in India: Historical Background and Evolution 1.1. Ancient Period 1.2. Medieval Period 1.3. Colonial Period 1.4. Mahatma Gandhi and Panchayati Raj 1.5. Post Independence period 2. 73rd Constitutional Amendment Act of 1992 2.1. Introduction 2.2. Mains features of the act 2.3. Administrative Structure of the PRIs 2.4. Elections to the PRIs 2.5. State Election Commission 2.6. Financial Powers of the PRIs 2.7. State Finance Commission 2.8. Role of Panchayati Raj in the democracy 2.9. Challenges related to PRIs 3. The provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996 3.1. Objective 3.2. Definition of Village and Gram Sabha 3.3. PESA and Gram Sabha 3.4. Importance of PESA 4. Urban Local Bodies (ULBs)4.1. Historical Background 5. 74th Constitutional Amendment Act of 1992 5.1. Main features of the act 5.2. Constitution of Municipalities 5.3. Composition of Municipalities 5.4. Reservation of Seats 5.5. Duration of Municipalities 5.6. Powers, authority and responsibilities of Municipalities 5.7. Impact of the act on the Urban governance 5.8. Challenges related to ULBs 5.9. 2nd ARC recommendation on Urban governance 6. UPSC Previous Years Prelim Questions Answer: B Answer: B 8. GS Mains Test Series Questions 1. What are the different aspects of capacity building that need to be taken into account to address the capacity deficit within Panchayats and Municipal bodies?Answers:2. Though Parliament had enacted The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, but it has been implemented very poorly across the states. Bring out the various reasons behind its poor implementation and the measures needed for its success.Answer 3. Tracing the evolution of panchayati raj since independence highlight its achievements in facilitating the inclusion of vulnerable sections of society in the political process.Answer:4. Panchayati raj institutions (PRIs) are simultaneously a remarkable success and a staggering failure, depending on the goalposts against which they are evaluated. Discuss.Answer:Failures:Position of Mayor Necessity of direct elections Alternative to direct elections 1. Introduction 1.1. What is an Emergency?2. National Emergency (Article 352)2.1. Grounds for National Emergency 2.2. Territorial extent 2.3. Procedures and safeguards 2.4. Impacts of National Emergency 2.6. Judicial Review and Article 352 3. State Emergency (Articles 356 and 365)3.1. Grounds for President’s Rule 3.2. Procedures and safeguards 3.3. Difference between National Emergency & President rule:3.6. Observations of various Committees/Commissions 3.7. Judicial review and Article 356 4. Financial Emergency (Article 360)4.1. Grounds for Financial Emergency 4.2. Procedures and safeguards 4.3. Effects of Financial Emergency 5. Criticisms of Emergency Provisions 6. Important Articles related to Emergency Provisions Mains Prelims 8. Previous Years Questions 1. Compare and contrast the National Emergency and President's Rule in terms of their declaration and effects on fundamental rights as well as centre-state relations. 2019- 1228-14 Answer:Effects on Centre-state relations Grounds for imposition:Extent of President's powers under Article 352 Judicial scrutiny of proclamation Exercise of Executive Powers Difference in the nature of powers between Article 352 and Article 356 1. The Electoral Process 1.1. Introduction 1.2. Objectives of our founding fathers 1.3 Brief Overview of the Election Process in India 1.4. Types of Voting Systems 1.5. Provisions of the Constitution 2. Composition of the Elected Houses 2.1. Lok Sabha 2.2. State Legislative Assemblies 2.3. Rajya Sabha 2.4. Legislative Council 3. Delimitation of Constituencies for Elections to the Lok Sabha/Legislative Assemblies 3.1. Readjustment of Seats after every Census 4. Preparation/Revision of Electoral Rolls 5. Voter Registration 5.1. Eligibility 5.2. Disqualification 5.3. Categories of Voters/Electors 5.4. Members of Parliament and State Legislatures 6. Qualifications & Disqualifications for a Candidate 6.1. Qualifications 6.2. Disqualifications 7. Officers on Poll Duty 7.1. Chief Electoral Officer 7.2. District Election Officer 7.3. Observer 7.4. Returning Officer 7.5. Presiding Officer 7.6. Polling Officer 8. Election Notification 8.1. Nomination Process 8.2. Deposits for Election 8.3. Scrutiny of Nominations 8.4. Withdrawal of Candidature 9. Recognition of Parties For National Party Status:10. Election Campaign 10.1. Duration of Election Campaign 10.2. Campaigning Guidelines and Model Code of Conduct 11. The Poll 11.1. Polling Stations 11.2. Fixing time for poll 11.3. Secret Ballot 11.4. One Person One Vote 11.5. Personation 12. Conducting Elections 12.1. Counting of Votes 12.2. Recording of Result 12.3. Equality of votes 12.4. Declaration of Result 12.5. Recount 12.6. Reporting of Result 13. Disputes Regarding Elections 13.1. Election Petitions 13.2. Presentation of Petitions 13.3. Jurisdiction 13.4. Decision of the High Court 14. Process of Election to the Rajya Sabha (Total number of votes polled/Total number of candidates to be elected+1)+1 15. Process of Election to Local Bodies 15.1. Delimitation of Constituencies 15.2. Disputes Regarding Elections to Panchayats 16. Conducting Elections to Municipalities 16.1. Disputes Regarding Elections to Panchayats 17. Identifying problem areas with elections in India 18. Attempts at Electoral Reforms and Previous Committees/Panels Criminalization of Politics Money Power in Elections Misuse of Caste and Religion for Electoral Gains Regulating Political Parties Political Reforms 19. General Elections 2014 Factsheet REPRESENTATION OF THE PEOPLE ACT, MODEL CODE OF CONDUCT AND ELECTION RELATED JUDGEMENTS Contents 1. Provisions related to Elections in the Indian Constitution 2. Introduction to the Representation of the People Act 1950 and 1951 2.1. Salient features of Representation of the People Act 3. Representation of People Act, 1950 3.1. Allocation of Seats 3.2. Officers 3.3. Electoral Rolls for Assembly and Parliamentary Constituencies 3.4. Electoral Rolls for Council Constituencies 3.5. Manner of filling seats in the Council of States to be filled by representatives of Union Territories 4. Representation of People Act, 1951 4.1. Qualifications for Members of Parliament and Members of State Legislature 4.2. Provisions for Disqualification for Membership of Parliament and State Legislatures 4.3. Disqualifications for Voting 4.4. Provisions related to the declaration of assets and liabilities 4.5. Provisions related to election expenses 4.6. Provisions for settlement of disputes 4.7. Corrupt practices and Electoral Offences 5.2. Evolution of Model Code of Conduct:5.3. Implications of applying the model code of conduct 5.4. Enforcement of MCC 5.5. Contemporary Challenges in implementing Model Code of Conduct 5.6. Status of Model Code of Conduct 5.7. Should MCC be given legal status?6. Landmark Judgments on issues around Elections 6.1. An Accused can contest the election but cannot vote:6.2. MPs, MLAs to be Disqualified on Date of Criminal Conviction 6.3. Supreme Court refusal to ban politicians facing criminal charges from elections 6.4. Voters’ Right to Know 6.6. The VVPAT Ruling 6.7. Ruling on Election Manifesto 6.8. Stay on Caste-Based Rallies in UP 6.9. Ruling on Nomination Papers 6.10. Right to vote for undertrials 6.11. Banning religion and caste from election campaign 7. Other important issues related to Elections and Electoral Reforms in India 7.1. Independence of the Election Commission 7.2. Simultaneous Elections 7.3. Exit polls & Opinion polls 7.4. Umesh Sinha Committee on Section 126 of Representation of the People Act, 1951 7.5. Reforms related to Electoral Finance 7.6. Issues related to Electronic Voting Machines 8. UPSC Previous Years’ Questions 9. Previous Years’ Questions 1. Election surveys, particularly opinion polls, have recently come under a cloud of controversy because of their ability to influence the voters. Do pre-election opinion polls tangibly influence decisions of voters? Is there a need to impose reasonable restrictions on opinion polls conducted by media.Answer:Conclusion:Arguments in favour of simultaneous elections Arguments against simultaneous elections Examples from across the world:Merits of first past the post system Proportional Representation System Problems with PR system State funding as remedy to check misuse of money power in politics is advocated by many as it can:Role played by Supreme Court (SC)Role played by Election Commission of India (ECI)Role that Media can play Way Forward Challenges posed in conducting free and fair elections Need to amend RPA Other steps CONSTITUTIONAL BODIES Contents 1. Election Commission 1.1. Composition and Appointment 1.2. Independence of Election Commission 1.3. Powers and Functions 1.4. Contribution and Performance of Election Commission 1.5. Issues 1.6. Way Forward 2. Union Public Service Commission 2.1. Composition and Appointment 2.2. Independence of UPSC 2.3. Functions and Responsibilities 2.4. Limitation and Weakness 2.5. Performance of UPSC 3. State Public Service Commission 3.1. Composition and Appointment 3.2. Independence 3.3. Functions and Responsibilities 3.4. Limitation and Weakness 3.5. Performance of SPSCs 4. Finance Commission 4.1. Composition 4.2. Functions 5. National Commission for SCs 5.1. Functions of the Commission 5.2. Powers of Commission 6. National Commission for STs 7. National Commission for Backward Classes 7.1. Composition 7.2. Functions and powers 8. Special Officer for Linguistic Minorities 8.1. Role 8.2. Functions 8.3. Objectives 9. Comptroller and Auditor General of India 9.1. Independence 9.2. Power and functions 9.3. Role played by CAG 9.4. Controversies and Criticisms 10. Attorney General of India 10.1. Duties and Functions 11. Advocate General of State 12. Inter-State Council 12.1. Composition 12.2. Functions 12.3. Significance 12.4. Issues 12.5. Way Forward 13. Goods and Services Tax (GST) Council 13.1. Composition 14. UPSC Mains Previous Years’ Questions 15. Mains Previous Years’ Questions 1. Highlight the Quasi-Judicial and Advisory functions of the Election Commission of India. Do you think the powers of the Election Commission need a relook in context of the challenges it has faced in recent years?Answer:Quasi-Judicial functions of the ECI However, in recent times, the ECI has been facing many challenges such as:In the backdrop of these challenges, there is a need to relook the powers of the ECI such as:Composition of the Finance Commission:Underutilisation of ISC REGULATORY AUTHORITIES IN INDIA Contents 1. Introduction 1.1. Background 1.2. Need for Regulation 2. Regulation in India 2.1. Evolution of Regulation in India 2.2. Types of Regulation in India 2.3. Categories of Regulators in India 2.4. Issues Related to Regulation in India 2.5. Important Regulatory Bodies 2.6. Interaction between Policy Makers and Regulators and its Current Status 2.7. Participation of Stakeholders in the Regulatory Process 2.8. Competition Authority vs. Sector Regulators 2.9. Regulatory Authorities: Consumer Redress 2.10. Regulatory Coherence in India 3. Fiscal Sector Legislative Reforms Commission (FSLRC)Background:Analysis by FSLRC 3.2. Recommendation with Regards to Accountability 4. Recommendations of 2nd ARC ii. Regulation to be effective:iii. Self-regulation is the best form of regulation:iv. Regulatory procedures to be simple, transparent and citizen friendly:5. Single Super-Regulator vs. Multiple Regulators 5.1. Arguments in favor of Unified Supervision 5.2. Arguments against Unified Regulation 6. Future Course of Action 7. UPSC Previous Years Questions 8. Test Series Questions 1. “To ensure that banks give adequate attention to Financial Inclusion, they must view it as a viable business proposition rather than a regulatory obligation”. In this context, discuss the challenges faced in Financial Inclusion in India with special reference to Nachiket Mor Committee recommendations.Answer:2. The Press Council of India is a statutory, quasi-judicial body which acts as a watchdog of the press. But it has not been able to fulfil its mandate. Discuss.Answer:Requirement of PCI:Other concerning issues:QUASI JUDICIAL BODIES Contents 1. Quasi-Judicial Bodies in India 1.1. Examples of Quasi-Judicial Bodies 1.2. Features of Quasi-Judicial bodies 1.3. Reasons for emergence of Quasi-Judicial Bodies in India 1.4. Quasi-judicial bodies vs judicial bodies 2. Tribunals 2.1. Characteristics of Tribunals 2.2. Evolution of Tribunals 2.3. Central Administrative Tribunal (CAT)2.4. State Administrative Tribunals 2.5. Judicial Review of Tribunals decisions 2.6. Categories of Tribunals in India 2.7. Issues faced by Tribunals 2.8. National Tribunal Commission (NTC)2.9. New Rules for Tribunals (2020)2.10. Foreigners Tribunal 2.11. National Green Tribunal (NGT)3. Lok Adalats 3.1. Origin of Lok Adalats 3.2. Jurisdiction of Lok Adalats 3.3. Powers of Lok Adalats 3.4. Permanent Lok Adalats 3.5. Advantages of Lok Adalats 3.6. Issues with Lok Adalats 3.7. Measures to improve functioning of Lok Adalats 4. National Human Rights Commission (NHRC)4.1. Comparison of 2019 Amended Act with the 1993 Act 4.3. Significance of the amendment 4.4. Composition of NHRC 4.5. Appointment 4.6. Removal 4.7. Emoluments 4.8. Functions of NHRC 4.9. Working of NHRC 4.10. Strengths of NHRC 4.11. Weaknesses of NHRC 5. State Human Rights Commission (SHRC)5.1. Composition of SHRC 5.2. Term 5.3. Appointment 5.4. Removal 5.5. Emoluments 5.6. Functions of SHRC 5.7. Working of SHRC 6. Central Vigilance Commission (CVC)6.1. Composition and Eligibility 6.2. Removal 6.3. Emoluments 6.4. Functions 6.5. Working of CVC 7. Central Bureau of Investigation (CBI)7.1. Composition of CBI 7.2. Organization of CBI 7.3. Functions of CBI 7.4. CBI as ‘Caged Parrot’ and steps to make it free 8. Central Information Commission (CIC)8.1. Composition and Appointment 8.2. Tenure and Removal 8.3. Emoluments 8.4. Powers and Functions of Information Commissions 9. Lokpal 9.1. Composition 9.2. Appointment 9.3. Removal 9.4. Jurisdiction 9.5. Emoluments 9.6. Functioning 9.7. Issues 9.8. Way forward 10. Press Council of India (PCI)10.1. Composition 10.2. Functions 10.3. Powers 10.4. Limitations on its powers 11. National Commission for Minority Educational Institutions (NCMEI)12. Consumer Disputes Redressal Commissions 13. UPSC Previous Years’ Questions 14. Previous Years’ Questions 1. What is the legal sanction behind the establishment of Foreigners' Tribunals? Comment on the need of strict judicial supervision given the context in which they function.Answer:2. What are the different rights available to the consumers under the Consumer Protection Act, 1986? Explaining the three layered quasi-judicial mechanism put in place under the Act, mention the measures that can be taken to improve the functioning of these forums.Answer:3. Tribunals in India have not just replicated some of the problems that our judiciary suffers from but added a few more. Discuss.Answer:A. Pendency and Vacancy in Tribunals B. Lack of Independence with Tribunals:C. Administrative Concerns: Non-Uniformity in Regulation D. Jurisdiction of the High Courts ♤ Issues with Consumer Courts:Analysis of NHRC’s working Suggestions

< Previous | Contents | Next >