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Insights Daily Answer Writing Challenge – Day – 14

QUESTIONS ASKED- DAY 14 (02/08/2013)

1) “It is a fact that most of the corrupt come from the O.B.C.s and the scheduled caste and now increasingly the scheduled tribes. And as long as this is the case, the Indian republic will survive.” Critically analyze the statement. (300 words)

2)“The basic structure doctrine is an embargo upon the Parliamentary supremacy”. Critically comment. (300 words)

RESPONSES:

  1. abhishek
    2 Votes

    1)The statement was made by a famous journalist in a conference which became a reason of protest by the backward communities against this biased comment.

    First of all the comment is a biased one which links corruption with certain communities . The comment is irresponsible as the corruption and honesty doesnot characterize any community and they are individual attributes and attempt to generalise them is a direct infringement on the right of equality and right to live with dignity guaranteed by our constitution to every citizen of the country.We have various cases of honest person from backward castes and a dishonest person from a higher classes ,thus any generalisation on this aspect must be avoided.

    The second part which says as long as it is the case indian democracy survives,puts a question mark on the socio-economic situation of the country whether equal oppurtunities to grow are provided to each and every section of society or the backward society still feel alienated due to lack of social status . But this aspect of statement is also wrong and supportive of a wrong trend of using wrong means to remove backwardness.

    The statement also can’t appreciate the various steps taken by the government to improve the situation of backward classes.It also ignores that in the present times there has been a significant improvement in the social status of backward classes ,many of whom have reached to positions of prime minister ,president,speaker of lok sabha and cheif ministers etc.

    Thus on every aspect this statement is irresponsible and have the potential of disrupting the ever increasing feeling of unity and patriotism.This is far from reality .

    • Rate This Response!

      nicely written….can you please provide separate elaboration on second part which talks about survival of republic of India. Thank You

      • Anjali Motghare
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        Sahil good answer, in the statements context. Let me correct u, Ashish Nandy is not a journalist, and he said this in Jaipur Literary Festival. He said this sentence over reservations use. Yes in reality those who even don’t need they also using reservation ladder to reach to top.

  2. 2 Votes

    2)“The basic structure doctrine is an embargo upon the Parliamentary supremacy”. Critically comment. (300 words)
    Ans
    Doctrine of basic structure was evolved by Supreme Court in Keshwanand Bharti Case in 1973 and held that certain principles cannot be amended by parliament under any circumstances. They are outside the purview of amending power of parliament and any law enacted to bypass those principles will be declared null and void.
    Of late, political executive contended that a parliament is the representative of the people and therefore has the power to amend any provision of constitution according to will and welfare of people. In India, unlike Britain, Constitution and not parliament is supreme, Even the parliament has to work under the provisions of constitution and shall not trespass its mandate.
    Supreme Court held that basic structure include supremacy of constitution, sovereignty, democratic and republican nature of India polity, secular character of constitution, separation of power between 3 organs of government etc. All these features are intrinsic for a democratic, secular setup which is free to exercise in its own capacity. Any political interference for short term gains can jeopardize the security and peace of the country and may compromise the freedom and rule of law.
    Many features like sovereignty is necessary for maintaining independence from any foreign pressure, secular character is indispensable for maintaining communal harmony and a sense of brotherhood and fraternity while republic character talks about democratic head of state, separation of power brings about a sense of stability in political, judicial and social life and prevent clash of interest of various organs. Unity and integrity is necessary to counter nay external threat and for the prosperity and welfare of the people. Any legislation which impede upon these provisions must be dealt with iron fist because compromise on the democratic and sovereign credentials may give rise to internal colonialism, suppression of freedom, gross human right violations.
    Hence in order to encapsulate, doctrine of basic structure in no way impeded upon parliamentary supremacy rather it substantiated democracy and rule of law and accelerated free, fair and participative parliamentary arrangement. Parliament is still the sole authority to enact laws but it must not act malafide and in biased manner.

  3. riddhu
    3 Votes

    The basic structure doctrine is an embargo upon the Parliamentary supremacy”. Critically comment. (300 words)

    The prudence of our constitution makers lie in crafting fine balance among the three pillars of our democracy: Parliament, Executive and Judiciary. Certainly the parliament is more visible in its functions as it consists of people directly elected by the people of India or representatives chosen by such elected persons. Yet, the parliament is neither supreme nor sovereign like that of Britain due to written constitution, federal nature of polity, fundamental rights and of course judicial review. This makes our parliament to work under boundary and whenever it has tried to cross it judiciary has come to halt it.

    After a huge debate and judgments over years which provisions or part of the constitution parliament can amend especially with respect to wrangle between supremacy of fundamental rights and directive principles of state policy ,the judiciary through its doctrine of basic structure of constitution as laid down in Keshavananda Bharti case(1973) clearly said that constitutional power of parliament under Article 368 does not allow it alter the basic structure of the constitution. The echoes of this doctrine were further reiterated in Minerava Mills case (1980) and Waman Rao case(1981).

    Though the doctrine is not specifically defined, through various judgments : the supremacy of the constitution, secular and federal nature of our polity, judicial review, free and fair election, welfare state, rule of law, principle of equality, independence of judiciary, unity and integrity of nation are laid as basic structure of constitution and hence must not be tempered with.

    The doctrine has strengthened the roots of democracy. It is through this doctrine court has rejected president rule when imposed on ingenuine grounds or continued by promulgating ordinances and thus not holding elections; banned communal manifestoes; preserved principle of judicial review ( 42nd Amendment Act 1976) and thus has prevented parliament from being reckless especially when one party rule prevails.

    • Asha Goud
      Rate This Response!

      Hi Riddhu, i liked the introduction very much.
      However the answer did not mention what the Basic Structure Doctrine was.
      In the Keshwanand Bharti case the Supreme Court gave the basic structure doctrine. According to the doctrine there are certain basic features of the constitution which cannot be altered by an amendment in the constitution. A act of altering the basic structure would be equivalent to enacting a new constitution.
      Also supreme court has identified Judicial review as a basic structure, therefore final word regarding deciding constitutionality remains with the supreme court.

  4. gao
    1 Vote

    1) “It is a fact that most of the corrupt come from the O.B.C.s and the scheduled caste and now increasingly the scheduled tribes. And as long as this is the case, the Indian republic will survive.” Critically analyze the statement. (300 words)

    This type questions will never ask in any UPSC exam but we can expect questions relating in & around the basic issues- like corruption&caste,freedom of expression etc- of this type statement from the prominent thinkers like Ashish nandy. am i right?

    • 1 Vote

      I am aware this type of question will never be asked in Mains. There is a misconception regarding the statement, so would like to know if serious aspirants are clear about it. A neutral, emotion-free answer is expected.

      However, this question is a possibility in the interview.

    • 1 Vote

      Ya, you are right. It is from Ashis Nandy.

  5. lakshmi prasanna
    1 Vote

    The issue is caste of corruption. The fact is that most of the Indian population is from under caste communities so chances of forming majority corrupt are natural. Trouble shooting point is looking corruption based on caste. Even people of upper cast people are violating their professional ethics but most of the times bottom of social pyramid are involved. Reasons for this are their socio-economic status which includes
    Economically privileged upper caste is able to develop social network system, where as disadvantaged lower caste lack in it. For using network system and for getting things done they need money, later it is called as corruption but upper caste used network directly in place of money which is not called as corruption. Also as network is in their hands protected well from expose.
    Social groups long term subject to humiliation, dignity politics often trump good governance. So it is seen in politics lower caste people get elected with votes of their caste. After election they get exposure to the whole group and grasp self esteem and dignity. Similarly feels all these years the upper caste looted public money now it’s our turn, leads to corrupt.

    In a survey of politician corruption in 102 legislative jurisdictions in Uttar Pradesh, where caste-based polarization in voting behavior increased between 1980 and 1996, show a decline in the quality of the politicians who win. They find clear evidence of a trade-off between caste loyalty and quality of politicians.

    Again lokpal bill is opposed by most of the minority politicians because they afraid of mass movements, particularly when these are led by upper classes because of threat from them.

    Finally government to maintain equity used strategy like reservations which failed to serve the purpose. So quick steps are needed which develops them from socio-economic disadvantages

  6. lakshmi prasanna
    Rate This Response!

    Q) Judiciary has attempted to dilute pardoning power of president under article 72 of constitution. analyze?
    pls try this question

  7. Asha Goud
    3 Votes

    Q “It is a fact that most of the corrupt come from the O.B.C.s and the scheduled caste and now increasingly the scheduled tribes. And as long as this is the case, the Indian republic will survive.” Critically analyze the statement. (300 words)

    A: The prevalence of caste can be traced to 3000 yrs back in history to the Vedic times. Caste was associated with the occupation. However to maintain power and position in the society certain caste declared themselves as superior and created a hierarchy of caste. The higher caste exploited the lower caste since then.

    To ensure that the exploitation is brought to an end the Constitution of India identifies the backward castes and tribes as Scheduled Caste (SC) and Scheduled Tribe (ST) and provides for reservation of certain proportion of seats in public employment and educational institutes.

    The given statement mentions scheduled caste, scheduled tribes and OBCs along with corruption in the same breath. Corruption refers to an act of abuse of authority for personal gains. Corruption is omnipresent in society. Motive behind the act of corruption is to gain money and power. An act of corruption is always condemned but not necessarily the corrupt person. Acceptance or rejection of a person in Indian society is based on the caste of the person and his economic status in society, where caste is the major determining factor.

    The above statement tries to make an argument that the SCs, STs and OBCs are increasingly committing acts of corruption to gain a position of superiority in terms of money and power as it would provide them acceptance in the society. Also acceptance received in such a way would strengthen the framework of Indian republic.

    However what the statement is trying to put across is highly unjustifiable. Firstly because it labels the SCs, STs and OBCs as the people who are most likely to be corrupt. Therefore questioning the integrity of the whole community on no ground whatsoever. Secondly it tries to justify the acts of corruption on the grounds that it would help achieving equality in society.
    Therefore such statements should be not be made which is directed towards a community and puts them in bad light.

  8. Anjali Motghare
    1 Vote

    Basic Structure Doctrine evolved out of two circumstances, one Parliament started amending constitution to often, and two SC shifted its stance in Prasad Singh Deo vs Union of India, Sajjan Singh vs State of The State of Rajasthan and in Golknath vs The State of Punjab cases. In Keshavnanda Bharti case SC pronounced that the Parliament could not distort, damage or alter the basic features of Constitution under the pretext of amending power, is called as Basic Structure Doctrine.
    In India SC is the guardian of Constitution. So it can strike down the law which is contrary to Constitution.
    As per my view Basic Structure doctrine protects the essential features of Constition. Till now if we observe, sovereign, democratic and secular character of polity, rule of law, independence of the judiciary, fundamental rights of the citizens, etc. are some of the essential features of the Constition that have only appeared in the Supreme court’s pronouncements.
    Instead many a times in Parliament ruling party with majority,
    amended Constitution to its fervor like Indira Gandhi’s election validity,
    so its necessary there should be some authority to keep check on government to save Constitution from misuse.
    Constitution does have some essential features which cannot be taken away. Article 13 itself defines some features related to Fundamental Rights. Which is also amended by Parliament to give effect DPSP. Though SC evolved Basic Structure doctrine, it doesn’t struck down valid and essential
    amendments under the doctrines pretext.
    Parliament is a sovereign body and it possesses right to amend the Constitution under Article 368. It can amend any part to give effect DPSP, and SC held valid such amendments, nationalization of banks and the like which are for welfare measures.
    Yet there is no case where SC arbitrarily used Basic Structure Doctrine to invalidate amendments.So it cannot be said that Basic Structure Doctrine is embargo on Parliaments Supremacy.

  9. riddhu
    Rate This Response!

    To Insights,
    Sir, as basic structure doctrine is hot favourite question of Upsc pls give your views on the question you have asked.

  10. simran
    1 Vote

    Its fact that most of the corrupt come from the obc, sc and st. And as long as this is the case the indian republic will survive?
    ANS
    before strt i would like to give a light on such topic which related to the caste i.e caste is only thing due to which we alwys fought and if we fond ratio i.e 99% about the fight or any corrupt think which was going on only bcz of caste.
    Before i said any thing u told me why always caste and religion too comes in our way? Why ?
    We r democratic we have a right to vote to anyone .indirectly we select the ministers nd they have always a topic which related to the caste and religion bcz they know well that our weakness, they know we ready to fought with each other on name of caste and religion. Even none of them talking about poverty line of people who dont get food for whole day they alwas have topic regarding quotes, reservation , why this if u want to give a benefit for poor peoples provide the facility who belows the poverty line instead of provoking people regarding castes and religion.
    We all r human nd we all created by god its up to us what we say who create us god , allah, jessus its all upto us . When our creator who create each and every thing if he dont many any diff in us so why we, only bcz we get profit wid dat.
    We dont know who create these caste or religion but whom ever create this its not creation its a destruction of human being, bcz caste and religion is only thing which create distruction either in form of terrorism or in form of blasting or in any form.
    Its a issue around 1.8 yr ago i.e in aligarh there is statue of Dr. Ambedkar whoes broke in night and no one knows that who was behind that and as a result there is rally by people and conclusion by them is its done by opposion.
    May be wat ever they think that true but if they r wrong then?
    May be ruling party done that work so?
    But directly and indirectly conclusion is caste nd religion comes in humanity way???
    And saying this that indian republic survive bcz of caste so my perception is its a false satement bcz we all know well dat caste is not a problem , problem is corruption.
    Why sonia gandhi and rajiiv gandhi always do work at the time of election why the bill which was gives by aana hzare only pass rajay sabha, not it goes to lok sbha why? Why only at the time of election there is reduction in rate of food grain why? Why rajiv gandhi elected whereas our constitution say any person have criminal record not stand for election so why law not act on rahul gandhi why? Why Mr. Kalam aor former president not again make president even he is done best work regarding there time period.
    So i just wnt to say blame on caste and religion is not way we all knows well the real reson behind all this is corruption either its a issue of survival of imdian republic or a corruption of person

    • simran
      Rate This Response!

      I m getting confuse regarding second ques plz help me plzzz
      Thknss

    • Rate This Response!

      Simran,

      I appreciate you for trying to answer this question. But your answer is very immature. Please read related articles on the question given. You should never mention names of political leaders or give opinion on political parties in the UPSC main exam.

      As Sahil pointed out, you are asking the evaluator more questions than answering the main question. Take your time, read well, form an unbiased opinion and answer the question.

      Keep trying – initially we all committed the same mistake.

  11. Biman Ghosh
    Rate This Response!

    2)“The basic structure doctrine is an embargo upon the Parliamentary supremacy”. Critically comment. (300 words)

    The “basic structure doctrine” of constitution was coined by the Supreme court of India during the hearing of Keshavnanda Bharti(1973)case.According to this doctrine the supreme court held some part of our constitution as absolute rigid,like,the Preamble,DPSP,the status of Supreme court,etc.which cannot be amended by any kind of legislation.

    the supreme court was convinced enough that these parts of constitution are very essential structure and imperative to keep the original philosophy and right spirit of our people,which was envisaged by our constitutional makers for this country.The basic structure of our constitution reflects the original vision of our country.

    Though,in most of the parliamentary governments across the world, parliament supremacy remains, but in India,under this doctrine,the SC prevents any amendment in this basic structure that can tilt the real vision and philosophy of the constitution and ultimately can have averse effects over the functioning of democracy.It has been created by taking into account all the future potential political scenarios.the SC wants the govt. to be bonded with the moral and real principles of our constitution forever and act as per our constitution allows it to do.It is in fact, to tame the wild horses of .parliamentary supremacy.

    The point to be noted is that, the SC held only that part as “basic structure”,which is either philosophical in nature, which guides the government while formulating policies for country or the guardian in nature,which is very necessary to guard the basic vision and to justify the acts of government in entire constitution.It also secure the source of constitution from where it had been derived.
    Thus,all together the SC ensured the well functioning of democracy as well as preserving the principle values and philosophies of our constitution by defining the basic structure of the Constitution.More or less,its an embargo over the parliamentary supremacy.