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SECURE SYNOPSIS: 15 NOVEMBER 2019

SECURE SYNOPSIS: 15 NOVEMBER 2019

NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.

Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply. Therein.

1) President rule in a state cannot be imposed on a political fancy but on an objective material. Examine the statement in the light of S.R. Bommai Case. (250 words)

The hindu

Indian Polity by Lakshmikant

Why this question:

The question is amidst the recent application of president’s rule across various states of the country.

Key demand of the question:

One must elaborate on the objectivity quotient that is often claimed while proclaiming president’s rule. Also elucidate upon the judgment of S.R. Bommai Case.

Directive:

Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction: 

In first explain the recent incidents of president’s rule.

Body:

Explain about S.R. Bommai case verdict President’s rule. 

Discuss the need for objectivity in imposing president’s rule in the state.

Add a brief note on the recommendations given by various commission

Commission.

Conclusion:

Give a futuristic way forward for the same.

Introduction:    

Maharashtra Governor Bhagat Singh Koshyari’s recommendation for President’s rule in the State under Article 356 (1) of the Constitution has once again whipped up the issue of political whim and fancy by which it is used. A nine-judge Constitution Bench of the court in the Bommai case, which is the reigning authority on the use and misuse of Article 356, had held that political whim or fancy cannot form the basis for the President to proclaim central rule in a State

Body:

S.R Bommai vs Union of India case:

  • R. Bommai was the Chief Minister of the Janata Dal government in Karnataka.
  • His government was dismissed on April 21, 1989 under Article 356 of the Constitution and President’s Rule was imposed.
  • The dismissal was on grounds that the Bommai government had lost majority following large-scale defections engineered.
  • The then Governor refused to give Bommai an opportunity to test his majority in the Assembly despite the latter presenting him with a copy of the resolution passed by the Janata Dal Legislature Party.
  • Bommai party went to Supreme Court against the Governor’s decision to recommend President’s Rule.

Verdict of the case:

  • Supreme Court issued the historic order, which in a way put an end to the arbitrary dismissal of State governments under Article 356 by spelling out restrictions.
  • Verdict concluded that the power of the President to dismiss a State government is not absolute.
  • The verdict said the President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament. Till then the President can only suspend the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly.
  • The dissolution of Legislative Assembly is not a matter of course. It should be resorted to only where it is found necessary for achieving the purposes of the Proclamation.
  • In case both Houses of Parliament disapprove or do not approve the Proclamation, the Proclamation lapses at the end of the two-month period. In such a case, the government which was dismissed revives.
  • The Court made it amply clear that a Presidential Proclamation under Article 356 is subject to judicial review.
  • Article 356 could only be resorted to when there was a breakdown of constitutional machinery, as distinguished from an ordinary breakdown of law and order.

Implications of the verdict:

  • This case put an end to the arbitrary dismissal of State governments by a hostile Central government.
  • The verdict also categorically ruled that the floor of the Assembly is the only forum that should test the majority of the government of the day, and not the subjective opinion of the Governor.
  • Whenever the case of a hung Assembly, and the subsequent exercise of government formation, came up, the Bommai case would be cited, making it one of the most quoted verdicts in the country’s political history.
  • It has further to be remembered that the Article requires that the President ‘has to be satisfied’ that the situation in question has arisen. Hence the material in question has to be such as would induce a reasonable man to come to the conclusion in question.
  • the President has to be convinced of or should have sufficient proof of information with regard to or has to be free from doubt or uncertainty about the state of things indicating that the situation in question has arisen.
  • The court had stated that although the sufficiency or otherwise of the material cannot be questioned, the legitimacy of inference drawn from such material is “certainly open to judicial review”.
  • The proclamation by the President under Article 356 is on the advice of the Council of Ministers tendered under Article 74(1).
  • The Union Cabinet considered the report of the Governor and has approved making a recommendation to President to issue a Proclamation under article 356(1) of the Constitution imposing President’s rule in relation to the State of Maharashtra and keeping the State Legislative Assembly under suspended animation.

Conclusion:

Article 356 (1) has been deliberately drafted in a narrow language by the Founding Fathers so that political parties in the Centre does not misuse it to subvert federalism. The proclamation of President’s rule in a State is open to challenge if there is no supporting objective material. The Council of Ministers under our system would always belong to one or the other political party. In view of the pluralist democracy and the federal structure that we have accepted under our Constitution, the party or parties in power [in case of coalition Government] at the Centre and in the States may not be the same. Hence there is a need to confine the exercise of power under Article 356[1] strictly to the situation mentioned therein which is a condition precedent to the said exercise.

Topic:Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply. Therein.

2) Discuss the Salient features of Indian Constitution. How Indian secularism is different from the concept of western secularism. Discuss. (250 words)

Indian Polity by Laxmikanth

Why this question:

The question is from the static portions of GS paper II.

Key demand of the question:

Discuss the Salient features of Indian Constitution in detail and explain how Indian secularism is different from the concept of western secularism.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction: 

Give a brief introduction like ‘Though borrowed from almost every constitution in the world, Indian constitution is unique in its contents and spirit and have several salient features’.

Body:

Briefly discuss in points various features of Indian Constitution like length, sources, blend of rigidity and flexibility, quasi federal nature, synthesis of parliamentary sovereignty and judicial supremacy, Integrated yet independent judiciary, single citizenship etc. 

In second half of the question brings out the differences between Indian concept of secularism and western concept of secularism. 

Conclusion:

India’s unique model of secularism has so far been a successful model which is evident from the sustained harmonious coexistence of almost all religions of the world in the country for centuries.

Introduction:    

The Constitution of India is considered as a distinctive constitution around the globe. It is the largest written liberal democratic constitution of the world. It offers for a mixture of federalism and Unitarianism, and flexibility and with rigidity.

Body:

Salient features of Indian constitution:

  • Preamble of the Constitution:
    • The Preamble consists of the ideals, objectives and basic principles of the Constitution.
    • The salient features of the Constitution have developed directly and indirectly from these objectives which flow from the Preamble.
    • It asserts India to be a Sovereign Socialist Secular Democratic Republic and a welfare state committed to secure justice, liberty and equality for the people and for promoting fraternity, dignity the individual, and unity and integrity of the nation.
    • The Preamble is the nature of Indian state and the objectives it is committed to secure for the people.
  • Democratic system:
    • The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights.
    • Free fair and regular elections are held for electing governments
  • India is a Republic:
    • The Preamble declares India to be a Republic.
    • India is not ruled by a monarch or a nominated head of state. India has an elected head of state (President of India) who wields power for a fixed term of 5 years.
    • After every 5 years, the people of India indirectly elect their President.
  • Union of States:
    • Article I of the Constitution declares, that “India that is Bharat is a Union of States.”
  • Fundamental Rights and duties:
    • The Constitution of India grants and guarantees Fundamental Rights to its citizens.
    • The constitution of India confirms the basic principle that every individual is permitted to enjoy certain basic rights and part III of the Constitution deals with those rights which are known as fundamental right.
    • The Six FR include- Right to Equality; Right to Freedom; Right Against Exploitation; Right to Freedom of Religion; Cultural and Educational Rights and Right to Constitutional Remedies (Art. 32).
    • The fundamental rights are justiciable and are not absolute. Reasonable constraints can be imposed keeping in view the security-requirements of the state.
    • A new part IV (A) after the Directive Principles of State Policy was combined in the constitution by the 42nd Amendment, 1976 for fundamental duties.
  • Directive Principles of State Policy:
    • A unique aspect of the Constitution is that it comprises of a chapter in the Directive Principles of State Policy.
    • These principles are in the nature of directives to the government to implement them to maintain social and economic democracy in the country.
  • Parliamentary System:
    • The Constituent Assembly decided to espouse Parliamentary form of government both for the Centre and the states.
    • In Indian parliamentary system, distinction is made between nominal and real executive head.
    • The Council of Ministers is responsible before the Lok Sabha, The lower house of union parliament. There are close relations between executive and legislature.
  • Federal structure of government:
    • A federal state is a state where a country is divided into smaller regions and the government is functioning at two levels.
    • The Indian Constitution has envisaged a federal structure for India considering the geographical vastness and the diversity of languages, region, religions, castes, etc.
    • Written Constitution, supremacy of the Constitution, division of powers between Union and States, bicameral Legislature, independent Judiciary, etc. are the features of Indian federation.
    • Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or as ‘a federation with a unitary bias, or even as ‘a Unitarian federation.’
  • Bicameralism:
    • The Constitution provides for a Bicameral Legislature at the Union level and names it as the Union Parliament.
    • Its two Houses are: The Lok Sabha and the Rajya Sabha.
  • Universal Adult-Suffrage:
    • All men and women enjoy an equal right to vote. Each adult man and woman above the age of 18 years has the right to vote.
    • All registered voters get the opportunity to vote in elections.
  • Single integrated State with Single Citizenship:
    • India is the single Independent and Sovereign integrated state.
    • All citizens enjoy a common uniform citizenship.
    • They are entitled to equal rights and freedoms, and equal protection of the state.
  • Integrated Judicial System:
    • The Constitution provides for a single integrated judicial system common for the Union and the states.
    • The Supreme Court of India works at the apex level, High Courts at the state level and other courts work under the High Courts.
  • Independent Judiciary
    • It is necessary to secure the philosophical foundations of the rule of law and democracy.
    • Firstly, the Constitution makers created a separate Judiciary independent of Legislature and Executive.
    • Secondly, the Constitution has ensured complete independence of Judiciary in the matters of administration and finances.
  • Amending the Constitution of India:
    • Amending the Constitution of India is the procedure of making modifications to the nation’s fundamental law or supreme law.
    • The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
    • This procedure guarantees the sanctity of the Constitution of India and keeps a check on uninformed power of the Parliament of India.
  • Judicial Review:
    • The judiciary has significant position in Indian Constitution and it is also made independent of the legislature and the executive.
    • The Supreme Court of India stands at the peak of single integrated judicial system.
    • It operates as defender of fundamental rights of Indian citizens and guardian of the Constitution.
  • Basic Structure doctrine:
    • The basic structure doctrine is an Indian judicial norm that the Constitution of India has certain basic features that cannot be changed or destroyed through amendments by the parliament.
    • The basic features of the Constitution have not been openly defined by the Judiciary.
    • At least, 20 features have been described as “basic” or “essential” by the Courts in numerous cases, and have been incorporated in the basic structure.
    • In Indira Gandhi v. Raj Narayan case and also in the Minerva Mills case, it was witnessed that the claim of any particular feature of the Constitution to be a “basic” feature would be determined by the Court in each case that comes before it.
  • Secularism:
    • In no other country of the world so many religions co-exist as in India. In view of such diversity the Constitution guarantees complete freedom of religion to all.
    • The citizens of our country are free to follow any religion and they enjoy equal rights without any distinction of caste, creed, religion or sex.
    • The State does not discriminate against anyone on the ground of his religion, nor can the State compel anybody to pay taxes for the support of any particular religion.
    • Everybody is equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
    • The Constitution regards religion as a private affair of individuals and prohibits the State from interfering with it. The Constitution also grants various cultural rights to minorities.

Difference between the Indian and western secularism: Over the years, India has developed its own unique concept of secularism that is fundamentally different from the parallel western concept of secularism in the following ways:

  • As per the western model of secularism, the “State” and the “religion” have their own separate spheres and neither the state nor the religion shall intervene in each other’s affairs.
  • Thus, the western concept of secularism requires complete separation of religion and state.
  • However, in India, neither in law nor in practice any ‘wall of separation’ between religion and the State exists.
  • In India, both state and religion can, and often do, interact and intervene in each other’s affairs within the legally prescribed and judicially settled parameters.
  • In other words, Indian secularism does not require a total banishment of religion from the State affairs.
  • As per the western model, the state cannot give any financial support to educational institutions run by religious communities.
  • On the other hand, Indian model has chosen a positive mode of engagement.
  • In India, the state provides all religious minorities the right to establish and maintain their own educational institutions which may receive assistance from state.
  • In the western model, State does not intervene in the affairs of religion till the time religion is working within the limits of the law.
  • On the other hand, in Indian secularism, state shall interfere in religion so as to remove evils in it.
  • India has intervened by enforcing legislation against the practices of sati or widow-burning, dowry, animal and bird sacrifice, child marriage, and preventing Dalits from entering temples.
  • In western concept of secularism, religion is relegated entirely to the private sphere and has no place in public life whatsoever.
  • The western model prohibits any public policy to be drafted on the basis of religion therefore; state is absolutely distanced from the religious activities and practices of its citizens.
  • In India, state has the policy of setting up Departments of Religious Endowments, Wakf Boards, etc. It is also involved in appointing Trustees of these boards.

Conclusion:

The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that several features of the constitution have been borrowed from other constitutions from all around the world, it is really a unique piece of work.

Topic: population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies. Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

3) Explain how Guru Nanak’s langar is helping UN achieve its ‘zero hunger’ goal. (250 words)

Indianexpress

Why this question:

Of 17 Sustainable Development Goals (SDGs), the second one ⁠— ‘zero hunger’ ⁠— aims to end extreme hunger and malnutrition, especially among children, by 2030. The article captures the role that the principle of ‘Langar’ can play in eliminating hunger issue in the country.

Key demand of the question:

The answer must discuss the concept of Langar propounded by Guru Nanak and in what way it can aid in achieving zero hunger goals of SDGs.

Directive:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction: 

In short highlight how Guru Nanak’s ‘langar’ is contributing to achieving this goal and reducing malnutrition in African countries, bringing down ‘preventable children deaths’.

Body:

Explain what ‘Langar’ is – Langar refers to a system of developing a community kitchen, where people irrespective of their caste, religion and social status sit together on the floor and have food.

Discuss the link between Guru Nanak and langar.

Explain the relevance of it to UN’s ‘Zero Hunger’ goal.

Conclusion:

Conclude with way forward.

Introduction:    

Sustainable Development Goal 2 aims to end extreme hunger and malnutrition, especially among children, by 2030 and achieve a universal call to end poverty and protect the planet. Guru Nanak’s ‘Langar’ is contributing to achieving this goal and reducing malnutrition in African countries, bringing down ‘preventable children deaths’.

Body:

Langar:

  • Langar refers to a system of developing a community kitchen, where people irrespective of their caste, religion and social status sit together on the floor and have food.
  • The institution of Langar finds its roots in two teachings of Sikhism — ‘Kirat karo, naam japo, vand chako’ (work, pray, and share with others whatever you earn) and ‘Sangat aur pangat’ (eat sitting together in rows on the floor).
  • According to Paramvir Singh, professor, department of encyclopedia of Sikhism, Punjabi University, Patiala, the word ‘Langar’ has its origin in Persian, and means a public eating place where people, especially the needy, are given food.

Langar and zero hunger goal:

  • Several Sikh organisations like Khalsa Aid, Langar Aid, Midland Langar Seva Society and others are now branching out to other countries where Langar is used to provide nutritious meals to the undernourished.
  • One such organisation is ‘Zero Hunger With Langar’ which is specifically working in two African countries — Malawi and Kenya — which are among the countries with the highest malnutrition rates among children and feature in the UN’s target list.
  • Founded in 2016, ‘Zero Hunger with Langar’, working under its parent body ‘Guru Nanak Nishkam Sewak Jatha’ based in the UK, is currently serving over 1.50 lakh meals a month to malnourished children in Malawi and nearly 8 lakh meals a month in Kenya.
  • The project in Kenya involves cultivating 300 acres of land and aim to serve 10 million meals a year.
  • Malawi is among the countries with the highest levels of malnutrition in the world where children are exploited for something as basic as food. They are made to work in return for food.
  • The project is now serving highly nutritious porridge meals with maize, soya etc. rich in carbohydrates and other vitamins, minerals to them.
  • Since 2016, more than 3 million meals are served in Malawi. Poor families here were just mixing water in maize flour and drinking it to fill their stomachs.

Impact of the ‘Zero Hunger with Langar’ movement in Malawi:

  • Attendance in primary schools and nurseries has improved considerably where more than 90 per cent malnutrition-free across the centres in Malawi.
  • According to a UNICEF report published in 2018, In Malawi, malnutrition still remains a serious challenge and contributes to preventable children deaths.
  • Twenty-three per cent of all children deaths in Malawi are related to undernutrition. Four per cent of under-5 children here still suffer from acute malnutrition.
  • There is occurrence of anaemia in 64 per cent of children from 6 to 59 months.
  • Thirty-seven per cent children are affected by stunting and just 8 per cent children from 6 to 23 months of age meet the minimum acceptable diet.

Conclusion:

Every person can learn a lot from the teachings of Guru Nanak Dev. Leaders of the world can also learn from his life and teachings so that meaningful dialogues between various communities can be initiated (especially in the conflict-ridden parts of the world). This will certainly propagate the ideas of peace, stability and cooperation, and make the world a better place to live in.

Topic:Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

4) There is urgency to develop and implement multi-sectorial strategies to combat the growing epidemic of prevalence of Diabetes. Provide for a detailed analysis. (250 words)

The hindu

Why this question:

The article discusses high prevalence of Diabetes in India on the occasion of world Diabetes day.

Key demand of the question:

Explain the alarming health epidemic of Diabetes that India is facing. And what steps are to be taken to overcome the issue and put a control on the rising numbers. 

Directive:

Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. 

Structure of the answer:

Introduction: 

The ninth edition of the IDF Diabetes Atlas offers projections that continue to put India at the second slot right up to 2045. And the numbers are staggering just over 134 million Indians will be diabetics in the next 25 years.

Body:

Narrate the context of question with suitable facts first.

Explain the causative factors that have led to such a health state in the country. 

Discuss what needs to be done?

Suggest solutions.

Conclusion:

Conclude that Diabetes, being a lifestyle disorder with multidimensional causative factors, definitely needs a multidimensional approach.

Introduction:    

Diabetes is a metabolic disease or a condition in which the glucose levels in the blood will be high over a prolonged period of time. In other words, it can be defined as a condition that occurs when the body cannot efficiently make use of glucose that serves as a source of energy for body cells. Blood sugar levels are controlled by a hormone called insulin.

Body:

Situation in India:

  • One in six people with diabetes in the world is from India.
  • The numbers place the country among the top 10 countries for people with diabetes, coming in at number two with an estimated 77 million diabetics.
  • Prevalence of diabetes in India has been recorded at 11.8% in the last four years with almost same percentage of men and women suffering from the disease.
  • The prevalence of diabetes among males was 12%, whereas among females it was 11.7%. Highest prevalence of diabetes (13.2%) was observed in the 70-79 years’ age group.
  • The ninth edition of the IDF Diabetes Atlas offers projections that continue to put India at the second slot right up to 2045. And the numbers are staggering — just over 134 million Indians will be diabetics in the next 25 years.
  • India is on the top of the table of a clutch of countries in from southeast Asia — Bangladesh, Sri Lanka, Nepal and Mauritius. Bangladesh, which is second on the list of top five countries with diabetes (20-79 years), however, has only 8.4 million diabetics.

Causes:

  • Even among the urban poor, the physical activity is decreasing and calorie intake through the junk food is increasing. For e.g. most of them prefer to use 2-wheelers now rather than walk or cycle.
  • Migrants from rural areas to cities have been found to be adopting to the urban lifestyle which promotes physical inactivity and high calorie food intake.
  • A study conducted found that people of lower socio-economic status in urban areas had diabetes due to an increasing sedentary life, consumption of carbohydrates, and lower intake of fruits and vegetables.
  • Another factor was environmental pollution, as a majority of their homes faced the road.”
  • Most of the urban poor don’t go for regular medical or health check-ups, result of which is that early symptoms of diabetes are neglected and no preventive measures are taken

Consequences:

  • The treatment for the diabetes is expensive one (at least Rs 40 per day) and cannot be afforded by most of the urban poor.
  • It leads to the high out-of-pocket expenditure for those who decide to undergo treatment.
  • It is also leading to more numbers of premature deaths among the urban poor.
  • It is leading to high number of mortality rate among the urban poor compared to other urban citizens.
  • The social cost due to death of an earning person by diabetes cannot even be measured as it hampers or halts the overall progress of the whole family or persons dependent on them.

Measures to combat Diabetes:

  • Health promotion, awareness generation and promotion of healthy lifestyle:
  • Given that the major determinants to hypertension, obesity, high blood glucose and high blood lipid levels are unhealthy diet, physical inactivity, stress and consumption of tobacco and alcohol, awareness will be generated in the community to promote healthy life style habits.
  • For such awareness generation and community education, various strategies will be devised /formulated for behavior change and communication by inter personal communication (IPC), involvement of various categories of mass media, civil society, community based organization, panchayats/local bodies, other government departments and private sector.
  • The focus of health promotion activities will be on:
    • Increased intake of healthy foods
    • Sugar and sweet reduction
    • Increased physical activity/regular exercise
    • Avoidance of tobacco and alcohol
    • Reduction of obesity
    • Stress management
    • Awareness about warning signs of cancer etc.
    • Regular health check-up
  • Screening and early detection:
    • Screening and early detection of non-communicable diseases especially diabetes, high blood pressure and common cancers would be an important component.
    • The suspected cases will be referred to higher health facilities for further diagnosis and treatment.
    • The screening of the urban slum population would be carried out by the local government/municipalities in cities with population of more than 1 million.
    • The ANMs will be trained for conducting screening so that the same can be also conducted at sub centre level. Each district will be linked to nearby tertiary cancer care (TCC) facilities to provide referral and outreach services. The suspected cases will be referred to District Hospital and tertiary cancer care (TCC) facilities.
  • Timely, affordable and accurate diagnosis.
  • Access to affordable treatment.
  • Establishment/Strengthening of Health infrastructure
    • Community health centres and district hospitals would be supported for prevention, early detection and management of Cancer, Diabetes, Cardiovascular Diseases and Stroke.
    • Support would be provided for establishing NCD clinics and strengthening laboratory at Community health centres and district hospitals.
    • Financial support for the essential contractual staff such as doctors and nurses at these units would also be provided under the programme.
  • Human Resource development:
    • Under NPCDCS, health professionals and health care providers at various levels of health care would be trained for health promotion, NCD prevention, early detection and management of Cancer, Diabetes, CVDs and Stroke.
  • Miscellaneous services:
    • Financial support would be provided to district and CHC/FRU/PHC for procurement of screening devices, essential drugs, consumables, transport of referral cases as per the details annexed for treatment of Cancer, Diabetes, CVDs and Stroke.
  • Awareness
    • It is the first step to any kind of change. More funding for research, better public support for legislation issues. More understanding and empathy. Less blame and shame.
  • Education
    • It is one of the key components in ensuring better treatment and control of diabetes.
    • There is also evidence to show that increasing knowledge regarding diabetes and its complications has significant benefits including increase in compliance to treatment, thereby decreasing the complications associated with diabetes.
  • Community involvement:
    • The government, non-governmental organisations (NGOs), the medical community and diabetics will have to join hands to ensure that community involvement is encouraged.
    • Better access to nutritious food and facilities for physical recreational activities, more long-term policy interventions that go beyond packaging and advertising of fast food as well as health care policies along with peaceful life approach would help in containing the spread of diabetes in the country at an alarming rate in the country

Conclusion:

Diabetes is emerging as life threatening disease not only in rich families but also in poor and low income families. Holistic approach is needed to control the spread and extent of it. Concentrated efforts by government through strengthening ground level health delivery system and active engagement of NGOs is required to resolved the menace of diabetes.

Topic:  Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

5) Finance Commission is tasked with distribution of tax proceeds between Union and states. Recent amendments threaten to subvert it, do you agree? Critically analyse with suitable justifications.(250 words)

Indianexpress

Why this question:

The question is in the light of recent amendments that were made to the process of distribution of tax proceeds by the Finance commission.

Key demand of the question:

Critically analyse the recent amendments that were made in this context and provide for their effect in distribution of tax proceeds.

Directive:

Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction: 

In brief explain the role of finance commission.

Body:

Explain the recent amendments made to the Terms of Reference (ToR) of the 15th Finance Commission (FFC)

The first requires the FFC to examine “whether a separate mechanism for funding of defence and internal security ought to be set up and if so, how such a mechanism should be operationalized”.

Take hints from the article and explain.

Conclusion:

Conclude with way forward.

Introduction:    

The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves. Two distinctive features of the Commission’s work involve redressing the vertical imbalances between the taxation powers and expenditure responsibilities of the centre and the States respectively and equalization of all public services across the States.

Body:

Recent amendments to Terms of Reference (ToR) of the 15th Finance Commission (FFC):

  • The first requires the FFC to examine “whether a separate mechanism for funding of defence and internal security ought to be set up and if so, how such a mechanism should be operationalised”.
  • The second arises from Section 83 of the Jammu and Kashmir Reorganisation Act 2019 (J&K Act), which came into effect when Jammu and Kashmir became a Union Territory on October 31.
  • It requires the President to “make a reference to the 15th Finance Commission to include the Union Territory of Jammu and Kashmir in its Terms of Reference and make award for the successor Union territory of Jammu and Kashmir.”
  • Both these amendments are perfunctorily worded, raising constitutional and interpretational issues which the FFC may find challenging. They also work to the detriment of the states.

Challenges posed by the 1st amendment:

  • The use of the words “separate mechanism” points to creating a mechanism distinct from the existing one.
  • The Constitution requires that estimates relating to voted expenditure in the Annual Financial Statement be submitted in the form of demands for grants to the Lok Sabha every year.
  • The Government of India (GoI) submits demands for grants to the Lok Sabha under the defence and home ministries for defence and deployment of armed forces in states as an aid to civil power.
  • The separate mechanism envisaged could be the creation of a defence and internal security fund in the public account to which their annual budgetary allocations could be credited and then spent over a multi-year time-frame without the threat of lapse.
  • Such an arrangement already exists for a number of funds in the public account, like the National Disaster Relief Fund.
  • It will be inappropriate to squirrel away one-fifth of the GoI’s budget allocations into the public account for five reasons.
  • First, escrowing such a large amount from its resources will constrain the GoI’s budgetary management.
  • Second, similar demands could arise from other critical ministries like infrastructure and health, which if agreed to, will further emasculate budgetary flexibility.
  • Third, it will lead to lazy budgeting by the beneficiary ministries.
  • Fourth, it violates the Government Accounting Rules 1990 (GAR), which allow for creating a fund in the public account only for the implementation of specified schemes of ministries and not for entire budgetary allocations of departments.
  • Fifth, and most important, it violates the fundamental canons of annual budgeting mandated in the Constitution — providing for lapse of moneys budgeted but unspent during a year, and obtaining Parliament’s approval every year for the Annual Financial Statement.
  • Public order and police are part of the state’s responsibility. Internal security is, therefore, as much a concern of states as it is of the GoI.
  • The FFC will face a further challenge if such a fund is created in the GoI’s public account, since it will have to decide how it will be shared with states.

Challenges posed by 2nd amendment:

  • The amendment relating to Jammu and Kashmir is equally troublesome.
  • The phrase “include Union territory of Jammu and Kashmir in its Terms of Reference” is indeterminate.
  • The ToR of the FFC has 15 clauses. In which clause and where should it be included?
  • The names of no state or Union Territory find place in any of these 15 clauses.
  • It can be argued that this amendment requires the FFC to treat the UT of Jammu and Kashmir as a state for the purposes of its award.
  • The FFC will submit its report on November 30. J&K ceased to be a state on October 31.
  • It will no longer find a place in list of the states in the Constitution, but appear in the list of UT.
  • The Constitution requires the Finance Commission to recommend the “distribution between the Union and states of the net proceed of taxes”.
  • No Finance Commission has ever made an award for any UT. It is not clear how the FFC can now make an award treating the UT of J&K as a state.
  • It is noteworthy that the J&K Act simultaneously requires that the Union Territory of Ladakh be treated on par with the other UT.
  • No case has been made for treating J&K on a different footing.
  • Further, how can the claims of the two other UTs with a legislature — Delhi and Puducherry — which also have been demanding, for a number of years, that FCs award a share of the divisible pool to them, be ignored?
  • States argue that the impact of such a provision would increase the number of claimants to the divisible pool and thus reduce their individual share.

Conclusion:

The GoI should treat the requirements of the UT of Jammu and Kashmir within the demand of the Union Home Ministry. The FFC has been burdened with an onerous and a challenging ToR. Some state governments have complained about its perceived inequities to the President. These two amendments unnecessarily raise more challenges for the FFC. Perhaps, it should ignore these amendments and confine itself to its constitutional mandate.

Topic:  Statutory, regulatory and various quasi-judicial bodies. Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.

6) Will and wisdom of Parliament to bring judiciary into the realm of accountability legislation through RTI is a welcome step. Comment. (250 words)

Hindustantimes

Why this question:

The question pertains to discuss the widening of ambit of RTI and including CJI’s office in it.

Key demand of the question:

Explain the significance of this move and its implications.

Directive:

Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction: 

In brief narrate the ambit of RTI so far. 

Body:

Explain in what way the Supreme Court’s order on the RTI will make the judiciary accountable, within certain boundaries.

Discuss that the Supreme Court verdict bringing the office of the Chief Justice of India (CJI) under the ambit of the Right to Information Act (RTI) has been widely welcomed.

Discuss the pros and cons of the judgment. 

Conclusion:

Conclude with way ahead.

Introduction:    

The Supreme Court verdict bringing the office of the Chief Justice of India (CJI) under the ambit of the Right to Information Act (RTI) has been widely welcomed. It sends a strong signal to all democratic institutions to adhere to the twin principles of transparency and accountability underlining the RTI Act. It has upheld the earlier decision of the Delhi High Court (HC) that the apex judiciary consisting of the CJI and other justices as per Article 124 of Constitution of India, besides the office of CJI, is a public authority covered under the RTI.

Body:

Verdict of the Supreme Court:

  • The Supreme Court is a “public authority” and the office of the CJI is part and parcel of the institution. Hence, if the Supreme Court is a public authority, so is the office of the CJI.
  • The judiciary cannot function in total insulation as judges enjoy a constitutional post and discharge public duty.
  • However, Right to Privacy is an important aspect and has to be balanced with transparency while deciding to give out information from the office of the Chief Justice of India.
  • RTI cannot be used as a tool of surveillance and that judicial independence has to be kept in mind while dealing with transparency.
  • On the issue related to the appointment of judges, the Supreme Court held that only the names of the judges recommended by the Collegium for appointment can be disclosed, not the reasons.

Implications of the verdict:

  • The SC’s affirmation of the HC judgment has wider implications and a clear signal to infuse transparency in all high institutions.
  • The bench said that transparency does not undermine judicial independence, and the Right to privacy and Right to information go hand in hand. None can take precedence over the other.
  • The office of the CJI will now entertain RTI applications.
  • Under the RTI Act, 2005, every public authority has to provide information to persons requesting for the information under the Act.
  • Public Authority includes the body constituted by or under the Constitution. Article 124 of the Constitution deals with the establishment of the Supreme Court of India.
  • Information includes any material in any form, including records, documents, memos, e-mails, etc.
  • The Ruling is an example for other bodies such as political parties, number of schools, trusts and public-private partnerships who resist categorisation as public authorities under the Act.
  • However, it has been seen that Offices such as those of the Prime Minister and the President which are public authorities under the RTI Act have often denied information quoting separate observations by the Supreme Court.
  • For instance, in 2011, the Supreme Court observed that:
    • Officials need to furnish only such information which already exists and is held by the public authority and not collate or create information, that is
    • The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties.

Need for the Judiciary to be under RTI ambit:

  • The judiciary carries the trust of the people and is accountable to the people.
  • It is a unique wing of constitutional governance, with authority to review the decisions by the President, prime minister or chief ministers and legislatures both at centre and states.
  • It is the real guardian of the fundamental rights of the people.
  • Hence an endorsement from the bench headed by CJI will give fillip to people’s quest for transparency and accountability.
  • Voices from some quarters were also being raised that while SC was advocating transparency in all spheres, the decision in its own case was pending.
  • Now, civil society can hope that transparency would remain the mantra for good governance in all the three estates – judiciary, executive, legislature.

Conclusion:

The judgment is reiteration of section 2(h) of RTI Act, which defines and expands the definition of public authority. The judgment will also bring back in focus the rules recently made by the government under RTI (amendment) Act 2019, which alters the tenure and salary structure of Information Commissioners at the Centre and in states.

Topic: Human Values – lessons from the lives and teachings of great leaders, reformers and administrators; role of family, society and educational institutions in inculcating values.

7) Discuss in detail Mahatma Gandhi’s ideas on Secularism.(250 words)

The hindu

Why this question:

The article explains that Secularism in India is facing a stiff challenge from rising majoritarian ideology. Gandhian concept of communal harmony can help us in facing such a challenge.

Key demand of the question:

Explain the significance of Gandhian concept of secularism in detail and its relevance in today’s age.

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction: 

Explain what secularism is.

Body:

Discuss the concept of Secularism in India: In India, secularism a state that is neutral to all religious groups (unlike other democracies which maintain strict separation between state and religion). It is also one of the basic features of our constitution.

Explain that however, the rising majoritarian ideology in the society and in the government is harming the secular credentials of our country.

Example: Hate speeches; political leaders of some parties involving themselves in communal riots etc.

Discuss the Gandhian ideology.

Conclusion:

Conclude that secularism should not just be a word in the constitution but rather a core principle which moves us towards the future; only then can we realize the conception of Ramrajya that Gandhi envisioned.

Introduction:    

India’s secularism is ascribed in part to Gandhi, and it is certainly true that Gandhi wanted the Indian state to be the homeland for Hindus, Muslims, Sikhs and Christians alike. But Mark Tully has pointed out that, far from wanting a state in which religion is stripped from public life – most peoples’ concept of secularism – Gandhi’s hope was for a state in which truly religious values permeate all aspects of life, including the political sphere.

Body:

Gandhi’s concept of religion was a pluralistic one:

“I believe in the fundamental Truth of all great religions of the world. I believe they are all God-given and I believe they were necessary for the people to whom these religions were revealed. And I believe that if only we could all of us read the scriptures of the different faiths from the standpoint of the followers of these faiths, we should find that they were at the bottom all one and were all helpful to one another.”

Gandhi’s vision of the secular state is a place where religious values and discourse are cherished and respected in all spheres of life, the public as well as the private, but in which no single religion is allowed to dominate the others. This latter clause prevented Gandhi from supporting the Hindu nationalist (Hindutva) movement which is now so prominent on the Indian political scene.

Gandhi’s religious discourse was accepted by his audience, and was effective in motivating them politically because they were, by-and-large, religious people. The deployment of religious language in modern British political life would be doomed to failure, because it would alienate the atheists, it wouldn’t satisfy the fundamentalists, and it would fail to motivate the masses.

Conclusion:

Gandhi was a highly intellectual eclecticism, complex and broad-minded. Today when in India narrow-minded opponents of secularism, utterly lacking in compassion and so fond of the good things of life in a vulgar material sense, trivialize him by representing him through the symbol of a pair of spectacles, they mock a great man for whose broadmindedness they have absolutely no respect.