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Vision Ias CSM 2017 Test 28 Answers
Vision Ias CSM 2017 Test 28 Answers
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1. 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.
Approach:
Briefly discuss the problems being faced by the judiciary.
Discuss whether the government’s proposal of an All-India Judicial Service (AIJS) will address the
problems or further exacerbate them.
Suggest a way forward.
Answer:
Indian Judiciary has been battling multiple issues that have affected speed, efficiency and quality of
justice. For example:
Steady increase in number of cases reaching higher courts from lower levels, indicating substandard
justice delivery.
In 2015, approximately 25-30 million cases were pending in various courts.
In 2015, there were about 400 vacancies of judges in 24 High Courts. Judge-population ratio of 10.5-
11 to one million is one of the lowest in world.
Corruption and lack of transparency in the appointment of judges.
Issues such as large number of undertrails, long duration of resolution, inefficient and time
consuming processes etc.
In this context, All India Judicial Services (AIJS) has been proposed through which district judges will get
recruited centrally through an all-India examination and allocated to each State. The rationale of
recruitment through AIJS is based on the following grounds:
Wide selection pool: Through AIJS, judges will be selected at the national level and thus it is
expected to make judiciary more professional and equitable leading to an improvement in the
quality of judgments.
Reduction in vacancy: It is expected to reduce vacancies by avoiding delays in examinations and
recruitment.
Attractive career option: Currently, the subordinate judiciary depends entirely on state level
recruitment by respective High Courts. But the brighter among the law students do not join the state
judicial services because they are not attractive. An ‘All India Service’ status with associated
privileges may change this.
Uniform standards: The measure of uniformity in the standards for selection will improve the quality
of personnel in different High Courts, as one-third of the judges come there on promotion from the
subordinate courts.
However, the idea has been criticized for not addressing core issues and creating new ones. For example:
It ignores the fact that Bar Council of India has mismanaged legal education and there has been a
lack of effort to improve the standard of legal education in the country.
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While efforts have been taken by the Supreme Court to promote uniform pay scales across States,
pay is abysmally low when compared to the private sector.
Trial court judges face similar problems in case of transfers and other issues as civil servants and have
even lesser avenues for growth and promotion.
Those High court judges appointed from District cadre are already in advanced stage of their careers
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and have shorter tenures than judges appointed directly from the Bar.
New problems that may arise due to AIJS:
Being a centralised recruitment, it risks preventing the less privileged from entering judicial services.
Also, it may be difficult for it to take into account local language, laws, practices and customs, which
vary across States.
2. The roots of the most pertinent challenges faced by Indian politics today can be traced to the lack of
intra-party democracy in candidate selection and internal elections. Discuss.
Approach:
List down the pertinent challenges faced by the Indian politics.
Elaborate their reasons under two sub-headings:
o Intra-party democracy in candidate selection
o Intra-party democracy in internal elections
Conclude with ‘way-forward’.
Answer:
Political parties, especially those which are a part of the government, play a crucial role in steering the
national political discourse, spending public funds, controlling the state apparatus and thus form the
bedrock of democracy.
The challenges faced by Indian politics today can be listed as below:
Criminalization of politics is on the rise. For e.g. the ADR report on 2014 Lok Sabha MPs showed that
34% of them face criminal charges; this digit was 30% and 24% in 2009 and 2004 respectively.
Nepotism over intra-party democracy has led to dynasty-politics rather than merit-based politics. For
e.g. all the MPs below the age of 30 in the 15th Lok Sabha were from political families.
Political discourse and agenda-setting is based on short-term political gains rather than on larger
social-economic issues. For e.g. farm loan waivers versus economic discipline.
Weak opposition fails to articulate the public concerns and grievances in and outside the
Legislatures.
Main reasons for the above mentioned challenges is the lack of intra-party democracy as analysed
below:
Lack of intra-party democracy in candidate selection
o Distribution of party tickets is largely non-transparent and non-democratic.
o Candidates for elections to various posts are selected on the basis of caste, muscle power,
funding capacity, winning ability etc. rather than on merit in their social work and public conduct.
o Criminal background of the candidates is overlooked.
o Often the political stalwarts or their wards are chosen to win from comfortable seats.
o Candidates often defect to other parties over issues related to distribution of tickets.
Lack of intra-party democracy in internal elections
o Internal elections are not held regularly. Some parties do not hold such elections at all. For e.g.
Shiva Sena, BSP.
o Influential leaders or chiefs pre-decide the party functionaries, reducing the internal elections to
a mere charade or using ‘consensus’ to justify such appointments.
o Often the intra-party factions threaten to split apart to have their way within the party. For e.g.
the AIADMK in Tamil Nadu, the SP in Uttar Pradesh.
3. While the idea behind merger of autonomous bodies in India is to curb overlapping work and reduce
expenditure, it may end up doing more harm than good. Discuss.
Approach:
Define autonomous bodies.
Discuss how expenditure is increasing in recent times on these bodies.
Also discuss whether merger is going to do more harm than good.
Briefly conclude with the precautions that the government can take while merging.
Answer:
Autonomous Bodies are those bodies, which are set up by the government for a specific purpose and are
independent in day-to-day functioning, but the government has some control over them. The
government also funds them in some way.
In recent times, expenditure on these bodies has increased manifold. Currently, over Rs 70,000 crore per
annum are released for 679 of such autonomous bodies (in 1955, there were only 35 such autonomous
bodies).
Since public resources are involved, and all resources have trade-offs, the government is emphasizing the
need to review them. It established Ratan Watal Committee last year and Niti Aayog has recently been
doing review of these bodies in order to curb overlapping work and reduce expenditure. Thus, various
bodies are being merged together, such as:
New Delhi and Pune’s three yoga and naturopathy centres, two Siddha research institutes, two Unani
medicine research institutes, three institutes of Ayurveda etc. will be merged making one institute
each in these areas.
Similarly seven cultural centres under Ministry of Culture including the institutes on Buddhist
Studies, Himalayan Culture Studies, Higher Tibetan Studies etc. are to be merged into one body.
However, according to some experts, it may do more harm than good because it may lead to:
Dilution of the purpose for which an autonomous organisation was originally meant. The merged
entity may be forced to play second fiddle to the organisation into which it merges. For example,
merging of Indian Council of Historical Research & the Indian Council of Philosophical Research in the
Indian Council of Social Science Research may lead to neglect of promotion of philosophy and history
as many students may not then opt for these subjects.
Dilution of autonomy: For example, Prasar Bharati, which had earlier locked horns with the
government, could now become a part of the information and broadcasting ministry, which would
deprive it of its autonomy.
Curbs in scientific and industrial research and innovation as premier publicly funded and more
inclusive teaching and training institutions such as CSIR, all IIMs, IITs and IGNOU are all part of this
list of central autonomous bodies. Any tinkering with these institutions may lead to deterioration of
quality here.
4. Well-defined electoral laws and greater powers for the Election Commission of India are required as
the existing laws and mechanisms are inadequate to deal with new challenges. Analyse.
Approach:
Discuss the new challenges being faced by Election Commission of India (ECI).
Discuss the inadequacies in existing laws and mechanisms related to ECI.
Discuss possible reforms.
Answer:
The success of Election Commission in its functioning cannot be undermined, yet there are many new
challenges that it is facing which may require the introduction of robust laws and devolution of greater
powers to the institute. The challenges that the commission face today include:
Corruption & criminalization of politics.
Lack of transparency in collection and usage of funds by political parties.
Paid news: absence of any comprehensive definition of paid news, rising incidents of paid news and
the need for empowered regulators to monitor incidents of paid news.
Absence of social media policy: as per ECI, paid operators run by Public Relationship firms are being
actively deployed to shape public opinion online.
Model Code of Conduct being not enforceable by law.
Degradation of ethics: for example, use of money power for political gains, horse trading of
MPs/MLAs, false allegations on opponents by taking undue advantage of freedom of expression.
Financial autonomy: budget of the ECI is not charged on the Consolidated Fund of India thus making
it dependent on the government.
To tackle the above challenges, improvements can be made with respect to defining the electoral laws
clearly as well as making things enforceable by law such as:
Making MCC a part of the Representation of the People Act, 1951 as recommended by the Standing
Committee on Personnel, Public Grievances, Law and Justice in 2013.
Defining paid news comprehensively via wide consultation. This should cover advertisements
camouflaged as news, denial of coverage to select electoral candidates, exchanging of advertisement
space for equity stakes between media houses and corporates etc.
Formulating an exhaustive social media policy.
Considering lifetime ban on convicts from being elected.
Curbs on anonymous funding of political parties.
Use of VVPAT and greater public awareness about the functioning and safety of EVMs.
Electoral malpractices should be declared criminal offense carrying a sentence of two years or more.
Also, there is a view to give more powers to ECI to deal with the above mentioned challenges, such as:
Ensuring financial autonomy for ECI by introducing a constitutional amendment.
Power to punish for its contempt, which would give the Commission the power to enforce its orders.
Reducing the limit of cash donation, which may be received by political parties and introducing electoral
bonds, which provide transparency in collection of funds is a welcome step. However, the key lies in
effective implementation of the above suggested and existing measures by ECI as well as following the
rule of law by political parties to promote the democratic ethos.
Discuss the pros and cons of delimiting and defining privileges to balance them with Fundamental
Rights.
Give a suitable conclusion.
Answer:
Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs
in their individual capacity, without which they cannot discharge their functions as entrusted upon them
by the Constitution.
According to Article 105, the powers, privileges and immunities of Parliament and MPs are to be defined
by the Parliament. No law has so far been enacted in this respect. In the absence of any such law, it
continues to be governed by British Parliamentary conventions.
Parliamentary privileges can be used as a tool against critics – the civil society and the media. This
endangers the fundamental right to speech and expression of these institutions and the public. It can be
corroborated from a recent incident in Karnataka, where journalists were sent to jail for breach of
privileges.
There exists compelling reasons to clearly define and delimit parliamentary privileges to balance it with
Fundamental Rights, because of the following reasons:
To remove their vagueness, uncertainty and inscrutability.
These Privileges may be misused to hide misdeeds like corruption and may have far-reaching
implications for a clean public life. For example, in 1998, a constitutional bench of Supreme Court in
P.V. Narasimha Rao vs. CBI held that bribe takers who had taken bribes and voted against the no-
confidence motion were immune from prosecution; but the bribe givers have no such immunity.
It raises the issue of conflict of interest as it allows parliamentarians to become judges in their own
cause and thus violates the principle of fair trial.
However there are some concerns:
The codification of privileges would make the privileges subject to fundamental rights and hence, to
judicial scrutiny and evolution of new privileges would become difficult.
The codification at the present moment would leave no space for future adjustment when a new
situation may arrive.
Legislators also argue that codification of privileges may harm the sovereignty of the Parliament.
Way Forward
The privileges should no more be allowed to remain uncertain and vague; privilege must be invoked in
rare circumstances to prevent real obstruction in legislative functioning and not in a way that sets law
makers above ordinary comment and criticism. Parliament has a duty to look carefully before making any
law, so that it doesn't harm other’s rights and uphold the Constitution ethos in true spirit.
6. 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.
Approach:
Explain the meaning of the given statement and establish a link between accountability and Rule of
Law.
In the context of extra-judicial killings, discuss the lacunae in the government’s approach.
Mention correctives suggested and taken by the Judiciary to rectify the situation.
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Answer:
Rule of Law is a principle of governance in which entities, including the state itself is accountable to laws
that are publicly promulgated, equally enforced and independently adjudicated. Accountability is an
essential part of Rule of Law.
Extra judicial killings
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An extrajudicial killing is the killing of a person by governmental authorities without the sanction of law.
There have been allegations and instances of judicial killings by the police and the armed forces in India.
This has raised serious concerns in handling extrajudicial killings in India, which include lacunae in
government’s approach:
Inadequate investigation of extrajudicial killing due to absence of an independent body to investigate
such complaints.
Limited success of NHRC as guidelines outlined by NHRC are often not implemented by the
government.
Doctrines of sovereign and official immunity which protect officials: Legal barriers for the
prosecution of public servants, including the requirement for ‘prior sanction’ from the government.
Failure of government to ratify UN Convention against Torture and the International Convention for
the Protection of All Persons from Enforced Disappearances.
Lack of adequate compensation system for the families of victims of extrajudicial killings.
Low conviction rates and lack of transparency regarding internal disciplinary hearings in armed
forces. Judicial delays also make conviction difficult at times.
AFSPA takes away some accountability on part of public officials in the national interest.
Judiciary’s response:
R.S. Sodhi vs State of U.P. 1992: In this judgement, the Supreme Court held that every police
encounter must be investigated.
In 2014, the SC provided detailed guidelines to check extra judicial killings.
o Independent investigation into encounters, by the CID or police team of another police station
under the supervision of a senior officer.
o Probe report shall be forwarded to the court concerned so that a magisterial inquiry is carried
out and a final report submitted.
o No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned
officers soon after the occurrence.
o If an incriminating chargesheet is filed against the police officers, the trial must be concluded
expeditiously, apart from initiating disciplinary action against such officers and placing them
under suspension.
o The relatives of a victim can also approach a Sessions Court if the authorities fail to comply with
the Supreme Court directives
Recently, the Supreme Court ordered a CBI investigation into cases of suspected extra-judicial killings in
Manipur based on a PIL. Similarly, the court had last year ruled that the armed forces cannot escape
investigation for excesses even in places where they enjoy special powers under AFSPA. The court also
addressed the Centre to take note of the NHRC’s concerns and remedy the situation. By doing so, the
court has reiterated that the principle of accountability is an essential part of the rule of law.
7. Explain the rationale behind enacting the Real Estate (Regulation and Development) Act, 2016. Discuss
how it can help in revitalizing consumer confidence in the real estate market. Also highlight the
hurdles that remain in implementing it.
Approach:
Discuss the rationale behind enacting Real Estate Regulation Act, 2016 (RERA).
Explain as to how it revitalizes consumer confidence in the real estate sector.
Mention the hurdles that remain in its implementation.
8. Moving the subject of water from state list to concurrent list will solve the issues related to governance
of water resources. Comment.
Approach:
Give a brief introduction about the subject of water as mentioned in the Constitution of India.
Give reasons as to why it should be shifted to the Concurrent list and whether doing so would help in
solving issues related to governance of water resources.
Answer:
Water is mentioned under Entry 17 of the State List in the Indian Constitution. It includes water supplies,
irrigation and canals, drainage and embankments and storage. However, it is explicitly made subject to
the provisions of Entry 56 in the Union List, which enables the Union to deal with inter-State rivers.
Of-late, several issues related to governance of water management have been rising. Thus, a suggestion
has been mooted, for moving water from the State List to the Concurrent List because of following
reasons:
Impact of climate change: Climate change and its impact on water resources is inevitable. To tackle
this, coordinated action is required at both national and international levels.
Handling multiplicity of principles, rules & institutions: There is need for a comprehensive and
uniform legislative framework at the national level to harmonize various aspects of water use,
particularly life support. .
Over-dependence on the States: The Central Government has come up with two model laws for
better water management (National Water Framework bill and Ground Water Model bill), but it can
be enforced only if the States decide to adopt them.
Rising inter-state water disputes: Most major rivers of India are inter-state in nature and thus inter-
state river dispute is a major issue in Indian polity. For example, the prolonging Cauvery water
dispute between Karnataka and Tamil Nadu and Punjab-Haryana over Sutlej are examples of the
same.
International disputes: India also has major river disputes with Pakistan, Bangladesh and China and
state issues often derail the talks with other countries. For example, Teesta dispute between
Bangladesh and India is pending due to the Centre’s inability to bring West Bengal on the same table.
Populist policies adopted by the states have led to mindless exploitation: Supply of municipal water
at low rates along with no policy on groundwater usage at the state level. This also shows the low
priority given to water management.
Expertise: The Center is currently better equipped for water expertise such as research, technical
know-how, human resources. The state level water agencies are often poorly funded and
mismanaged.
Easier international finances: International institutes like the World Bank find it easier to deal with
the centre.
Thus, rational utilization of water resources requires it to be placed under the Concurrent List and then
framing the appropriate legislation. This has been recommended by many committees in the past as well
as Ashok Chawla committee recently. However, there are also valid arguments against such a move:
It goes against the spirit of cooperative federalism.
River water is best managed at local level and thus transferring water in Concurrent list violates the
principle of subsidiarity.
To deal with inter-state river dispute, the Centre is already equipped with Article 262 and Entry 56 of
the Union List of the Constitution.
Thus, any decision in this regard should be made by developing political consensus, in the spirit of
cooperative federalism. Rather than an act of centralization, it should be seen as a development
imperative.
Inclusion of water as a subject in theConcurrent List is just a step in right direction, but not a sufficient
condition to solve water issues. Successful water governance will require other reforms such as
participative governance involving center, state and local community.
9. Give an account of the areas of potential conflict in the relationship between the political executive
and civil servants. Also discuss why a healthy working relationship between the two is critical for good
governance.
Approach:
Briefly introduce with nature of relationship between political executive and civil servants.
Discuss the areas of potential conflict between them.
Also discuss why a healthy relationship is required between the two.
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Answer:
In India, the relationship between political executive and civil servants is based on the principle of civil
service anonymity and ministerial responsibility. The power is exercised through elected representatives
who hold ministers accountable and in turn, civil servants are accountable to Ministers. Thus, civil
servants and Ministers work together.
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10. Despite their location in the non-political domain of civil society, NGOs have ended up playing a key, if
indirect, role in India's politics. Comment.
Approach:
Introduce by defining Non-Government Organisations (NGOs).
Discuss the role played by NGOs in Indian society in short.
Discuss the role (direct/ indirect) played by NGOs in Indian politics.
Give appropriate examples, wherever necessary.
Conclude on the basis of above points.
humanitarian functions, bring citizen concerns to governments, advocate and monitor policies and
encourage political participation through provision of information.
Some NGOs also work for the empowerment of people by mobilizing them on some public issues and
thus graduating from a ‘welfare’ approach. Such NGOs are said to influence politics, in the following
ways:
Some NGOs have engaged in popular mobilization against proposed projects, like Kundalkulam nuclear
project, POSCO plant, Narmada Bachao Andolan etc. Spearheading movements to provide justice for
people affected by such projects has made NGOs serve as a crucial reference point for political parties
and other social movements.
Some NGOs are working directly in political sphere:
o Instead of representing people or problems of their constituency, representative form of
democracy has created caste and religion as political constituency. In such a scenario, some
NGOs fill this gap.
o Some NGOs are continuously working for electoral reform.
o Some NGOs are fighting legal battles for upholding the Constitution and law, and safeguarding
the rights of the people, like People’s Union for Civil Liberties.
o Many NGOs are providing public services to people at grassroots level, making them enjoy the
popular support.
Many NGOs are actively advocating policy changes for the benefit of the common good, like
Greenpeace. Their advocacy affects policy decisions, and thereby they are said to play a political role.
The blurring of the boundaries between NGOs and movement groups, and between NGOs and the state,
is just one of many factors that has allowed NGOs to enter gradually and often indirectly, into the domain
of electoral politics.
However, many NGOs have been found to be guilty of financial irregularities and working against the
national interest, which needs to be rectified. Democratic decentralization has provided an opportunity
for NGOs to enter into the political domain. But in the end it’s the developmental agenda of the NGOs
which is the quintessential feature that aligns it with the politics.
11. Magnitude of India’s urbanisation is not unusual but the pattern is. In this context, examine the issues
in the governance of cities in India. Also suggest the reforms required to make Indian cities dynamos of
competitive sub-federalism.
Approach:
Briefly, explain the magnitude and pattern of urbanisation in India.
List the issues in the governance of cities in India and elaborate them.
Suggest the reformative steps required to make Indian cities dynamos of competitive sub-federalism.
Conclude your answer.
Answer:
Urbanization defines the trajectory of development. In India, urbanisation is rapidly on the rise as 31.16
percent of population lives in urban areas. According to United Nations report, India is expected to add
an extra 300 million new urban residents by 2050. The magnitude of urbanization in India is usual and in
line with transition phase seen in a developing country. However, the pattern of urbanization is
haphazard and lopsided marked with severe governance deficit.
12. Social boycott should be treated as a criminal offence, rather than being considered as just another
form of social evil plaguing the Indian society. Examine.
Approach:
Explain what social boycott means.
Give reasons for treating it as a criminal offence and not just a social evil.
Briefly touch upon why is it not sufficient to tackle social boycott.
Answer:
Social boycott is a deliberate isolation of an individual, collectively by the other members of the
community, which involves:
Prevention or obstruction from observing any social or religious custom or usage or ceremony.
Prevention from taking part in a social, religious or community function, meeting etc.
Challenging the freedom of individuals in the name of jati panchayats, religion, customs etc.
Recently, the passage of the Maharashtra Protection of People from Social Boycott (Prevention,
Prohibition and Redressal) Act, 2016, has given a legal backing against the practice of social boycott,
thereby, criminalizing social boycott with penal provisions rather than seeing it as just another form of
social evil.
It needs to be treated as a criminal offence because:
It upholds the ideals of constitution such as right to equality under Article 14 and non-discrimination
under Article 15. It would help the aggrieved people to avail legal remedies against boycott more
freely.
It will arrest the abuse of power by the elite section and will contribute towards curbing social evils,
such as honour killing, in the garb of caste panchayat diktats or rituals.
It may help in promoting inter-caste marriages.
It is the duty of the state to use its authority to protect and promote individual dignity and right to
life and avoid instances like naked parading, ostracizing etc.
It would curb violence based on social divisions.
It would help in providing rehabilitation and protection to victims and witnesses.
It would lead to an end of parallel judicial systems such as Gavkis in Maharashtra and khap panchayat
in Haryana as people will pose more faith in the state machinery.
With a legal provision, the police would be more responsible to keep a close watch on any situation
that can arise and thus inspire confidence among the people.
Challenges
Social boycott is usually based on oral diktat, thereby difficult to prove in a court of law.
Social boycott is a socio-cultural issue, which can’t be resolved merely by legal mechanism.
Laws are firefighting instruments and may not be enough to prevent practices. For example, laws against
social ills such as child marriage, child labour etc. have had a limited role in curbing these practices. Thus,
laws must be accompanied by awareness generation, interventions for attitudinal and behavioral
changes through mass mobilization, along with positive involvement of the civil society organisations,
media and citizenry.
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13. Human Trafficking in India has emerged as a serious issue, which calls for understanding the
complexity of the problem and devising an effective strategy to combat it. Discuss.
Approach:
Introduce by defining human trafficking.
Discuss the issue of human trafficking in India along with the complexities involved with this
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problem.
Mention the steps taken to tackle the above problem.
Answer:
Human trafficking is the third largest organized crime after drugs and the arms trade across the globe.
According to the United Nations – “trafficking is any activity leading to recruitment, transportation,
harboring or receipt of persons, by means of threat or use of force or a position of vulnerability”. Close to
80% of human trafficking across the world is done for sexual exploitation and the rest is for bonded labor.
India is considered as the hub of human trafficking in Asia with almost 20,000 women and children
victims of it in 2016, a rise of nearly 25% from the previous year. According to the Ministry of Women
and Child Development 19,223 women and children were trafficked last year against 15,448 in 2015.
To understand the problem of human trafficking we need to understand the basic intertwined factors
behind it. For example:
Poverty: Kids, especially girls, mostly from poorer regions are sold in faraway states of India for
sexual exploitation and to work as bonded labour by agents who lure their parents with education,
better life, and money for these kids.
Porous borders & poor bilateral coordination: Porous borders coupled with lack of bilateral
mechanism to handle trafficking makes neighbours like Bangladesh and Nepal and border states of
India the prominent areas of human trafficking.
Double victimisation: Cross-country trafficking leads to double victimisation of trafficked persons as
they don’t have their documents, which makes them illegal migrants in the host country.
Illegal trading: Another cause of trafficking is the illegal organ trade or drug trade racket in which
gullible and innocent people get trapped.
Indebtedness: To support their family or to fulfil their debt obligations to moneylenders, members
are forced to work for them
Impact of disasters: Disasters leads to loss of stability and earning opportunities for many families.
Various agents take advantage of such situation to traffic affected persons as they are most
vulnerable to false promises in hope of better life.
Lack of skills and job opportunities forces them to take up such offers.
To combat the problem of human trafficking, a lot of measures have been taken by the state machinery
as well as by the NGOs to rehabilitate the victims of human trafficking. Some of the initiatives are:
Article 23 of the Indian Constitution explicitly prohibits and criminalises human trafficking and forced
labour.
Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article
23(1). The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of
trafficking for commercial sexual exploitation.
Criminal Law (Amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal
Code has been substituted with Section 370 and 370A IPC, which provide for comprehensive
measures to counter the menace of human trafficking.
Protection of Children from Sexual offences (POCSO) Act, 2012 is a special law to protect children
from sexual abuse and exploitation.
There are other specific legislations enacted relating to trafficking in women and children:
Prohibition of Child Marriage Act, 2006; Bonded Labour System (Abolition) Act, 1976; Child Labour
(Prohibition and Regulation) Act, 1986; Transplantation of Human Organs Act, 1994; apart from
14. A weak teacher education system is at the core of India’s problems in school education. Evaluate. In
this context, also enumerate the recommendations of the High-Powered Commission on Teacher
Education constituted by the Supreme Court of India.
Approach:
Explain the significance of teacher education in the scheme of school education.
Evaluate its shortcomings in present scenario in India.
Enumerate the recommendations of the Verma Commission on Teacher Education.
Answer:
Teacher education or teacher training refers to the professional development of teachers which includes
equipping them with the knowledge, attitudes, expertise and skills required by them and improving their
performance. Therefore, it is natural that quality of school education directly depends on the quality of
teacher education.
To deal with this issue, a statutory body viz National Council for Teacher Education (NCTE) was
established in 1993 to regulate teacher education system in India. With the setting of NCTE, there was a
large scale increase in the number of Teacher Education Institutes (TEIs). It also prepared the National
Curriculum Framework of Teacher Education but not much improvement was seen in the quality of
teacher education.
Shortcomings of Teacher Education System
Focus is on the quantity of teachers rather than their quality.
Corruption in granting licenses to TEIs by NCTE which has resulted in poor quality of output from
these institutes.
Lack of training infrastructure and even in the existing ones, close to 90% of the teacher training
institutes lie in the private sector where standards of training are low.
This weak and corrupt TE system is at the core of India’s problems in school education.
Impacts on Education system
Declining rate of learning outcomes in our schools as shown by the successive ASER reports. Also, in
the Programme for International Student Assessment, India was ranked almost at the bottom.
Shortage in number of trained professionals: There are almost 6.6 lakh teachers in the country who
need training. Shortage also impacts the desired pupil-teacher ratio impinging quality of education.
Resistance in adopting new technology or methodology as is seen from failure of Continuous
Comprehensive Evaluation as well as lack of adoption of new technologies using ICT in the teaching
process.
Education system would find it difficult to produce efficient workers in future with the emerging
challenges such as automation etc. where assembly line kind of jobs will be in less demand.
Poor research outcomes: Because such teachers do not cooperate with the researchers.
15. It has been argued that the recent order of the Supreme Court to prevent the misuse of Section 498A
institutionalises the prejudices and rehabilitates the myths, which the women’s movement in India has
battled over decades. Discuss.
Approach:
Give a brief explanation of Section 498A of IPC and elaborate the recent Supreme Court order
regarding this particular section.
Assess the directives passed by the SC.
Analyze its impact on women and their rights in India.
Answer:
IPC Section 498A states that "whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term, which may extend to
three years and shall also be liable to fine." Such an offence is cognizable, non-compoundable and non-
bailable. It is deemed as ‘the anti-dowry law’.
In Rajesh Sharma and Ors vs State of UP case (2017), the SC laid down directions to prevent misuse of
Section 498A against a husband or his relatives. The guidelines are based on following observations by
the SC:
The law has been misused by wives and relatives and thus has violated the basic human rights of
men.
The court relied on NCRB data of 2005, 2012 and 2013 of the number of people arrested, convicted
and acquitted and concluded that since conviction rate is low, most cases registered under 498A are
false.
Seizure of passports and issuing of interpole notices were seen as problematic.
In lieu of these observations, the court provided following guidelines:
Cognizable offences have been turned into non-cognizable offences.
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Special rules for bail of husbands have been created.
The provisions of the Passport Act have been altered.
However, there are serious issues with the judgment as it institutionalizes the myth of most cases being
frivolous under section 498A. This can be understood from the following points:
The NCRB data does not depict reality as there can be various reasons for acquittal, for e.g. poor
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16. As strategic interests between India and US continue to converge, defence has emerged as a major
area of cooperation between the two. Discuss the significance and possible implications of this
development.
Approach:
Enumerate the areas of convergence between India and US.
Discuss increasing cooperation in defence between the two.
Highlight the significance and implications of the increasing cooperation in defence.
Answer:
India and US share common values of democracy and liberalism. The two countries have in recent times
overcome “hesitations of history” and increased convergence on common issues. Both have several
shared goals, objectives and inheritance to a rule-based international order, peace and shared
prosperity:
Security of global commons: Freedom of navigation and security of sea trade, security of airspace,
unfettered use of cyber space and weapons-free outer space.
Opposition to terrorism: Usage of stern language against Pakistan and designation of Hizb-ul-
Mujahideen leader, as Specially Designated Global Terrorist by USA shows convergence with India in
tackling terrorism.
Strategic alignments over situation in Afghanistan, North Korea, Pakistan, India's membership in
UNSC, humanitarian relief, rapidly growing influence and presence of China in Indian Ocean and
Indo-Pacific region
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Respect for international law: Both reiterate the need to resolve territorial and maritime disputes
peacefully and in accordance with international law
Economic convergence: Indian investments totalling USD 15 billion are creating jobs in 35 US States,
while India is seeking US investments in infrastructure and technology.
Acceptance of India as a responsible Nuclear power: Indo-US Civil Nuclear deal and support for
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17. India's contribution to peacekeeping missions of the United Nations has remained steadfast despite
changes in the nature, form and variety of UN peace keeping missions. Examine.
Approach:
Give a brief introduction about UN peacekeeping missions.
Discuss changes in the nature of these operations and India’s contributions despite changing nature.
Briefly mention the arising challenges and their remedy.
Answer:
UN peacekeeping is a unique and dynamic instrument to help countries make transition from conflict to
peace. Effective and efficient UN peace operations are essential to building peace and security in failing
or failed states.
In the past two decades, there have been fundamental changes in nature, form and variety of peace
operations such as:
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Most conflicts in post-Cold War world are intra-state or internal in nature, rather than inter-state.
For ex- conflict in Somalia, Yugoslavia, Rwanda, Liberia etc.
Internal conflicts are more complex due to involvement of non-state actors such as militias, rebel
groups etc.
Peacekeeping mandates have become wide-ranging including Disarmament, Demobilisation and
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18. India's partnership with Africa is an amalgam of African development priorities as well as India’s
development objectives. Discuss. Also highlight the initiatives taken by India in this context.
Approach:
Discuss the African development priorities and explain how India’s development objectives can help
Africa to meet those priorities.
Discuss initiatives taken by India in the context of Africa’s development.
Answer:
African development priorities are reflected in the “Common African Position (CAP) on the post-2015
Development Agenda” and the “Africa Agenda 2063”. These recognize rising trends in Africa - such as
population growth and the youth bulge, urbanization, climate change and inequalities. They bring out
the importance of prioritizing structural transformation for inclusive and people-centered development
in Africa.
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African development priorities inter-alia includes:
Development of adequate policy space and productive capacities, notably through infrastructure,
science, technology development, transfer and innovation.
Addressing the challenges posed by climate change, desertification and land degradation, drought,
loss of biodiversity sustainable natural resource management
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19. Comment on the role of International Court of Justice in upholding the values of international law. In
this context, also highlight the association of India with the ICJ over the years.
Approach:
Introduce with explanation about ICJ.
Discuss how ICJ upholds values of international law.
Discuss India’s association with it.
Answer:
International Court of Justice is principal judicial wing of United Nations with seat in Hague, Netherlands.
It aims at establishing peace, stability and international security through upholding values of
international law while performing its dual role such as
Give advisory opinion on legal questions: Although these are consultative in nature and non-binding but
certain instruments or regulations can provide in advance that the advisory opinion shall be binding.
Settle legal disputes submitted to it by states: While settling legal disputes between states, it upholds
global law with respect to various issues be it land frontiers, maritime boundaries, territorial sovereignty,
violations of humanitarian law, hostage taking, the right of asylum, economic rights etc. Court’s decision
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binds only the parties to that particular issue and to the extent members accept Court’s jurisdiction. It
said to uphold international law as it follows procedure given in statute and Rules of Court under it. It has
the important and noble role of determining existing law and rendering justice between States, thus,
strengthening rule of law at international level.
However, ICJ’s role has limitations as well. It could not force the states into practice of the law or punish
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the states in case any violation of international law occurs. It only involves disputes involving states and
not private enterprises and individuals in violation of global law. Further through exclusion of its
jurisdiction which is permitted under its statute, states limit its effectiveness in dealing with international
disputes. For example, its recent judgment over South China Sea has been rejected by China as non-
binding.
India’s association with ICJ
India is a de facto member of ICJ being the member of UN, and India has been associated with ICJ since
its inception as the founding member of ICJ. India has also been sending its judges to ICJ. India’s
representation in ICJ bench has added weight to its image and also facilitated ICJ’s judgments in favor of
India.
India had declared in 1974, the matters in which it accepts the jurisdiction of ICJ. It does not accept ICJ
jurisdiction when dispute is:
with the government of any State which is or has been a Member of the Commonwealth of Nations.
related to or connected with facts or situations of hostilities, armed conflicts, individual or collective
actions taken in self-defence.
included in exception as declared by Indian Parliament.
India has been party to total six cases of which four have been with Pakistan. India has received favorable
judgment in most cases including the latest one involving Kulbhushan Jadhav’s case where India
succeeded in staying the executing of its retired naval officer. Although ICJ involvement comes from the
fact that Pakistan is in violation of Vienna convention, Indian step to involve third party in a dispute with
Pakistan may open up a pandora’s box. The ICJ may be flooded with other similar cases involving both
the countries.
However, as in past, India has reached out to ICJ this time also as a last resort and an urgent measure.
20. In view of the focus on trans-regional economic corridors and changing regional geo-politics and geo-
economics, critically discuss the idea of an Indo-Pacific Economic Corridor.
Approach:
Briefly discuss about trans-regional economic corridors.
Discuss the idea of an Indo-Pacific Economic Corridor with changing regional geo-politics and geo-
economics.
Discuss the opportunities and challenges associated with the idea of Indo-Pacific Economic Corridor.
Answer:
In contemporary world, the forces of globalization are leading to growing interconnections between
nations, sub-regions and across regions. Regional integration is sought to be achieved through creation
of economic corridors. It is a medium to attract investments and generate economic activity.
Various initiatives of trans-regional economic corridors have been taken up, such as:
One-belt-one-road intiative of China to link the country with Central & Southeast Asia, Indian Ocean
region, Middle East, Africa and Europe.
Japan has been involved in developing strategic corridors in South and Southeast Asia.
Trans-Himalayan economic corridor and BCIM corridor.