VISION IAS

www.visionias.in

Approach – Answer: General Studies Mains Mock Test 871 (2017)

1. Criticism about the judiciary should be welcomed, so long as criticisms do not hamper the
“administration of justice”. In this context discuss whether the power of contempt of court given to the
higher judiciary limits the freedom granted by Article 19(1)(a) and whether these two can be
reconciled.
Approach:
 In the introduction briefly address the key concern of the statement and link it to the argument on
power of contempt and freedom of speech and expression.
 Discuss the need of contempt powers with judiciary.
 Discuss the implications of contempt powers on freedom of speech.
 Discuss how these two can be reconciled.
Answer:
Administration of justice requires strong safeguards for the judiciary. Thus:
 Article 129 and 215 of the Constitution of India empower the Supreme Court and High Court
respectively to punish people for their contempt.
The Contempt of Court Act, 1971 delineate contempt powers of judiciary to:
 Prevent scandalisation or lowering the authority of any court.
 Prevent interference with the due course of any judicial proceedings.
 Strengthen court’s image as legal authority and that no one is above the law.
 Ensure one could not defy court orders according to one’s own free will.
In the context freedom of speech and expression, a right underpinned by article 19 1(a), contempt of
court is considered a reasonable restriction under Article 19 (2), which empowers contempt laws.
Critics observe that:
 Judiciary has routinely invoked its contempt powers to punish expressions of dissent on grounds of
such speech undermining or scandalising the judiciary’s authority.
 Acts of speech and expression that do not necessarily impede with the actual administration of
justice have been punished invoking the idea of reputation of judiciary in the eyes of the public.
Rights under article 19 (1) (a) are important as they:
 Empower citizens to express their opinion which is necessary for good public policies.
 Are important in themselves for ensuring a good life, also enshrined under Article 21 of the
constitution.
Thus, it becomes imperative to reconcile the freedom of speech and the contempt power of the courts. It
can be ensured by taking the following into consideration:
 Judiciary itself underlined guidelines that envisage economic use of the jurisdiction on the one hand
and harmonization between free criticism and the judiciary, e.g. Mulgaonkar case 1978. Also, of note
are observations in cases such as Ram Dayal Markarha v. state of Madhya Pradesh 1978;

1 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
 Conscientious Group v. Mohammed Yunus 1987; P.N. Duda b. P. Shiv Shankar 1988; Sanjay Narayan,
Hindustan Times v. High Court of Allahabad 2011.
 The 2006 amendment in the Contempt of Courts Act, 1971 states that “court may permit, in any
proceedings for contempt of court, justification by truth as a valid defence if it is satisfied that it is in
public interest and the request for invoking the said defence is bonafide”.
International standards and laws of other democracies would be informative and enable us to arrive at
the right standards. e.g. in European democracies such as Germany, France, Belgium, Austria, Italy, there
is no power to commit for contempt for scandalising the court. In the U.K., the offence of scandalising
the court has become obsolete. In the United States, contempt power is used against the press and
publication only if there is a clear imminent and present danger to the disposal of a pending case.

2. Special rights are not privileges but they are granted to make it possible for minorities to preserve their
identity, culture and traditions. Elaborate in the context of India with examples.
Approach:
 Bring out the need for extending special rights to minorities.
 Discuss these special rights in the context of India (viz. constitutional protection to minorities).
 Give examples of government policies/institutions contributing to preservation of minorities in India.
Answer:
In a democratic setup, there is always a tendency of majoritarian domination. In a polity based on rule of
law, this means that every group of citizens must be given sufficient protections, especially with regard to
preserving their identity and culture. Special rights granted to minorities ensure these. Also, idea of
rights of minorities does not include any special political privileges. The idea is not to treat minorities as
privileged section of the population but to give them a sense of security. These rights are universally
accepted and are laid down in United Nations Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities.
In India, the safeguards for minorities under the constitution of India are in the form of fundamental
rights:
 Article 14 provides for equality before the law and equal protection of law. Thus minorities cannot be
put to any legal disability vis- a-vis the majority.
 Articles 15 and 16 prohibit discrimination ONLY on certain grounds (religion, race, caste, sex or place
of birth).
 Article 29 explicitly provides the right to every section of citizens having distinct language, script or
culture to conserve the same.
 Article 30 accords the rights to religious/linguistic minorities to establish and administer educational
institutions.
Further, following articles deal exclusively with linguistic minorities:
 Art. 347- Power of President to direct a language to be included as an official language of a state if a
substantial proportion of the state population desires
 Art. 350- Representation of a grievance to a Union/State authority in any of the languages used in
the Union/State as the case may be.
 Art. 350A- Facilities for instruction in mother-tongue at primary stage
 Art. 350 B- Provision of special Officer for Linguistic Minorities
Examples of protection of minority rights:
 Provision of National Commission for Minorities, National Commission for Minority Educational
Institutions and National Minorities Development Finance Corporation (NMDFC)
 Instruction through mother tongues at the Primary stage of education
 Implementation of Three-language Formula.
 Prime Minister’s New 15 Point Programme for Welfare of Minorities

2 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Developmental schemes like Nai Manzil, USTAAD, Humari Darohar,Jiyo Parsi , Maulana Azad National
Fellowship For Minority Students , Nalanda Project etc.
 Dissemination of information in vernacular languages.
These provisions do not give any privilege to minorities. They ensure that their progress is not stalled
because of ideology of the government in power. These rights recognize their special conditions as well
as possible challenges of a democracy. Their implementation is the constitutional/statutory responsibility
of the State to ensure inclusive growth and development.

3. A clear delineation of functions of local governments vis-à-vis State Governments will only strengthen
the principle of subsidiarity. In this context, discuss the challenges and the reforms required for
effective democratic decentralization in India.
Approach:
 Briefly explain the principle of subsidiarity.
 Explain the present challenges faced by the local governments.
 Suggest reforms to enhance decentralization.
Answer:
Principle of Subsidiarity states that a central authority should only have a subsidiary function, performing
only those tasks which cannot be performed effectively at a more immediate or local level. Therefore, it
is expected to devolve the local functions to local authorities. This principle was at the core of 73 rd and
74th Constitutional Amendment Acts. However, this principle is flouted vehemently in practice.
Challenges faced by the local governments in effective decentralization
 Devolution of Functions: While the 73rd and 74th amendments provide for devolution of functions
and corresponding powers to the local government, the State governments have been reluctant in
devolving the same (devolution being a voluntary provision). As a result, the district administration
continues to be the focal point despite having elected local governments.
 Fund: Local government’s major source of revenue remains the grants from the state and centre. The
devolution of taxation powers to local government is voluntary. Due to inadequate man power, lack
of digitization, and awareness these bodies fail to collect tax and generate revenue wherever they
have the power to do so.
 Functionaries: Due to uncertainty in flow of funds, local Government fail to attract human resources.
 Lack of Awareness: lack of adequate information and exposure about their roles and responsibilities
also bar them to function effectively. It has been found that women do not have closer interaction
with the local bureaucracy as it is dominated by males.
 Excessive state control: Although, Act of 1993 guarantees autonomy to local governments, but still
the state governments maintain strict control over them.
 Multiplicity of agencies (parastatals): These bodies are made responsible for specific tasks, like
water management, land planning etc. These are headed by the bureaucrats who encroach upon the
powers of local governments.
 Lukewarm implementation of the PESA Act 1996.
 Proliferation of Centrally Sponsored Schemes and schemes like MPLAD, which undermine the
authority of Panchayats.
Suggested reforms
 Principle of Subsidiarity: It must be upheld by appropriately amending the constitution (Articles
243G & 243W). It will not only uphold the spirit of 73rd and 74th Amendments but also enhance
popular trust in local governance.
 Voice of local bodies must be strengthened: enabling each state to create legislative council with
membership coming from the local bodies.

3 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Devolution of powers and responsibilities: clear delineation of functions for each level of local
government.
 Devolution of funds: devolving taxation powers so that their dependence on state government is
reduced. Promoting instruments like Municipal bonds to make local bodies self-sustainable in the
long run.
 Capacity building: Investing in human resource development and local institutional building.
As per devolution index 2014-15 prepared by Ministry of Panchayati Raj, Kerala ranks first with 80%
devolution achieved on specific parameters. However, 92% of states have not even crossed 50% mark on
this index. The Kerala model of local governance is a shining example where functions are adequately
devolved to the local bodies which are also involved in the planning process.

4. Despite being a welcome step, Inter-State Water Disputes (Amendment) Bill, 2017 fails to resolve the
issue of overlapping of jurisdiction between the legislature and judiciary. Analyse.
Approach:
 Give a brief introduction about the need for a new bill.
 Then state the important provisions of the Amendment Bill.
 For the second part, clearly bring out the overlapping of jurisdiction and mention respective articles
of the Constitution and how this may hamper the implementation of the proposed amendment Bill.
Answer:
The Inter-State Water Dispute Act 1956, which provides the legal framework to address inter-state river
water disputes, suffers from many drawbacks.
Under this Act, a separate Tribunal has to be established for each dispute. However, as of now only three
out of eight Tribunal Awards have been accepted by the States. Delays have been on account of lack of
technical expertise and absence of fixed time limit for adjudication or notifying the award of the Tribunal.
The Inter-State River Water Disputes (Amendment) Bill, 2017 proposes to streamline the adjudication of
inter-state river water disputes and make the present legal and institutional architecture robust.
Salient provisions of the bill:
 It proposes a single standing permanent tribunal with multiple benches instead of multiple ad hoc
tribunals. All existing tribunals will be dissolved and the water disputes pending adjudication before
such existing tribunals will be transferred to this newly formed tribunal.
 Establishment of a Dispute Resolution Committee of relevant experts by the central government
before referring a dispute to the tribunal. If the dispute cannot be settled through negotiations,
tribunal should be established within a year of receiving a complaint.
 The proposed tribunal has to give its decision on a dispute within a period of two years. This period is
extendable by a maximum of one year.
 Further, it is proposed that whenever a tribunal gives order, the verdict gets notified automatically.
Until now, the government required to notify the awards, causing delay in its implementation.
 There are provisions for transparent data collection system at the national level for each river basin
and appointment of assessors to provide technical support to the tribunal.
 Also, the Bill gives the central government powers to make rules in which water will be distributed
during stress situations arising from shortage in the availability of water.
However, the problem is that the amendment Bill faces similar shortcomings that hobbled dispute
resolution under the principal Act.
Inter-state water disputes are avenues for overlapping jurisdiction between the Legislature and Judiciary.
Article 262 of the Constitution states that during inter-state water and river valley disputes, Parliament
may by law provide for the adjudication of such disputes and provide that no court shall exercise
jurisdiction in such disputes.

4 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
 Despite this provision, Supreme Court has invoked Article 136(2) granting special leave to appeal from
the judgement of the tribunals setup under the principal Act. For instance, the SC invoked this article and
admitted a special leave petition in the Cauvery water dispute against the decision of the tribunal set up
under the principal Act and prolonged the dispute.
The amendment Bill may face similar situation since inter-state water disputes are no longer just about
water allocation and have become hugely politicized. The amendment Bill fails to plug the loophole
wherein state governments do not comply with the final award and have sometimes rejected tribunal
awards taking the dispute to the Supreme Court.
In such a situation, it is important that the Centre frames a robust and transparent institutional
framework keeping in mind the federal nature of our political system. Also, the judiciary should take due
consideration and show restraint while taking up special leave petitions so that it adheres to the principle
of separation of powers.

5. Critically discuss the major reforms introduced in the area of electoral funding in Union Budget 2017.
Do you think that state funding of elections is a viable idea to check misuse of money power in politics?
Approach:
 Mention the new and amended provisions regarding electoral funding.
 Discuss their rationale and analyse whether they are sufficient to meet the goals of transparency,
clean money, etc. in elections.
 Suggest some improvements in the proposed reforms.
 Evaluate state funding of elections on the parameters of viability and their ability to prevent misuse
of money power.
Answer:
In Budget 2017, the government announced some steps to regulate electoral funding in order to:
 minimize the use of cash, which is mostly ill-gotten and unaccounted; and
 maintain anonymity of the donor to minimize favoritism when one party comes to power.
Following can be highlighted in this context:
 Ceiling of Rs 2000 on cash donation that a political party can receive from one person in a year.
However, there is no requirement to disclose a contribution by cheque or digital transfer up to Rs
20,000. Also, there is no limit on how much anonymous (from all means) or total cash can a party
receive from all sources together.
 A new scheme of Electoral Bonds which can be purchased from authorised banks and redeemable
only in the designated account of a registered party within a short time (3-4 weeks). It is aimed at
reducing cash payments which were abused earlier. However, identity of the donor being secret and
without the cap of 7.5% of average 3 year profit that a company can donate to political parties, there
is large scope of misuse.
 Exemption from payment of income tax has been made subject to timely filing of IT returns by
political parties. However, such a provision already exists though routinely flouted
State funding as remedy to check misuse of money power in politics is advocated by many as it can:
 Provide level playing field to all in the political fray.
 By infusing white money in politics limit the use of black money.
 Limit the influence of interested money and thereby help curb corruption.
 Make it possible for the State to encourage or demand best electoral practices from political parties
and candidates.
However, there are many limitations to such an idea:
 Conceptually, state funding of elections is based on presumption that there would be then no private
funding. EC does not have wherewithal to ensure that.

5 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Elections are a democratic participatory process. Elector should be allowed to support party he is
ideologically aligned to. State funding of elections is therefore antithetical to democracy itself.
 It would put a huge burden on public exchequer.
 A 2003 federal study in the US found it ineffective. Also, experience in Italy, Spain, Australia and Israel
showed it neither restricted the sources of funding nor reduced election expenditure — the two
main objectives.
This issue has been examined earlier by many committees: the Tarkunde Committee, the Indrajit Gupta
Committee (1998), the Committee on Constitutional Reforms and the Law Commission (2015).
Interestingly, none of them have unequivocally supported introduction of state funding. State funding of
elections is part of a possible solution, though state funding by itself will not do away with the nexus of
black money and electoral politics.

6. The provision of 33% reservation of seats for women in urban local body elections in Nagaland has
been in news for various reasons in recent times. Discuss the underlying issues in light of the
constitutional provisions at stake and the social realities of the state.
Approach:
 Briefly provide the contextual background of the given statement.
 Provide the constitutional provisions at stake in the conflict.
 Delineate the social realities such as, tradition practices, status of women and state society
interaction.
 Suggest way forward through pointing at the facts at hand and precedents.
Answer:
While the violence around the issue of elections in Urban Local Bodies in Nagaland made headlines, it
has been variously viewed as clash of traditional values and women empowerment, both of which have
constitutional underpinnings. Traditional tribal bodies such as the Naga Hoho opposed the 33%
reservation for women in elections to urban local bodies as an infringement upon Naga traditions. On
the other hand Naga women bodies such as Naga Mothers Association (NMA) and Joint Action
Committee for Women’s Reservation (JACWR) were instrumental in backing reservation for women in
these elections.
Multiple constitutional provisions can be seen as the backdrop of these positions:
 Article 371(A) states, “Notwithstanding anything in this Constitution, (a) no Act of Parliament in
respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii)
administration of civil and criminal justice involving decisions according to Naga customary law, (iv)
ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the
Legislative Assembly of Nagaland by a resolution so decides.
 Article 243(T) seeks to provide 33% reservation to women in ULB elections which are being opposed
by tribal groups citing article 371(A).
Furthermore, while earlier the state government had favourably viewed the position of traditional Naga
groups, in recent years the government brought about changes in legislation to enable urban body
elections with provision for reservation in light of:
 Judicial verdicts of the Guwahati High Court, as well as the observations of the Supreme Court in this
context.
 The argument that Urban Bodies are modern phenomenon and do not infringe on Naga customary
practices.
 The need for acquiring funding available from the centre for urban development that depend on
having Urban Local bodies.
Apart from the political and legal arguments, realities of Naga society have played a crucial role:

6 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Naga women groups argue that even though their society has many progressive aspects regarding
the treatment of women, in the matters of political participation improvement is long due. Political
participation is viewed as the way of correcting male centered approach on rights over property and
resources as well as decision making.
 Male dominated Naga tribal groups argue that this would violate customs and effects could percolate
to the villages, which in turn could upset how Naga society has functioned for centuries.
Even though the opposition by tribal organisations forced the state government to declare the municipal
polls “null and void”. An assessment of certain facts would make the resolution of the complex issue
possible:
 Nagaland has sent only one women representative to Parliamanet till date.
 No woman has ever been elected to the state assembly since the state was formed in 1963.
 Nagaland has had 25 per cent reservation for women in the village development boards (VDB). It was
Section 50 of the Nagaland Village and Area Council Act of 1978 that provided for such a reservation.
 In the 2013 Assembly polls, the female voter turn-out in the state stood at 91.22 per cent as against
89.82 per cent for men.
While constitutional guarantees of special status to Nagaland are of utmost importance, there are
enough grounds to argue for changes in attitude towards encouraging female participation in a more
meaningful way. The need is to reconcile the two positions.

7. Enumerate the guidelines for police reforms as laid down by the Supreme Court in Prakash Singh case
in 2006. In this regard, critically discuss the issues in their implementation by the States.
Approach:
 Enumerate the guidelines by the Supreme Court in its 2006 judgment.
 Provide a picture of implementation of these guidelines by the states and the lacunas there in.
 For a critical appraisal, provide other aspects of police reforms that are not entirely dependent on
states.
 Conclude with a constructive way forward.
Answer:
In the Prakash Singh case on the matter of Police Reforms the SC’s issued the following directives:
 Constitute a State Security Commission (SSC) to provide policy guidelines and ensure that the state
government does not exercise unwarranted influence or pressure on the police
 Ensure that the DGP is appointed through merit based transparent process and secure a minimum
tenure of two years.
 Ensure that other police officers on operational duties (including Superintendents of Police in-charge
of a district and Station House Officers in-charge of a police station) are also provided a minimum
tenure of two years.
 Separate the investigation and law and order functions of the police.
 Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other
service related matters of police officers of and below the rank of Deputy Superintendent of Police
and make recommendations on postings and transfers above the rank of Deputy Superintendent of
Police.
 Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against
police officers of and above the rank of Deputy Superintendent of Police in cases of serious
misconduct, including custodial death, grievous hurt, or rape in police custody and at district levels to
inquire into public complaints against the police personnel below the rank of Deputy Superintendent
of Police in cases of serious misconduct
 Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and
placement of Chiefs of the Central Police Organisations (CPO) with a minimum tenure of two years.
7 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
 Implementation by states since 2006:
‘Police’ being a State subject under the Constitution, much of the onus lay with the states for
implementation of SC’s directives. The Justice Thomas committee, monitoring the implementation of
the Court’s directions, expressed a sense of “dismay” over the indifference to judicial directions.
 According to a report of the NITI Aayog (2016), of 35 states and UTs (excluding Telangana), State
Security Commissions had been set up in all but two states, and Police Establishments Boards in all
states. The two states in which the State Security Commissions were not set up by August 2016 were
Jammu and Kashmir and Odisha.
 Report also found that the composition and powers of the State Security Commissions and the
Police Establishment Boards were at variance with the Supreme Court directions.
 In states such as Bihar, Gujarat and Punjab, the State Security Commission was dominated by
government and police officers.
 Further, many of these Commissions did not have the power to issue binding recommendations.
 In many states Directors and Inspectors-Generals (IGs) were given appointed only to be removed
midway into their tenure on the most untenable and imaginary grounds. e.g T.P. Senkumar case in
Kerala.
 The Supreme Court itself has expressed its inability to ensure implementation in the face of non
compliance by so many states.
Other Views
Experts point out to the following factors, apart from the role of the states:
 Upgrading the quality of recruits and ensuring dedication and honesty in the day-to-day delivery of
service to the public is equally important.
 All police ills are not only due to political interference in police routine. The police leadership is also
responsible for improving performance.
 Dissemination of Model Police Act, to be followed by the states, is the responsibility of the centre.
The symbiotic relationship between professional police leadership and enlightened elements in our
polity needs to be activated. Civil Society can play an important role in making police reforms a popular
cause, thus incentivizing the political leadership to take meaningful action.

8. While the Competition Commission of India and sector-specific regulators are required to complement
each other, overlapping jurisdiction has resulted in regulatory parallelism amongst them. Comment.
Approach:
 Give a brief introduction about CCI.
 Explain how CCI and sector specific regulators complement each other.
 Then explain how overlapping jurisdiction amongst them is causing regulatory issues.
Answer:
Competition Commission of India (CCI) is a statutory body responsible for enforcing the Competition Act,
2002 throughout India to ensure level playing field and uphold consumers’/public interests. On the other
hand, given the need for specific regulation, several sector-specific regulators have been constituted over
the years.
Sector-specific regulators usually refer to a diverse set of instruments by which governments set
requirements on market behavior or structure on different stakeholders for a specific sector e.g. such as
TRAI, SEBI, IRDA etc..
Complementary roles
 Generalist v/s specialist – The sectoral regulators have domain expertise in their relevant sectors
whereas the CCI has been constituted with a broad mandate to deal with promoting competition in
all the economic sectors.
 Proactive v/s reactive - Sector specific regulation identifies a problem ex ante, and builds an
administrative machinery to address behavioral issues before the problem arises, while on the other
hand, CCI would usually address the problem ex post in the backdrop of market conditions.
8 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
 While the role of CCI and sector-specific regulators are required to be complementary, overlapping
jurisdictions at times can be a source of parallelism and friction in areas such as:
 Licensing Conditions
 Market Dominance
 Monopoly Pricing
 Restrictive Business Practices
 Merger Control.
For Instance:
 In the past, financial sector has also witnessed face-offs between the RBI and CCI regarding mergers
in the banking sector.
 In past both CCI and TRAI have had issues related to tariffs in telecom sector.
 In the case of CCI and SEBI overlap exists pertaining to merger or acquisition or amalgamation to
fructify in India.
 CERC and CCI‘s jurisdiction overlaps to a considerable extent on, say for e.g., anticompetitive
agreements in the electricity sector.
To address such regulatory duplicity to create a more enabling business environment for industry, the
following steps can be taken:
 Inculcating appreciation of the difference between the technical domain of the sector regulators and
anti-competitive behaviour within the domain of competition authorities. The realm of competition
law enforcement ought to be left in the hands of the competition authority.
 Instead of a reactive approach on such conflicts, regulators must address such issues head on and
leave no room for ambiguity.
 As a matter of policy, formal and informal exchanges between various sectoral regulators and CCI
should be encouraged.
 Exchange of personnel on deputation or internship basis.
 Participation in each other’s training programmes, workshops, seminars, etc.
 Learning form international best practices a clear understanding on cooperation can be inculcated
between competition regulator and sector specific regulator e.g in Finland both the entities have
signed MoU defining ways to eliminate overlap.

9. There is both spatial and economic inequality with regards to access to healthcare services in India.
Elaborate. How does the New Health Policy attempts to address these issues?
Approach:
 Highlight the problems faced in the healthcare sector in India with focus on spatial and economic
inequality in particular.
 Elaborate with adequate data and examples spatial and economic inequality, with regard to access to
healthcare services in India
 Mention the provisions of the New Health Policy and state how it addresses the issues. In order to be
within the word limit, ensure that only the most relevant provisions are mentioned.
Answer:
India as a matter of domestic policy as well as commitment to Sustainable Development Goal (SDG Goal
3) seeks to ensure health care.
However, a case of inverse care law i.e. availability of good medical or social care tends to vary inversely
with the need of the population served, is visible in spatial and economic inequalities in access to
healthcare in India:
 Wide disparity in healthcare facilities between developed and backward areas, and across states,.
o Case in point is the disparity in healthcare facilities between Kerala and UP. Population per
government hospital bed in Kerala stands at 1300 where as in Bihar it is around 28000.
 Mismatch in demand and supply: According to KPMG, India meets the global average in number of
physicians,
9 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
 o However, 74 per cent of its doctors cater to a third of the population population.
o The country is 81 per cent short of specialists at rural community health centres (CHCs).
 Disparity in Health outcomes exists economic as well as spatially:
o The Infant Mortality Rate in the poorest 20% of the population is 2.5 times higher than that in
the richest 20% of the population.
o Regional disparities in Maternal Mortality Rate (MMR). Assam, UP, Rajasthan, Odisha, MP and
Bihar lag behind the national average.
 Lower public spending in health sector and increasing reliance onprivate sector:
o As per Economic Survey, 2016-17, India spends just 1.4% of GDP on healthcare as compared to
global average of 5.99%.
 Approximately 60% of inpatient and 70% of outpatient treatments are provided by private sector.
This increases financial burden on low- income and middle-income groups, as fees charged by private
sector is unregulated.Low insurance penetration: According to National Health Profile 2015, less
than one-fifth of India's population is covered under health insurance. This increases out-of-pocket
health expenditure, which at 60% of total health expenditure, is one of the highest in the world.
 Inequities in utilisation of preventive services, Data from the successive National Family Health
Surveys clearly highlight the caste differentials in relation to health status e.g. low levels of
contraceptive use among the Scheduled Castes and the Scheduled Tribes compared to forward
castes.
The New National Health policy, 2017 aims at achieving universal health coverage and delivering quality
health care services to all at affordable cost to address healthcare disparities and lacunae. Its provisions
include the following:
 It proposes raising public health expenditure to 2.5% of the GDP in a time bound manner.
 It looks at problems and solutions holistically with private sector as strategic partners and seeks to
promote quality of care
 Focus on emerging diseases and invest in preventive and promotive healthcare.
 It aims at application of Make in India for drugs and devices, which will lower costs.
 It provides for strategic purchase of secondary and tertiary care services as a short term measure to
supplement and fill gaps in health care deficit areas.
 In order to provide access and financial protection at secondary and tertiary care levels, the policy
proposes free drugs, free diagnostics and free emergency care services in all public hospitals.
 It seeks to strengthen the health surveillance system and establish registries for diseases of public
health importance by 2020.
 It supports voluntary service in rural and under-served areas.
As the policy document itself observes, a policy is only as good as its implementation. The National
Health Policy envisages that an implementation framework be put in place to deliver on these policy
commitments. Such an implementation framework would provide a roadmap with clear deliverables and
milestones to achieve the goals of the policy.

10. Census 2011 observed that there has been a significant increase in urban homeless households in the
period between 2001 and 2011. What are homeless households? Highlighting the challenges faced by
them, discuss the causes for increase in such households. Suggest various measures to rehabilitate
these households.
Approach:
 Discuss what constitutes homeless households.
 Highlight the daily challenges faced by them – police harassment, security issues, etc.
 Discuss the causes in increase in homeless households.
 Suggest measures - decriminalize begging etc.
Answer:
Homeless households are those households without a shelter which can be considered within the scope
of living quarters. The Census 2011 defines homeless households as families that do not live in buildings

10 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
 and reside by roadsides, on pavements, in Hume pipes, under flyovers and staircases, on railway
platforms, and in the open at or near places of worship. The phenomenon is quite visible in urban areas.
Challenges faced by them
 Since their identification is difficult, they are usually not able to enjoy benefits of government
schemes. They are mostly left at the care of NGO, who have less resources and little accountability.
 Existing government actions are punitive. For instance, houseless are often seen as beggar and
vagrants which is criminalized in many states and face regular police harassment
 Personal security, quiet, and privacy, especially for sleeping, bathing, and other activities
 They are often faced with many social disadvantages, reduced access to private and public services,
gaps in their personal infrastructures, and reduced access to vital necessities
 Safekeeping of bedding, clothing, and possessions, which may have to be carried at all times
 Increased risk of suffering from violence and abuse.
 Children don’t get suitable environment for their growth, education and overall development
From 2001 to 2011 there was a minor increase in the overall homeless households. Rural homelessness
declined by 30% to 8.3 lakh people, but significantly, urban homelessness grew by 21% to 9.4 lakh
people. Majority of the homeless are either migrant workers with no home or nomadic tribes who ply
their trade on the streets
Causes for increase of Homelessness
These are in general related to migration - more importantly push factors of migration which drive
people out of homes in rural areas and make them street or slum dwellers in urban areas. Some of these
are:
 Shrinking agricultural land in general and income in particular.
 Disasters such as floods, drought, famine, cyclones, etc.
 Disparity in availability of services such as education, health, social assistance, employment
opportunities, etc.
 Lack of incentives in other rural occupations e.g. cottage and household industries.
 Rising aspiration to earn an adequate income and later on failure to with growing economic pace of
urban life.
 Social and traumatic reason e.g. disaster, family break-up or domestic violence (most victims are
women).
Urban Homelessness in particular is a result of:
 Lack of infrastructure in cities to support the ever-growing migrant population.
 Low minimum wages to support a basic rented accomodation
 Over-crowded and temporary night-shelters
Measures for rehabilitation
 The government should work in collaboration with NGOs to provide night shelters, clothing, bedding,
and clean sanitary facilities
 The 25 percent quota for weaker section in schools must be strictly implemented and children of
such families must be enrolled in schools
 The houseless families should be regularly diagnosed with seasonal diseases and be provided with
adequate healthcare facilities at zero prices
 Local administration must be made accessible so that prompt remedial action could be taken for any
act of discrimination and harassment against them
 Development of satellite towns to discourage migration to already overcrowded urban metropolis.
 A national moratorium on forced evictions and demolitions should be introduced and the
government should put in place effective and timely mechanisms to collect data on evictions.
 Enhanced policy coherence and convergence between housing schemes in urban and rural areas and
schemes for the provision of water and sanitation.

11 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
 To remedy this problem of homelessness, the government has launched National Mission for Urban
Housing to promote affordable housing for weaker section, slum rehabilitation. The Persons in
Destitution (Protection, Care and Rehabilitation) Bill, 2016 seeks to decriminalize begging.

11. Recent judgment of the Supreme Court, amending the Protection of Women from Domestic Violence
Act, 2005 has invoked varied reponses. Highlighting the amendment, critically examine its likely impact
on application of the law.
Approach:
 Mention the amended provision of Protection of Women from Domestic Violence Act, 2005 by the
Supreme Court.
 Critically assess the positive and negative impacts of the amendment on the application of the law.
 Briefly suggest a way forward in the conclusion.
Answer:
The intent of Protection of Women from Domestic Violence Act (PWDVA), 2005 was to safeguard women
from domestic violence or harassment by an adult male. Under Section 2(q) of the Act, a complaint could
be made only against an “adult male person.”
Recently, in the Hiral Harsora v. Kusum Harsora case, the Supreme Court struck down the words “adult
male” and made the section 2(q) gender neutral. Now, a woman can file a domestic violence complaint
and seek legal action against other women and minors.
Positive Impacts of the Amendment:
 It recognizes that domestic violence is not only in the hands of adult males but also female members
and minors of the family.
 It safeguards victims of domestic violence from physical abuse by all members of family.
 In the original form, the law could have been exploited by an adult male person not standing in the
forefront, but putting forward female persons who could forcibly evict a woman without fear of
inviting prosecution.
 The SC bench resorted to the “doctrine of severability” as the section created gender based
distinction and went against principle of equality according to Article 14 of the Constitution.
However, activists and workers working against domestic violence are worried about the repercussions of
the amendment.
Negative Impacts of the Amendment:
 It could encourage husbands to file counter cases against their wives through their mothers or
sisters.
 Majority of domestic violence cases are filed by women against men. Moreover, cases of domestic
violence have increased over the years as per National Crime Records Bureau, 2013 report. Hence,
shift in law from gender-specificity to gender-neutrality is considered regressive as it disregards that
women are disproportionately impacted by violence.
 A gender-neutral law is not conducive when there is power imbalance in the family and women are
in a position of disadvantage socially. The amendment is not aligned with Article 15(3) of the
Constitution, which provides for special provisions regarding women.
 There is danger that the PWDVA could be used against women and minors and not against the real
perpetrators of domestic violence.
 It may lead to increased burden on judiciary and delay justice delivery, as there could be increase in
fake cases.
Principle of equality should be applied contextually when there is gender equality in social and personal
aspects. The amendment fails to observe criminal offences of sexual harassment, stalking, voyeurism and
rape under the IPC, which are all gender-specific and against men. Focus should lie on proper
enforcement of prevalent laws to protect women from violence and dissemination of available legal
remedies.

12 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
12. Examine the steps taken by the government over the years to ensure a secure and exploitation-free
childhood for its citizens. Further analyse how the recent ratification of the two key ILO conventions
will help India’s fight against child labour.
Approach:
 Mention the steps that have been taken by government for child welfare in general in India.
 Provide a brief analysis of these steps.
 Then discuss about two conventions ratified by the government recently and how it supports fight
against child labour.
Answer:
Investment in children is an investment in future. Thus, Government of India has taken several steps over
the years to ensure a safe and secure childhood to children of India, some of which are as follows:
 Juvenile Justice (Care and Protection of Children) Act, 2015 – provides for strengthened provisions
for both children in need of care and protection and children in conflict with law.
 Child Labour Amendment Act 2016 - It seeks to protect the Right to Education of children of below
14 years of age. In addition, it provides for the first time protection to adolescents of 14 – 18 years of
age.
 Draft anti-trafficking bill - To tackle different aspects of trafficking by putting in place dedicated
institutional mechanisms at District, State & Central Level.
 POCSO Act – To deal with sexual assault, sexual harassment against children while safeguarding the
interests of the child at every stage of judicial process.
Apart from these, Government of India has taken various other measures such as Khoya-Paya portal for
missing children, increasing awareness among students about sexual misconduct etc.
Due to concerted steps taken by the government, there has been notable decline in child mortality,
increase in primary level enrolment, etc. At the same time, much more is required in terms of addressing
issues related to health, nutrition and child participation. Besides, there are new and emerging
challenges like on-line threats for children and increasing vulnerability due to climate change. It is
therefore, important that major gaps and issues related to children are first identified followed by
comprehensive. Recently launched National Action Plan for Children 2016 aims to fill this gap and also
provides a monitoring and evaluation framework to maximize the ongoing efforts.
Further, even though there has been a decline in the percentage of child labour, 33 million children in
the age group of 0-18 years are still working in India. Country is still battling with poor rates of
prosecution and conviction of child labour cases.
But government’s resolve has not faded. It recently has ratified the ILO Convention 182 on the worst
forms of child labour and Convention 138 on Minimum Age of Employment. It will have various impacts
towards ending the child labour-
 Zero tolerance towards exploitation of children - the government will take immediate, urgent and
effective measures to prohibit and eliminate the worst forms of child labour likely to harm the
health, safety or morals of children.
 Fix minimum age - It requires India to ensure that no one under the fixed age is admitted for work in
any occupation except in cases of light work and artistic performance
 Prohibiting worst forms of child labour – It will require India to prohibit the worst forms of child
labour including slavery, debt bondage, serfdom, forced or compulsory labour etc.
Ending child labour has various other positive outcomes such as reduced dropping out rates, reduced
stress on children of economic roles and safe childhood etc. But ultimately the success on eliminating
exploitation against children depends on the level of social empathy, political will and the
implementation of resources invested in the development and protection of children. It can be solved
only if the reasons driving exploitation of child, such as poverty unemployment, lack of social security
net, inadequate enforcement of law, are resolved.

13 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
13. According to the World Bank, while digital technologies have spread rapidly in much of the world,
resulting digital dividends have lagged behind. Analyse in the context of India.
Approach:
 Write briefly about increased use of digital technology in India.
 Highlight expected potential benefits.
 Discuss causes for poor realization of digital dividends.
 Suggest measures to reap digital dividends.
Answer:
Digital technologies are making inroads in the remotest parts of India owing to various government
efforts and tech-inspired business initiatives of private sectors. No sectors of Indian economy and public
sector is left untouched by the digital revolution. The government has made significant efforts to
strengthen digital ecosystem in India through initiatives like Bharat Net, Digital India, National e-
governance Plan.
Digital dividends
Growth, jobs and services are the most important returns to digital investments. By reducing information
costs, digital technologies greatly lower the cost of economic and social transactions for firms,
individuals, and the public sector. They promote innovation when transaction costs fall to essentially
zero. They boost efficiency as existing activities and services become cheaper, quicker, or more
convenient. And they increase inclusion as people get access to services that previously were out of
reach.
In India, it is expected that wide scale use of digital technologies would usher good governance, bring
ease of doing business, create India as knowledge economy and empower people of India, especially
vulnerable section of society.
However, the World Bank in its recent report highlighted that digital dividends are not spreading rapidly.
 Almost 1.063 billion Indians are offline and they cannot participate in the digital economy in
meaningful way.
 There exist digital divides across gender, geography, age, and income dimensions.
 Approximately 40% population is living below poverty line, illiteracy rate is more than 25-30% and
digital literacy is almost no-existent among more than 90% of India’s population.
Not surprisingly, the better educated, well connected, and more capable have received most of the
benefits—circumscribing the gains from the digital revolution.
What can be done reap digital dividends?

 Making the internet universally accessible and affordable should be a global priority.
 Rapidly expand digital infrastructure and ensure its cyber security to imbibe confidence for digital
technologies among people of India
14 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
  To maximize the digital dividends requires better understanding of how technology interacts with
other factors that are important for development
 The digital economy also requires a strong foundation consisting of regulations, that create a vibrant
business climate and let firms leverage digital technologies to compete and innovate; skills that allow
workers, entrepreneurs, and public servants to seize opportunities in the digital world; and
accountable institutions that use the internet to empower citizens.

14. "Our country suffers from an excess of old and unnecessary laws which obstruct people and
businesses". In light of the observation elucidate how outdated and impractical laws bring inefficiency
in governance. How far is the repealing and consolidation of statutes a solution to the problem at
hand?
Approach:
 Discuss the hardships to citizens and inefficiency caused by obsolete laws with examples.
 Argue how far repealing and consolidation is the solution to problems at hand.
Answer:
The 21st century India could not be governed effectively by the archaic and unnecessary laws of 19th and
20th century. The plethora of laws passed by the legislatures over the years create problem in bringing
efficiency in the administration. Many of such laws have become outdated and impractical to apply,
create all round confusion and hardship to common man in the following ways:
 Corruption: A study by Bibek Debroy, Niti Ayog expert, finds out that India has 6 central statutes
from 1830s, 34 from 1850s and many other colonial era legislations. The study mentions Sarais act
1867 which mandates free drinking water to passerby. This act was allegedly used by some Delhi
municipal authority officials to force five star hotels to pay bribe.
 Delays and inefficiency: Indian bureaucracy has large number of rules relating to service conditions,
conduct etc. framed during British rule. They restrict the freedom of operation of government
servants to take speedy decisions and deliver effective services.
 Ease of doing business: is hampered by old laws regulating the industries such as ‘The Indian Boilers’
Act, with mandate of monitoring all industrial boilers, created inspectors raj. The correct approach,
on the other hand, requires self-certification as done in Gujarat.
 Restrictions on Civil & Personal Freedoms: Vaguely worded laws like The Young Persons (Harmful
Publications) Act prohibits the dissemination of certain harmful publications to ‘young persons’. This
is used by government to reduce marijuana consumption by closing down shops that sell Bob Marley
t-shirts. Similarly, section 124A of IPC belongs to colonial legacy hurting democratic rights of people.
 Inefficient cesses and taxes- Most cesses are ineffective, expensive, rarely serve the purpose they
were levied for and generate insignificant amounts in revenue. For example, the salt cess, generates
Rs3.3 crore in 2013 and the cost of collection was Rs1.5 crore.
 Undermining Good Governance- laws such as The Registration of Foreigners Act enacted during
World War II to regulate the entry of Indian revolutionaries from abroad, still require every foreigner
staying in India for longer than a certain period to report his/her entry, movement
 Litigation and Judicial delays- vague language and poor drafting of such laws leads multiple
interpretation , litigation and judicial delays
The situation with respect to delegated legislation is more alarming as individual ministries issuing them
don’t even have a complete up-to-date set of such administrative laws. Similarly, at sub-national level the
situation is more complex as the respective state governments rarely keep track of the legislations made
under state list.
While recognizing this issue, the Parliament has repealed around 1150 outdated laws in last two few
years. The state assemblies should also follow the same steps.
Today, Indian governance requires holistic reforms encompassing legislative, executive and judicial
domains. The administrative reforms should entail changes in the structure, functions and behavior of
administrative systems and agents. Repealing and consolidation of old statutes is one of the important
ways to bring efficient governance.
15 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
 However, for ushering good governance other reforms are also required such as new legislations must
also contain a sunset clause; bring more transparency in appointment, transfer and promotion of civil
servants; democratic decentralization to increase people participation in governance; fixing
accountability of erring civil servants; citizen centric administrative initiatives like single window
clearance etc.

15. Due to increasing consumption and changing consumption patterns, water scarcity is an emerging
threat in India and thus it becomes imperative to treat water as a commodity and privatize it. Critically
evaluate.
Approach:
 Discuss the changing patterns which are causing water scarcity in India.
 Evaluate privatising of water and discuss its pros and cons.
 Suggest the way forward.
Answer:
Nearly 20 crore people in India do not have access to safe drinking water. The country is said to have
exhausted 37 per cent of its underground water and its major rivers have high pollution levels. Although,
India is not a water scarce country, growing human population, severe neglect and over-exploitation of
this resource is an emerging threat.
National Water Policy, 2012, has suggested:
 Private participation in development and distribution of water resources.
 Pricing of water for ensuring sustainable use.
Privatization of water: Pros
 Alternative to mismanagement and corruption of public sector.
 Market forces of demand and supply will determine the price of water and lead to optimum use of
water based on genuine needs of people/organization thereby bringing in efficiency in distribution
which will lead to sustainability.
 Private sector competition will lead to enhanced research in planning and utilization of this resource.
 It allows for specialized services to be provided through specialized utilities.
Privatization of water: Cons
 Privatizing water would make local government officials abdicate control over a vital public resource.
This will be contrary to the UN recognition of “human right to water and sanitation”, a right which is
essential for the realisation of all human rights.
 Privatization may limit public accountability. Multinational water corporations are primarily
accountable to their stockholders, not to the people they serve.
 Empirical evidence indicates that there is no significant difference in efficiency between public and
private water provision. In theory, competition would lead to cheaper contracts, but in practice,
researchers have found that the water market is “rarely competitive.”
 Private water companies are unlikely to adopt the same criteria as municipalities while deciding
where to extend services. They are prone to cherry-picking service areas to avoid serving low-
income communities where low water use and frequent bill collection problems could hurt
corporate profits.
 The objectives of a profit-extracting water company can conflict with the public interest.
Thus privatization alone can’t be the solution of this crisis. And it is the reason that in some countries,
like Germany, the privatized water supply was de-privatized.
Way Forward
 Infrastructural improvement: Currently more than 30 percent of the water supplied is wasted due
to leakages and theft which reduces the profit margin. Expanding the service area: due to
unplanned urbanization, the supply network doesn’t cover the entire city, which reduces the
economy of scale.
16 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
  Expedite enactment of draft Water Framework Bill 2016: It calls for restrictions on unlimited
exploitation of water, prioritization of water usage and conservation and sustainable use of water.
 Use of technologies like remote sensing and satellite imaging for planning of water conservation
and recharge structures.
 Changing cropping patterns based on scientific advice, use of drip and sprinkler irrigation, and
fertigation for increasing water use efficiency.
 Research and Innovation-There is an urgent need to promote research in water conservation,
cleansing and reuse technologies (including indigenous and traditional knowledge).

16. Given the mandate of the Organisation and its composition, too much should not be read into India
becoming a full time member of SCO.Critically comment.
Approach:
 In the introduction briefly mention the mandate and composition of the Shanghai Cooperation
Organisation (SCO).
 For laying down the context provide the benefits expected from India becoming a fulltime member
of the SCO.
 In the next part, address the issues linked to the mandate and composition of the SCO that feed
scepticism about the utility of fulltime membership for India.
 Preferably, conclusion should underline the significance and wisdom of the move to become a
permanent member of the SCO.
Answer:
Besides the latest entrants, India and Pakistan, the Shanghai Cooperation Organisation (SCO) comprises
of Russia, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan, and China as full members. Headquartered in
Beijing, the Eurasian political, economic, and military organisation was founded in 2001. It is mainly
aimed at military cooperation between the members and involves intelligence-sharing, counter-terrorism
operations in Central Asia.
For India, significance of the full membership of SCO is based on the following:
 SCO membership will give a boost to India’s ‘Connect Central Asia Policy’, which has been on a steady
path for some time now.
 The SCO summit will provide an opportunity to address the menace of terrorism which has affected
India as well as the region. Most importantly, since the SCO has a mechanism to deal with the issue
of terrorism, the Regional Anti-Terrorist Structure (RATS) based in Tashkent, it will provide India with
a platform to highlight terrorism and push Pakistan to address the problem.
 SCO membership will allow India to have greater access to the region’s resources such as
hydrocarbons and facilitate further cooperation with countries of the region.
 Inclusion in a Eurasian body will improve India’s international standing given that SAARC is a non-
starter.
 India’s entry into the SCO would help India get greater access to regional markets and its politico-
strategic dynamics.
 India’s efforts in stabilising Afghanistan would be aided by membership of the SCO
However, the mandate and composition and current scenario are cited by many as limiting factors for the
significance attached to SCO by India:
 The SCO will be the second regional grouping after SAARC to have both India and Pakistan. This in
itself can limit the effectiveness of SCO as has been the case with SAARC.
 On the issue of terrorism China and India have different attitude vis a vis Pakistan, hence SCO
membership might not help India in addressing concern in this context.
 In terms of connectivity, India has not joined China’s ambitious One Belt, One Road project and has
concerns over China-Pakistan Economic Corridor (CPEC). The Central Asian countries as well as Russia
view Chinese connectivity project favourably. In all likelihood, China would use the SCO as a vehicle
to promote its massive connectivity and infrastructure project, and put more diplomatic pressure on
India.
17 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
  The vision of SCO shared by Russia and China involves a ‘new order’, clearly aimed at the West. As a
result, the SCO has been often called the “Anti-NATO”, meant to counterbalance U.S. and Europe
power structures. It would seem incongruous to reconcile this with India’s close military ties with the
U.S
While in the context of current developments full membership of SCO seems to be of limited value, its
long-term value cannot be ignored given India’s long quest for it. With subtle diplomacy and resolute
action India can counter the limitations and turn the membership into an opportunity. In this sense SCO
provides another avenue for extending India’s influence.

17. India needs to utilize its technological capacity based diplomacy to strengthen relationships with the
neighbours. Discuss. Also examine the significance of South Asia satellite to enhance regional
cooperation.
Approach:
 Discuss the role of technology to strengthen diplomatic relations – based on soft and hard power.
 Discuss the significance of SAARC Satellite and its role in building regional cooperation
Answer:
Diplomacy in modern era has a multifaceted approach. Issues such as security, trade, climate change,
migration, etc. have defined relations between countries. Technology in the respective field can help
cementing the diplomatic relations. The extent of mastery over technology is key determinant of a
society’s military and economic strength, and therefore its ability to participate effectively in the
international system.
Using Technology in Diplomacy
 Disaster Management: The entire cycle of Disaster management from preparation, detection,
dissemination of information, search and rescue and rehabilitation has become technology intensive.
India has been at the forefront of disaster management diplomacy such as in Nepal and Indian Ocean
region.
 Climate Change: Obtaining patented technologies to fight climate change has helped us build new
relationships. International Solar Alliance is an example of India’s leadership in this regard.
 Energy: India has one of the best resources in South Asia, to develop hydro-power, which is being
used to strengthened foreign relations. For example, we are developing hydro power with Nepal and
supply energy to Bangladesh.
 IT: India is world leader in IT which is being used to develop capability of African countries in
education, medicine, etc. This must be extended to other countries.
 Nuclear: India has significant clout in civil nuclear technology which can be used to build strategic
ties, once India becomes NSG member.
 Space: India has immense capacity in space technology which can be used to strengthening foreign
relations.
 Others: Such as construction of dams and roads in Afghanistan.
In fact, we have taken many initiatives in this direction. For example, recently, India launched South Asia
Satellite (SAARC Satellite) to help neighboring countries in diverse areas and strengthening foreign
relations.
Diplomatic significance of SAARC Satellite
 Realization of Gujral Doctrine: As this was launched with focus on helping neighboring states
realizing the fruits of India’s space program.
 Demonstrating technological prowess: It will demonstrate India’s capability in space program,
prompting countries to seek India’s cooperation in space research. For example, China has expressed
its desire for this.

18 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Disaster management: It will help neighbors in better management and forecasting of natural
disasters. For example, Nepal is earthquake prone, and Bangladesh is flood prone. Both will be
benefitted and it would further strengthen India’s good will with them.
 Effective communication: This satellite would give these countries access to Ku-Band thereby
strengthening communication systems and cooperation.
 Countering China: China is using forex reserves to influence India’s neighboring countries, which can
be countered by India through using its technological capacity.
 Ushering development of India’s neighbor: It will help SAARC nations fight against poverty and
illiteracy, and in overcoming the challenges to progress in the scientific field, besides opening up
opportunities to the youth of SAARC countries.
At the time of increasing competition between the countries and growing importance of technology,
India should increasingly rely on technological capacity based diplomacy to secure and promote the
national interest.

18. Though both India and Bangladesh have been able to resolve various pending bilateral issues, solution
to the Teesta Water dispute remains illusive. Discuss.
Approach:
 Briefly, give an overview of the issues that have been resolved between India and Bangladesh.
 Discuss the Teesta water issue, steps taken to resolve it and impediments to its implementation.
Conclude the answer by mentioning the current situation and suggestions to resolve it.
Answer:
India and Bangladesh have made good progress in recent times on several issues. These include
uprooting of anti-India terror camps in Bangladesh, land boundary agreement on enclaves, cooperation
on the boundary, illegal migrants, electricity and duty-free access to Bangladeshi goods by India and
development of transit routes between two countries. However, the issue of sharing of Teesta waters has
eluded resolution.
India and Bangladesh share 54 trans-boundary rivers, big and small. Teesta is fourth largest
transboundary river shared between India and Bangladesh. Its flood plain covers about 14% of total
cropped area of Bangladesh and provides direct livelihood to approximately 73% of its population. Also,
it is the lifeline of North Bengal and almost half a dozen of districts of West Bengal are dependent on its
water.
The negotiations on how to share the water between both the countries have been going on for many
years. In 1972, Joint River Commission was established by India and Bangladesh in the Indo-Bangla Treaty
of Friendship. In 2011, an interim deal that was supposed to last for 15 years – gave India 42.5% and
Bangladesh 37.5% of Teesta water. However, West Bengal and Sikkim opposed an interim deal, since then
the deal was put on hold and remains unsigned.
Impediments to Teesta issue resolution:
 The seasonal volume of water in Teesta has not been released by the state administration. It is
widely accepted that sharing Teesta’s water with Bangladesh will have implications for irrigation in
India. This is the basis of political opposition from the state government.
 The upstream dams in Sikkim are creating a substantial reduction in water flow downstream, owing
to periodic landslides, siltation, etc. Unless an integrated view of Teesta basin management is
adopted, the satisfactory solution is not possible.
 Furthermore, the Teesta Barrage was constructed for flood control, power generation and irrigation
in north Bengal. But it has not led to increase in the areas under irrigation in Bangladesh and also
impacted the downstream flows to Bangladesh.
A comprehensive river basin management approach and broad consensus involving the political parties
and other stakeholders is a sine qua non for optimum gains, not only for both India and Bangladesh but
19 www.visionias.in ©Vision IAS
www.freeupscmaterials.wordpress.com
 also for the riparian regions and states along the Teesta. Two nations have successfully reached upon
water sharing agreement on Ganga in the past and this can be repeated by treating Teesta basin and
associated population on either side as a unit and genuine concern for either.

19. Discuss the important provisions and significance of the recent proposal by India for Trade Facilitation
in Services (TFS) Agreement under WTO.
Approach:
 State the main provisions contained in the proposed Trade Facilitation in Services(TFS) Agreement.
 Discuss its significance.
 Conclude by mentioning the current stand of various countries towards it and delineate the
approach to be followed in the coming years for the effective conclusion of TFS Agreement.
Answer:
India has recently submitted a proposal for a Trade Facilitation Agreement in Services (TFS) at WTO,
drawn up on the lines of the Trade Facilitation Agreement (TFA) for goods.
Like the agreement in goods trade, the proposed agreement is expected to cover discrepancies in trade
in services as well as procedural and administrative issues.
Main provisions
 Ease of movement: It aims to ease norms relating to movement of foreign skilled
workers/professionals across borders for short-term work.
 All modes included: It covers measures across all modes of supply for services delivery in cross-
border trade, related to entry into the market as well as those applied post-entry.
 Ease of regulations: It seeks to ensure portability of social security contributions, and make sure
charges or fees for immigration or visas transparent, reasonable and non-restrictive in nature.
 Single window clearance: It paves the way for a single window mechanism for foreign investment
approvals.
 Insurance: It ensures cross-border insurance coverage to boost medical tourism.
 Free flow of information: It ensures publication of measures impacting services trade and timely
availability of relevant information in all the WTO official languages as well as free flow of data and
information for cross-border supply of services.
Significance
 It tries to simplify procedures to ensure that market access for services remain “effective” and
“commercially meaningful”.
 It will not delve into new market access. Rather it is based on a careful mix of certain 'mandatory
obligations' and those qualified as 'to the extent practicable' for all the member countries.
 It provides for special and differential treatment provisions under which developing countries are
offered a transition period while least-developed countries are exempted from undertaking any
commitments arising out of the TFS agreement
 It addresses numerous border and behind-the-border barriers, across all modes of supply, which are
impediments to the realization of the full potential of services trade.
 It advocates for more rational visa policies across the globe, thus checking the restrictive visa fee
hikes such as done by US and UK in the recent past.
While major industrialized members of WTO such as European Union, Canada have welcomed the
Agreement, but some developing countries such as South Africa have expressed concern that it would
impose unnecessary burdensome commitments on them.
As a result, a reflective, balanced, farsighted and consensus based perspective is needed in the making of
TFS agreement so as to boost worldwide trade in services.

20 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
 World Bank data shows that despite growing share of services in the world economy, global trade flow in
services have been constrained due to numerous border and behind-the-border barriers. So, a well-
structured TFS agreement would certainly correct these ills and will significantly enhance the potential
for trade in services for all WTO Members.

20. BIMSTEC has the potential to become a distinctive link between South and Southeast Asia. Elaborate.
Also discuss the factors hindering the potential of BIMSTEC over the years. Highlight the key initiatives
in recent times and further measures required to make the grouping more effective.
Approach:
 Briefly write about BIMSTEC.
 Elaborate how it provides a distinctive link between South and Southeast Asia.
 Discuss factors hindering potential of BIMSTEC.
 Enumerate recent developments and discuss the measures required to make grouping more
effective.
Answer:
Established in 1997, the Bay of Bengal Initiative for Technical and Economic Cooperation (BIMSTEC)
completed 20 years in 2017. This sub-regional grouping spans the Bay of Bengal littoral and adjacent
countries in South and South East Asia i.e. Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan
and Nepal.

In line with converging interests, geographical proximity and common membership between the regions,
BIMSTEC is viewed as having potential to become the link between South and Southeast countries.
 Interests of both regions converge in areas of transport and communication, tourism, environment
and disaster management, and counterterrorism and transnational crime.
 Economies of the grouping are comparable and have similar requirements, which make for
converging interests at global forums such as WTO.
 Strategically, the interest of the countries lie in maintaining a free and fair access to common
resources of Indian ocean and securing assets and Sea Lanes of Communication (SLOC).
 With SAARC becoming ineffective due to regional differences, BIMSTEC has emerged as an important
forum for cooperation between south Asian countries themselves as well as with Southeast Asian
countries.
 For India, scope for direct connectivity with Southeast Asia via Northeast India, counter-terrorism
and anti-insurgency cooperation with Myanmar and other members, potential access to alternative
energy resources as well as economic opportunities available in ASEAN region.
 Myanmar provides a gateway for BIMSTEC to ASEAN, primarily due to its strategic location.

21 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com
  Both the regions are wary of increasing assertiveness of China and hence, can come together via
BIMSTEC.
In spite of its potential as a common link between two regions, BIMSTEC has had limited success in
emerging as a forum for cooperation. This can be attributed to following factors:
 India, the largest member of the grouping, has often been criticised for not providing a strong
leadership to BIMSTEC.
 Both Thailand and Myanmar are criticised for having ignored BIMSTEC in favour of ASEAN.
 Absence of a permanent secretariat for a long time indicated lack of attention by the members.
 Lack of commitment to invest in several priority areas identified by members is another hindrance.
 Multiple groupings in the regions such as BCIM also create the doubts about exclusive potential of
BCIM. Lack of media coverage and public awareness about grouping.
Yet, it has taken some major initiatives in recent times.
 The grouping has agreed to establish permanent secretariat In Dhaka in 2014.
 The ongoing India-Myanmar-Thailand Trilateral Highway and the India-Myanmar Kaladan Multimodal
Transit Transport Project are expected to further augment connectivity and economic cooperation in
the sub-region and beyond.
 Recently India hosted BIMSTEC members at Goa during BRICS Outreach Summit. It is believed to
have given BIMSTEC its due importance by inviting its members to participate in a larger platform
comprising five major emerging economies of the world.
 India hosted the first meeting of the BIMSTEC National Security Chiefs in New Delhi in March 2017.
 To strengthen sub-regional cooperation on combating terrorism and trans-national crime, BIMSTEC
members are trying to implement a convention on anti-terrorism along with a Convention on Mutual
Legal Assistance in Criminal Matters.
Renewed interest by India and other members augurs well for BIMSTEC. But for BIMSTEC to become an
enabler of regional cooperation, it will have to evolve as an organisation that works through a bottom-up
rather than a top-down approach. The people-centric approach seems to be the best as BIMSTEC
seriously lags behind ASEAN and other regional organizations in terms of people-to-people contacts. The
Proposed Summit in NEPAL in 2017 would be a positive step in this direction.

Copyright © by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in
any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission
of Vision IAS

22 www.visionias.in ©Vision IAS

www.freeupscmaterials.wordpress.com