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TSPSC Group-I

Naipunyata
Day-1: Evolution of Indian Constitution (Paper-III Section-II Unit-I)

1. Among all the committees of the Constituent Assembly, the most important
committee was the Drafting Committee. Discuss.
Syllabus Paper III (Section II): Constitution of India: Role of the Drafting Committee
Keyword Discuss
Introduction ● Start with the Constituent Assembly: why and when was it formed
● Mention a few important committees formed.

Body ● Brief about the Drafting Committee: purpose, chaired by, etc.
● Important members: Alladi Krishnaswami Ayyar, N. Gopalaswami,
B.R. Ambedkar, etc.
● Elaborate on its role in preparing the Constitution of India.
● Major debates by the Drafting Committee members resulted in an all-
comprehensive Constitution

Conclusion ● Here you have to conclude in a way that the Drafting Committee was
the most important one.
● The ‘body’ of your content shall justify this view.

2. What is Preamble in the Indian Constitution? Discuss the golden goals that are
outlined in the Preamble of the Indian Constitution.
Syllabus Paper III (Section II): Constitution of India: Preamble
Keyword What and Discuss
Introduction ● Preamble, History, purpose of preamble - It gives us fundamental
values and highlights of the Constitution

Body ● Brief on key words in preamble (added through which amendment)


● Brief on different goals of preamble
 Justice-
 Liberty
 Fraternity
 Equality
● Why we need these goals- they provide a better way of life to the
citizens of India
● Brief on Important landmark cases on Preamble
 Berubari Union Case (1960)- Preamble is not a part of
Constitution
 Keshavananda Bharati vs State of Kerala (1970)-
Preamble is a part of Constitution

TSPSC Group-I Mains Test Series | Admissions in Progress | www.civiccentre.in


Conclusion ● Conclude positively on how the preamble can interpret the Indian
constitution with these objectives and goals.

3. Describe the procedure for amending the constitution? What is the criticism against
it?
Syllabus Paper III (Section II): Constitution of India: Amendments
Keyword Describe
Introduction ● Explain the concept of Amendment

Body ● Why and importance of Amendment


 To mitigate social demand
 For political purpose
 To establish the fundamental principles of Constitution
● Brief on procedure to Amendments- Article 368
● Types of Amendments-Provisions included
 Simple Majority
 Special Majority
 Special Majority and Ratification by the states
● Important Amendments to Constitution
 42nd Constitutional Amendment (1976)
 61st Constitutional Amendment (1988)
● Recent controversial Amendments
 The Aadhaar and other Laws (Amendment Act), 2019
 The Motor Vehicles (Amendment Act), 2019
 The Citizenship (Amendment) Act, 2019
● Criticism against Amendment:
 States are unable to propose amendments
 States are not given a time limit to approve the legislation.
 Only half of the states are consulted for amending aspects of the
Federal system.
 No provision for holding Joint setting
 No provision for a special body for amending the constitution.

Conclusion ● Conclude precisely: How the constitution of India provides for its
amendment in order to adjust itself to the changing conditions and
needs.

4. The basic structure of the Constitution in effect limits the amending power of the
Parliament. - Discuss.
Syllabus Paper III (Section II): Constitution of India: Amending power of the
Parliament
Keyword Discuss
Introduction ● Briefly discuss Doctrine of Basic Structure and Amendment
Body ● Amending power of the Parliament- Article 368 Part XX, limited
● Parliament can amend by
 Way of addition

TSPSC Group-I Mains Test Series | Admissions in Progress | www.civiccentre.in


 Variation
 Repeal of any provision of the constitution
● Parliament cannot amend those provisions which from Basic structure
● Limited amending power is also a part of Basic Structure
● Discuss how Basic Structure limits the Amending power of parliament
through (Supreme Court Judgements)
 Shankari Prasad Case (1951)- Parliament can amend Fundamental
Rights
 Golaknath Case (1967)- Parliament cannot abridge or take away
any of these rights
 Keshavananda Bharati vs State of Kerala (1973)- Constituent
power of Parliament under Article 368 does not enable it to alter
the Basic structure of constitution
● The parliament cannot enlarge its limited amending power to
absolute power.

Conclusion ● Conclude the necessity of having the basic structure as a tool against
changing the spirit of the constitution through the amendment

5. Explain any five salient features of the Indian Constitution.


Syllabus Paper III (Section II): Constitution of India: Salient Features
Keyword Explain
Introduction ● The constitution of India is unique because of its salient features
● Constitution has several salient features that distinguish from the
constitutions of other countries

Body ● Brief about Salient features


● Federal system with Unitary Bias: Federal in form but unitary in spirit
 Two government
 Supremacy of the constitution
 Bicameralism
 Flexibility of constitution
 Single Citizenship
 Integrated and Independent Judiciary- single system of courts
enforces both the central and state laws
 Supreme court
 High courts
 Hierarchy of subordinate courts
● A Secular state: State is neither religious or irreligious nor antireligious
but is neutral in all religious matters
 Articles 25-28
● Universal Adult Franchise
 Right to vote- > than 18 years
 No discrimination on the basis of caste, race, religion, sex, literacy
etc

TSPSC Group-I Mains Test Series | Admissions in Progress | www.civiccentre.in


● Emergency Provisions:
 Article 352: National Emergency
 Article 356: President’s Rule
 Article 360: Financial Emergency
● Parliamentary form of Government
 Basis on the principle of Cooperation and coordination between
the legislative and executive organs
 Majority party rule
 Collective responsibility of the executive to the legislature
 Dissolution of the lower house

Conclusion ● Briefly conclude that how these all features just ease the process of
development of our country

Conclusion ● Conclude how Secularism is one of the achievements of Indian


democracy which protects the unity and fraternity of the people of
India

TSPSC Group-I Mains Test Series | Admissions in Progress | www.civiccentre.in


TSPSC గ్రూప్-I మెయిన్స్

నైపుణ్యత100-రోజుల మెయిన్స్ ఆన్్ర్ రైటంగ్ కార్యక్రమం

2వ రోజు: ప్రాథమిక హక్కులు (పేపర్-III సెక్షన్స-II యూన్నట్-II)

1. భార్త రాజ్యంగం లోన్న ఆదేశిక సూత్రాలక్క అన్లగుణ్ంగా ప్రభుతవం అమలు చేస్తున్ా సంక్షేమ విధాన్నలు గురించి తెలియజేయండ్మ?
సిలబస్ట పేపర్ III (విభాగం II): భార్త రాజ్యంగం: DPSP
ప్రశ్నాపదం తెలియజేయండ్మ
ఉపోద్ఘాతం ● IVవ భాగం లోన్న ఆదేశిక సూత్రాల గురించి తెలియజేయండ్మ
 DPSP యొకు లక్షయం- సంక్షేమ రాజ్యన్నా స్థాపంచడం
 36-51 అధికర్ణ్ల గురించి మరియు వాట ప్రేర్ణ్ గురించి తెలియజేయండ్మ
 38 వ అధికర్ణ్ లోన్న సంక్షేమ రాషర న్నబంధన్లు
ముఖ్య భాగం ● సంక్షేమ యంత్రాంగాలక్క దోహదపడే చట్ట్లలో విభిన్ా ఉద్ఘహర్ణ్లు
 మహిళలు & పలుల కోసం- ప్రసూతి ప్రయోజన్ చట్్ం (1961), బాల కారిిక ర్క్షణ్ మరియు న్నయంత్రణ్
చట్్ం (1986)
 పరాయవర్ణ్ం కోసం- వన్యప్రాణుల ర్క్షణ్ చట్్ం (1972)
 జీవన్ ప్రమాణ్ం కోసం- MGNREGA చట్్ం 2005
 మాన్వ వన్రుల అభివృద్ధి కోసం- కనీస వేతన్నల చట్్ం (1948), వేతన్నల చట్్ం (2020)
● పరిమిత అమలుక్క కార్ణాలు ఏమిటో సంక్షిపుంగా వ్రాయండ్మ
 వన్రుల కొర్త మొదలైన్వి.
 సంసృతి మరియు జన్నభాలో వైవిధాయలు
 వివిధ శ్నఖ్ల మధయ సమన్వయం కొర్వడడం
 తరుచుగా విధాన్నల మారుు
 ఓటు బాయంక్క మరియు లక్షిత వరాాలు లేన్న పంపణీ
● అడడంక్కలన్ల అధిగమించడాన్నకి రాషర మరియు కంద్ర ప్రభుత్వవలు ఏమి చేయగలవు
 ప్రజలోు అవగాహన్ పంచడం
 అన్నా రాష్ట్రాలతో సమన్వయం
 మరిన్నా వన్రుల కట్టయింపు
 యంత్రాంగాలు ఎంతవర్క్క అమలు చేయబడుతున్నాయో సరైన్ తన్నఖీ
 విధాన్నలలో కొన్స్థగంపు
 కార్యక్రమాలన్ల సకాలంలో అమలు చేయడం
● ప్రస్తుత సందర్భం
 డైరెక్ట్ బెన్నఫిట్ ట్రాన్స్ఫర్ (DBT) ఉపయోగం- పార్దర్శకతలో పరుగుదల
 పరిమిత రుణ్మాఫీపై RBI ఆదేశ్నలు
ముగంపు ● లక్షిత వరాాలక్క స్థమాజిక మరియు ఆరిాక సంక్షేమం కోసం DPSP పై దృష్ట్ కంద్రీకరించడం

TSPSC గ్రూప్-I మెయిన్స్ టెస్ట్ సిరీస్ట | అడ్మిషన్లు జరుగుతున్నాయి | మరిన్నా వివరాల కోసం 70134 95019కి కాల్ చేయండ్మ
2. రూల్ ఆఫ్ లా న్న న్నర్వచించండ్మ. భార్త రాజ్యంగం ద్ఘన్నన్న ఏ విధంగా స్థాపంచాలన్న లక్షయం న్నర్దేశించుక్కంద్ధ?

సిలబస్ట పేపర్ III (సెక్షన్స II): భార్త రాజ్యంగం: రూల్ ఆఫ్ లా


ప్రశ్నాపదం న్నర్వచించండ్మ మరియు ఎలా
ఉపోద్ఘాతం ● బ్రిటీష్ పార్ుమెంట్ న్లండ్మ ఉదభవించిన్ భావన్గా రూల్ ఆఫ్ లాన్న పరిచయం చేయండ్మ
ముఖ్య భాగం ● రూల్ ఆఫ్ లా గురించి సంక్షిపుంగా తెలియజేయండ్మ
 చట్ట్న్నా ఉలుంఘంచిన్ందుక్క తపు ఎవరినీ శిక్షించకూడదు
 ఏ వయకిు చట్ట్న్నకి అతీతం కాదు
 చట్్ం ముందు అందరూ సమాన్లలే
 రూల్ ఆఫ్ లా కి ప్రాకృతిక న్నయయం (జీవించే హక్కు) అనేద్ధ పున్నద్ధ
● ఏ అధికర్ణ్లైతే పైన్ ఇచిిన్ రూల్ ఆఫ్ లా కి అన్లగుణ్ం గా ఉన్నాయో (14 వ అధికర్ణ్ వంటవి) తెలియజేయండ్మ
● భార్త రాజ్యంగం తన్ అధికర్ణ్ల ద్ఘవరా రూల్ ఆఫ్ లా న్న ఎలా ప్రోత్హించిందో సంక్షిపుంగా తెలపండ్మ
 రాజ్యంగం యొకు మౌలిక న్నరాిణ్ం
 రూల్ ఆఫ్ లా అన్లసరించబడుతుందన్న న్నరాిరించడాన్నకి విధాన్నలు.
● రూల్ ఆఫ్ లా ఎటువంట సమయాలలో వరిుంచదో సంక్షిపుంగా తెలపండ్మ
 సమాన్ంగా పరిగణంచబడే పౌరులక్క సమాన్ హక్కులు
 ప్రైవేట్ మరియు పబ్లుక్ట వయకిు మధయ వయత్వయసం
● చట్్బదిమైన్ పాలన్ ఎందుక్క ప్రాముఖ్యతన్ల సంతరించుక్కంద్ధ మరియు ద్ఘన్నన్న బలోపేతం చేయడాన్నకి
న్నయయపర్మైన్ ప్రయత్వాలు ఏ విధంగా జరుగుతున్నాయి
 BP సింఘాల్ vs భార్త సమాఖ్య (2010)
 డా. స్తబ్రమణ్యస్థవమి vs సీబీఐ డైరెక్ర్ (2014)
 ఇంద్ధరా గాంధీ vs రాజ్ న్నరాయణ్ (1975)

ముగంపు ● భార్త ప్రజ్స్థవమయం యొకు పరిణామంలో(మతోన్నిదం, న్నయంతృతవ ధోర్ణ, పక్షపాత చర్యలు అరికట్్డం) లో
రూల్ ఆఫ్ లా ఎలా ముఖ్యమైన్ పాత్ర పోష్టంచిందో తెలిప ముగంచండ్మ

3. భార్తదేశంలో వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్ యొకు పరిధి మరియు సవభావాన్నా చరిించండ్మ. స్వవచఛ యొకు ఉదభవిస్తున్ా కోణాలన్ల
వివరించండ్మ
సిలబస్ట పేపర్ III (విభాగం II): భార్త రాజ్యంగం: వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్
ప్రశ్నాపదం చరిించండ్మ & వివరించండ్మ
ఉపోద్ఘాతం ● వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్ స్వవచఛన్ల ర్క్షించడాన్నకి సెక్షన్స 66Aన్న పూరిుగా కొట్వేసిన్ సంఘట్న్
వంట ఏదైన్న ఒక సంఘట్న్ (ప్రాధాన్యంగా 2000 న్నట IT చట్్ంలో తీరుు)తో ప్రార్ంభించండ్మ

ముఖ్య భాగం ● వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్పై క్కుపుంగా వ్రాయండ్మ


 వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్ స్వవచఛ అంటే నోట మాట్ల ద్ఘవరా, రాయడం, ముద్రంచడం,
చిత్రాలు లేద్ఘ మర్దదైన్న పదితి ద్ఘవరా ఒకరి సవంత న్మికాలు మరియు అభిప్రాయాలన్ల స్వవచఛగా వయక్తుకరించే
హక్కు.
 19 (1) (ఎ) అధికర్ణ్ం

TSPSC గ్రూప్-I మెయిన్స్ టెస్ట్ సిరీస్ట | అడ్మిషన్లు జరుగుతున్నాయి | మరిన్నా వివరాల కోసం 70134 95019కి కాల్ చేయండ్మ
 ఈ హక్కు అపరిమితమైన్ద్ధ కాదు
 దేశ స్థర్వభౌమాధికార్ం మరియు భద్రత, మరాయద మరియు నైతికత, కోరు్ ధికాుర్ం మొదలైన్
వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్పై పరిమితులు.
 ఈ హక్కు భార్తీయ పౌరులక్క మాత్రమే అందుబాటులో ఉంటుంద్ధ మరియు విదేశీ పౌరులక్క
అందుబాటులో ఉండదు
● వాకా్ాతంత్రయం మరియు వయక్తుకర్ణ్ హక్కు యొకు విభిన్ా కోణాలన్ల వివరించండ్మ
 పత్రికా స్వవచఛ
 వాణజయ స్వవచఛ వాక్కు
 ప్రస్థర్ హక్కు
 సమాచార్ హక్కు
 విమరిశంచే హక్కు
 జ్తీయ సరిహదుేలు ద్ఘట భావ వయక్తుకర్ణ్ హక్కు
 న్నశశబేం వహించే స్వవచఛ
● 19 (1) (ఎ) అధికర్ణ్ం యొకు స్తప్రం కోరు్ తీరుులు
 న్నశశబేం వహించే స్వవచఛ- జ్తీయ గీతం కస్త
 వాకా్ాతంత్రయం మరియు దేశద్రోహం- కన్హయయ క్కమార్ Vs ఢిల్లు.

ముగంపు ● వాకా్ాతంత్రయం మరియు భావవయక్తుకర్ణ్ హక్కు ఒక ముఖ్యమైన్ ప్రాథమిక హక్కు మరియు ద్ఘన్న పరిధిన్న ఎలా
విసురించిందో అనే ద్ఘన్నతో సంక్షిపుంగా ముగంచండ్మ

4. మైన్నరిటీలన్ల భార్త రాజ్యంగం ఎలా న్నర్వచించింద్ధ మరియు వారి హక్కుల పరిర్క్షణ్ కోసం అందుబాటులో ఉన్ా ర్క్షణ్లన్ల వివరించండ్మ
సిలబస్ట పేపర్ III (సెక్షన్స II): భార్త రాజ్యంగం: ప్రాథమిక హక్కులు
ప్రశ్నాపదం ఎలా న్నర్వచించింద్ధ మరియు వివరించండ్మ
ఉపోద్ఘాతం ● 2019 పౌర్సతవ సవర్ణ్లో న్నర్వచించబడ్మన్ మైన్నరిటీల ప్రస్థువన్తో ప్రార్ంభించవచుి
● మైన్నరిటీల గురించి న్నర్వచించండ్మ
 రాజ్యంగంలో ఎవరిన్న మైన్నరిటీలక్క ఖ్చిితమైన్ న్నర్వచన్ం సుష్ంగా ఇవవలేదు
 మైన్నరిటీ అనేద్ధ భాష, లిప, మతం, సంసృతి మొదలైన్ వాట పర్ంగా సమాజంలోన్న భిన్ామైన్ మరియు
దుర్భలమైన్ వరాాలన్ల సూచిస్తుంద్ధ.
 భార్తదేశంలో ఎవరిన్న మైన్నరీ్లుగా గురిుంచారు
ముఖ్య భాగం ● భార్తదేశంలో మైన్నరిటీలక్క ర్క్షణ్లు
 రాజ్యంగ ముస్థయిద్ఘ కమిటీ 1948లో "మైన్నరిటీలక్క సంబంధించిన్ ప్రతేయక న్నబంధన్లు" పేరుతో
XIVవ భాగంలో వివిధ న్నబంధన్లు మరియు చట్ట్లన్ల రూపంద్ధంచింద్ధ మరియు 292-301
అధికర్ణ్లలో ివి తెలపబడాడయి.
 14 వ అధికర్ణ్- అసమాన్ చికిత్న్ల న్నషేధిస్తుంద్ధ
 29వ అధికర్ణ్- మైన్నరిటీల ప్రయోజన్నల పరిర్క్షణ్
 30(1) వ అధికర్ణ్ - వారి సంసృతి మరియు వార్సత్వవన్నా కాపాడట్ం కోసం వారు ఎంచుక్కన్ా విద్ఘయ
సంసాన్ల స్థాపంచడం మరియు న్నర్వహించడం.

TSPSC గ్రూప్-I మెయిన్స్ టెస్ట్ సిరీస్ట | అడ్మిషన్లు జరుగుతున్నాయి | మరిన్నా వివరాల కోసం 70134 95019కి కాల్ చేయండ్మ
 30(2) వ అధికర్ణ్- ప్రభుతవం సహాయాన్నా అందజేస్వట్ప్పుడు మతం లేద్ఘ భాషతో సంబంధం లేక్కండా ఏ
మైన్నరిటీ వర్ాం న్నర్వహించే విద్ఘయ సంసా పట్ు వివక్ష చూపకూడదు.
 రాజ్యంగంలోన్న 350A వ అధికర్ణ్ భాషా మైన్నరిటీలక్క ర్క్షణ్ కలిుస్తుంద్ధ.
 350(B) అధికర్ణ్ భాషాపర్మైన్ మైన్నరిటీల కోసం ప్రతేయక అధికారిన్న న్నయమించే అవకాశ్నన్నా కలిుస్తుంద్ధ.
 మైన్నరీ్ల ప్రయోజన్నల పరిర్క్షణ్ కోసం ప్రభుతవం జ్తీయ మైన్నరిటీ కమిషన్సన్ల ఏరాుటు చేసింద్ధ
 ప్రతి సంవత్ర్ం డ్మసెంబర్ 18వ తేదీన్న మైన్నరిటీల హక్కుల ద్ధనోత్వంగా జరుపుక్కంట్టరు.
● మైన్నరిటీల ర్క్షణ్పై స్తప్రంకోరు్ తీరుు
 TMA Pai ఫండేషన్స vs కరాాట్క, 2002
 చందన్న ద్ఘస్ట vs వెస్ట్ బెంగాల్ SC, 2019 (త్వజ్ తీరుు)
 సింధీ ఎడుయకషన్స సొసైటీ vs ఢిల్లు ప్రభుతవం, 2010
● భార్తదేశంలోన్న ముసిుంల స్థమాజిక మరియు ఆరిాక సిాతిగతులన్ల అధయయన్ం చేయడాన్నకి మరియు
విశ్లుష్టంచడాన్నకి సచార్ కమిటీన్న 2005లో ఏరాుటు చేశ్నరు

ముగంపు ● మైన్నరిటీల హక్కులన్ల పరిర్క్షించిన్ప్పుడే సమాజంలో న్నగరికత అభివృద్ధి చందుతుంద్ధ.


● స్థమాజిక, ఆరిాక మరియు రాజక్తయ ర్ంగాలలో మైన్నరిటీ హక్కులక్క వారి గురిుంపు మరియు ర్క్షణ్లన్ల భార్త
రాజ్యంగ సూురిు కొర్క్క కాపాడవలసిన్ అవసర్ం ఉంద్ధ అన్న చపు ముగంచండ్మ (వీలైతే వస్తధైవ క్కటుంబం
గురించి సిృశించండ్మ

5. "చట్్ అమలు లో భాగంగా తపు ఏ వయకిు తన్ ఆసిున్న కోలోుకూడదు". వాయఖ్యయన్నంచండ్మ


సిలబస్ట పేపర్ III (సెక్షన్స II): భార్త రాజ్యంగం: ప్రాథమిక హక్కులు
ప్రశ్నాపదం వాయఖ్యయన్నంచండ్మ
ఉపోద్ఘాతం ● ఆసిు హక్కు గురించి వివర్ణ్ తో ప్రార్ంభించండ్మ- న్నజ్న్నకి అద్ధ ప్రాధమిక హక్కులలో భాగం (19(1)(f)
అధికర్ణ్, 31వ అధికర్ణ్
● 44వ రాజ్యంగ సవర్ణ్ చట్్ం 1978- ఆసిు హక్కున్ల ప్రాథమిక హక్కుగా ర్దుే చేసింద్ధ
● 300A అధికర్ణ్-పార్్ XII- ఆసిు హక్కు

ముఖ్య భాగం ● ఆసిు హక్కు గురించి క్కుపుంగా వివరించండ్మ


● స్తప్రంకోరు్ ఏం చపుంద్ధ -
 కార్యన్నరావహక వయవసా చట్్ం యొకు ఆమోదం లేక్కండా ఒక వయకిు యొకు ఆసిు హక్కున్ల హరించడం స్థధయం
కాదు.(మేన్కా గాంధీ 1978 కస్త)
 పౌరుల యొకు వయకిుగత ఆసిున్న వారి సుష్మైన్ ఆమోదం లేక్కండా స్థవధీన్ం చేస్తకోవడం మాన్వ హక్కుల
మరియు 300A వ అధికర్ణ్ పర్ంగా రాజ్యంగ హక్కుల ఉలుంఘన్
● పరిహార్ం చలిుంపుపై ప్రజ్ ప్రయోజన్ం కోసం ఒక వయకిు యొకు ఆసిున్న రాషరం పందవచుి.
● IIIవ భాగం - రాషరం వయకిుగత ఆసిున్న స్థవధీన్ం చేస్తక్కన్ాప్పుడు లేద్ఘ ప్రైవేట్ ఆసిున్న కోరిన్ సందర్భంలో
పరిహార్ం పందే హక్కుక్క హామీ ఇచేి రెండు న్నబంధన్లు
 మైన్నరిటీ విద్ఘయ సంసా యొకు ఆసిున్న రాషరం స్థవధీన్ం చేస్తక్కన్ాప్పుడు (30వ అధికర్ణ్)
 ఒక వయకిు భూకమతం చట్్బదిమైన్ పరిమితులోు వయకిుగత స్థగులో ఉన్ాప్పుడు రాషరం స్థవధీన్ం చేస్తక్కంటే
(31 ఎ వ అధికర్ణ్).

TSPSC గ్రూప్-I మెయిన్స్ టెస్ట్ సిరీస్ట | అడ్మిషన్లు జరుగుతున్నాయి | మరిన్నా వివరాల కోసం 70134 95019కి కాల్ చేయండ్మ
● అటువంట పరిహార్ం అహేతుకంగా అసమాన్మైన్ద్ధగా ఉండకూడదు.
 కొంత కాలం తరావత, పసరిహార్ం అనే పదం బదులు ఆ అధికర్ణ్ యందు "డబ్బు ఇవవబడుతుంద్ధ" అన్న
సవరించబడ్మంద్ధ. అందువలు తగన్ పరిహార్ మొతుం బదులు ఎంతో కొంత ఇవవవచుి
● తీరుులు
 ఇండ్మయన్స హాయండ్మక్రాఫ్్ ఎంపోరియం వరె్స్ట యూన్నయన్స ఆఫ్ ఇండ్మయా (1997)- 300A అధికర్ణ్
ప్రకార్ం ఆసిు హక్కు రాజ్యంగ హక్కుగా మరియు మాన్వ హక్కుగా న్నర్వచించబడ్మంద్ధ
 జిలుభాయ్ న్నన్సభాయ్ ఖ్చర్ వరె్స్ట గుజరాత్ రాషరం (1994)
 విద్ఘయదేవి వరె్స్ట హిమాచల్ ప్రదేశ్ & ఆర్్ (1982)
 అమరావతి భూ క్కంభకోణ్ం కస్త (రాజధాన్న కోసం)

ముగంపు ● ప్రభుతవ ఏకపక్ష వైఖ్రిన్న పరిగణ్న్లోకి తీస్తక్కన్న ఆసిుపై హక్కులో మారుు అవసర్మన్న మీరు మీ అభిప్రాయాన్నా
(వాయఖ్య) తెలియజేయాలి.

● అభివృద్ధి ప్రక్రియలు మరియు పౌరుల హక్కులలో సమతులయత ఉండేలా మీ ముగంపు ఉండాలి

TSPSC గ్రూప్-I మెయిన్స్ టెస్ట్ సిరీస్ట | అడ్మిషన్లు జరుగుతున్నాయి | మరిన్నా వివరాల కోసం 70134 95019కి కాల్ చేయండ్మ
TSPSC Group-I
Naipunyata
Day-3: System of Government (Paper-III Section-II Unit-III)

1. “The powers and functions of the Governor of Indian States resemble that of the
President of the Union Government." Comment.
Syllabus Paper III (Section II): Constitution of India: Central Government
Keyword Comment
Introduction ● Introduction on President and Governor
 The President is the Head of the Indian State- Article 52
 The Governor is the Chief Executive Head of the State, But like the
President, he is a nominal executive Head

Body ● Mention different types of powers between President and Governor


 Executive, Legislative, Financial, Judicial and Pardoning and
Ordinance making Powers. Below is a template that can be
followed
Executive Powers

President (Article 52-62) Governor(Article 153-162)


All executive actions of the All executive actions of the
Government of India are formally Government of State are formally
taken in his name taken in his name
He appoints Prime Minister and He appoints Chief Minister and
other ministers, CAG, Chief other ministers, State Election
Election Commissioner, Governor Commissioner, Advocate General
of states, Attorney General of of India etc
India
Legislative Powers
He can summon or prorogue the He can summon or prorogue the
Parliament and dissolve the Lok State Legislature and dissolve the
Sabha, he can also summon the State Legislative Assembly (Article
Joint sitting of the both the houses 154)
of the Parliament (Article 85 & 86)
He decides on questions to as He decides on questions to as
disqualifications of members of disqualifications of members of
the Parliament, in consultation the State Legislature, in
with the Election Commission consultation with the Election
Commission
Financial Powers

TSPSC Group-I Mains Test Series | Admissions in Progress | Call 70134 95019 for more details
Money Bill can be introduced in Money Bill can be introduced in
the Parliament only with his prior the State Legislature only with his
recommendations prior recommendations
He can make advances out of the He can make advances out of the
Contingency Fund of India to meet Contingency Fund of the state to
unforeseen expenditure meet unforeseen expenditure
Judicial Powers
He appoints the Chief Justice and He makes appointments, postings
the Judges of Supreme Court and and promotions of the district
High Courts courts on consultation with the
State High court
Pardoning Powers
Article 72 Article 161
Ordinary Making powers
Article 123 grants the president Article 213 states that Governor of
the power to issue ordinances the state may issue ordinances
during Parliament’s recess. when the state legislative
assembly is not in session
● Additional powers of President
 He is the supreme commander of the defence forces of India.
 He represents India in International forums and affairs, sends, and
receives diplomats.
 The president deals with Emergency powers

● Current Context on powers and Functions of Governor


 Prorogation of the Legislative Assembly in Telangana
 Kerala Chief Minister v Governor’s authority on the removal of
Council of Ministers
Conclusion ● Conclude how more extensive powers of Governor to that of the
President

2. Define Privileges of state legislature and classify it into two broad categories.
Syllabus Paper III (Section II): Constitution of India: State Government
Keyword Define
Introduction ● Introduction can be about the privileges of the state Legislature- who
all can enjoy?
 Source of these privileges- British Parliament
 Certain rights enjoyed by each house collectively and by the
members of each house individually
 Same as that of Parliament
 Article 194 of the Indian Constitution

Body ● Brief on importance of Privileges of State Legislature


 Without privileges, they could not discharge their functions

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 Necessary in order to secure the independence and effectiveness
of their actions
 Can protect members from any obstruction in the discharge of
their legislative responsibilities

● Brief on classification of Privileges of State Legislature

Collective Privileges Individual Privileges


It has the right to publish its They cannot be arrested during
reports, debates and proceedings the session of the state legislature
and the right to prohibit others (only in civil cases)
from publishing the same.
It can exclude strangers from its They are exempted from jury
proceedings and hold secret services
sittings to discuss some important
matters
It can institute inquires and order They can refuse to give evidence
the attendance of witnesses and and appear as a witness in a case
send for relevant papers and pending in a court when the State
records legislature is in session
● Current Context:
 MLAs poaching case in Telangana
Conclusion ● Conclude with- The Privileges must be to such extent that the
freedom of its members to perform legislative function is ensured not
beyond that

3. Describe the composition, powers and functions of the State Legislative


Assembly.
Syllabus Paper III (Section II): Constitution of India: State Legislative Assembly
Keyword Describe
Introduction ● Introduction on the importance of State Legislative Assembly by
distinguishing between bicameral and unilateral legislature
 Article 168-212 in Part VI (State Legislature)

Body ● Brief on Composition of State Legislative Assembly


 Consists of representatives directly elected by people
 Maximum: Minimum strength: 500: 60
 Governors can nominate one member from the Anglo-Indian
community.
 Readjustments can be done after each census
 Some seats in the Legislative Assembly are reserved for SC’s and
ST’s
● Brief on Powers and Functions of the State Legislature
● Legislative Powers:
 Act as the highest law-making organ of the state- only at state
level and
 It has a good degree of influence over the executive

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 Has a role to play on constitutional Amendment Acts
● Financial Powers
 The assembly enjoys supreme authority with respect to the
passing of state budgets, money bills, permission for levying
taxes, and fixing salaries of the members of state legislatures
 Power over the state Purse(Consolidated Fund of the respective
state)
● Executive Powers
 The government ministry is collectively accountable to the
Legislative Assembly
● Amendment Power
 The opinion of the concerned State Legislative Assembly is sought
before the moving of Constitutional Amendment bill in the
Parliament (Reorganisation of States)
● Electoral powers
 Elects its own Speaker and Deputy Speaker
 Can also remove above through a vote of no-confidence
 Take part in the election of President of India

● Current news
 Prorogation of Telangana Assembly and non-implementation of
Governor’s address
Conclusion ● Conclude precisely how powers of the state Legislative Assembly
clearly reveals that it enjoys a powerful position in the state with
respect to Upper house

4. Individual Parliamentarian’s role as the national lawmaker is on a decline, which


in turn, has adversely impacted the quality of debates and their outcome.
Comment
Syllabus Paper III (Section II): Constitution of India: Central Government
Keyword Comment
Introduction ● Introduce on parliamentarian as the National Lawmaker
 for the smooth conduction and sustaining the vitality of
parliamentary democracy, the participation of parliamentarian is
crucial

Body ● Reasons for decline of quality of debates and their outcome


 Anti-Defection Law- tool to curb freedom of speech and
expression
 Increase in Money and muscle power in elections
 Biased nature of Speaker- role of opposition parliamentarians
reduced
 The duration of Parliamentary sitting is declining
 Irregularity of Parliamentarians in attending the sessions
 Quality of debates

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● Impact of Decline in Parliamentarian’s role as the National Law maker
 The absence of quality debate leaves many aspects of laws
unclear and increases the burden on courts,
 Political parties are engaging in politics rather than indulging in
law-making and scrutinising.
 Decisions are not taken in a timely manner
Current Context:
● According to PRS Legislative Research (PRS), in the 2021 Monsoon
Session, the Lok Sabha was scheduled to work for six hours per day
for 19 days
Conclusion ● Conclude by giving your opinion on how to improve the
parliamentarian’s role as national lawmaker to increase the quality of
debates.

5. Is there a justification for a bicameral legislature at state level when most of the
state legislatures in India are unicameral? Substantiate your answer.
Syllabus Paper III (Section II): Constitution of India: Legislature
Keyword Substantiate and justify
Introduction ● Introduce like what is Unicameralism and Bicameralism
 Unicameral- a type of legislature, which consists of one house or
assembly, that legislates and votes as one
 Bicameral legislature is a legislative body that consists of two
houses

Body ● The Constitution of India had the provision of establishing bicameral


legislatures in more populous states of the country
● Initially states such as Tamil Nadu, West Bengal, Madhya Pradesh,
Punjab etc. were slated to have two houses
● However, some of the states felt that Legislative Council would be an
“unnecessary adjunct” for the business of the legislature
● Arguments in favour for a Bicameral legislature
 Check on hasty legislation
 Check against Tyranny of a lower house- Upper house would act
as a check against “the corrupting influence of undivided power
 Representation of Different Interests- The second chamber in
some states provides for representation of minorities and of the
aristocratic and intellectual elements
 Relief of the Burden- Noncontroversial bills may at first be
introduced in the upper house to minimize the burden of the
lower house.
 Scope for the Competent and Talented Persons- It provides
opportunity to men of worth and talent to get seats in the upper
house(literature,art,social service & cooperative movement)

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 States with larger population like Uttar Pradesh needs two houses
so that people can reach out to representatives easily
● Arguments against Bicameral legislature
 An unnecessary system: State with lower population like Kerala
doesn’t need a second house as it is a burden on the resources
 Blocks progressive legislation
 Some states with bicameral legislature face poverty, a lack of
Health care, and quality Education.
 Adhocism led to accommodation of party loyalists in the
ministerial portfolios
Current Context
● Now- Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and
Uttar Pradesh—have bicameral legislatures
Conclusion Conclude by giving a justification of having an upper house at state
level for vibrant debates in the state legislature by putting the
expenditure within tolerant levels

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TSPSC Group-I
Naipunyata
Day-4: Judicial System in India (Paper-III Section-II Unit-IV)

1. Define Judicial review and enumerate on which actions judicial review is applied?
Syllabus Paper III (Section II): Constitution of India: Judicial system in India
Keyword Define and enumerate
Introduction ● Introduce with Current Context
 Recently Supreme Court in Central Vista project opined against
adopting for Judicial Review as long as the executive follows
constitutional principles. In that Context
● Introduction on Judicial Review
 The power of courts of law to review the actions of the executive
and legislative branches is called judicial review.

Body ● Mention where it is inspired from (American Constitution)


● Brief about the features of Judicial Review in the Constitution
 The word Judicial Review is not mentioned in the constitution.
 Few Articles explicitly tell us the presence of Judicial review
doctrine in the constitution- like Articles 13, 32, 131, 132 etc
 Judicial review is a basic feature of the Constitution.
 Only Supreme Court and High courts have Power of Judicial
Review
● Brief about where its applicability can be there
● In India, judicial review can be applied with respect to three types of
actions:
 Legislative Action- the government stays within the bounds of the
constitution from which it draws its legitimacy, if the law infringes
the Fundamental Rights (Article 13(2)(3))
 Judicial Decision- court's review of a decision of a lower court in
order to determine whether an error was made(Certiorari)
 Administration Action- All administrative powers must be
exercised bonafide and fairly. In case of any of powers are abused,
it leads to a ground of judicial review (Articles 32, 226)
● The Supreme Court of India has applied the judicial review doctrine in
crucial times
 I.R. Coelho (2007)
 Mithu vs State of Punjab (1983)
 Indira Gandhi vs Raj Narain (1975)
● Supreme Court declared 99th constitutional amendment (NJAC) as
unconstitutional and void (2014) (Provide your own example)

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Conclusion ● Briefly conclude on how the judiciary can play a vital and important
role not only in preventing the remedying abuse and misuse of power
but also in eliminating exploitation and injustice within constitutional
principles.

2. How is Independence of Indian Judiciary ensured in our parliamentary


democracy?
Syllabus Paper III (Section II): Constitution of India: Independence of Judiciary
Keyword How
Introduction ● Introduction on Indian judiciary
 Start with this quote: Dr. B.R. Ambedkar- People of a nation may
lose confidence in the executive or its legislature but it will be an
evil day if they lose their confidence in its judiciary.
 Judiciary is assigned a very significant role in the Indian
Parliamentary Democracy
Body ● Brief on Independence of Judiciary- refers to the ability to
 defend the Rule of Law
 personal freedom and liberty
 equality before the law
 Impartial and effective judicial control over the Government's
administrative and executive operations without fear or favour.
● The constitutional Provisions for independence
 Mode of Appointment- Article 124(2) & 217 (1)
 Security of Tenure- can be removed from office only on the
grounds mentioned in the constitution
 Fixed service conditions- conditions of service remained same
during their term of office
 Conduct of Judges cannot be discussed- Art 121
 Freedom to appoint its staff
 Its jurisdiction cannot be curtailed
 Separation of judiciary from executive- Art 50
 Power to punish for its contempt- Art 129 and 215
● Challenges faced in ensuring Judicial Independence
 Threats and attacks on judges
 Political influence in Appointment of Judges
 Legal Practice after retirement
● Recent instances
 Appointment of Ranjan Gogoi as member of Rajya sabha before
cooling off period

 Irresponsible statements and wild allegations made against


Justice DY Chandrachud in the petition by a person named rashid
khan Pathan

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Conclusion ● Conclude Precisely why judiciary must be independent to perform its
duties as a silent guardian of the constitution

3. Examine the major issues raised by the Supreme Court in the Golaknath v State of
Punjab (1967) case.
Syllabus Paper III (Section II): Constitution of India: Supreme Court
Keyword Examine
Introduction ● Introduction on Golaknath v State of Punjab (1967) Case
 Golaknath v. State of Punjab was one of the most important cases
in legal history.
 This case raised many concerns.

Body ● Brief on issues raised by supreme court in Golaknath case:


 Ninth schedule and Article 31 (b)
 The problem that came before the court was whether the
parliament has the full authority and the power to amend the
fundamental rights or not? - SC said no in this case
 SC- Do constitutional amendments have the power to curtail the
fundamental rights of Indian citizens? –No- Article 368 vs Article
13
● Golaknath is a kind of victory of the “rule of law” because it made it
clear that even the lawmakers are not above the law.
● This case reinforced the faith of the citizens that the
 law is supreme, not the one who makes it (Parliament)
 neither who implements it (Executive)
 nor the one who interprets it (Judiciary)
● The Supreme Court retained the divinity of the Fundamental Rights
over the State’s power to amend it. (against the earlier Shankari
Prasad vs Union of India)
● The scope of the definition of the word Amendment was a significant
issue left unanswered by the Golaknath judgment

Conclusion ● To save democracy from parliamentary autocratic acts, the majority


in this judgement held that parliament should not amend the
fundamental rights enshrined in Part III of the Indian Constitution

● But these fundamental rights can also be amended without disturbing


the Basic Structure from Kesavananada Bharti (1973) case

● Hence the conclusion must support that as and when the necessity in
changing the rights to accommodate the rule of law and improving
the right to life of citizen, balancing the rigidity and flexibility of the
procedure of amendment to the Constitution can only let the
democracy to evolve.

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4. Trace the genesis and development of Uniform Civil code in India. Cite
authoritative judgments on this issue.
Syllabus Paper III (Section II): Constitution of India: Uniform Civil Code
Keyword Trace and cite
Introduction ● Introduction on Uniform Civil Code
 uniform laws to every religion to attain secularism in public life
 Will override personal laws of different religions, races, caste, etc.
 The other aspect of proposing UCC is to protect the rights of
women of different religions in India.
 Article 44- Part IV- DPSP

Body ● How did the concept of UCC come into being?


 Colonial rule in India- 1840, a uniform law was enacted by the
British for crimes, evidence, and annexures
● What were the steps taken in the post-Independence period to bring
the UCC about?
 Dr. B.R. Ambedkar recommended a uniform civil code to be
included initially in Article 35 of the Constitution of India,
1949 and personal laws must be kept out of the ambit of UCC
 Attempt to bring a Hindu Code Bill in the Parliament- failed
 Hindu Succession Act of 1956
 Special Marriage Act-1954
 Uniform Civil Code in India Bill, 2018 is legislation proposed by
the Bharatiya Janata Party in the year 2018
● Important Judgements
 Mohd. Ahmed Khan vs Shah Bano Begum (1985)
 Sarla Mudgal v. Union of India (1995)
 Pannalal Bansilal Patil v. State of Andhra Pradesh (1996)
 Shayara Bano versus Union of India case that questioned the
legitimacy of the practice of talaq-e-bidat (triple talaq) and
declared it unconstitutional.
 John Vallamattom and Ors. v. Union of India (2003)

● Recent news
 The Gujarat government cleared a proposal to form a committee
to implement the Uniform Civil Code, months before polls are due
in the state
Conclusion ● Conclude on
 how to ensure the overall development of the society bringing
society including women by bringing in a UCC
 how to balance the aims of Article 51 A (f) and Article 51 A(e)
 how to balance the aims in a UCC

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5. Define judicial activism with special reference to Public Interest Litigation and
Social Action Litigation. Judicial activism has had manifold impact on the political
system. Justify the statement adding suitable arguments.
Syllabus Paper III (Section II): Constitution of India: Judicial Activism
Keyword Define and Justify
Introduction ● Introduction on What is Judicial Activism
 Judicial activism describes how a judge approaches or is perceived
to approach exercising judicial review.

Body ● Why Judicial Activism?


 to participate in social reform and change for the welfare of the
society
 promotes constitutional democracy
 gives broader insides to the fundamental rights.
 It establishes rules of law and enhances trust in the judiciary.
● Judgements helped to establish the concept of judicial activism in
India
 Kesavananda Bharati vs State of Kerala, 1973
 Vishaka vs State of Rajasthan (1997)
● Brief on PAL and SAL
 The Public Interest Litigation (PIL)- Intended to bring justice within
the reach of the poor masses
 Social Action Litigation (SAL)- focuses on exposure of repression
by the agencies of the state, notably the police, prison and other
custodial authorities
● Famous Public Interest Litigation case laws in India
 Vishaka v. State of Rajasthan (1992)- to challenge sexual
harassment in the workplace
 M.C. Mehta vs. Union of India (1988)- against civic authorities for
allowing untreated sewage from Kanpur’s tanneries making its
way into the Ganges.
● Merits of PIL
 inexpensive remedy
 Can achieve better results pertaining to larger public issues of
human rights etc
 PIL led to passage of many welfare legislation/guidelines and
provided new derivative FRs to citizens (Can explain with some
examples)
● Demerits of PIL
 Judicial overreach
Ooverstepping of its jurisdiction
 PIL as a tool for harassment
 PIL is being misused
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● SAL is also a kind of PIL
● Impact of Judicial Activism on Political system
 reduces the possibility of misuse of power by the other two
branches of the constitution
 ensure that the state upholds its responsibilities
 Attempt to make the electoral system in a much free and fair
manner.

● Recent context

 The Union Law Ministry on Tuesday told the Supreme Court it


cannot direct Parliament to frame a Uniform Civil Code (UCC) and
urged it to dismiss public-interest litigation seeking such direction
as “non-maintainable”
 The Supreme Court sought responses from the Centre and the
Election Commission on a PIL challenging the validity of a
provision of the Representation of People Act 1951 which bars a
prisoner from voting.
Conclusion ● Conclude on how judicial activism helped in making a more inclusive
and progressive society rectifying the loopholes in a positive manner

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TSPSC Group-I Mains
Naipunyata A 100-Day Mains Answer Writing Program
Day 5: Federal System in India (Paper-III Section-II Unit-V)

1. What are the factors that influence the effective participation of women in the new Panchayat Raj
Institutions?
Syllabus Paper III (Section II): Constitution of India: Panchayat Raj System
Keyword What
Introduction ● Introduction on Panchayat Raj system
 In Indian politics the Panchayats have always a major role to play
 Panchayat Raj Institutions have the responsibility to give good governance in
rural areas

Body ● Women representation in gram panchayat is visualized as an impact of 73rd


Constitutional Amendment-1/3rd to 50% of the seats to women members in
Panchayat- Article 243D
● Factors that influence the effective participation of women in PRI
● Political Factors
 reservation for women - recognised as leader and change maker
 Pradhan Mantri Mahila Shakti Kendra- empower rural women, helps them to
realize their full potential
 The Ministry of Women and Child Development also conducts Training of
Trainers of Elected Women Representatives of Panchayati Raj
 Odisha State have made it mandatory that if the chairperson of PRI in a village is
a man, the vice-chairperson must be a woman
 Transparency in PRIs and administration, support from government officials
● Social Factors
 family members and village leader plays an important role in motivating women
to enter in politics
 They inspire other women in society to break gender stereotypes and include
themselves in the decision-making process.
 Her outdoor mobility gained from exposure visits
 They understand the needs of their community and work well to bring awareness
and solve issues that the community faces
● Economic Factors
 Her participation in economic decisions and her enhanced control over economic
resources at home.
 Lack of development/infrastructure in the villages- roads, hospitals etc
 Awareness on reasons for delay of funds and the beneficiaries are getting enough
support or not
● Other factors

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 PRI is a large platform for interactions with local communities, stakeholders,
administration etc
 her own drive for educating and training herself
 contact with outside world makes women more alert and also active in the
political process
● Despite such positive results, women remain largely excluded from the PRI and local
governance structure due to
 Proxy politics
 power brokering
 gender-based discrimination
 extreme violence for challenging existing power centres in their communities
 not having been heard or supported
● Recent Instances
 Punjab Rural Development and Panchayat Minister Kuldeep Dhaliwal announced
that only women would be appointed as mates in villages under the MGNREGA
scheme to further empower women in the Panchayati Raj Institutions in the
state.
 Punjab state government would also reserve 50 percent of panchayat secretary’s
posts for women candidates during the upcoming recruitment drive.

Conclusion ● Women’s increased political participation has yielded positive results—development


issues such as education, health, nutrition, increase in family income take centre in
interventions by PRI

2. What is the concept of cooperative federalism? How does it exist in Indian Polity?
Syllabus Paper III (Section II): Constitution of India: Cooperative Federalism
Keyword What
Introduction ● Introduction on Federalism
 Federalism is a structure of government where the functions, powers and
authority are divided between two levels of government

Body ● The kinds of federal structure that comes into picture for the executive includes
 Cooperative
 Collaborative
 Competitive.
● The Indian model of federalism is ‘cooperative’, as laid down by the Supreme Court
in State of Rajasthan v. Union of India.
● Cooperative federalism is a concept of federalism in which
 national, state, and local governments interact collectively
 to solve common problems rather than making policies separately but more or
less equally
 No level of government is supreme in this federal structure
 There is no mention of word ‘Federalism’ in Indian Constitution (COI) anywhere
 It is apparently seen in the functioning of governments in the country.
● How Cooperative Federalism exists in India?
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 Article 1 of COI- India shall be a “Union of States”
 In India Federalism is “an indestructible union of destructible States.”
 Seventh Schedule- Union list, the State list and the Concurrent list- coordination
among the different levels of government in India.
 Inter State Council- It is a constitutional body under Article 263 of the COI- for
the better implementation or coordination of policies
 Zonal Councils- It is not a constitutional body. Section 15 of the State
Reorganization Act, 1956
 Taxation Powers- Article 269A (1) of the COI- powers of GST Council
 In 2015, the Centre accepted the 14th Finance Commission Report to increase
the states’ share in Central tax revenues from 32% to 42%
 Article 270 provides that the tax collected by the Union under article 246A and
under Inter-State Trade, shall be distributed among the states too.
 Article 282- grants by the Union for any public purpose
 Article 312- Besides having separate services for the centre and state, the centre
can create certain services common for both the Centre and State
● Instances of cases on Centre-State cooperation
 Jaora Sugar Mills v Madhya Pradesh (1965)
 T.N. Cauvery Sangam v. Union of India (1990)
● Major Drawbacks with examples
 imposition of President’s Rule in states on fallacious grounds
 The existing structure of planning has minimum participation of states
 Coordination with states having different ruling party at centre is somewhat
compromised
● Recent Instances
 GST council
 One Nation- One Market
Conclusion ● Conclude how constant discussions and negotiations between the Centre and the
State are necessary in order to remove the frictions and the problems of
intergovernmental cooperation.

3. Discuss about the non-tax sources of municipal revenue?


Syllabus Paper III (Section II): Constitution of India: Municipalities
Keyword Discuss
Introduction ● Introduction on Non-tax revenue
 Other than taxation being a primary source of income, the government also
earns a recurring income, which is called non-tax revenue
 non-tax revenue is charged against services provided by the government

Body ● Brief on Municipalities


 The institutions of urban local government originated and developed during the
period of British rule
 The Municipalities are bodies or institutions that are established in urban areas
for looking after local affairs such as Sanitation, Public Health, Roads etc.

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● The constitutional Provisions
 74th Constitutional Amendment 1992- constitutionalised Urban government-
Part IX-A
 Recommendations of Fifteenth Finance Commission to devolve funds to the
municipalities based on their performance (Tied grants) in sanitation and solid
waste management
● Policy measures
 Smart Cities Mission
 HRIDAY
 Swadesh Darshan programs ensured devolving more funds to the municipalities.
Non-tax sources of Municipal Revenue
Revenue from Municipal Special items such as
Property-Rents on  Loans
 Lands  Grants
 Houses  Sale proceeds of
 Rest houses securities

Sale proceeds of land Conservancy Receipts


Produce of lands Receipts from markets and
Slaughterhouses
Fees, fines and contribution Advances and deposits
Conclusion ● Conclude how municipalities shall be empowered by devolving more sources of
revenue that helps in promotion of the development without any time lapse from
the states

4. Explain the powers of the Parliament on State list subjects.


Syllabus Paper III (Section II): Constitution of India: Centre-state relations
Keyword Explain
Introduction ● Introduce with Dam Safety Bill that was enacted recently to safeguard dams
throughout India and establishment of State Dam Safety Organisation
● Introduction on state subjects
 Only state legislature can make laws on the subjects enumerated under the State
List of the Indian Constitution

Body ● Constitutional Provisions


 Article 246 - 7th Schedule of the Constitution of India- deals with state list of
subjects
 42nd amendment Act 1976 shifted 5 new subjects to the state subjects-now total
66 subjects in the state list
● Power of Parliament on state Subjects- Article 249 in the national interest (under five
circumstances)
 When Rajya Sabha passes a Resolution- support by 2/3rd of the members present
and voting
 During a National Emergency- Article 250

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 When State make a request- apply to only those states which requested-Urban
Land (Ceiling and Regulation) Act, 1976- Article 252
 To implement International Agreements- Anti-Hijacking Act, 1982- Article 253
 During President’s Rule- Article 356, 357
 Governor can reserve certain types of bills passed by the state Legislature for the
consideration of the president
 Bills on certain matters can be introduced in state Legislature- only with prior
permission of president
● Recent instances
 Three Farm laws introduced by the Government of India
 The Supreme Court struck down parts of a 97th Constitutional Amendment which
shrank the exclusive authority of States over its co-operative societies, a sector
considered as a massive contributor to the economy.

Conclusion ● Briefly conclude that Centre needs to make laws on the state subjects to protect
national security, national integrity and coordination between the states

5. Describe the formation and functions of the Inter-State Council. State some of the important
decisions taken by the Inter-State Council in the last 3 years.
Syllabus Paper III (Section II): Constitution of India: Centre-state Relations
Keyword Describe
Introduction ● Introduce the current context of Tamil Nadu CM pitching to revive Inter State Council
● Introduction on Inter-State Council
 Already existing informal mechanisms for solving centre-state problems proved
ineffective for the purpose. Hence an need for establishing an ISC for solving the
problems of Centre-state relationship was felt

Body ● Brief on formation of Inter-State Council


 Inter-State Council- constitutional body in India- promotes cooperation and
synergy in the relationship between Union and states.
 Inter-State Council was established on date May 28, 1990, pursuant to the
recommendations of the Sarkaria Commission
 Article 263
 President set up Inter-State Council
● Composition of Inter-state Council

Prime Minister as Chairman Chief Ministers of all the states


as members

Chief Ministers of Union Administrators of UTs not


Territories having a Legislative having a Legislative Assembly
Assembly

Governors of States under Six Ministers of Cabinet rank in


President’s Rule as members the Union Council of Ministers

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to be nominated by the Prime
Minister as Members
Four Ministers of Cabinet rank
as Permanent invitees
Members
● Functions of Inter-State Council
 It investigates and discusses the subjects of common interest between the Union
and States or amongst the States.

 Make recommendations for better coordination of policy and action on such


subjects
 Deliberate upon such other matters of general interest to the States as may be
referred to it by the Chairman.
● Inter- State Council on inter-state water disputes
 States with disputes (sharing of water, dams construction, electricity generation)
will create an inter state council and discuss the issues with concerned ministers
from those states.
● Recent instances
 Cauvery River dispute- Karnataka, kerala, Tamilnadu, Pondicherry
 Krishna River dispute- Andhra Pradesh, Telangana
 Mahadayi River dispute- Goa and Karnataka.

Conclusion ● In India’s federal polity, a cooperative central-state relationship is the cornerstone


for the successful implementation of many schemes. The ISC, with its constitutional
mandate, can go a long way in making this happen.

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TSPSC | Group-I | Mains Test Series
Test- 01 | Paper-III | Section-II | Constitution of India
Model Answers
1 (a). In the light of recent amendments to the Indian Constitution, trace the evolution of Indian Constitution
Philosophy.
Approach:
1. Identify the keyword trace- chronological order of events happened that helped in bringing philosophy
of the Constitution
2. Consider the last five/six amendments to the constitution and how do they reflect the philosophy
3. Trace the visible changes happened and give the conclusion
Model Answer:
The philosophy of Indian Constitution can be seen in its preamble in form of the ideals and aspirations which
our constitution seeks to establish and promote for a matured democracy.
1. Clearer demarcation to ensure sovereignty of the state and friendly relations with neighboring countries
 The 100th Constitutional Amendment Act 2015 pertaining to the land boundary agreement between
India and Bangladesh
 In Berubari Union Case of 1960, Supreme Court clearly established that a constitutional amendment
under Article-368 is needed for such cessation.
2. Ensuring Cooperative Federalism
 The 101st Amendment act 2016 introducing the Goods and Services Tax (GST) ensures removal of tax
barriers between the states and promotes domestic trade
 States’ individual interests are compromised to cooperate with each other and promote inter stated
trade and commerce
3. Quasi-Judicial Independence & Empowering Backward Classes
 The 102nd Constitutional Amendment Act 2018 provides constitutional status to National Commission
for Backward Classes (NCBC).
 It also empowers President to notify socially and educationally backward classes that ensures
economic and social justice.
 The constitutional status can ensure independence of the commission.
 It ensures promotion of educational and economic interests of other weaker sections under Article 46
4. Right to Equality and Preservation of Rule of law
 The 103rd Constitutional Amendment Act 2019 provides for Reservation in appointments to posts
under the state and in admissions to educational institutions to economically weaker sections of
citizens (EWS).
 It provides an opportunity to treat unequals unequally (Article-15) ensuring rule of law to prevail.
5. Ensuring Political Justice
 The 104th Constitutional Amendment Act 2020 extended the reservation for scheduled castes and
scheduled tribes for up to ten years which was set to expire in 2020 and retrieving Anglo Indian
Community’s reservation in Legislative bodies.
 Extension of reservation benefits can be substantiated by the penetration of benefits to the lower
sections of the society.
6. Expanding the federal nature
 The 105th Constitutional Amendment act 2021 is the latest amendment to Indian constitution
 It seeks to restore the power of state governments to identify OBCs that are socially and educationally
backward.
 It ensures the prevalence of federal spirit to the state level.

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Developments during the process of evolution in the Constitution

1. Federal structure is getting more preference and in a cooperative manner between states
2. Enough precedences(like Berubari Union Case of 1960) are available to take an informed decision in a
stipulated timeline
3. Rule of Law is given greater preference through implementation of DPSPs
4. Obsolete notions and practices are being discarded (355-0 voting in Lok Sabha and 163-0 in Rajya Sabha
for 104th Constitutional Amendment 2019)
5. Redressal Mechanisms are getting strengthened to safeguard the rights
As a living document, though the constitution has evolved a lot since the beginning and undergone many
amendments, it still reflects the philosophy of the Indian Constitution.
1 (b). Explain the nature and the role of a Constituent Assembly that framed Indian Constitution
Approach:
1. Recognize the key word “Explain”- to give detailed account of constituent Assembly
2. Nature of Constituent Assembly
3. What is the importance of Constituent Assembly in framing the lengthiest Constitution of India
Model Answer:
Nature of Constituent Assembly:
The Indian Independence Act of 1947 reflects the nature and Features of Constituent Assembly.
Constituent Assembly was a made a fully sovereign body which could frame any type of Constitution for
Independent India.
Constituent Assembly is a legislative body for making of the Constitution for free India and enacting of ordinary
laws for the country. Constituent Assembly members were partly elected and partly nominated.
The role of Constituent Assembly:
1. Frame the Constitution of India and make sure that everyone in the country gets equal rights and
opportunities.
2. The assembly adopted the National flag on July 22, 1947.
3. Enact the laws for Independent India.
4. In May 1949, the assembly approved India’s membership in the British Commonwealth.
5. On January 24, 1950, Dr. Rajendra Prasad was elected the first President of India through this committee.
6. Adopted both the National anthem and National Song on January 24, 1950.
7. Adopted Objectives of Resolution, which formed the basis for the Preamble of the Indian Constitution.

The composition of Constituent Assembly allowed Independent India to constitute the lengthiest Constitution
of the World adopting from various sources around the world

2(a). Examine the scope and nature of Right to Equality in India in the context of recent Constitution (One
hundred and fourth) amendment act, 2019?

Approach:

1. Identify the keyword “Examine”


2. Substantiate your analysis and judgements with evidence
3. Mention how the amendment act ensures right to equality
Model Answer:
The Constitution (104th amendment) Act, 2019 ceased the reservation of seats for Anglo-Indians in the Lok
Sabha and State Legislative Assemblies and extended the reservations for Scheduled Castes and Scheduled
Tribes up to 10 years. The provisions that are to be considered include:
1. Article 15(1) prohibits the state from discriminating any citizen on the basis of race, religion, caste, sex or
place of birth with some exemption to treat unequals in a fair manner

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(a) Article 15(4) and article 16(4) empowers the state to make specific arrangements for Scheduled Castes
and Scheduled Tribes
(b) Political empowerment is one such affirmative action to reserve seats in Parliament and State
Assemblies

Extension of Reservation to Scheduled Castes and Scheduled Tribes


1. According to Article 330 of Indian constitution and Section 3 of Representation of People’s Act of 1951,
seats for scheduled castes and scheduled tribes in the Lok Sabha are allocated based the proportion of
scheduled castes and scheduled tribes in the state based on the state’s population.
2. But it was repeatedly extended by constitutional amendments to Article 334 over years.
3. Even when the extension can be political in nature, the sub categorization of these communities would
help in uplifting the targeted sections of the society
The cessation of reservation to Anglo Indian Community in Parliament and State Legislature can be because
of the proportion of population to represent them. The estimates of the community are disputing. A statement
in Parliament quoted that they are around only 296 in number but some estimates suggest that they are
around 150000. Even in such a case, an average Member of Parliament in India represents at least 1.5 million
population for which the nomination of a person of Anglo Indian Community to the Parliament cannot be
justified. Hence, the decision to exclude the community in the extension of the benefits can be justified

As Right to Equality is based on the rule of law, where equals are treated equal and unequals are treated
unequally, reservation is a necessary treatment to ensure political, social and economic justice. Hence,
extension of reservation to SCs and STs can be justified provided the beneficiaries of these reservations are
targeted to sub categories within these communities

2(b). What do you understand by the phrase ‘Preamble is the identity card of the Constitution”. Explain the
following terms in the context of Indian Constitution. (a) Sovereign; (b) Democratic and (c ) Equality

Approach:
1. Recognize the keywords “What” and “Explain”
2. Including the components of the preamble and briefly explain the intention behind them
3. Briefly describe the components given with examples
Model Answer:
1. Preamble conveys the spirit of Constitutional ideals and a foreword of Indian Constitution. It contains
the summary or essence of the Constitution. Hence it is referred as Identity Card of the Constitution
2. Based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the
Constituent Assembly
3. Some of the Components of Preamble of Constitution of India include:
 Source of authority of the Constitution
 Nature of Indian State as a democratic, Sovereign, Socialist, Secular, Democratic and Republic
 Objectives of the Constitution
 Date of adoption of the Constitution

The terms that are given above that conveys the ideals through the preamble include:
Sovereign:
 There is no authority above it
 Sovereignty signifies independent power over internal and external affairs
 Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in
favor of a foreign state.

Democratic

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 a form of government in which the rulers are elected by the people
 the final decision-making power must rest with those elected by the people
 Democracy is of two types–direct and indirect.
 India -- indirect democracy and representative form of Democracy
 The Indian Constitution provides for representative parliamentary democracy under which the
executive is responsible to the legislature for all its policies and actions.
 Universal adult franchise, periodic elections, rule of law, independence of judiciary

Equality

 Absence of special privileges to any section of the society


 Provision of adequate opportunities for all individuals without any discrimination.
 Preamble secures to all citizens of India equality of status and opportunity.
 Equality – civil, political and economic equality
 Civil equality assured through. – Article 14, 15, 16, 17 and 18
 Political equality through - Article 325: no discrimination on inclusion in electoral rolls. – Article 326:
right to vote; UAF.
 Economic equality through: – Article 39 (DPSP): equal pay for equal work for men, women, right to
an adequate livelihood

3(a). Right to Life and Personal Liberty (Article-21) in the Constitution of India is the most evolved fundamental
right since the adoption of the constitution. Substantiate the answer

Approach:
1. Recognise the keyword substantiate in the question. Add evidences for your answer
2. Introduce about Article 21 and then explain how SC expanded the scope of Article 21 by including many
rights as part of this with examples and mention important judgements related to it
3. Conclude by substantiating the fact that Article 21 is the most evolved fundamental right
Model Answer:
1. Article 21 declares that no person shall be deprived of his life or personal liberty except according to
procedure established by law. This right is available to both citizens and non-citizens.
 Initially Supreme Court has taken a narrow interpretation of Article 21 in AK Gopalan case (1950).
 It held protection is against only arbitrary executive action but not arbitrary legislative action,
because it takes the words ‘procedure established by law’ as it is and a law can’t be questioned
on unreasonable, unjust or unfair.
 Also held that personal liberty means only liberty relating to body of the individual.
 However, in Maneka Gandhi case (1978), Supreme Court overruled its judgement in the Gopalan case
by taking a wider interpretation of the Article 21.
 It ruled that the right to life and personal liberty of a person can be deprived by a law provided
procedure prescribed by that law is reasonable, fair, just.
 In other words it has introduced the American expression ‘due process of law’.
 Post Maneka Gandhi, Judicial activism led to a number of cases where Supreme Court has interpreted
Article 21 not only against arbitrary actions but also inaction on part of government.
 In further judgements, SC held, in right to life, life means not merely physical existence but right
to live with human dignity which encompasses bare necessities of life such as adequate nutrition,
clothing, shelter and health, sanitation, environment free from pollution of air, water etc.
 In DK Basu vs Sate of West Bengal (1996), SC held ‘right against torture’ forms part of Article 21
and in 2010 further added mental torture also.

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 In Nalsa judgement (2014), SC recognised rights of transgenders to recognise as third gender and
in Navtej Singh Johar case (2018), it decriminalised section 377 of IPC as these violates Articles 14,
19, 21.
 In Puttaswamy judgement (2017), it recognised right to privacy is intrinsic part of Article 21 and
opened the domain of personal data safety, protection.
 In Animal welfare board case, SC recognised right to life of animals also and said it shall be
protected by law.
 SC widened Article 21 so much that it upheld draconian criminal defamation law since it protects
right to reputation, which is part of Article 21.
Naming and declaring rights has powerful consequences. This makes people assertive to demand dignified,
meaningful life. On its part, judiciary widened the scope of Article 21 to cover all aspects of human life and
made it most evolved fundamental right since the adoption of constitution.
3(b). Fundamental duties are essential for well being of society. In the light of the statement examine whether
fundamental duties can be made legally enforceable.

Approach:
1. Explain fundamental duties and their importance.
2. Write arguments for and against whether the fundamental should be made enforceable.
3. Conclude based on assessment of your arguments.
Model Answer:
Fundamental duties are obligations imposed on citizens under Article 51A of constitution. The concept was
adopted from fromer USSR Constitution. It has been inserted through 42nd constitutional Amendment
based on recommendations of Swaran singh committee.
Fundamental duties are not enforceable in nature i.e. they are not binding on citizens. There is a necessity
for making fundamental duties enforceable are being made in recent times.
Rationale for making fundamental duties enforceable:
1. If existing laws are inadequate to enforce needed discipline and behavioural change among citizens,
making fundamentals duties legally enforceable fills legislative vacuum.
2. Fundamental duties promote spirit of patriotism and uphold unity of India.
3. Rights and duties are co related. Rights cannot be enjoyed unless citizens perform the duties.
4. It reinforces constitutional obligations for example, Article 51A(K) along with Article 21A, the State and
the parents are made to share obligations with regard to education of children.
Arguments against making fundamental duties enforceable:
1. It is difficult to determine the scope of fundamental duties such as “to value and preserve rich heritage “,
making them open – ended.
2. It is undemocratic to impose the duties, moral persuasion is more suitable than compulsory allegiance.
3. Lack of adequate awareness among citizens makes it difficult to make fundamental duties enforceable.
4. Supreme court in Ranganath Mishra Judgement held that fundamental duties should not only be
enforced by legal sanctions, but also by social sanction.

Thus, there is need for uniform policy for proper sensitization to fulfil these duties in letter and spirit before
considering to make them enforceable which can be treated as an imposition on the citizens.

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4(a). Analyse the impact of uranium mining in Amrabad Tiger Reserve in the context of State’s duty to safeguard
forests and wildlife under Article 48A.
Approach:
1. Recognize the keywords Analyse, in the context of in the question
2. Break down the impact of uranium mining on that area wildlife, ecology, people’s health and mention
what is the state duty under Article 48A
3. Conclude by stating balance has to be maintained between state’s directives and people’s rights
Answer:
1. Uranium, a radioactive element, is used as a fuel in nuclear reactors for electricity generation, in
manufacture of radioisotopes for medical applications and in nuclear science research. Since it is an atomic
mineral, it is managed by Department of Atomic Energy.
 Recently, significant quantity of Uranium reserves were discovered in Amrabad Tiger Reserve area in
Telangana.
 Amrabad tiger reserve is located in Nagarkurnool, Nalgonda districts and is part of Nallamala Forest
range.
 It is 6th largest tiger reserve in India and
 In terms of core area, it is 2nd largest.
2. It is home to tigers and aboriginal tribe Chenchus who are primarily hunter-gatherers.
3. Here uranium reserves are part of forest area and as per Part IV of the Indian Constitution that states
Directive Principles of State Policy under Article 48A, it is duty of the state to protect and improve the
environment and to safeguard forests and wildlife.
Impact of Uranium mining in Amrabad tiger reserve:
1. This tiger reserve has rich biodiversity with over 70 species of mammals and hundreds of plant varieties.
 It includes tiger, leopard, nilgai, sambar, chowsingha, sloth bear, endemic yellow-throated bulbul, star
tortoise etc.
 Hilly terrain of this reserve acts as catchment area for river Krishna, which feeds both Srisailam,
Nagarjuna sagar reservoirs.
2. Exploration of Uranium would harm ecological balance of this sensitive area as it threatens wild life
especially tigers and may contaminate water in river Krishna which has far severe effects on people of
both Andhra Pradesh and Telangana.
 It will threaten survival, livelihoods of Chenchus, a notified Primitive Vulnerable Tribal Group living in
tiger reserve area.
3. In addition, this tiger reserve area has archaeological significance as it is home to ancient Buddhist
structures of Satavahanas and Ikshvaku periods.
4. Pollution, radiation due to mining effects health of people in surrounding areas as it was observed in
Jaduguda, Jharkhand.
State’s duty under Article 48A of DPSPs:
1. State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife
of the country.
 Wildlife protection Act, 1972 and Forest conservation Act, 1980 have been enacted to safeguard the
wildlife and forests respectively.
 Telangana state wildlife board rejected the project proposal of Uranium mining in Amrabad tiger
reserve.
 In addition, Telangana state legislature passed resolutions against this project.
Hence, State has to look at alternative options like other safe mining areas like Thummalapalem in Kadapa
district of Andhra Pradesh, or usage of advanced technologies to minimise harmful effects of mining, look for
imports to ensure Right to Life under Article-21 of the Constitution etc.

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4(b). Hate speech poses complex challenges to modern society. Discuss the implications of Hate speech and
strategies to curb the menace of Hate speech

Approach:
1. Define what constitutes Hate speech
2. Impact of Hate speech with examples
3. Conclude by suggesting measures to curb Hate speech
Model Answer:
Article 19(1) (a) guarantees Freedom of Speech and Expression .Abuse of it has led to increasing incidents of
Hate speech in recent times. There is no legal definition of Hate speech in India. Law commission has defined
Hate Speech as incitement of hatred against a group or individual defined in terms of race, ethnicity, gender,
religious beliefs etc.
Challenges posed by Hate speech:
1. It promotes enmity between different groups leading to rising intolerance ,for eg:Haridwar Dharm
Sansad event
2. It is violative of Human rights and dignity
3. It is against democratic and secular fabrics of society
4. It creates fear and makes marginal group withdraw from public debates and discourses ,thus impacting
freedom of speech
Strategies to curb Hate speech:
Legal Measures:
1. Law Commission in its report has recommended expansion of penal laws by inserting new sections to
criminalise Hate speech.It has drafted Criminal Law Amendment Bill(new sections 153C and section
505A) for curbing Hate speech
2. Impunity against Hate speech must end as directed by Supreme court recently
Non-legal measures:
1. Building awareness and tolerance among people through Multicultural awareness campaigns and
counter narratives
2. Conflict sensitive reporting by media
3. Monitoring social media through specialised units to curb dissemination of hate speech online
4. Films and Dramas promotiong harmony between communities should be promoted
Hate speech needs to curbed to protect the Democratic and secular fabric of society.Both legal and non legal
measures are needed to curb the menace of hate speech.
5(a). The Governor of a state has a right to address and send messages to the houses of Legislature. Comment
Approach:
1. Recognize the keyword Comment in the question
2. Start giving explanation about governor rights to address and send messages to Houses of legislature
3. Conclude with why Government and Governor should move together through your opinion
Model Answer:
The Governor is the Chief Executive official of the state. The Executive power of the state is vested in him and
all executive actions are taken in his name in accordance with the Constitution.
1. Article 175 of the Indian Constitution provides rights to Governor to send messages to houses of
Legislature
2. The Governor may address the Legislative Assembly at the start of first session every year but it is
mandatory to address at the first sitting after a newly formed house in the general elections.

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3. The Governor may send messages to the House or Houses of the Legislature of the State, whether with
respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent
shall with all convenient dispatch consider any matter required by the message to be taken into
consideration Article 175 (2) of the Indian Constitution
4. The Governor is within his rights to require the presence of members at his address and to expect early
consideration of his message.
Instances of Conflict between Governor and Council of Ministers:
1. The Governor of West Bengal, Jagdeep Dhankhar, was unable to deliver his address at the Vidhan Sabha
on the first day of the budget session, amid sloganeering, chaos and protests.
2. In Telangana, meanwhile, the budget session of the state assembly commenced without the customary
governor’s address, and the incumbent, Tamilisai Soundararajan, expressed discontent over the state
government’s decision to not have the governor’s address at the beginning of the session.
 The legislative assembly of Telangana was last prorogued in June 2021
3. Punjab Chief Minister Bhagwant Mann slammed Governor Banwarilal Purohit for withdrawing his order
of summoning a special session of the Assembly, saying not allowing it raises a big question on the
country's democracy.
Governor is a “friend, philosopher and guide” to the people and the government. The address of the Governor
contains a review of the activities and Achievements of the Government and their policy with regard to
important internal problems as well as a brief account of the programme of Government Business for the
session. However, due to the strained Centre-States relations, the office of Governor became a point of
discussion making it more political rather than a constitutional post.

It is the duty of the Governor to act as per the provisions of the Constitution and remain a apolitical one. At
the same time, the majority party shall ensure the traditions are practiced to continue the decorum of the
house

5(b). Distinguish between the features of Parliamentary and Presidential system of Government.
Approach:
1. Recognise the keyword “Distinguish” in the question
2. Start giving differences in the tabular format or point format
3. Conclude Why Parliamentary form government is given preference to that of Presidential form of
Government in India
Model Answer:
In a representative democracy, individuals that are elected through an electoral process act as intermediaries
between the people of the state and the policy decisions

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S. No. Basis for Comparison Parliamentary Government Presidential Government

1. Meaning The Legislative and executive In Presidential Government, the


body of government are closely legislative, executive and
related, while the judiciary is Judiciary are independent of each
independent of the remaining other- Doctrine of Separation of
two bodies Powers

2. Executive Dual Executive- Real and Single Executive- President is


Nominal Head of both the state and the
government

3. Accountability The executive is accountable to The executive is not accountable


the legislature (Article 75) to the legislature

4. Appointment of Only the Members of Persons outside the legislature


Ministers Parliament can be appointed as can also be elected as a Minister
Ministers

5. Dissolution of Lower Prime Minister can dissolve the President cannot dissolve the
House Lower house before the expiry lower house
of its term

6. Tenure of Executive No fixed tenure Fixed tenure of 4 years

7. Role of Cabinet Major organ in a Parliamentary Merely an advisory body who aid
form of government. and assist the President

8. Party Rule The Political Party which secures The President is directly elected
majority seats in the Lok Sabha by an electoral college
forms the Government

9. Autocracy Less autocratic owing to the More autocratic as all the powers
division of powers. are concentrated in the hands of
the President.

10. Ministry The ministers are members of The President governs with the
both the legislature and the help of a cabinet or a smaller
executive. The ministers body called “Kitchen Cabinet”
operate on the principle of
secrecy of procedure

The Parliamentary and Presidential forms of executives have their unique characteristics; they are different
from each other in their functioning, organization, and structures.

Every country has made a choice based on its requirements; India for instance, has adopted the
parliamentary system of governance, which is ideal and best suited for the efficient administration of the
country.

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6(a). Do you think investigate agencies can’t act against members of Parliament during a parliamentary session?
Elucidate.
Approach:
1. Recognize the keywords “Do you think” and Elucidate in the question
2. Start explaining parliamentary privileges enjoyed by Parliamentarians and Whether Investigating
agencies can act against members of Parliament during a parliamentary session or not?
3. Conclude why Investigation agencies need to act against Lawmakers.
Model Answer:
It’s not the police system only who has to provide for the security of the people but several law enforcement
agencies who have to implement methods securing the enforcement of law and the security of the country
and its citizens.
Parliamentary Privileges
1. Parliamentary privileges refer to a collection of rights and immunities held by legislatures and their
members, meant to allow a legislature to function effectively without outside interference
2. Individual Privileges:
 No arrest of the Member of the Parliament can take place during its session.
 Also, members can’t be arrested 40 days before and after the session’s beginning and end of the
session in the case of civil cases
3. Collective Privileges:
 No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can
be served within the precincts of the House without the permission of the presiding officer.
4. Under the Constitution, immunity from arrest extends only to the President and Governors, who cannot
be arrested even in the case of criminal cases even while they are in office. Any action even in criminal
matters, may only be initiated after they demit office.
Can investigating agencies can’t act against members of Parliament during a parliamentary session?
1. Yes, Investigative agencies can act against the Parliament members because a Union Minister enjoys no
immunity from arrest in Criminal cases like corruptions (The Prevention of Money Laundering Act, 2002),
fraud etc. as he can be taken into custody with the prior approval of presiding officer of the House
2. In relation to the National Herald Corruption case, YSRCP general secretary and Chairman of the
Parliamentary Standing Committee on Commerce Vijay Sai Reddy was arrested by Central Bureau of
Investigation (CBI)
3. The Central Bureau of Investigation (CBI) has charged former Union Telecom Minister A Raja, a sitting
member of Parliament from Tamil Nadu’s in connection with a case of disproportionate assets.
4. CBI probe on TDP MP Rayapati Sambasiva Rao’s firm Transstroy in a Rs 8,000 crore criminal conspiracy,
cheating, forgery and other multiple counts against Union Bank of India is one of the biggest banking scams
in the country

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5. West Bengal Governor Jagdeep Dhankhar gave sanction to the Central Bureau of Investigations (CBI) to
prosecute three MLAs of the Trinamool Congress (TMC) in the 2016 Narada sting case.
6. The total numbers of cases against MPs/MLAs pending investigation by the CBI are 37, which involves 17
sitting and former members of Parliament and 17 sitting and ex-MLAs (As per 2021 August data)
Supreme Court on delay of CBI cases
1. The state governments have the power under law to withdraw “malicious” criminal cases and it is not
against withdrawal of such cases but they should be examined by the high courts concerned.
2. Top court may issue directions to the investigating agencies to complete the probe within six months and
the trial court may be directed to complete the trial in a time bound manner.
3. In case the accused do not cooperate with the trial, the court may consider cancellation of their bail
4. In cases where investigations are pending before the ED and the CBI, a Monitoring Committee may be
constituted
To uphold the Constitution of India and law of the land, to prevent corruption, frauds and to maintain integrity
in administration, there is a need for in- depth investigation and successful prosecution of offenses by the
Central Bureau of Investigation and Enforcement Directorate against the lawmakers without any delay
6(b). Assess the role of Financial Committees of the Parliament
Approach:
1. Recognise the keyword “Assess” in the question
2. Start with what is Financial Committee and the purpose
3. Conclude with the importance of role of Financial Committees in the Parliament
Model Answer:
Introduction
The financial committees play an important role in the system of Parliamentary control over finances.
The Parliament as a general body is too big to exercise any specific control over public expenditure. It is,
therefore, left to the committees to act as the ‘trustees’ of the Parliament in keeping a strict watch over the
public purse.
Financial Committee is one of the six categories of standing Committees
1. Estimate Committee
2. Public Accounts Committee
3. Committee on Public Undertakings
Estimates Committee
The Committee was set up in 1921
Composition and tenure
1. All the thirty members are from Lok Sabha
2. Rajya Sabha has no representation
3. Term of office of the members is one year
4. One- fifth of its members retire due to rotation in every year
Functions of the Committee
1. To examine the estimates included in the budget and suggest ‘economies’ in public expenditure
2. To examine whether the money is well laid out within the limits of the policy implied in the estimates
Role of Committee is limited by
1. It cannot question the policy laid down by the Parliament
2. Its work is in the nature of post-mortem
3. It lacks the expert assistance of the CAG which is available to the Public Accounts Committee

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Public Accounts Committee
The Committee was set up in 1921 under the provisions of the Government of India Act of 1919
Functions of the Committee
Composition and tenure:
1. 22 members that would include 15 members from Lok Sabha and 7 from Rajya Sabha.
2. The members within the Parliament are elected based on proportional representation by means of
single transferable vote.
3. The chairman of the committee is elected by the Speaker from among its members
4. A minister cannot be elected as a member of the committee
5. Term of office of the members is one year
6. One- fifth of its members retire due to rotation in every year
Functions:
1. To examine the annual audit reports of the Comptroller and Auditor General of India
2. Examines public expenditure from legal and economic, prudence, wisdom point of view
3. To examine the accounts of autonomous and semi-autonomous bodies
4. To examine the money spent on any service during a financial year.
Role of Committee is limited by
1. It cannot intervene in the matters of day-to day administration
2. It is not vested with the power of disallowance of expenditures by the departments
3. It is not an executive body and hence, cannot issue an order
Committee on Public Undertakings
1. Committee on Public Undertakings is a standing committee (Permanent) created in 1964 on the
recommendations of Krishna Menon Committee.
Composition and tenure
1. 22 members that would include 15 members from Lok Sabha and 7 from Rajya Sabha.
2. The members within the Parliament are elected based on proportional representation by means of
single transferable vote.
3. The chairman of the committee is elected by the Speaker from among its members
4. A minister cannot be elected as a member of the committee
5. Term of office of the members is one year
6. One- fifth of its members retire due to rotation in every year
Functions of the Committee
1. It examines the reports and accounts of enumerated public undertakings
2. Review the reports of Comptroller and auditor general on public undertakings.
3. Examine whether the affairs of public undertakings are being managed in accordance with sound
business principles and prudent commercial practices.
4. It is supposed to submit a fresh report to the parliament regarding the performance of public
undertakings and their business efficiency.
Limitations of the Committee
1. Cannot discuss matters of government policies
2. Cannot discuss as well as matters of day-to-day administration.
3. Its recommendations are advisory and not binding on ministers
4. It cannot take up the examination of more than ten to twelve public undertakings in a year
Financial Committees assist by providing a platform for members to connect with domain experts and
government officials. For the sake of parliamentary democracy as well as financial democracy, it is vital to
strengthen them.
7(a). Judicial Review of suspension of MLA’s in legislative Assembly undermines the powers of a Speaker.
Critically Analyse.
Approach:
1. Analyse the powers of Speaker to suspend MLAs using relevant Articles and rules

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2. Give the reason as to why was Judicial Review necessitated
3. Conclude appropriately highlighting importance of Judicial Review in preventing unconstitutional acts
by Speaker

Rules of different State legislatures empowers the Speaker to suspend MLA’S as a disciplinary measure to
maintain decorum of the house and protect the privileges of Members and the House. Article 212 of the
constitution and rules of State Legislative Assembly state that Courts do not have jurisdiction to inquire into
proceedings of state legislature
Recently Supreme Court has set aside the one-year suspension of 12 MLA’S from Maharashtra Assembly.
Judicial Review was necessitated for the following reasons:
1. It is a short term or temporary measure for restoring order. Suspension for one year is observed as
unconstitutional ,illegal and irrational by the courts
2. Longer period of suspension amounts to punishing constituency as a whole constituency ,instead court
has emphasized on using inherent powers to expel the members rather than suspending for longer
duration
3. According to Article 190(4) if a member is absent from House for period of 60 days without permission,
the seat can be declared as vacant.
 Longer periods of suspension violates this article
4. Supreme Court observed that state could not create a constitutional void, a hiatus situation.
5. Judicial Review constitutes part of Basic Structure of Constitution, thus Judiciary can intervene in case of
unconstitutional act committed by the speaker.
The Speaker in the State legislature shall be non-political in nature during his/her term of office. Even
when the Speaker is the final authority in the State Legislature, it shall be within the guidelines of the
Constitution. Longer suspensions goes against the spirit of Constitution and hence Judiciary as a
guarantor of the Constitution must involve through Judicial review to restore the normalcy

7(b). Explain about Collegium system and its evolution in Judicial Appointments. Enumerate its challenges in
ensuring transparency of the Judicial Appointments

Approach:

1. Recognise the keywords Explain & Enumerate in the question


2. Introduce about collegium system, how it evolved and what is criticism against it and mention what
changes to be made in the current system
3. Conclude by asserting independence of judiciary is primary but at same time it must be accountable
and transparent

Model Answer:
1. Collegium system is the way by which judges of the Supreme Court and High Courts are appointed and
transferred i.e. it allows Judges to appoint and transfer themselves. The collegium system is not rooted in
the Constitution or a specific law promulgated by Parliament, it has evolved through judgments of the
Supreme Court.
2. Supreme Court collegium consists of Chief Justice of India and four other senior most judges where as
High Court collegium consists of CJ and 2 other senior most judges. Names that are recommended by a
High Court collegium reaches the government only after approval by Supreme Court Collegium
3. The government can also raise objections and seek clarifications regarding the collegium’s choices, but if
the collegium reiterates the same names, the government is bound, under Constitution Bench judgments,
to appoint them as judges.
Evolution of Collegium system:
1. The collegium system evolved out of a series of judgments of the SC that are called the “Judges Cases”.
2. First Judges case (1981) - Supreme Court held that the term “consultation” used in Articles 124 and 217
did not mean “concurrence”. So it gave primacy to executive.

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3. Second Judges case (1993) - overturned the earlier judgement and devised a specific procedure called the
‘Collegium System’ for the appointment and transfer of judges in the higher judiciary. It accorded primacy
to the CJI in matters of appointment and transfers, and ruled that the term “consultation” means
“concurrence”
4. Third Judges case (1998) - The court expanded the collegium to a 5 member body (earlier 3 member) to
include the CJI and the four senior-most judges of the court after the CJI. It was also held that even if two
judges gave an adverse opinion, the CJI should not send the recommendation to the government. Detailed
procedure is enshrined in memorandum of procedure(1999)
5. Fourth Judges case (2015) - Declared NJAC Act unconstitutional as it encroached upon Judiciary’s
independence and undermined basic structure. So it upheld primacy of Collegium.
Challenges in Collegium system:
1. Non-Transparent- closed-door affair with no prescribed norms regarding eligibility criteria, or even the
selection procedure. There is no public knowledge of how and when a collegium meets, and how it takes
its decisions. There are no official minutes of collegium proceedings.
2. No Accountability- Collegium is not accountable to any authority and lack of independent scrutiny of its
decisions.
3. Nepotism- Sons and nephews of previous judges or senior lawyers tend to be popular choices for judicial
roles.
4. Excessive emphasis on seniority and not given much importance to merit and competence in selection of
Judges.
5. Tussle between Executive, Judiciary lead to delays and slow pace of Judicial appointments and there are
huge no. of vacancies in HCs
Reforms:
1. Centre needs to act on collegium’s recommendations with in specific time frame
2. Consensus based new Memorandum of Procedure in which selection criteria, eligibility mentioned.
3. Permanent secretariat for Collegium and fixed schedules should be followed.
4. Minutes of collegium meetings must be disclosed
The basic tenet behind Collegium system is Judiciary should have primacy over Executive in appointments,
transfer of judges in order to remain independent. However, it must be in transparent and accountable way
only.
8(a). Seniority in the appointment of CJI may create unnecessary instability in the functioning of Judiciary and
undermines the merit. Comment

Approach:
1. Explain the current procedure for appointment of Chief Justice of India
2. Highlight the problems the associated with current procedure
3. Conclude by suggesting way forward

Memorandum of Procedure on appointment of Chief Justice of India has evolved over a time. As per the
Second Judges case of 1993, the senior most Judge is appointed as Chief Justice of India. In addition, Union
Law Minister seeks the recommendation of outgoing CJI for appointment of next CJI.

Issues in the current procedure:

1. CJI is master of Roaster of cases in Supreme Court. It may lead to lack of continuity in functioning if CJI
appointed has short tenure.For eg: Justice Narain had a tenure of only 17 days
2. The whole procedure of appointment is time consuming. The process has to be repeated again within
short span of time if the tenure is shorter
3. Seniority based appointment does not give fair chance to all the competent Judges suitable for highest
Judicial office
4. As seniority is the only criteria for appointment of CJI, it is taken for granted rather than competing for the
highest judicial office

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5. CJI is the Master of Roster in the allocation cases i.e. has the exclusive discretion to constitute benches
and allocate cases.
 Judges seeking to influence the procedure of allocation may develop conciliatory relationship with
senior most Judge in advance in lieu of favoritism in allocating cases.
 Chief Justice of India appointment without any precursor discussions can affect the stability and
continuity of the judicial administration
The current procedure of appointing Chief Justice of India requires changes to ensure stability and merit based
appointment. NJAC (99th Constitutional Amendment) of 2014 achieved this a bit but due to the involvement
of executive, the amendment was stricken off. To ensure independence and stability of the top judiciary,
Constitutional body like National Judicial Appointments Commission completely independent of executive can
ensure merit based appointments to office of Chief Justice of India

8(b). Analyze the role played by Judiciary in protecting right to freedom of religion and maintaining uniformity
in public places with specific reference to hijab issue in Karnataka.

Approach:
1. Recognise the keyword Analyse in the question
2. Introduce about hijab issue in Karnataka and about freedom of religion. Explain with examples how
judiciary in past protected freedom of religion by accommodating diverse beliefs and in some cases it
gave preference to community rights over individual rights.
3. Conclude by suggesting balancing option
Model Answer:
Karnataka government through an order prescribed students must follow strict dress code and banned hijab,
saffron scarfs etc. which display religious practices of students. It was issued to maintain uniformity in
schools and to cultivate scientific and secular outlook in students.
Article 25(1) of the Constitution guarantees the “freedom of conscience and the right to freely profess,
practise and propagate religion”. However, like all fundamental rights, the state can restrict the right on
grounds of public order, decency, morality, health and other state interests.
Karnataka HC uphold the government order by stating proscription on hijab in classrooms was a reasonable
restriction and concluded that hijab was not an essential religious practice in Islam.
Doctrine of essential religious practices test:
In 1954, SC held in the Shirur Mutt case that the term “religion” will cover all rituals and practices “integral”
to a religion. The test to determine what is integral is termed the “essential religious practices” test.
In several instances, the court has applied the test to keep certain practices out.
In a 2004 ruling, SC held that the Ananda Marga sect had no fundamental right to perform Tandava dance in
public streets, since it did not constitute an essential religious practice of the sect.
In 2016, SC upheld the discharge of a Muslim airman from the Indian Air Force for keeping a beard. The court
essentially held that keeping a beard was not an essential part of Islamic practices.
So the test, a judicial determination of religious practices, has often been criticised by legal experts as it
pushes the court to delve into theological spaces. It is better for the court to prohibit religious practices for
public order rather than determine what is so essential to a religion that it needs to be protected.
Therefore in hijab case also, instead of delving into whether it is part of essential religious practice or not,
judiciary should address uniformity in public spaces by giving importance to collective rights of an institution
rather than individual rights.
Past judgements, which accommodated religious beliefs:
1. In 1986, SC in the Bijoe Emmanuel case, allowed the claim of some students following the Jehovah’s
Witnesses faith to remain silent during the singing of the national anthem in their school in Kerala on
account of their religious belief, showing the path of understanding and tolerance, which may be termed
as ‘reasonable accommodation’.

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2. In hijab case also, since wearing hijab did not harm public order, decency, morality etc. , judiciary can
accommodate it as a right as girl children already facing so many obstacles in their path to get education.
Considering the fact that India is multi-diverse country and wearing different dresses, eating different foods
is part of everyday life, judiciary has to act in a way to provide reasonable accommodation to certain
harmless religious practices.
9(a). The criteria set by the Fifteenth Finance Commission to tie grants-in-aid to Rural Local Bodies with the
reforms undertaken is a step in the right direction to make the Rural Local Bodies accountable. Justify your
answer.
Approach:
1. Recognize the key word Justify and add substantiate with evidences
2. Introduction to 15th FC, Criteria & types of grants
3. Mention how Rural Local Bodies responsible for its allocated financial resources

Model Answer:
1. The Fifteenth Finance Commission was constituted under the ARTICLE 280 of the Constitution in
November 2017. It was constituted for the period 2021-22 to 2025-26.
2. The FC-XV has recommended Grants-in-aid of revenues of States for revenue deficit, Rural Local Bodies,
disaster management, sector-specific and certain state specific under Art 275 of the Constitution.
3. Grant-in-aid to rural local bodies constitute tied grants and untied Grants (Basic grants), which FC-XV
earmarked in 60:40 ratio respectively.
4. The Fifteenth Finance Commission (15th FC) has recommended a Rs 1.42-trillion tied grant to local rural
bodies and panchayats for the next five years (from 2021–22 to 2025–26).
Criteria for tied grants
1. 15th Finance Commission(FC-XV) recommended Tied grants are released to Rural Local Bodies (RLBs) on
the recommendations of the Department of Drinking Water & Sanitation for making improvements on
two critical services namely
 Sanitation and maintenance of open-defecation free (ODF) status
 Supply of drinking water, rainwater harvesting and water recycling.
2. Central govt releases Tied grants to rural local bodies based on fulfilling the following Conditions:
 Every village will have to draw up a five-year action plan for the same duration as the 15th FC’s period.
 Mandatorily prepare and make available online both provisional accounts of the previous year and
audited accounts of the year before previous.
 At least 25% of developmental works done in 2021-22 and 2022-23 should be uploaded in “eGram
Swaraj” and their audit accounts should be made available in an online portal.
 Rural Local Bodies shall upload development plans on eGramSwaraj containing details of Annual
Action Plan for Sanitation and Drinking Water Supply.
 Annual Action Plan for Sanitation shall include the status & maintenance of ODF
 Rural Local Bodies must also upload the details of utilization 15th F.C. funds on the website.
3. Due to Covid-19, the Rural Local Bodies have to especially focus on providing basic civic services and
ensure cleanliness.
4. Tied grants are meant to ensure the availability of additional funds to the Rural Local Bodies
5. However, FC-XV accounted for these additional funds by ensuring them to undertake reforms on a regular
basis.
Hence, the Finance Commission grants made local bodies financially self-reliant and ensured gram swaraj

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9(b). Discuss the challenges to fiscal federalism in the light of Goods and Service Tax regime and Covid-19
pandemic

Approach:
1. Explain fiscal federalism briefly
2. Challenges to it due to GST regime and its aggravation due to pandemic
3. Suggest measures to deal with it
Model Answer:
Fiscal federalism deals with division of fiscal powers as well as functions between multiple levels of federal
government .Constitutional distribution of fiscal powers in India reflects centralising tendency with more
financial powers with centre than states.
Goods and Service Tax regime was brought to unify Indirect tax administration where States lost their
independent taxation power for greater benefits of inter state trade. The implementation of GST captured the
spirit of federal cooperation as it was done on the basis of negotiations and consultation among Centre and
States
Despite the initial optimism about GST regime ,there are challenges posed to fiscal federalism post its
implementation ,which got further aggravated due to Covid pandemic such as:
1. Delay in GST compensation to States by Centre due to fiscal crunch during lock down period affecting the
states ability to handle pandemic
2. GST council : one third voting share in hands of centre,it is perceived to be dominated by centre
3. No parliamentary approval is needed for GST rates (upto cap of 20%) leading to unilateral changes in tax
by Executive .for eg : GST on handloom products and raw materials is being protested
4. GST is a destination-based tax which lead to erosion of revenue in producing states. While many states
have requested the extension of compensation period beyond five years , Centre has not yet approved
it
5. Decentralised and locally tailored interventions were required during pandemic however MPLADS scheme
was suspended and diverted to Consolidated fund of India
6. Exclusion of Chief Minister and state covid relief funds from Corporate Social Responsibility contributions
through a circular issued by Ministry of corporate affairs
7. Covid-19 strained the resources of the states ,though additional fiscal space was approved to states by
increasing borrowing limit (from 3% to 5% of GSDP) it was made conditional based on reforms taken by
states.
8. Terms of Reference for 15th Finance commission include to examine whether revenue deficit grants
should be provided to states and to recommend measures for controlling populist measures by states
reflects trends towards centralisation.
In order to promote Cooperative federalism, strains in Fiscal Federalism are considered as short term pain for
longer benefits with evolution of the regime. A more robust and consultative approach between centre and
states is needed to build trust and address the fault lines in fiscal federalism.
10(a). Examine the possibility of conducting simultaneous elections to Parliament and State Legislatures without
denting the federal spirit of the constitution.
Approach:
1. Definition of Simultaneous Elections
2. Federal features that support Simultaneous elections
3. Concerns over Simultaneous elections as a conclusion
Model Answer:
1. Simultaneous Elections is defined as structuring the Indian election cycle in a manner such that elections
to Lok Sabha and State Assemblies are synchronized together.
2. With some election or the other throughout the year, normal activities of the government come to a
standstill because of the code of conduct

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Implementation of Simultaneous elections does not alter the following provisions of the Indian constitution
which are federal in nature.
1. The Constitution of India has created a strong Central government; it has not made the state governments
weak and has not reduced them to the level of administrative agencies for the execution of policies of the
Central government.
2. Within their respective jurisdictions, the Centre and States are equal and sovereign. The states are in no
way dependent upon the Centre for their legislative or executive authority. The states and the Centre are
coequal in this matter.
3. The Supreme Court in its S.R Bommai judgement (1994) laid down federal characters of India, which does
not alter due to implementation of simultaneous elections.
4. It includes
 Territorial disputes between states
 Disputes between states over sharing of river waters
 The emergence of regional parties like TRS, YSRCP etc.,
 Assertion of autonomy by the states and their resistance to the interference from the Centre;
Concerns:
1. Article 83(2) and Article 172 of the Constitution requires that the Lok Sabha and State legislatures be in
existence for five years from the date of its first meeting, “unless dissolved earlier”. This makes it clear
that the constitution does not guarantee fixed terms to the Lok Sabha and State Assemblies. Simultaneous
elections are not possible without fixed tenure.
2. National political parties will be in a dominating position in case of simultaneous elections and regional
aspirations and demands will take back seat.
3. Over the years, Continuous elections have strengthened the roots of democracy in India. However,
Simultaneous elections with fixed tenure of five years curtail people’s right to express their confidence or
displeasure on the government.
4. Simultaneous elections will relegate local issues or issues of state importance to the background. This
completely ignores the diversity of the country.
Conclusion:
There are various ifs and buts before the idea of simultaneous elections may finally be implemented. The
Constitution may need to be amended. However, care should be taken, such that simultaneous elections
will not undermine federalism and diversity of the country.
10(b). Article 356 was hoped to be a dead letter of the constitution but it has become most controversial provision
Discuss in the light of SR Bommai case.
Approach:
1. Briefly explain Article 356 and grounds for it’s imposition.
2. Explain why it was hoped to be a dead letter.
3. Discuss the misuse of Article 356.
4. Conclude by stating guidelines from SR Bommai case by Supreme Court
Model Answer:
Article 356 of the Indian constitution empowers the centre to take over the state government on certain
grounds. Popularly known as president’s rule it authorize the President to assume both legislative and
executive power of state.
Grounds for Imposition:-
Article 355:- It shall be the duty of the Union to protect every state against external aggression and internal
disturbance (Article 355) and to ensure that government of every state is carried on in accordance with
provisions of the constitution when state fails to comply with or give effect to any direction from centre (
Article 365)
It was hoped to be a dead letter because:

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1. It is an extra ordinary device in the hands of centre.
2. It alters and infringes upon federal structure.
3. It goes against the people’s mandate by removing democratically elected state government .
4. Governor was assumed to be apolitical in nature
It has become controversial due to following reasons:
1. Since 1950 , President’s rule has been imposed more than 100 times according to sarkaria commission .
2. Imposition on arbitrary grounds for personal or political reasons.
3. As the expression break down of constitutional machinery is not defined it has been interpreted to serve
vested political interests.
4. Misuse of Article 365 as the expression directions from the centre are vague and unexplained .
5. Biased and distorted reports sent by governor leading to imposition of President’s Rule.
S.R Bommai vs Union of India
1. The land mark verdict held that president proclamation imposing president’s rule is subject to judicial
review.
2. President’s rule could be imposed only if approved by parliament. Until then legislative assembly can only
be suspended rather than dissolving it.
3. Confidence of legislature in state government to be tested on the floor of the house.
4. The court has the power to restore the suspended state government and revive the desolved assembly if
the grounds for imposition is found to be invalid and unconstitutional. Supreme Court in Nabam Rabia
Judgement has reinstated the dismissed government in Arunachal Pradesh .
5. The power under Article 356 to be used as exception rather than rule
The guidelines in SR Bommai case has worked as strong bulwark in protecting federalism and preventing the
arbitrary use of Article 356 by central government.

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