APPSC - Group-I - Mains-2024 - AG1WMT-3106 - Model Answers: WWW - Civiccentre.in

APPSC | Group-I | Mains-2024 | AG1WMT-3106 | Model Answers
1(a). Describe the process of acquiring citizenship in India and what are the implications of recent Citizenship
Amendment Act in India?
Syllabus Paper III: Section A: Indian Constitution and its salient features
Deviation of your Answer Demand of the Question
▪ Writing only about Citizenship in India and describing ▪ Describing India's citizenship acquisition process in
only features of recent Citizenship Amendment Act. detail and assessing the recent CAA's implications.
Introduction:
▪ India grants citizenship through various avenues enshrined in Articles 5-11 (Part II) of the Constitution.
Citizenship in India is primarily governed by the Citizenship Act of 1955, which has been amended several times
over the years. The act defines who is considered a citizen of India and under what circumstances citizenship
can be acquired, terminated, or lost. The Citizenship Amendment Act (CAA) of 2019 expedites citizenship for
persecuted minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) from Afghanistan, Pakistan, and Bangladesh,
but excludes Muslims.
Main Dimensions:
The Indian Citizenship Act, 1955 outlines five ways to acquire Indian citizenship:
By Birth:
▪ Pre-1987: Automatic citizenship for anyone born in India before July 1, 1987, irrespective of parent’s nationality
(except for illegal migrants).
▪ 1987-2004: Citizenship granted if at least one parent is an Indian citizen at the time of birth.
▪ Post-2004: Citizenship requires either parents to be Indian citizens or one parent to be a citizen and the other a
legal permanent resident (with some exceptions).
By Descent:
▪ A child born outside India after January 26, 1950 but before December 10, 1992 acquires citizenship if their
father was a citizen at the time of birth.
▪ A person who is born outside India after December 10, 1992, is considered a citizen of India if either his mother
or father holds citizenship at the time of his birth.
By Registration:
▪ Applicable to people of Indian origin who have resided in India for seven years before applying.
▪ Includes people with Indian ancestry residing outside India and spouses of Indian citizens with seven years of
ordinary residency.
▪ Minor children of Indian citizens can also acquire citizenship through registration.
By Naturalization:
▪ This is a discretionary process where the Indian government grants citizenship based on factors like good
character, intention to reside permanently in India, and renunciation of existing citizenship.
By Incorporation of Territory:
▪ When new territory is incorporated into India, residents may become citizens automatically.
The Citizenship Amendment Act (CAA), 2019:
▪ The CAA, passed in 2019, amends the Citizenship Act by creating a fast track for citizenship for undocumented
immigrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan,
Bangladesh, and Pakistan.
▪ These immigrants are eligible if they entered India on or before December 31, 2014, and have faced religious
persecution in their home countries.
▪ The CAA reduces the residency requirement for citizenship by naturalization from eleven years to five years for
these groups.
Implications of CAA:
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▪ Fast-Track Citizenship: The Act offers a faster track to citizenship for persecuted minorities from neighbouring
countries. This could benefit a specific group facing religious persecution.
▪ Exclusion and Discrimination: Critics argue that the CAA discriminates against Muslims, violating India's secular
constitution. This exclusion has triggered protests and raised concerns about religious minorities' rights.
▪ Impact on National Security: Opponents fear the CAA could encourage illegal immigration and pose a security
threat. However, the government maintains that the Act targets undocumented immigrants who fled religious
persecution.
▪ Strained Relations with Neighbouring Countries: The Act has strained relations with India's neighbours,
particularly Bangladesh, which worries it could fuel tensions with its Hindu minority population.
▪ National Register of Citizens (NRC) and potential disenfranchisement: The CAA's implementation is linked to
the proposed NRC, which aims to identify illegal immigrants. Critics fear this could lead to disenfranchisement
of a large number of people, particularly Muslims.
Conclusion:
▪ Acquiring Indian citizenship can be achieved through various routes, each with its own requirements. The CAA
has introduced a new path for specific religious minorities but has also generated significant debate about its
compatibility with India's secular principles and its impact on national security and social harmony. The Supreme
Court's verdict on the CAA's legality will have a definitive impact on this evolving aspect of Indian citizenship.
In News Citizenship Amendment Act: SC asks Centre, Assam Government to respond to latest petition
calling CAA rules 'anti-constitutional'
1 (b). Discuss the status of Right to be Forgotten in India
Syllabus Paper III: Section A: Indian Constitution and its salient features
▪ Writing only about Right to be Forgotten in India ▪ Discuss in detail the right to be forgotten with
relevant articles and its Status in India.
Introduction:
▪ The Right to be Forgotten (RBF) is indeed a crucial aspect of the right to privacy in India, which is enshrined
under Article 21 of the Indian Constitution. While it's still in the process of development, its significance is
increasingly recognized, especially in the digital age. According to a report by the Indian Institute of Technology
(IIT) Kharagpur, over 50% of internet users in India are concerned about their online privacy, indicating a growing
need for mechanisms like the RBF to protect personal data.
Dimensions:
Understanding the Right to be Forgotten
▪ The RBF grants individuals the right to request the deletion of their personal data from search engines and other
online platforms. This right is particularly relevant in cases where the information:
• Is inaccurate, irrelevant, or outdated.
• Has been processed unlawfully.
• No longer serves the legitimate purposes for which it was collected.
▪ The RBF fosters a balance between the right to privacy and freedom of expression. It allows individuals to move
on from past mistakes or events that no longer define them and prevents information from perpetually
hindering their future prospects.
Status of RBF in India
▪ Judicial Precedents: The Karnataka High Court in 2017, in the case of Sri Vasanathan vs The Registrar General,
recognized the RBF as an extension of the right to privacy inherent in Article 21 of the Indian Constitution. This

landmark judgment acknowledged the right of individuals to control their personal data and seek its erasure
under certain circumstances.
▪ The Personal Data Protection Bill, 2019: This bill, introduced in the Lok Sabha, recognizes the right to erasure,
which aligns with the principles of the RBF. The bill lays down provisions for individuals to request data
controllers to erase their personal data, subject to certain exceptions. However, the bill is yet to be passed into
law.
▪ Arguments for a codified RBF: According to a policy brief by the National Institute of Public Finance and Policy
(NIPFP), codifying the RBF would address concerns regarding its enforceability and clarity. It would provide clear
guidelines for individuals and data controllers, thus enhancing data privacy in India.
▪ Challenges to a codified RBF: Opponents raise concerns about the potential conflict with the right to freedom
of speech and expression enshrined in Article 19(1) (a) of the Constitution. They argue that the RBF could be
misused to suppress legitimate information or historical records. Striking a balance between these competing
rights remains a key challenge.
Conclusion
▪ The RBF is a dynamic concept evolving alongside the digital age. While India lacks a specific law, judicial
pronouncements and the proposed Personal Data Protection Bill suggest a growing recognition of this right. As
India navigates the complexities of data privacy, finding a balanced approach that respects both the RBF and
freedom of expression will be crucial.
In News Is The ‘Right To Be Forgotten’ a Fundamental Right?
2 (a). Analyse the socio-economic consequences of frequent internet shutdowns in India upon national security
concerns.
Syllabus Paper III: Section A: Functions and duties of the Indian Union
▪ Listing only socio-economic consequences of ▪ Examine in detail the socio-economic impacts of
frequent internet shutdowns in India frequent internet shutdowns in India and address
the conflict between national security and freedom
of expression, focusing on internet access as a
fundamental right.
Introduction:
▪ India's growing digital landscape faces a significant challenge – frequent internet shutdowns. These
government-imposed restrictions, often justified by national security concerns, have severe socio-economic
consequences and raise critical questions about the balance between security and freedom of expression.
Dimensions:
Economic Losses and Disruptions
▪ Business Stalls: E-commerce platforms, online retailers, and gig workers heavily rely on internet connectivity.
Shutdowns disrupt transactions, deliveries, and communication, leading to substantial financial losses.
▪ Uneven Impact: Small and medium businesses (SMBs) are particularly vulnerable. Lacking resources to find
alternatives, they suffer disproportionately compared to larger corporations.
▪ Digital India Hampered: The government's "Digital India" initiative aims to create a digitally empowered society.
However, internet shutdowns undermine this goal by hindering online services and discouraging digital
adoption.
▪ The Ministry of Electronics and Information Technology (MeitY) reported that between 2012 and 2020, India
experienced large number of internet shutdowns, with Jammu and Kashmir being one of the most affected
regions.
Education Thwarted

▪ Learning Disrupted: The National Digital Library of India (NDLI) reported a significant decrease in student access
to online educational resources during internet shutdowns, impacting their learning outcomes and academic
performance.
▪ Limited Access to Information: Students lose access to a vast information repository crucial for research,
academic exploration, and skill development.
Social Fabric Unravelled
▪ Disruption of Communication: Internet shutdowns isolate individuals and communities, hindering
communication and coordination during critical times. Families separated by distance and businesses reliant on
online collaboration are significantly impacted.
▪ Erosion of Trust: Frequent shutdowns can create a sense of distrust towards the government. It fosters concerns
about transparency, accountability, and the right to access information.
National Security vs. Freedom of Expression
▪ Security Concerns: The government cites threats to public order, national security, and preventing the spread
of misinformation as justifications for internet shutdowns.
▪ Right to Freedom of Expression: The Indian Constitution guarantees freedom of speech and expression
enshrined in Article 19(1)(a). This right extends to the internet as a platform for communication and information
dissemination.
▪ Proportionality Principle: Restricting fundamental rights like freedom of expression requires justification on
grounds of public order or morality. The restrictions must be proportionate and the least restrictive means to
achieve the desired outcome.
▪ The landmark case of Anuradha Bhasin vs. Union of India, underscore the importance of balancing national
security concerns with the fundamental right to freedom of expression and emphasized the importance of
internet access as a fundamental right.
Possible Solutions:
▪ Targeted Shutdowns: Instead of blanket shutdowns, consider targeted restrictions on specific platforms or
content deemed harmful.
▪ Transparent Procedures: Develop well-defined guidelines for imposing internet shutdowns, ensuring
transparency and accountability in decision-making.
▪ Judicial Oversight: Establish robust judicial oversight mechanisms to review orders for shutdowns and ensure
they meet the legal test of proportionality.
Conclusion
▪ India's burgeoning digital economy and vibrant democracy require a balanced approach. Open communication
and access to information are vital for a healthy society. Finding a solution that prioritizes both security and
freedom will be crucial for India's future as a digital leader.
In News Supreme Court directs publication of final orders of panel reviewing ‘proportionality’ of
Internet suspensions in J&K
2 (b). Supreme Court’s view on the Maharashtra Speaker’s decision to recognize a faction of Shiva Sena as the
real political party based on legislative majority aims at empowering the anti-defection law. Comment
Syllabus Paper III: Section A: Parliament and State Legislatures- functioning
▪ Writing only about Supreme Court verdict on the ▪ Write about the Supreme Court's prima facie view
Maharashtra Speaker’s decision addressing split in a on the Maharashtra Speaker's recognition of a
party faction as the 'real' political party based on
legislative majority in the light of anti-defection law

and respond whether it has empowered anti-
defection law.
Introduction:
▪ The Supreme Court of India's recent prima facie view in the Maharashtra Assembly Speaker vs. Subhash Desai
case has sparked debate regarding the definition of a "political party" under the Tenth Schedule of the
Constitution. Supreme Court asked whether Maharashtra Speaker contradicted a Constitution Bench judgment
to bank on legislative majority as a criterion to declare Chief Minister Eknath Shinde’s faction as the real Shiv
Sena.
Anti-Defection Law: Curbing Defections and Ensuring Stability
▪ The Anti-Defection Law, enacted in 1985, aims to curb defections from political parties to promote stability in
legislatures. It prescribes disqualification of an MLA (Member of Legislative Assembly) who:
• Votes against the party whip on a motion of confidence or no-confidence.
• Defects to another party without a merger or split of the original party.
▪ This law discourages floor-crossing for personal gains, thereby strengthening the mandate of the electorate.
Political Tussle in Maharashtra:
▪ The Subhash Desai case arose from a political crisis in Maharashtra. A faction within the Shiv Sena party led by
Eknath Shinde claimed to be the new Shiv Sena Legislature Party (SSLP) and sought recognition from the
Speaker. The Speaker, Nawab Malik (from the opposing faction), however, did not decide on their claim.
▪ Further complicating the issue, a notice for removal of Speaker Malik was filed. This case raised questions
regarding the Speaker's power to decide on disqualification petitions when facing a removal notice.
Supreme Court's Judgment with respect to Speaker:
▪ Speaker's Power Upheld: The Court held that a pending removal notice against the Speaker wouldn't restrict
their power to decide on disqualification petitions under the Tenth Schedule. This empowers the Speaker to
continue functioning in their role, even amidst political turmoil.
▪ Reasonable Timeframe: The Court emphasized the need for the Speaker to decide on disqualification petitions
within a reasonable timeframe. This ensures a balance between allowing the Speaker due process and
preventing indefinite delays impacting the legislative process.
Supreme Court Constitutional Bench Judgement on this issue:
▪ A Constitution Bench headed by the Chief Justice Chandrachud in 2023 had made it clear that the Speaker should
not be swayed by the factor of legislative majority. The court was of the opinion that the structure of leadership
outside the Legislative Assembly is a consideration which is relevant to the determination of this issue.
Implications for Party Structure and Ideology
▪ The “real” party weakens the ideological core of political parties. Factions with temporary majorities could hijack
party symbols and identities, jeopardizing long-term ideological coherence.
▪ Weakening Internal Democracy: Factions could resort to strategic defections to gain the upper hand,
undermining established leadership selection processes and party discipline.
Implications for Anti-Defection Law (Tenth Schedule)
▪ Uncertainty in Disqualification Proceedings: If majority dictates the "real" party, expelling members based on
defying party whips might be challenged.
▪ Governor's Role in Floor Tests: Governor's decisions during political crises, relying solely on legislative strength
could lead to overlooking genuine grievances of a smaller faction with strong popular support.
Arguments in favour for Legislative Supremacy
▪ Reflecting People's Will: A faction with legislative majority arguably reflects the will of the electorate who
elected those MLAs. Recognizing them as the "real" party could ensure their policies are implemented.

▪ Practicality in Split Parties: In cases of genuine party splits, the majority faction might be better equipped to
govern effectively. A clear definition based on numbers could provide stability during such situations.
Impact on Political Landscape
▪ Reduced Speaker Bias: Upholding the Speaker's power during a removal notice could potentially reduce bias in
deciding disqualification petitions. However, concerns remain regarding potential misuse of power by a partisan
Speaker.
▪ Strengthening Anti-Defection Law: By ensuring timely decisions on disqualification petitions, the judgment
potentially strengthens the Anti-Defection Law's effectiveness.
Conclusion
▪ The Supreme Court's prima facie view on the Maharashtra Speaker's recognition of a faction as the 'real' political
party, based on legislative majority, has significant constitutional implications. It intersects with the anti-
defection law and the Speaker's role. A way forward could involve clearer guidelines for Speakers to ensure
impartiality, drawing from precedents like the Kihoto Hollohan case and recommendations from legal experts.
In News Shiv Sena row, Supreme Court asks whether Maharashtra Speaker contradicted verdict
3 (a). Examine the ‘One Nation, One Election’ initiative with respect to its potential to streamline administrative
processes and uphold the sanctity of electoral practices.
Syllabus Paper III: Section A: Issues and challenges pertaining to the Federal structure
▪ Writing only about features of One Nation One ▪ Mention about One Nation, One Election initiative's
Election capacity to streamline administrative processes and
maintain electoral integrity, detailing obstacles in
implementation
Introduction:
▪ The One Nation, One Election (ONOE) proposal in India aims to synchronize national Lok Sabha elections with
state assembly elections. This concept promises administrative benefits and improved electoral practices, but
also raises concerns.
Streamlining Administrative Processes:
Potential Benefits:
▪ Reduced Cost: ONOE could significantly reduce the financial burden on the government and the Election
Commission.
▪ Improved Efficiency: Streamlining election schedules would free up administrative bandwidth for other crucial
tasks.
▪ Minimized Disruption: The Model Code of Conduct (MCC), enforced during elections, restricts development
projects and policy decisions. ONOE could potentially minimize the duration of the MCC, ensuring smoother
implementation of government programs.
Upholding the Sanctity of Electoral Practices
Potential Advantages:
▪ Reduced Voter Apathy: Holding elections frequently can lead to voter fatigue. ONOE could increase voter
turnout by allowing voters to cast their ballots for both national and state representatives in one go.
▪ Focus on Issues: ONOE might shift the campaign focus from personality-driven politics to issue-based debates.
With multiple elections on their minds, voters may scrutinize parties' national and regional agendas more
critically.
▪ Fairer Playing Field: By minimizing the gap between elections, ONOE could potentially reduce the influence of
money power and short-term populist measures on voters' choices.

Challenges:
▪ Nationalization of Regional Issues: ONOE might lead to the nationalization of regional issues. Voters' concerns
specific to their states could get overshadowed by national narratives during the consolidated election
campaigns.
▪ Dominant Party Advantage: A strong national party might leverage its national dominance to influence voters'
choices in state elections as well. This could weaken regional parties and hinder a healthy multi-party
democracy.
▪ Logistical Challenges: Organizing simultaneous elections for such a vast and diverse country poses significant
logistical challenges. The ECI would need to manage an enormous number of polling stations, security personnel,
and other resources on a single day.
▪ Constitutional Amendments: The current Indian Constitution doesn't explicitly provide for simultaneous
elections. Amending the Constitution would be necessary, requiring a two-thirds majority in both houses of
Parliament and ratification by a majority of state legislatures. This could be a time-consuming and politically
charged process.
▪ Impact on Federalism: Holding simultaneous elections could overshadow regional issues and concerns. Smaller
regional parties may find it difficult to compete with national parties in a nationalized election campaign,
potentially undermining India's federal structure.
▪ By-Elections and Legislative Councils: Simultaneous elections might disrupt the process of by-elections and
elections to Legislative Councils. This could lead to temporary gaps in representation for certain constituencies
▪ Curtailing or Extending Terms: Aligning the terms of all state assemblies with the Lok Sabha might require
curtailing or extending the terms of some state governments. This could raise legal and political challenges
regarding the mandate received by the electorate.
Conclusion
▪ One Nation, One Election" should prioritize the interests of the citizens, uphold democratic values, and aim to
strengthen the electoral process without compromising the essence of India's pluralistic democracy.
In News One Nation One Election: what did the panel recommend?
3 (b). Analyse the impact of facility of home voting for the elderly and Persons with Disabilities in the Lok Sabha
elections, 2024.
Syllabus Paper III: Section A: Constitutional Authorities and their Role
▪ Lack of comparison, Superficial examination between ▪ Assessing the impact of raising the minimum age for
raising minimum age and democratic process senior citizens for postal voting on democratic
process
Introduction:
▪ Election Commission of India (ECI), for the first time in a Lok Sabha Election, has provided the facility of home
voting for the elderly and Persons with Disabilities in the 2024 Lok Sabha elections. Voters above 85 years of
age and Persons with Disabilities (PwDs) with 40% benchmark disability can avail the optional home voting
facility. The Conduct of Election Rules, 1961 was amended by the government for this process.
▪ Dimensions:
Impact on Electoral Participation:
▪ Increased Accessibility: By extending the option of home voting to those above 85 years of age, the Election
Commission of India has significantly increased accessibility for elderly voters. Many seniors face mobility
challenges that make it difficult for them to travel to polling stations. Offering the option to vote from home
removes this barrier, enabling more elderly citizens to participate in the electoral process.

▪ Inclusivity: This initiative promotes inclusivity by ensuring that even those with significant physical limitations,
such as individuals with disabilities, can exercise their right to vote. By extending the option to Persons with
Disabilities (PwDs) with a 40% benchmark disability, the Election Commission is recognizing and accommodating
the diverse needs of voters.
▪ Empowerment: Home voting empowers elderly and disabled voters by providing them with a means to engage
in the democratic process independently and without undue hardship. It reinforces the principle that every
citizen's voice matters, regardless of age or physical ability.
▪ Symbolic Importance: Beyond its practical benefits, home voting carries symbolic importance as a
representation of society's commitment to caring for its elderly and disabled citizens. It reflects a broader
societal value of empathy and inclusivity, which could potentially have ripple effects beyond the electoral realm.
Challenges:
▪ Ensuring Security: Maintaining the integrity and security of the voting process is paramount. The ECI must
implement robust mechanisms to prevent fraud, tampering, or coercion in the voting process conducted
remotely.
▪ Verification of Identity: Verifying the identity of voters remotely presents a challenge. The ECI needs to establish
reliable methods to authenticate voters' identities to prevent impersonation or unauthorized voting.
▪ Logistical Challenges: While the initiative enhances accessibility and inclusivity, implementing home voting on
a large scale poses logistical challenges. Identifying eligible voters, coordinating polling staff and security
personnel, and ensuring the secrecy of voting are all complex tasks.
▪ Equity and Inclusivity: Raising the age limit raises questions about equity and inclusivity in the electoral process.
It may be perceived as discriminatory towards senior citizens aged 80-84 who may face similar challenges as
those aged 85 and above.
▪ Privacy Concerns: Safeguarding the privacy of voters' choices is crucial. The ECI must ensure that remote voting
platforms adhere to stringent privacy standards and protect voters' personal information from unauthorized
access or misuse.
Conclusion
▪ By adopting a strategic and inclusive approach that prioritizes technology innovation, security, public education,
legal compliance, accessibility, and stakeholder collaboration, the "vote from home" facility can become a
valuable tool for enhancing electoral participation, democracy, and citizen engagement.
In News All about the vote-from-home facility in the Lok Sabha elections
4 (a). Describe the necessary steps for obtaining special category status for states, what are the benefits and
challenges associated with special category status for states?
▪ Writing only about special category status without ▪ Mention about steps for acquiring special category
mentioning ways of acquiring it status and write about benefits and challenges
associated with it
Introduction:
▪ In a significant move, the government of Bihar has taken a decisive step by passing a resolution urging the grant
of special category status (SCS) to the state. This resolution comes at a crucial juncture, underpinned by the
findings of the "Bihar Caste-based Survey”, 2022.
Dimensions:
Special Category Status:

▪ The special category status was introduced in 1969 on the recommendations of the Fifth Finance Commission
to benefit certain backward states having hilly terrains, strategic international borders, and economic and
infrastructural backwardness.
▪ There are 11 States at present which have been granted Special Category Status viz., Arunachal Pradesh, Assam,
Himachal Pradesh, Jammu & Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and
Uttarakhand.
Steps for acquiring Special Category Status:
▪ States must fulfil criteria such as hilly and difficult terrain, low population density, tribal population, and strategic
location along borders, economic and infrastructural backwardness, and non-viable state finances.
▪ States should make a formal request to the National Development Council, highlighting their eligibility and need
for special status.
▪ The National Development Council, comprising the Prime Minister, Union Ministers, Chief Ministers, and
members of the Planning Commission, evaluates the request and makes a decision.
▪ If approved, the state is granted Special Category Status, entitling it to preferential treatment and additional
assistance from the central government.
▪ The state government should ensure efficient utilization of funds and effective implementation of development
projects to address socio-economic disparities and promote overall development.
Benefits of obtaining Special Category Status:
▪ Preferential treatment in the form of central assistance and tax breaks.
▪ Access to additional funds for development projects.
▪ Assistance in overcoming inherent disadvantages such as hilly terrain, low population density, economic and
infrastructural backwardness.
▪ Recognition of unique challenges faced by these states and tailored support from the central government.
▪ Enhanced focus on addressing socio-economic disparities and promoting balanced regional development.
Challenges of obtaining Special Category Status:
▪ Criteria for eligibility may be subject to interpretation, leading to disputes over inclusion or exclusion.
▪ Dependency on central assistance could lead to complacency in state governments regarding resource
mobilization and fiscal discipline.
▪ Limited fiscal autonomy as states may have to adhere to certain conditions imposed by the central government.
▪ Need for continuous monitoring and evaluation to ensure effective utilization of funds and implementation of
development projects.
▪ Potential for political controversies and disputes among states competing for special status.
Conclusion
▪ It’s essential to recognize that the landscape has evolved since the recommendations of the 14 th Finance
Commission, which essentially phased out the concept of special category status. Bihar's move underscores
broader debates regarding fiscal federalism and the role of central assistance in addressing regional disparities.
In News Why is Bihar demanding the Special Category Status?
4 (b). Assess the impact of Governor’s decision to withhold assent to state legislature bills without giving reasons
on India's federal structure.
Syllabus Paper III: Section A: Role of Governor in States
▪ Lack of evidence or reasoning on constitutional crisis ▪ Mention the impacts and details about Governor’s
decision and how it can lead to constitutional crisis
Introduction:

▪ The recent petition by the Kerala government to the Supreme Court highlights concerns over Governors' actions
who have withheld assent to bills without providing reasons. Kerala argues that such actions violate the
constitutional principle of prompt reconsideration and amount to "manifestly arbitrary" behaviour,
undermining the authority of the elected legislature.
Dimensions:
▪ Constitutional Framework: The Indian Constitution provides for a federal structure where powers are divided
between the central government and the state governments. However, unlike federations like the United States,
India has a quasi-federal structure where the central government holds more authority. The President, as the
head of state, plays a crucial role in this structure.
▪ Power of the governor to withhold Assent: Article 200 of the Indian Constitution empowers the Governor of a
state to reserve any bill passed by the state legislature for the consideration of the President. Upon receiving
such a bill, the President may either assent to it, withhold assent, or return it for reconsideration. However, if
the President withholds assent without providing reasons, it could potentially lead to a constitutional crisis.
• Governor Arif Mohammad Khan's withholding of bills in Kerala without explanation underscores this issue.
This action raises concerns about the unchecked authority wielded by Governors, particularly when aligned
with the central government.
▪ Impact on India's Federal Structure: Withholding assent to state legislature bills without reasons undermines
the principles of federalism. It disrupts the balance of power between the central and state governments by
allowing the central authority (embodied by the President) to exert undue influence over state legislative
matters. Such actions could breed mistrust between the centre and the states and weaken the cooperative spirit
envisaged in India's federal structure.
• The standoff between Tamil Nadu and Governor Ravi over university appointments exemplifies how such
actions can strain intergovernmental relations and impede cooperative governance.
▪ Cooperative Federalism: Cooperative federalism refers to the collaboration between the central and state
governments in policymaking and governance. When the President unilaterally withholds assent to state bills,
it disrupts this cooperation. States may perceive such actions as encroachments on their autonomy and may
resist central policies, leading to friction and impeding effective governance.
• Instances where opposition-ruled states perceive Governors' actions as politically motivated, such as in
Kerala, Tamil Nadu, and Telangana, highlight the challenges to cooperative federalism posed by unchecked
gubernatorial power.
▪ Legal Ambiguity: Without providing reasons for withholding assent, there may be legal ambiguity regarding the
basis for the decision. This could lead to challenges in the courts and contribute to uncertainty in the
interpretation and application of constitutional provisions related to the Governor's role.
Conclusion
▪ The withholding of assent without reasons could lead to a constitutional crisis if it becomes a recurring issue. It
challenges the principles of democratic governance, rule of law, and separation of powers. It may necessitate
judicial intervention to clarify the constitutional provisions and uphold the sanctity of federalism.
In News Kerala govt goes to SC over Governor withholding assent to Bills: The issues and the law
5 (a). Analyse the challenges and potential benefits of decentralization in the Indian context. Suggest some
measures to strengthen Panchayati Raj Institutions (PRIs) for effective decentralization.
Syllabus Paper III: Section A: Rural and Urban Local Governance under 73rd and 74th Constitutional
Amendment

▪ Writing only about decentralisation in India without ▪ Properly mentioning challenges and potential
listing challenges and potential benefits benefits of decentralization w.r.t Panchayati raj
institutions and list out some measures to
strengthen them
Introduction:
▪ Decentralization in India, as mandated by the 73rd and 74th Constitutional amendments, aims to empower local
governance bodies such as Panchayati Raj Institutions (PRIs) and municipalities. Despite the constitutional
provisions, the ground reality presents numerous challenges to effective decentralization.
Dimensions:
Challenges of Decentralization:
▪ Discretion of State Governments: The Constitution leaves decentralization, including funding and functions,
entirely to the discretion of state governments. This lack of clarity hampers the decentralization process and
impedes its effectiveness.
▪ Lack of Compliance Mechanisms: There are no robust mechanisms to ensure state compliance with
constitutional provisions regarding decentralization. Many states have failed to fulfill requirements such as
appointing Gram Sabhas, Ward Committees, and District Planning Committees, indicating a disregard for the
decentralization agenda.
▪ Financial Dependence: PRIs often lack independent revenue sources, relying on state governments for funding.
Additionally, administrative capacity issues and resistance from interest groups hinder the imposition and
collection of local taxes and user charges.
▪ Role of Union Finance Commission: The Union Finance Commission's mandate to augment state funds for local
bodies does not extend to championing decentralization. This limits its ability to promote a comprehensive
decentralization agenda.
Potential Benefits of Decentralization:
▪ Enhanced Participatory Democracy: Decentralization empowers local communities, allowing them to actively
participate in decision-making processes. This leads to greater inclusivity and responsiveness in governance.
▪ Improved Service Delivery: Local governance bodies are better positioned to understand and address the
unique needs and preferences of their constituents, leading to more efficient and effective public service
delivery.
▪ Increased Accountability: By decentralizing power and decision-making authority, decentralization promotes
greater accountability among elected representatives and government officials at the local level.
▪ Fostering Socio-Economic Development: Decentralization can spur socio-economic development by promoting
local entrepreneurship, infrastructure development, and community-based initiatives tailored to local needs.
Suggestions to Strengthen PRIs:
▪ Clarity in Function Assignment: Clearly define the functions and responsibilities of PRIs to avoid ambiguity and
ensure effective governance at the grassroots level.
▪ Independent Financial Sources: Provide PRIs with independent revenue sources to reduce dependency on state
governments and enhance their financial autonomy.
▪ Enforcement Mechanisms: Establish robust enforcement mechanisms to ensure state compliance with
constitutional provisions related to decentralization, including the timely appointment of State Finance
Commissions and implementation of their recommendations.
▪ Advocacy for Decentralization: Intellectuals, civil society organizations, and the media should advocate for
decentralization and pressurize states to comply with constitutional provisions through public interest litigations
if necessary.

Conclusion
▪ Decentralization in India has vast potential for bolstering democracy and socio-economic development. Yet,
challenges like state government discretion and compliance issues must be tackled. Empowering PRIs through
clear function assignments, independent finances, and advocacy is key to unleashing decentralization's full
benefits.
5 (b). Assess the impact of decentralisation in Andhra Pradesh with respect to citizen participation in decision-
making processes.
Amendment
▪ Writing only about structure of decentralised ▪ Mentioning properly the impact of local governance
administration in Andhra Pradesh structures in Andhra Pradesh
Introduction:
▪ The 73rd and 74th Constitutional amendments provide a solid legal basis for citizen participation in Andhra
Pradesh's local governance structures. These amendments mandate the devolution of power and funds to
Panchayati Raj institutions, ensuring that they have the authority to make decisions related to sustainable
development initiatives.
Dimensions:
▪ Decentralization: Andhra Pradesh has implemented decentralization measures, such as the formation of Gram
Panchayats at the village level, Mandal Parishads at the intermediate level, and Zilla Parishads at the district
level.
• Gram Sabhas, held at the village level, are a testament to this decentralization. They provide platforms
where citizens can actively engage in discussions and decision-making processes regarding local issues,
including sustainable development initiatives.
▪ Empowerment: Local governance structures empower citizens by providing them with platforms to voice their
opinions, concerns, and suggestions regarding sustainable development initiatives.
• The reservation system for women, Scheduled Castes (SCs), and Scheduled Tribes (STs) in Panchayats
promotes inclusivity and ensures that marginalized groups have representation in decision-making
processes, further empowering citizens.
▪ Information dissemination: These structures play a crucial role in disseminating information about sustainable
development initiatives, their objectives, and their impact.
• Meeseva and village volunteer system ensures that citizens are well-informed and can actively contribute
to decision-making processes based on a comprehensive understanding of the issues at hand.
▪ Capacity building: Local governance structures often conduct capacity-building programs to enhance citizens'
understanding of sustainable development concepts, governance processes, and their roles and responsibilities
in decision-making.
• Dwakra group empowers women to actively participate in shaping sustainable development initiatives.
▪ Participatory budgeting: Some local governance structures in Andhra Pradesh have adopted participatory
budgeting mechanisms, wherein citizens are involved in allocating resources for sustainable development
projects.
• Gram Sabha promotes transparency, accountability, and citizen ownership of development initiatives.
▪ Feedback mechanisms: Local governance structures establish feedback mechanisms to solicit input from
citizens on the effectiveness of sustainable development initiatives.

• Spandana program enables continuous improvement and ensures that development efforts align with the
needs and priorities of the local community.
Some of the challenges are still persisting in local governance:
▪ Awareness Gap: Many citizens remain unaware of their rights and opportunities for participation.
▪ Exclusion of Marginalized Groups: Efforts must ensure equal participation, especially for marginalized
communities.
▪ Resource Constraints: Limited resources hinder effective implementation.
Conclusion
▪ Andhra Pradesh's local governance structures, mandated by the 73rd and 74th Constitutional amendments, have
laid a robust foundation for citizen participation in governance. However, challenges such as the awareness gap,
exclusion of marginalized groups, and resource constraints persist. Addressing these challenges will be crucial
in ensuring inclusive and effective local governance, thereby maximizing the potential for sustainable
development in Andhra Pradesh.
In News Swaminathan, who has died at 98, is renowned as the father of the green revolution in India,
for his introduction of high-yielding genetic varieties of rice and wheat. His work alongside
American agronomist Norman Borlaug led to the doubling of wheat yields in Pakistan and India
in the late 1960s.
6 (a). Examine the recent Supreme Court judgment in the case of High Court Bar Association Allahabad vs. State
of Uttar Pradesh, 2024 that overruled its previous decision setting a six-month time limit for vacating stay orders.
Syllabus Paper III: Section A: Judiciary in India — Structure and functions
▪ Writing only about the Supreme Court's recent ▪ Examine the recent Supreme Court ruling
decision which abolished the six-month time limit for overturning the six-month time limit for vacating
vacating stay orders. stay orders and discuss its impact
Introduction:
▪ The Supreme Court judgment in the case of High Court Bar Association Allahabad vs. State of Uttar Pradesh
(2024) has significant implications for the Indian judicial process and the delicate balance of powers among the
three branches of government. The issue at hand pertains to the time limit for vacating stay orders, which has
been a contentious matter in legal circles. It overturned its previous decision in Asian Resurfacing Ltd. vs. Central
Board of Excise & Customs (2018).
Dimensions:
Previous Decision (2018):
▪ The 2018 judgment established a six-month time limit on stay orders issued by High Courts and Civil Courts in
civil and criminal cases.
▪ The aim was to expedite trials by automatically vacating stay orders after six months, preventing indefinite
delays.
Examination of recent Judgment (2024):
▪ Object of Passing Interim Orders: The Court emphasized that interim orders serve a specific purpose - to
maintain the status quo during litigation. The automatic vacation of stay orders after six months may not always
align with the underlying objective of justice. Context matters, and each case must be evaluated individually.
▪ High Court’s Power to Vacate or Modify Interim Relief: The judgment reaffirms the High Court’s authority to
vacate or modify interim relief. Courts should exercise this power judiciously, considering the merits of each
case. The principle of natural justice and reasoned orders must guide such decisions.

▪ Article 142 of the Constitution: The Court clarified the scope of Article 142, which grants it discretionary powers.
While the Court can pass any order necessary for doing complete justice, it must exercise this authority
cautiously, especially concerning stay orders.
▪ Procedure for Passing Interim Orders: High Courts must adopt a consistent procedure while granting or vacating
interim stays. Clarity, transparency, and adherence to established norms are crucial.
Implications for the Judicial Process:
▪ Reduced Delays: By avoiding the automatic vacation of stays, the Court aims to prevent disruptions in ongoing
proceedings that could arise from sudden resumption of lower court actions.
▪ Enhanced Judicial Efficiency: Judges regain the authority to manage their caseloads more effectively by tailoring
stay orders to the specific requirements of each case.
▪ Potential for Abuse: There's a risk that parties seeking to stall proceedings might misuse stay orders without
proper justification. Courts will need to carefully scrutinize requests for stays to prevent misuse.
A Balancing Act
▪ The 2018 judgment could be seen as an instance of the judiciary dictating timelines for lower courts, potentially
infringing on their autonomy.
▪ The recent judgment, by restoring discretion to lower courts, strengthens the separation of powers principle.
Conclusion
▪ The Supreme Court's recent judgment on stay orders represents a recalibration of its approach. While
promoting judicial discretion, it also raises concerns about potential delays. Moving forward, collaborative
efforts between the judiciary and legislature are crucial to ensure a balance between protecting individual rights,
preventing unwarranted delays, and upholding the separation of powers principle.
In News Supreme Court rules against automatic vacation of stay orders of trial courts after six months
6 (b). Discuss the recent Supreme Court of India’s verdict that declared the electoral bond scheme
unconstitutional.
Syllabus Paper III: Section A: Judicial review
▪ Writing only about Supreme Court's verdict ▪ Mention the Supreme Court of India's recent ruling
invalidating the electoral bonds scheme on deeming the electoral bonds scheme
transparency in political funding and the electoral unconstitutional. Discuss its impact on political
procedure within the nation. funding transparency and the electoral process in
India.
Introduction:
▪ Electoral bonds are interest-free bearer bonds or money instruments that can be purchased by companies and
individuals in India from authorized branches of the State Bank of India (SBI). These bonds do not bear the name
of the donor and are effectively anonymous. The purchased bonds can be donated to a political party. The party
can then encash these bonds.
▪ The Supreme Court of India, in a unanimous decision, struck down the Electoral Bonds Scheme of 2017,
declaring it unconstitutional. This watershed moment has far-reaching implications for Indian democracy and
the electoral process.
Dimensions:
▪ Transparency in Political Funding: The electoral bonds scheme allowed anonymous donations to political
parties. By scrapping this scheme, the court aims to enhance transparency. Voters have a fundamental right to
know the source of funds accepted by political parties. This knowledge is crucial for voters to effectively exercise
their freedom to vote.

• According to the Association for Democratic Reforms, in the financial year 2019-2020, political parties
received over Rs.3600 crore through electoral bonds.
▪ Freedom of Speech and Expression: The court found that the scheme violated the right to information of
citizens, impacting free speech and expression under Article 19 (1) (a) of the Constitution. Transparency in
political funding cannot be achieved by granting absolute exemptions.
▪ Aid to the Ruling Party: The Supreme Court observed that the electoral scheme would favour the political party
in power. By allowing anonymous donations, the scheme could potentially benefit the ruling party
disproportionately.
▪ State Bank of India’s Role: The State Bank of India (SBI), which issued electoral bonds, has been ordered to
furnish details of political parties that received electoral bonds since 2019 to the Election Commission of India
(ECI). The ECI will publish these details on its official website. This move aims to enhance transparency in political
funding. Data from the Reserve Bank of India (RBI) shows that the SBI issued electoral bonds worth billions of
rupees since the inception of the scheme.
▪ Quashing Amendments: The Supreme Court also quashed amendments made to the Income Tax Act and the
Representation of People Act, which had made the donations anonymous. This decision reinforces the
importance of transparency in political financing.
▪ Impact on Corporate Political Funding: The judgment also questioned the unlimited corporate funding
permitted by the scheme. The amendment to Section 182 (1) of the Companies Act, which facilitated such
contributions, was deemed arbitrary and violative of the principle of free and fair elections.
• According to data from the Ministry of Corporate Affairs, corporate donations to political parties surged
after the introduction of electoral bonds, raising concerns about undue influence
Conclusion
▪ The Supreme Court’s verdict on electoral bonds is a significant step toward enhancing political funding
transparency. It ensures that citizens’ right to information prevails over secrecy, and corporate influence does
not subvert the democratic process. As India moves forward, this decision will shape the contours of political
financing and strengthen the foundations of our electoral system.
In News Supreme Court declares electoral bonds scheme unconstitutional
7 (a). Critically examine the implications of centre imposing limits on state’s borrowing powers on state autonomy
within the Indian union.
▪ Writing only about the borrowing limits and how ▪ Critically examine the impact of central restrictions
centre can impose these restrictions on states. on state borrowing on fiscal federalism and state
autonomy within the Indian union, considering
implications for fiscal policy flexibility and
intergovernmental relations.
Introduction:
▪ Centre imposes limits on states' borrowing powers through the mechanism of Net Borrowing Ceiling (NBC). The
15th Finance Commission set the Net Borrowing Ceiling for states at 3% of the Gross State Domestic Product
(GSDP) for the 2023-24 financial year. The recent dispute between the Kerala government and the central
government revolves around state borrowing limits.
Dimensions:
Arguments for Centre-Imposed Borrowing Limits:

▪ Macroeconomic Stability: Uncontrolled state borrowing may lead to fiscal indiscipline, escalating the national
debt burden and impeding economic growth. Imposing borrowing limits ensures responsible borrowing,
averting potential adverse effects on the national economy.
▪ Financial Discipline: Imposing borrowing limits incentivizes states to improve their revenue collection and
prioritize expenditure. This encourages prudent financial management and discourages states from relying
solely on borrowing to meet their needs.
▪ Maintaining Creditworthiness: The Centre acts as a guarantor for some state borrowings. By controlling
borrowing limits, the Centre safeguards its own fiscal health and creditworthiness in the international market.
Uncontrolled state borrowing could potentially raise concerns among lenders regarding India's overall financial
stability.
Arguments against Centre-Imposed Borrowing Limits:
▪ Violation of Fiscal Autonomy: States, being closer to the ground, are better equipped to assess their
developmental needs and plan their finances accordingly. Borrowing limits restrict their ability to meet these
needs, hindering their development initiatives.
• During the COVID-19 pandemic, borrowing limits hindered states' ability to address urgent healthcare and
infrastructure needs.
▪ Discourages Investment: Borrowing can be a legitimate tool for financing infrastructure projects and social
welfare schemes. Limits on borrowing can hamper investment in these critical areas, impacting the state's
growth prospects and social well-being.
▪ Lack of Transparency and Flexibility: Disregarding the unique needs of each state can hinder a state's response
to emergencies or unexpected developmental projects.
▪ Unequal Impact: The impact of borrowing limits is uneven across states. Developed states with a larger tax base
may have more fiscal space compared to less developed states that require borrowing for essential services.
Limits imposed uniformly can disadvantage poorer states.
Finding a Balance:
▪ Clearer Criteria for Setting Limits: The Centre could establish transparent and objective criteria for setting
borrowing limits, taking into account a state's development stage, fiscal health, and debt-to-GDP ratio.
▪ Greater Autonomy with Accountability: States could be granted greater autonomy in borrowing, but with clear
accountability mechanisms. Performance-based incentives could be linked to prudent borrowing and
responsible fiscal management.
▪ Strengthening Fiscal Institutions: Strengthening institutions like the Finance Commission could play a crucial
role in mediating between the Centre and States. The Commission could recommend differentiated borrowing
limits based on individual state needs.
Conclusion
▪ While Centre-imposed borrowing limits aim to ensure fiscal discipline and macroeconomic stability, they must
be balanced with the need to respect states' fiscal autonomy. Establishing clearer criteria, granting greater
autonomy with accountability, and strengthening fiscal institutions are essential for fostering cooperative
federalism and ensuring sustainable economic growth.
In News SC refers to Constitution Bench Kerala suit against Centre’s shackles on States’ borrowing
powers
7 (b). Recently there was news regarding the demand for the inclusion of Ladakh in the Sixth Schedule of the
Indian Constitution. Analyse the potential benefits and challenges associated with such a move, considering the
region's unique socio-cultural and geopolitical dynamics.

▪ Writing only about the demand for inclusion of ▪ Analyse the impact of decision to include Ladakh in
Ladakh in sixth schedule without accessing the the Sixth Schedule of the Indian Constitution,
impact of the move acknowledging its distinct socio-cultural and
geopolitical identity.
Introduction:
▪ Ladakh, a high-altitude region in Jammu and Kashmir, has seen a growing demand for inclusion in the Sixth
Schedule of the Indian Constitution. The sixth schedule provides special provisions for administering tribal areas
in India, granting autonomy through Autonomous District Councils (ADCs) and Regional Councils (ARCs).
Dimensions:
Potential Benefits of Inclusion:
▪ Empowering the Tribal Population: Ladakh boasts a significant tribal population (around 95%). The Sixth
Schedule grants ADCs the power to make laws on matters like inheritance, land management, and social
customs. This could empower Ladakhi tribes to preserve their cultural identity and ensure equitable
development.
▪ Greater Control over Resources: Inclusion would allow Ladakhi bodies to regulate land, minerals, and tourism.
This could lead to more sustainable development practices, addressing concerns about environmental
degradation due to unplanned infrastructure and resource extraction.
• The Ladakh Vision Document 2050 emphasizes the need for responsible tourism and environmental
conservation, which could be facilitated through the autonomy granted by the Sixth Schedule.
▪ Addressing Local Needs: Currently, the Ladakh Autonomous Hill Development Council (LAHDC) has limited
powers. The Sixth Schedule could lead to a more responsive administration, allowing decisions on issues like
education, healthcare, and infrastructure to be made with a deeper understanding of local needs.
Challenges and Considerations:
▪ Interpretation of "Tribal": The Sixth Schedule is primarily meant for Northeast Indian tribal communities.
Ladakh's Buddhist and Muslim populations might not face the same level of marginalization as some Northeast
tribes, raising questions about the applicability of the Schedule in this context.
▪ Impact on National Security: Ladakh's strategic location necessitates a strong central presence. Excessive
autonomy could potentially impede national security initiatives, requiring careful negotiation of powers
between the central government and local bodies.
▪ Inter-community Harmony: Ladakh has a diverse population with Shia Muslims concentrated in Kargil. Granting
autonomy without addressing potential inter-community power dynamics could lead to tensions.
▪ Impact on Kashmir Issue: Ladakh's inclusion in the Sixth Schedule could be seen as a further step towards the
bifurcation of Jammu and Kashmir. This might complicate the ongoing Kashmir issue and raise concerns among
other stakeholders in the region.
Alternative Approaches
▪ Strengthening Existing Institutions: Empowering the LAHDC with greater financial and legislative autonomy
might address some concerns without resorting to the Sixth Schedule.
▪ Constitutional Amendments: Tailored amendments to the constitution, specific to Ladakh's needs, could
provide a more nuanced approach to granting autonomy. This would require careful consideration of the
region's unique socio-political landscape.
Conclusion
▪ Ladakh's unique socio-cultural and geopolitical context necessitates careful consideration of internal dynamics,
security concerns, and the potential impact on the larger Kashmir issue. Both central and regional authorities
should prioritize development initiatives in Ladakh, ensuring equitable distribution of resources and addressing

issues like infrastructure and economic diversification. A nuanced approach, considering Ladakh’s unique
context, is necessary to ensure a harmonious transition.
In News Ladakh, Article 371, and the Sixth Schedule of the Constitution
8 (a). The provisions of Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) can be leveraged to ensure
the empowerment and self-governance of Scheduled Tribes (ST) communities within their traditional habitats.
Examine.
Amendment
▪ Limiting answer to features of PESA ▪ Discussing the significance of PESA Act, suggest
ways to empower and enable self-governance for
these communities within their traditional
territories.
Introduction:
▪ The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), enacted in 1996, extends the Panchayati Raj
system to Scheduled Areas, which are regions with a significant tribal population. The Act recognizes the Gram
Sabha, the village assembly, as the foundation of self-governance.
Dimensions:
Here's how PESA empowers tribal communities:
▪ Gram Sabha as Focal Point: PESA vests power in the Gram Sabha for planning and implementing development
projects, managing natural resources like forests and water bodies, and regulating activities within the village.
This strengthens traditional decision-making structures and promotes community participation.
▪ Protection of Rights: PESA safeguards the customary rights of tribal communities over land, minerals, and other
resources. This prevents exploitation by external forces and fosters sustainable development practices.
▪ Decentralization of Power: PESA mandates the devolution of power from higher-level Panchayats to the Gram
Sabha. This ensures decisions are made at the grassroots level, catering to the specific needs of the community.
Leveraging PESA for PVTG Empowerment
▪ The inclusion of Particularly Vulnerable Tribal Groups (PVTGs) in Odisha and Andhra Pradesh into the Scheduled
Tribes (ST) list by the Rajya Sabha opens avenues for leveraging PESA for their empowerment.
▪ Strengthening Gram Sabhas: Building capacity within Gram Sabhas, particularly regarding financial
management and project planning, will ensure effective utilization of resources allocated under PESA. Training
programs by the government and civil society organizations can bridge this gap.
▪ Customary Practices and Resource Management: PESA's recognition of customary rights allows PVTGs to
manage their resources based on traditional practices. This promotes ecological sustainability and protects their
unique lifestyles. Collaborative efforts are needed from the Forest Department and PVTGs to develop joint
forest management plans.
▪ Land Rights and Livelihood Development: PESA empowers Gram Sabhas to prevent alienation of tribal land.
This, coupled with schemes promoting traditional crafts and agriculture, can provide sustainable livelihoods for
PVTGs.
Challenges and the Way Forward
▪ Limited Awareness: Many PVTG communities, especially those residing in remote areas, might not be fully
aware of their rights under PESA. Information dissemination campaigns conducted in local languages are crucial.
▪ Bureaucratic Hurdles: Effective devolution of power from the state to Gram Sabhas often faces bureaucratic
delays. Streamlining administrative procedures is necessary to realize the potential of PESA.

▪ Capacity Building: Building the capacity of Gram Sabhas to handle financial management, planning, and conflict
resolution requires dedicated efforts. Collaboration between government agencies and NGOs can bridge this
gap.
Overcoming these challenges requires a multi-pronged approach:
▪ Sensitization and Capacity Building: State governments, in collaboration with tribal welfare departments and
civil society organizations, can conduct workshops and training programs to educate PVTGs about their rights
under PESA and equip Gram Sabhas with the necessary skills for self-governance.
▪ Monitoring and Evaluation: Regular monitoring of PESA implementation is essential to identify and address
bottlenecks. This can involve setting up grievance redressal mechanisms and conducting social audits.
▪ Financial Sustainability: Providing adequate financial resources to Gram Sabhas is critical for effective
implementation. The central government should allocate dedicated funds under PESA for the development of
PVTG communities.
▪ Exploitation and Encroachment: External forces continue to exploit PVTG land and resources. Ensuring strong
enforcement mechanisms is crucial.
▪ Internal Conflicts: Resolving internal conflicts within PVTG communities, especially those related to leadership,
is essential for effective decision-making.
Conclusion
▪ PESA Act plays a crucial role in empowering tribal communities, protecting their rights, and promoting their
holistic development within the framework of decentralized governance and self-determination. It serves as a
legal instrument for ensuring social justice, equity, and inclusive growth in India's tribal regions.
In News Tribals stage protest calling for implementation of PESA Act 1996
8 (b). Analyse the impact of Nagaland's recent act retaining 33% reservation for women in Urban Local Body (ULB)
elections.
Amendment
▪ Writing only about provisions of reservation without ▪ Analyse Nagaland's recent retention of 33%
focus on relevance to Nagaland. reservation for women in ULB elections. Explore its
significance for gender equality and political
representation in local governance.
Introduction:
▪ The Nagaland Municipal Bill, 2023, marked a significant development by mandating 33% reservation for women
in Urban Local Body (ULB) elections. This legislation holds immense potential for promoting gender equality and
strengthening local governance representation in the state.
Dimensions:
Impact on Gender Equality:
▪ Increased Political Participation: The bill directly addresses the underrepresentation of women in Nagaland's
political sphere. By reserving seats, it creates a pathway for more women to enter local politics, fostering their
voices and leadership qualities. This increased participation can challenge traditional gender norms and inspire
future generations of women to pursue political careers.
▪ Empowerment and Decision-Making: With women constituting a significant portion of ULBs, their perspectives
and priorities gain prominence. Issues concerning women's health, education, sanitation, and childcare are likely
to receive greater attention, leading to more inclusive and equitable. This empowerment can have a ripple
effect, encouraging women at the grassroots level to actively engage in community development.

▪ Shifting Societal Attitudes: The visible presence of women in leadership positions can gradually alter societal
perceptions about gender roles. Seeing women effectively manage local affairs can dismantle stereotypes and
pave the way for a more progressive outlook on gender equality.
• Women were historically excluded from decision-making in Nagaland; thus, this bill will shift this societal
attitude.
Impact on Local Governance Representation:
▪ Enhanced Inclusiveness: ULBs are responsible for crucial aspects of urban life. With women comprising a
substantial segment of the population, their inclusion in decision-making processes ensures that policies and
initiatives are more representative of the community's needs and concerns. This fosters a sense of ownership
and participation among all residents.
▪ Improved Service Delivery: Studies have shown that women leaders often prioritize areas like education,
healthcare, and social welfare. Given these priorities, the Nagaland Municipal Bill can lead to a more holistic
approach to local governance, potentially improving the delivery of essential services to all sections of society.
▪ Effective Resource Allocation: Women are often adept at managing resources efficiently. Their presence in ULBs
can lead to more prudent budgeting and allocation of funds, particularly towards programs that benefit women
and children. This focus on targeted resource allocation can improve the overall effectiveness of local
governance.
Challenges and Way Forward:
▪ Capacity Building: Ensuring women have the necessary skills and training to navigate the complexities of local
governance is crucial. Capacity-building programs can equip them to handle administrative and financial matters
effectively.
▪ Social Resistance: Traditional societal structures may resist change. Addressing these concerns through
awareness campaigns and community engagement can help build a more supportive environment.
▪ Intra-gender Equity: The legislation should ensure representation from diverse sections of women within the
33% reservation. This can be achieved through mechanisms that encourage participation from marginalized
communities.
Conclusion
▪ The Nagaland Municipal act represents a significant step towards achieving gender equality and strengthening
local governance in the state. By increasing women's political participation and ensuring their voices are heard,
the act has the potential to create a more inclusive and equitable society. Addressing the accompanying
challenges will be crucial to ensure the successful implementation of the legislation and its long-term impact.
In News Nagaland Municipal Bill 2023 passed: Municipal Elections with 33% women quota to be
completed by April 30, 2024
9 (a). Examine the legal and constitutional provisions regarding remission in cases such as Bilkis Bano rape case.
Syllabus Paper III: Section A: Judicial Review
▪ Writing only about remission as a judicial power of ▪ Explain the legal and constitutional regulations
President and Governor without analysing the pertaining to remission in cases akin to Bilkis Bano's,
statutory provisions and judicial scrutiny. and analyse the equilibrium between executive
authority and judicial scrutiny in authorizing
remissions.
Introduction:
▪ Remission, in the context of Indian law, generally refers to the reduction of a sentence or penalty imposed upon
a convicted individual by a competent authority. The Bilkis Bano case highlighted the complexities involved

regarding remission. The brutal nature of the crime and the lack of consultation with the victim or her family
raised questions about the fairness of the remission decision.
Dimensions:
Constitutional and Statutory Provisions:
▪ The power to grant remission stems from the Constitution's Articles 72 and 161. Article 72 empowers the
President to grant pardons, reprieves, respites, remissions of punishment, or commute sentences in specific
cases, including those under central government laws, death sentences, and court-martial punishments.
Similarly, Article 161 grants Governors this power for offenses under state laws.
▪ The Code of Criminal Procedure (CrPC), 1973, further elaborates on remission through Section 432. It empowers
the state government to grant remission based on good conduct, exceptional circumstances, or following
established policy guidelines. However, it mandates consultation with the central government in specific cases.
• Based on this, the Gujarat government in 2022 granted remission to convicts, which was nullified by
Supreme Court in 2024.
Executive Discretion:
▪ Prerogative of Mercy: The executive’s power to grant remission is a constitutional prerogative. It allows for
individualized assessment of cases, considering factors like conduct, remorse, and rehabilitation.
▪ Policy Considerations: The executive can formulate policies to guide remission decisions. These policies balance
public interest, deterrence, and compassion.
▪ Political Influence: Executive discretion may be influenced by political considerations, which can impact the
consistency and fairness of remission decisions.
Judicial Oversight:
▪ Judicial Scrutiny: Courts play a crucial role in ensuring that remission decisions adhere to legal norms. They
review executive orders for procedural fairness and constitutional validity.
▪ Judicial Review: Courts assess whether remission decisions are arbitrary, discriminatory, or violate fundamental
rights.
▪ Checks and Balances: Judicial oversight prevents abuse of executive power and ensures transparency.
Challenges and the delicate Balance:
▪ The tension between executive discretion and judicial oversight is inherent. While the executive’s flexibility is
essential, it must not undermine justice.
▪ Guiding Principles: Courts have laid down principles (e.g., proportionality, non-arbitrariness) to guide remission
decisions.
▪ Case-by-Case Approach: Balancing discretion and oversight requires a nuanced, case-specific analysis.
▪ Victim-Centric Approach: Considering the rights and needs of survivors like Bilkis Bano is crucial.
Areas for Reform:
▪ Standardized Guidelines: The central government could formulate standardized guidelines for remission,
considering the nature of the crime, victim impact, and rehabilitation efforts. These guidelines would ensure
consistency across states and provide a framework for decision-making.
▪ Victim Consultation: A mandatory mechanism for consulting victims or their families before granting remission,
especially in heinous crimes, would promote a sense of justice and closure.
▪ Transparency and Review: A transparent review process, possibly involving a dedicated body, could assess the
rationale behind remission decisions and ensure adherence to established guidelines. This would enhance public
trust in the system.
Conclusion
▪ Remission serves a vital purpose in the criminal justice system, allowing for rehabilitation and promoting social
reintegration. However, ensuring a fair and balanced approach requires a delicate equilibrium between

executive discretion and judicial oversight. By implementing clear guidelines, victim consultation, and
transparent reviews, India can strengthen its remission framework and foster a more just and humane penal
system.
In News Bilkis Bano case, Supreme Court quashes early release of 11 lifers
9 (b). District Judiciary is the backbone of Judicial System in India which should be empowered. Comment
Syllabus Paper III: Section B: Judiciary in India — Structure and functions
▪ Writing only about integrated and independent ▪ Analysing the impact and significance of the recent
judicial structure and features of it. Supreme Court ruling reinforcing the independence
of district judiciary as a fundamental Constitutional
element within the Indian judicial system.
Introduction:
▪ The Indian justice system hinges on the principle of separation of powers, where the judiciary acts as an
independent check on the executive and legislature. A recent Supreme Court ruling has significantly bolstered
this principle by recognizing the independence of the district judiciary as a fundamental element of the
Constitution's basic structure. This landmark decision carries substantial weight for the future of Indian
jurisprudence, impacting various aspects of the judicial system.
Dimensions:
Significance of District Judiciary:
▪ The district judiciary forms the bedrock of the Indian judicial system. It handles the vast majority of cases, serving
as the first point of contact for citizens seeking justice.
• According to a PRS Legislative Research [PRS Legislative Research], district courts in India handle over 11
lakh cases daily, highlighting their critical role in ensuring access to justice.
▪ Autonomy and Financial Security: The Supreme Court's ruling emphasizes the need for financial independence
of the district judiciary. This encompasses control over budgetary allocations for infrastructure, staff salaries,
and operational expenses. Financial autonomy minimizes the executive's influence on judicial functioning and
fosters an environment where judges are free from pressures that might compromise their impartiality.
▪ Improved Workload Management: With greater control over resources, district courts can invest in
infrastructure, technology, and manpower, leading to faster case disposal rates. This, in turn, reduces pendency
and ensures timely access to justice for citizens.
▪ Enhanced Morale and Accountability: Financial security and a sense of autonomy can bolster the morale of
judicial officers in the district courts. This, as highlighted by the Vidhi Centre for Legal, can lead to a more
accountable and professional judiciary.
Implementation Challenges:
▪ Interference from Executive: The executive branch might resist relinquishing control over budgetary allocations
for the judiciary. Collaborative efforts between the judiciary and the government are crucial to ensure smooth
implementation.
▪ Intra-Judiciary Concerns: The ruling emphasizes a unified judiciary, suggesting a standardized approach to
district court functioning across the country. However, variations in regional caseloads and infrastructure might
necessitate a degree of flexibility.
▪ Accountability Mechanisms: Increased autonomy necessitates robust accountability mechanisms within the
judiciary. A transparent and fair system for addressing complaints against judicial officers is essential to maintain
public trust.
The Way Forward:

▪ Realizing the full potential of this landmark judgment requires a multi-pronged approach:
▪ Dialogue and Collaboration: The judiciary and the executive must engage in constructive dialogue to determine
a practical framework for financial autonomy. This could involve setting up a dedicated body for budgetary
allocation and resource management.
▪ Strengthening Infrastructure: Investment in infrastructure for district courts is vital. Modern courtrooms, e-
filing systems, and well-equipped legal aid facilities can significantly enhance the efficiency of the district
judiciary.
▪ Judicial Reforms: Continuous judicial reforms are necessary to address issues like workload management, case
backlog, and vacancies in the judiciary. Streamlining procedures and leveraging technology can significantly
improve case disposal rates.
Conclusion
▪ The Supreme Court's ruling on the independence of the district judiciary is a watershed moment for Indian
jurisprudence. By recognizing its fundamental role, the court has laid the groundwork for a more robust and
accessible justice system. However, translating this vision into reality requires a commitment from all
stakeholders – the judiciary, the executive, and the legal fraternity. Through collaborative efforts, India can build
a stronger foundation for its judicial system, ensuring timely and fair justice for all citizens.
In News Supreme Court terms district judiciary as 'backbone of the judicial system'
10 (a). How effective is ethics committee in enforcing accountability and ethical conduct among public
representatives?
▪ Writing only about ethics committee powers, ▪ Evaluating the effectiveness of ethics committees in
functions and responsibilities, its composition ensuring accountability and ethical conduct among
public representatives, focusing on recent 'cash-for-
query' investigations in the Lok Sabha.
Introduction:
▪ Ethics committees serve as critical bodies within parliamentary systems, tasked with overseeing the behaviour
of lawmakers and maintaining the integrity of democratic institutions. They play a crucial role in upholding
ethical conduct and fostering public trust in democratic institutions.
Dimensions:
Functions of Ethics Committees:
▪ Developing and Enforcing Codes of Conduct: Committees establish codes outlining ethical expectations for
members and can recommend sanctions for violations.
▪ Investigating Complaints: Committees receive and investigate complaints against members, gathering evidence
and determining appropriate action.
▪ Promoting Ethical Conduct: Committees can raise awareness about ethical principles and encourage adherence
to the code of conduct.
However, several limitations hinder the effectiveness of ethics committees:
▪ Political Partisanship: Committee members often belong to political parties, raising concerns about biased
investigations. This can be particularly problematic in close parliamentary margins, where political manoeuvring
might influence outcomes.
▪ Lack of Investigative Power: Committees often lack the resources and authority to conduct thorough
investigations. They might rely on information provided by accused members or external agencies, limiting their
ability to uncover wrongdoing.

▪ Confidentiality Concerns: Investigations by ethics committees are often shrouded in secrecy, hindering public
scrutiny and undermining public trust in the process.
▪ Limited Sanctions: The range of sanctions available to ethics committees might be limited, potentially rendering
them toothless deterrents against serious misconduct.
• These limitations were evident in the recent "cash-for-query" scandal.
Need for reforms to strengthen ethics committees in India:
▪ Independent Membership: Committees should have a significant proportion of independent members, not
solely representatives of political parties.
▪ Enhanced Investigative Powers: Granting committees the authority to compel witness testimony and access
relevant documents is crucial for conducting thorough investigations.
▪ Transparency in Proceedings: Increased transparency, including public hearings in certain cases, would bolster
public trust and accountability.
▪ Stronger Penalties: Establishing a wider range of sanctions, including suspension or expulsion from Parliament,
would send a stronger message about the consequences of unethical conduct.
Conclusion
▪ Ethics committees play a vital role in ensuring ethical conduct in public life. However, their effectiveness in India
is hampered by limitations. By adopting measures like independent membership, enhanced investigative
powers, increased transparency, and stronger penalties, ethics committees can be better equipped to enforce
accountability and promote ethical conduct among public representatives. This, in turn, will contribute to
restoring public trust in democratic institutions.
In News Mahua Moitra expelled from Lok Sabha; 5 takeaways from Ethics Committee report
10 (b). Analyse the recent Supreme Court ruling on Governors withholding repassed bills by highlighting the
constitutional role of Governors in the legislative process.
▪ Writing about discretionary powers of Governor ▪ Analyze the recent Supreme Court ruling on
without connecting it to recent Supreme Court Governors withholding repassed bills, emphasizing
verdict. their constitutional role in the legislative process.
Introduction:
▪ The recent Supreme Court observations in the Governor vs. State of Tamil Nadu case, 2023 shed light on the
often-murky relationship between Governors and State Legislatures in the legislative process. This analysis
will dissect the Court's stance, highlighting the Governor's constitutional role and the implications for both
executive and legislative powers.
Dimensions:
A Governor's Power: Discretion or Duty?
▪ Article 200 of the Indian Constitution outlines the Governor's role in assenting to bills passed by the State
Legislature, mandates the Governor to give assent "as soon as possible" when a bill is repassed by the
legislature.
▪ The Tamil Nadu case challenged the Governor's extended withholding of bills repassed by the Assembly. The
Supreme Court, questioned the Governor's broad discretion in such situations, emphasized that Article 200
offers limited options – assent, withholding with reasons, or returning for reconsideration. A blanket
withholding, especially after repassage, appears to contradict the spirit of the provision.
Implications for the Governor's Role:

▪ Reduced Discretion: The Court's stance seems to limit the Governor's discretionary power to withhold assent,
particularly for repassed bills. Governors may have less latitude to act as a check on the legislature, potentially
impacting the federal balance.
▪ Emphasis on Time-bound Action: The emphasis on "as soon as possible" underlines the Governor's duty to
act expeditiously. This ensures bills are not held hostage by prolonged indecision, potentially hindering
legislative efficacy.
▪ Focus on Reasoned Decision-making: If the Governor chooses to withhold assent, clear reasons become
paramount. This ensures transparency and allows the legislature to address potential concerns.
• These implications, however, raise concerns about potential partisan gridlock. Governors appointed by
the central government may be less inclined to readily assent to bills from opposition-ruled states. A clear
framework for addressing such situations might be necessary to maintain a healthy balance.
Implications for the Legislative Process
▪ Strengthened Legislature: A curtailed Governor's discretion strengthens the legislature's position. Bills duly
passed by the elected representatives have a higher chance of becoming law, potentially enhancing legislative
supremacy.
▪ Focus on Quality Legislation: The knowledge that repassed bills will likely be assented to might incentivize
legislatures to invest greater effort in crafting well-considered and constitutional legislation.
▪ Potential for Misuse: However, a legislature with an unfettered path to enacting laws could lead to hasty
legislation without proper scrutiny. A robust committee system and adherence to established legislative
procedures remain crucial.
▪ Finding the right balance between a strong legislature and a Governor acting as a safeguard against poorly
crafted laws is an ongoing challenge.
Conclusion: A Balancing Act
▪ The Supreme Court's observations on repassed bills highlight the delicate dance between a Governor's
constitutional duty and the legislature's supremacy. While a more constrained Governor's role might
streamline the legislative process, it also raises concerns about potential gridlock and legislative overreach.
Ultimately, a nuanced understanding of the Governor's role, coupled with responsible law-making practices
by legislatures, is essential for a healthy legislative ecosystem.
In News Tamil Nadu Governor’s indefinite holding back of Bills a matter of ‘serious concern’, says
Supreme Court
11(a). Explain the distribution of powers between India's central and state governments, exploring
constitutional provisions and judicial interpretations, addressing associated challenges and issues.
Syllabus Paper III: Section A: Distribution of powers between the Union and States (Union list, State
list and Concurrent list) — Issues and challenges
▪ Writing only about division of power in India by ▪ Explain India's federal structure, delving into the
explaining seventh schedule division of powers between the central and state
governments, referencing constitutional mandates
and court rulings, while scrutinizing challenges and
complexities.
Introduction:
▪ India's federal structure divides power between the central government (Union) and the state governments.
This intricate system, outlined in the Constitution's Seventh Schedule (Articles 245 to 255), fosters
cooperative governance while ensuring national unity.

Dimensions:
Constitutional Framework: Three Lists:
▪ The Seventh Schedule lays down three legislative lists:
▪ Union List (Article 246): This list contains 100 items encompassing subjects of national importance like
defense, foreign affairs, currency, and communication. The Union government has exclusive authority to
make laws on these matters.
▪ State List (Article 246): This list comprises 61 items dealing with subjects of regional significance like public
order, police, agriculture, and local government. State legislatures have exclusive power to legislate on these
matters.
▪ Concurrent List (Article 246): This list includes 47 items of common interest, such as education, forests, and
marriage. Both the Union and state governments can legislate on these subjects, but in case of a conflict, the
Union law prevails (Article 254).
▪ Residuary Powers (Article 248): The power to make laws on subjects not included in any list initially belonged
to the Union government.
Judicial Interpretations: Shaping the Balance
▪ The judiciary has played a crucial role in interpreting the division of powers. Landmark cases like Cooverji
Bhagat v. Bombay (1956) established the principle of "pith and substance" – a law's true character determines
which list it falls under. In State of West Bengal v. Union of India (1963), the court clarified that entries in the
Concurrent List can be exercised by both governments independently, as long as there's no conflict.
▪ However, instances of conflict persist. In State of Tamil Nadu v. Union of India (1996), the court had to decide
whether regulating cable television fell under the Union's power over interstate trade or the state's power
over entertainment. Such cases highlight the dynamic nature of the power-sharing arrangement.
Challenges and Issues:
▪ Overlapping Jurisdiction: The Concurrent List can lead to confusion and conflicting legislation. Resolving such
conflicts through judicial intervention is time-consuming and expensive.
▪ Central Encroachment: There's a perception that the Union government encroaches on state subjects. Issues
like central control over centrally sponsored schemes or environmental regulations raise concerns about
federal overreach.
▪ Uneven Development: The vast economic and infrastructural disparities between states necessitate central
intervention. However, this can be seen as undermining state autonomy.
▪ Dynamic Needs: New challenges like cybercrime and climate change may not be explicitly covered in the lists,
necessitating flexible interpretations.
Moving Forward: A Cooperative Approach
▪ Effective Inter-governmental Consultation: Mechanisms like the Inter-State Council can facilitate dialogue
and joint decision-making on matters of common interest.
• The NITI Aayog emphasized strengthening the Zonal Councils to address and resolve interstate disputes
effectively.
▪ Harmonious Legislation: The Sarkaria commission suggested the reorganization of the concurrent list by
placing certain subjects exclusively under the jurisdiction of either the Centre or the states.
▪ Empowering States: The Punchhi commission in 2007 advocated for more autonomy to the states, especially
in matters related to state legislation. It recommended giving states greater discretion and freedom to
legislate on matters of state interest.
Conclusion:

▪ India's division of powers is a work in progress. By acknowledging judicial interpretations, addressing
emerging challenges, and fostering a spirit of cooperation, this framework can continue to ensure a strong
and united India while respecting the autonomy of its states.
11(b). Describe the functions and duties of Indian states as outlined in the Constitution, analyse the challenges
faced by states in implementing these Constitutional responsibilities.
Syllabus Paper III: Section A: Functions and duties of the Indian Union and the State Governments
▪ Listing out the functions and duties of states ▪ Critically Evaluating the Indian states' constitutional
without addressing recent conflicts or roles, challenges like federal conflicts, and propose
constitutional nuances. solutions, explaining it with recent examples
wherever possible
Introduction:
▪ The Indian Constitution establishes a federal system, dividing powers between the Union (central)
government and the states. This division of functions and duties is outlined in the Seventh Schedule, with
three lists: Union List, State List, and Concurrent List.
Dimensions:
Key Functions and Duties of States:
▪ Maintaining Law and Order: States are primarily responsible for maintaining internal security and public
order within their territories (Entry 1, State List). This includes police forces, prisons, and disaster
management.
• The Delhi Police, operating under the Union Ministry of Home Affairs, often finds itself at the centre of
jurisdictional debates with the Delhi government, reflecting the complexities of law enforcement in a
union territory with a legislative assembly.
▪ Social and Economic Development: States play a crucial role in promoting social and economic welfare
through policies in areas like public health, sanitation, hospitals, education, agriculture, irrigation, and animal
husbandry (Entries 6, 11-12, 14-15, 17-21, State List).
• The Kerala model of development is often cited, where the state government has prioritized social welfare
schemes.
▪ Infrastructure Development: Building and maintaining roads, bridges, and other infrastructure within the
state falls under state jurisdiction (Entry 6, State List).
• The Mumbai-Pune Expressway is an instance of state-led infrastructure development
▪ Taxation: States have the power to levy taxes on various items like sales tax, excise duty on liquor, and taxes
on professions, trades, and employments (Entries 51-63, State List).
Challenges and Conflicts:
▪ Overlapping Jurisdiction: The Concurrent List creates ambiguity, leading to conflicts between the Centre and
states. For instance, both can legislate on forests and environment, causing friction. (Seventh Schedule, Indian
Constitution)
▪ Financial Dependence: States heavily rely on central funds for development projects. This can lead to the
Centre influencing state policies and hindering autonomy.
• States like West Bengal and Kerala have expressed concerns over the financial dependence on central
grants and the conditions attached to them, which they claim affect their fiscal autonomy.
▪ Uneven Development: Disparities in resource distribution and economic development across states create
tensions. Developed states may feel they contribute more financially without reaping equal benefits.

• States like Bihar and Uttar Pradesh have lagged in development indicators compared to more prosperous
states like Tamil Nadu and Maharashtra, leading to calls for more equitable resource distribution.
▪ Recent Centre-State Conflicts: The recent National Register of Citizens (NRC) implementation in Assam and
the Citizenship Amendment Act (CAA) protests showcased Centre-state clashes regarding national security
and citizenship rights.
Implications of these challenges:
▪ Hinders Effective Governance: Constant friction between the Centre and states can impede efficient policy
implementation and hinder progress.
▪ Weakens Cooperative Federalism: The spirit of cooperative federalism, where Centre and states work
together for national development, can be undermined.
▪ Discontent and Unequal Development: Uneven resource distribution and development can lead to
frustration and social unrest in less developed states.
• The GST compensation issue, where states were promised compensation for revenue loss due to the
implementation of GST, has been a point of contention, affecting the financial planning of states.
Possible Solutions:
▪ Strengthen Cooperative Federalism: The Sarkaria Commission (1988) recommended establishing better
coordination between the Centre and states to strengthen cooperative federalism. This could be achieved by
regular meetings of the Inter-State Council.
▪ Reviewing the Finance Commission: The Constitution Review Commission (2000) suggested the creation of
an independent regulatory body to manage transfers and grants to the states, ensuring equitable distribution
and reducing the fiscal dependence of states on the Centre.
▪ Clearer Delineation of Powers: Revisiting and clarifying the division of powers between the Centre and states
in the Seventh Schedule can minimize ambiguity and conflicts.
▪ Reducing Financial Dependence: Increase the state’s share in central taxes to enhance their financial
autonomy. Recommendations of the Finance Commission should be followed to ensure a fair distribution of
resources. There should be an emphasis on untied funds, reducing the need for states to seek permission for
fund usage.
▪ Promoting Equitable Development: Implement a needs-based formula for the distribution of central funds
to ensure that states receive allocations based on requirements. Reinvigorate planning commissions to
address disparities in development. The Gadgil formula could be revisited to determine resource allocation.
Conclusion:
▪ The Indian federal system empowers states to play a significant role in national development. Addressing the
challenges of overlapping jurisdiction, financial dependence, and uneven development is crucial to ensure
effective governance and a truly cooperative federal structure. Strengthening fiscal federalism, fostering
inter-state dialogue, and revisiting the division of powers can pave the way for a more harmonious and
successful federal India.
In News Karnataka CM Siddaramaiah, ministers protest in Delhi against Centre’s injustice in tax
devolution
12(a). Analyse the legal framework and jurisdiction of Nari Adalats in adjudicating women's rights and social
justice.
Syllabus Paper III: Section A: Judiciary in India — Structure and functions
▪ Writing only about operational scope and legal ▪ Analysing the legal framework and jurisdiction of
authority of Nari Adalats. Nari Adalats specifically in adjudicating women's

rights and social justice, while evaluating challenges
and opportunities for fair resolution
Introduction:
▪ Nari Adalat, translating to "Women's Court," is a novel initiative under Mission Shakti by the Ministry of
Women and Child Development (WCD) in India. It aims to empower women at the grassroots level by
providing an alternative grievance redressal mechanism for issues like harassment, violence, and violation of
entitlements.
Dimensions:
Legal Framework and Jurisdiction in adjudicating women’s rights and social justice:
▪ Specialized Approach:
• Legal Framework: The establishment and functioning of Nari Adalats are governed by the Legal Services
Authorities Act, 1987, and other relevant legal provisions. These specialized courts operate within the
legal system and are dedicated to addressing women's issues.
• Jurisdiction: Nari Adalats have jurisdiction over a wide range of cases related to women's rights, including
domestic violence, dowry harassment, sexual harassment, property rights, and discrimination. By
focusing solely on women's issues, they ensure a dedicated platform for addressing these specific
concerns.
▪ Accessibility and Empowerment:
• Legal Framework: The Legal Services Authorities Act, 1987, provides for the establishment of Legal
Services Authorities (LSAs) to provide free legal aid and promote justice for all, including women.
• Jurisdiction: Nari Adalats ensure accessibility and empowerment by providing women with a platform
where they can freely express themselves. The informal and accessible approach to legal proceedings
allows women to participate meaningfully in the adjudicatory process, empowering them to seek
redressal for their grievances.
▪ Combating Sexual Harassment:
• Legal Framework: Nari Adalats have the authority to handle cases of sexual harassment and exploitation
of women in workplaces, educational institutions, and public spaces.
• Jurisdiction: By adjudicating cases related to sexual harassment, Nari Adalats contribute to the prevention
of sexual violence and the promotion of safe and respectful environments for women.
▪ Ensuring Property Rights:
• Legal Framework: Nari Adalats have jurisdiction over cases related to women's property rights,
inheritance, and maintenance.
• Jurisdiction: By adjudicating cases related to property rights, Nari Adalats contribute to ensuring that
women have equal access to and control over property, thereby promoting economic empowerment and
gender equality.
Challenges in Ensuring Fair Resolution:
▪ Composition and Training: Nari Adalat members are women committed to social advocacy, but concerns exist
regarding their legal training and capacity to handle complex issues.
▪ Social Pressures: Rural societies often have strong social hierarchies and patriarchal norms. Women
approaching Nari Adalats might face social pressure or fear retaliation.
▪ Enforcement Power: Nari Adalats currently lack the authority to enforce their decisions. Collaboration with
formal legal systems is crucial for effective implementation.
Opportunities for Enhancing Nari Adalats

▪ Increased Awareness: Spreading awareness about Nari Adalats among rural communities can encourage
women to utilize this platform and empower them to claim their rights.
▪ Capacity Building: Providing legal training and capacity building programs for Nari Adalat members will
enhance their ability to handle complex cases and deliver fair judgments.
▪ Collaboration with Formal Systems: Establishing strong linkages with formal legal systems, like police and
courts, will ensure enforcement of Nari Adalat decisions and provide recourse for more serious offenses.
▪ Scaling Up: The pilot program's success can pave the way for a nationwide rollout of Nari Adalats, significantly
impacting women's access to justice in rural areas.
Conclusion
▪ Nari Adalats holds immense potential for empowering women in rural India by providing a culturally sensitive
and accessible forum to address their grievances. While challenges exist regarding jurisdiction, training, and
enforcement, addressing these issues through capacity building, collaboration, and increased awareness can
make Nari Adalats a powerful tool for promoting women's rights and social justice.
In News Nari Adalats for rural women, focus on creches for children
12(b). Discuss the significance of fifth schedule of Indian Constitution in protecting rights of Scheduled Tribes
in tribal areas.
▪ Writing only about fifth Schedule provisions and ▪ Discussing the significance of fifth Schedule in
features. safeguarding the rights of Scheduled Tribes in tribal
areas, focusing on constitutional provisions
protecting their autonomy, land rights, and cultural
heritage.
Introduction:
▪ India's Fifth Schedule, enshrined within the Constitution, holds significance for Scheduled Tribes (STs) residing
in designated "Scheduled Areas." This legal framework aims to protect their autonomy, land rights, and
cultural heritage, fostering their development within their traditional way of life.
Dimensions:
Significance of the Fifth Schedule:
▪ Recognition of Tribal Vulnerability: The Fifth Schedule acknowledges the historical marginalization and
exploitation faced by STs. It provides a legal framework to address these issues and promote their social and
economic development.
▪ Decentralized Governance: The Schedule empowers tribal communities through the establishment of Tribal
Advisory Councils (TACs). These councils advise the state governments on matters concerning the welfare and
development of STs.
▪ Protection from Exploitation: The Schedule empowers states to regulate the transfer of land and money
lending within Scheduled Areas. This safeguards STs from predatory practices and ensures they retain control
over their resources.
▪ Preservation of Cultural Identity: By recognizing the distinct customs and traditions of STs, the Schedule
promotes the preservation of their rich cultural heritage.
Protecting Land Rights:
▪ Curbing Land Alienation: Governor is empowered to regulate the transfer of land within Scheduled Areas.
This prevents STs from losing their land through exploitative practices and ensures they retain control over
their traditional territories.

▪ Regulated Land Allotment: The Governor can also regulate the allotment of land to STs within Scheduled
Areas. This ensures equitable distribution of land within the community and prevents outsiders from acquiring
land meant for STs.
Preserving Cultural Heritage:
▪ Respect for Customary Law: It preserves traditional knowledge systems, resource management practices,
and social structures that form the bedrock of tribal cultures.
▪ Indirect Protection: By promoting tribal self-governance and control over land resources, the Schedule
creates an environment where ST communities can continue their traditional way of life without undue
external interference.
▪ TAC as a Platform: The Tribes Advisory Council (TAC) provides a platform for tribal representatives to voice
their concerns regarding cultural preservation and advocate for measures to protect their heritage.
Challenges and Debates:
▪ Implementation Issues: There are concerns regarding the effective implementation of the Fifth Schedule
provisions. Bureaucratic hurdles, lack of awareness among tribal communities, and resource constraints can
hinder its effectiveness.
▪ Balance between Development and Protection: Finding a balance between development initiatives and the
protection of tribal rights is crucial. Infrastructure projects can be necessary for improved living standards,
but they should not come at the cost of displacing tribal communities or destroying their cultural heritage
Conclusion
▪ The Fifth Schedule remains a cornerstone of tribal rights protection in India. It empowers STs with a degree
of autonomy, safeguards their landholdings, and fosters the preservation of their cultural heritage. However,
continuous efforts are needed to strengthen the implementation of the Schedule and ensure its effectiveness
in addressing contemporary challenges faced by tribal communities.
In News What do the home lands of India’s ST communities look like?
13(a). How does the concept of zero FIR in Indian criminal law address jurisdictional challenges and ensure
timely justice delivery?
Syllabus Paper III: Section A: Judiciary in India- Structure and functions
▪ Explanation of Zero FIR and its procedure. ▪ Analyzing how the concept of zero FIR in Indian
criminal law addresses jurisdictional challenges and
ensures timely justice delivery.
Introduction:
▪ The Zero FIR in Indian criminal law allows victims of cognizable offenses to file a First Information Report (FIR)
at any police station, regardless of where the crime occurred, ensuring timely justice delivery and overcoming
jurisdictional challenges.
▪ It was established based on recommendations of the Justice Verma Committee post-2012 Nirbhaya case, it
aims to address victims' discouragement due to jurisdictional complexities.
Dimensions:
Overcoming Jurisdictional Bottlenecks:
▪ Traditionally, FIRs could only be filed at the police station with jurisdiction over the crime scene, causing
delays and hindering investigations.
Zero FIRs address these issues by:
▪ Prompt Action: Victims can report the crime at the nearest police station, eliminating the need to locate the
appropriate station, saving valuable time. This is especially crucial for time-sensitive offenses like sexual
assault or kidnapping.

▪ Preserving Evidence: By allowing immediate registration, Zero FIRs ensure evidence collection can begin
promptly, maximizing the chances of a successful investigation.
▪ Improved Victim Support: Zero FIR empowers victims and discourages police from turning away complaints
due to jurisdictional reasons. This fosters a more victim-centric approach to criminal justice.
Zero FIRs contribute to faster justice delivery by:
▪ Reduced Delays: Eliminating the need for jurisdictional determination by the initial police station expedites
the investigation process.
▪ Improved Morale: Prompt registration of FIRs fosters a sense of security and trust in the legal system among
victims, encouraging them to come forward.
Challenges and Limitations
▪ Misuse and Frivolous Complaints: The ease of filing Zero FIRs can be misused for revenge or filing false
complaints, placing an additional burden on the already strained police force.
• According to NCRB data, approximately 8% of Zero FIRs registered in 2023 were found to be false or
malicious.
▪ Investigation Challenges: Transferring the case to the appropriate police station can lead to delays in
investigation as officers familiarize themselves with the case details and local context.
▪ Police Resistance: Some police stations may be hesitant to register Zero FIRs due to additional workload or
jurisdictional complexities.
Enhancing the Efficacy of Zero FIRs:
▪ Police Training: Sensitizing police officers to the importance of Zero FIRs and equipping them with clear
guidelines for handling and transferring such cases will ensure smoother investigations.
• States like Maharashtra have introduced specialized training programs for police personnel to sensitize
them to the importance of Zero FIRs and equip them with the necessary skills to handle such cases
effectively.
▪ Improved Coordination: Strengthening inter-police station communication and protocols for case transfer
will streamline the investigation process.
▪ Public Awareness Campaigns: Educating the public about their rights and the proper use of Zero FIRs can help
prevent frivolous complaints and encourage genuine reporting.
▪ Standardized Online FIR System: Developing an online platform for registering Zero FIRs, with clear
instructions and user-friendly interfaces, can further enhance accessibility and convenience.
Conclusion:
▪ Zero FIRs are a positive development in Indian criminal law, empowering victims and expediting justice
delivery. Challenges, addressed through police training, improved coordination, and public awareness
campaigns, make Zero FIRs a powerful tool for ensuring timely and effective legal recourse. In states like
Kerala and Tamil Nadu, their implementation increased successfully prosecuted cases, indicating their positive
impact.
In News Manipur violence: What is a Zero FIR and why it is registered
13(b). Discuss the constitutional validity and implications of caste-based surveys, specifically in the context of
the 2024 Andhra Pradesh survey and significant ruling of Supreme Court in the Indra Sawhney case.
Syllabus Paper III: Section A: Functions and duties of the Indian Union and the State Governments

▪ Writing about Article 246 and Indra Sawhney case ▪ Discuss the Constitutional validity and
without comparing each other and with recent implications of caste surveys with reference to
Andhra Pradesh caste based survey Article 246, linking it with AP recent survey
Introduction:
▪ The caste-based survey falls within the ambit of state subjects as per Article 246 as it pertains to the collection
of data on the socioeconomic conditions of various caste groups within the state. Article 246 of the Indian
Constitution delineates the legislative powers between the Union and the States, while the landmark Indra
Sawhney case provides judicial guidance on the use of caste data for reservations.
▪ Andhra Pradesh conducted the caste-based survey in 2024 under Article 246, aims to collect socio-economic
data to inform policy decisions.
Dimensions:
Constitutional Validity:
▪ Caste-based surveys are constitutionally permissible when they serve the legitimate state objective of
promoting social justice and the welfare of backward classes, as outlined in Article 15(4) which authorizes the
collection of data to formulate targeted policies for the advancement of socially and educationally backward
classes.
Implications:
▪ Equity vs. Equality:
• While such surveys aim to address the needs of marginalized communities, there's a fine line between
ensuring equity and perpetuating caste-based inequalities.
▪ Political Representation:
• Accurate data on caste demographics can inform policies related to political representation, ensuring fair
representation of backward classes in electoral processes.
▪ Reservation Policies:
• The data collected from these surveys can inform the implementation of reservation policies, ensuring
that benefits reach the intended beneficiaries without diluting the concept of meritocracy.
▪ Social Cohesion:
• Caste-based surveys may inadvertently reinforce caste identities and divisions, potentially undermining
efforts towards social cohesion and integration.
▪ The Indra Sawhney ruling, often referred to as the Mandal Commission case, upheld the use of caste as an
indicator for backwardness and validated the 27% reservation for Other Backward Classes (OBCs) in central
government jobs, excluding the 'creamy layer’. It also set a cap of 50% on reservations, emphasizing that caste
can be a basis for affirmative action, provided it does not compromise the overall efficiency of administration.
Conclusion
▪ While caste-based surveys in Andhra Pradesh serve the purpose of identifying and addressing the needs of
backward classes, their constitutional validity must be assessed in light of promoting social justice and ensuring
equality. It is essential to strike a balance between affirmative action and the principles of merit and non-
discrimination, as outlined in the Indian Constitution and validated by judicial precedent like the Indra Sawhney
case
In News After Bihar, Andhra Pradesh government begins 10-day-long caste census
14(a). Evaluate the implications of utilizing the Money Bill route for contentious legislative changes.

▪ Discussing about Money Bill and its features ▪ Defining Money Bill, evaluation of implications of
utilizing the Money Bill route for contentious
legislative changes, suggestions to address these
implications
Introduction:
▪ Article 110 defines a Money Bill as one dealing with taxes, government borrowing, or expenditure from the
Consolidated Fund of India. Using this route for legislative changes impacts the democratic process and the
balance of power. Significant legislations like the Aadhaar Act, 2016, and the Finance Act, 2017, have been
passed through this route in the past seven years.
Implications:
Undermining Checks and Balances:
▪ By bypassing the scrutiny of the Rajya Sabha, the Money Bill route undermines the principle of checks and
balances within the parliamentary system.
• The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Lok Sabha as a Money Bill, bypassing the
Rajya Sabha.
Executive Dominance and Legislative Balance:
▪ This approach tilts the balance of power heavily in favour of the ruling party or coalition, particularly in cases
where it lacks a majority in the Rajya Sabha.
▪ By enabling the government to push through legislation despite opposition, the Money Bill route diminishes
the role of the legislature as a forum for meaningful discussion, compromise, and accountability.
Expansion of Executive Discretion:
▪ The use of the Money Bill route for non-fiscal matters expands the scope of executive discretion beyond the
intended constitutional boundaries. While Article 110 provides clear criteria for classifying a Bill as a Money
Bill, the broad interpretation of "incidental matters" has allowed for the inclusion of legislative changes
unrelated to taxation or financial appropriations.
Challenges to Judicial Oversight:
▪ The reliance on the Money Bill route for controversial legislation complicates the role of the judiciary as a
check on legislative overreach. While Article 110 (3) grants final authority to the Speaker of the Lok Sabha in
determining the classification of Bills, the judiciary's ability to review such decisions is crucial for upholding
constitutional principles and preventing abuse of power.
Erosion of Public Trust:
▪ The misuse of the Money Bill route for major policy changes without adequate debate and opposition input
erodes public trust in the democratic process. This approach fosters perceptions of authoritarianism and
undermines the legitimacy of government actions, potentially leading to disenchantment with democratic
institutions.
Suggestions:
▪ Strengthening Parliamentary Scrutiny: Establish a joint committee comprising members from both the Lok
Sabha and the Rajya Sabha to review and scrutinize all proposed Money Bills. This committee would ensure
that the legislative process remains robust and comprehensive.
▪ Reviewing the List of Money Bill Criteria: Revisit the criteria listed in Article 110 (1) to ensure they align with
contemporary needs. Consider adding new criteria or modifying existing ones.
▪ Transparency and Public Participation: Mandate public consultations and expert opinions before categorizing
a Bill as a Money Bill. Publish detailed justifications for such classification.

Conclusion
▪ The Money Bill route serves as a mechanism for expediting fiscal matters and budgetary decisions, its misuse
for non-fiscal purposes poses a threat to democratic norms and institutions. Upholding the integrity of
parliamentary democracy requires safeguarding the separation of powers, ensuring meaningful legislative
oversight, and upholding the principles of transparency and accountability in law making.
In News What are Money Bills and why are they the subject of a constitutional challenge?
14(b). Analyse the recent Supreme Court’s verdict on same-sex marriage with respect to the role of the judiciary
in interpreting constitutional rights.
Syllabus Paper III: Section A: Judicial Review
▪ Writing about the verdict and various fundamental ▪ Analysing the various aspects of Supreme Court’s
rights associated with it. recent verdict on same-sex marriage.
Introduction
▪ The recent Supreme Court verdict on same-sex marriage in India presents a complex situation. While
acknowledging the lack of a fundamental right to marry under the Constitution for same-sex couples, the
judgement also highlights the limitations of judicial power and calls for legislative action. This verdict has far-
reaching implications for the LGBTQIA+ community and the legal landscape surrounding marriage equality.
Dimensions:
Central Points of the Verdict:
▪ No Fundamental Right to Marry: The court, in a 5-0 decision, concluded that same-sex marriage isn't a
guaranteed right under the Constitution.
Parliament's Role:
▪ The court defers the decision on legalizing same-sex marriage to the legislative branch, urging Parliament to
formulate relevant laws.
Discrimination and Equal Rights:
▪ The verdict recognizes the discriminatory nature of not recognizing same-sex relationships, emphasizing the
right to form a "union" as highlighted by Chief Justice Chandrachud.
Critique of the Judgement:
Limited Judicial Activism:
▪ Critics argue that the court could have interpreted existing laws like the Special Marriage Act (SMA) more
inclusively to encompass same-sex couples.
Social vs. Constitutional Morality:
▪ The verdict prioritizes societal norms over the progressive and individual-centric approach sometimes taken
by the judiciary (e.g., Sabarimala Temple case).
Role of the Judiciary in Interpreting Rights:
Balancing Act:
▪ Ideally, the judiciary interprets the Constitution to uphold individual rights and keep pace with evolving
societal values.
Judicial Restraint vs. Activism:
▪ There's a constant tension between judicial restraint (deferring to legislature) and activism (interpreting rights
broadly). This case reflects judicial restraint.
The way forward:

Legislative Action:
▪ The verdict emphasizes the need for Parliament to enact laws specifically recognizing same-sex marriage and
granting equal rights to same-sex couples.
Continued Legal Advocacy:
▪ Legal challenges and public awareness campaigns can push for legislative change and social acceptance.
Conclusion
The Supreme Court's judgement on same-sex marriage, while falling short of legalizing it, opens a window for
legislative action and social discourse. It highlights the evolving role of the judiciary in interpreting rights within
the Indian legal framework.
In News Supreme Court’s same-sex marriage verdict acts as a formidable document upholding the
Indianness of homosexuality and gender queerness
15(a). What are the constitutional provisions related to the Eighth Schedule in the context of the recent Supreme
Court decision dismissing a Public Interest Litigation (PIL) seeking the inclusion of Rajasthani language? Highlight
the significance of including languages within the Eighth Schedule.
Syllabus Paper III: Section A: Public Interest Litigation
▪ Writing about features of eighth schedule and list of ▪ Discussing constitutional provisions regarding the
languages included in it. Eighth Schedule and the significance of including
languages within it, linking it to the recent
Supreme Court decision over a PIL of inclusion of
Rajasthani language.
Introduction
▪ The Supreme Court in Kanhaiya Lal Sethia & Anr vs Union of India & Anr, 1997 case stated that the inclusion
of Rajasthani as an official language in the Eighth Schedule is a policy decision of the Union, indicating it cannot
direct the Centre in this matter. The Eighth Schedule of the Constitution of India holds provisions regarding
the recognition of languages in the country.
Dimensions:
Constitutional provisions:
▪ The Constitutional provisions relating to the Eighth Schedule occur in article 344(1) and 351 of the Constitution.
▪ Article 344(1) provides for the constitution of a Commission by the President on expiration of five years from
the commencement of the Constitution and thereafter at the expiration of ten years from such
commencement, which shall consist of a Chairman and such other members representing the different
languages specified in the Eighth Schedule to make recommendations to the President for the progressive use
of Hindi for official purposes of the Union.
▪ Article 351 of the Constitution provides that it shall be the duty of the Union to promote the spread of the
Hindi language to develop it so that it may serve as a medium of expression for all the elements of the
composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the
forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth
Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily, on Sanskrit and
secondarily on other languages.
▪ It would thus appear that the Eighth Schedule was intended to promote the progressive use of Hindi and for
the enrichment and promotion of that language.

Significance of including languages in Eighth schedule:
▪ Official Recognition: It grants official status to the language, allowing its use in government communications,
official documents, and legislative proceedings within the state where it's spoken.
▪ Educational Opportunities: It encourages the use and development of the language in educational institutions.
This can lead to the creation of learning materials, promoting literacy and preserving cultural heritage.
▪ Cultural Significance: Inclusion acknowledges the language's cultural and historical importance. It fosters a
sense of identity and pride among speakers and helps preserve a rich linguistic heritage.
▪ Socio-Economic Benefits: It can have socio-economic benefits by creating job opportunities in translation and
interpretation services. Additionally, it can enhance access to information and technology for speakers of the
language.
Conclusion
▪ Given the dynamic nature of dialect and language evolution, which is shaped by socio-economic and political
developments, it is challenging to establish criteria for languages that would either set them apart from
dialects or qualify them for inclusion in the Eighth Schedule of the Indian Constitution. The government will
review the requests with consideration for these factors, as well as other factors like the evolution of dialects
into languages and the widespread use of a language.
In News PIL seeking inclusion of Rajasthani language in list of official languages rejected
15(b). List out the major recommendations that has to be addressed by 16th Finance Commission and what are
the challenges before the Commission in addressing these recommendations?
Syllabus Paper III: Section A: Constitutional Authorities and their Role
▪ Writing about Finance Commission, its composition ▪ Major recommendations and challenges that the
and features. 16th Finance Commission need to address during
its tenure
Introduction:
▪ In accordance with Article 280(1) of the Constitution, the Indian Government has formed the Sixteenth Finance
Commission with Dr. Arvind Panagariya appointed as its chairperson.
Dimensions:
Recommendations:
Equitable Division of Tax Proceeds:
▪ The Finance Commission should propose a formula under Chapter I, Part XII of the Constitution, allocating a
percentage of central taxes to each state. This may involve considering population size to determine each
state's share, ensuring larger states receive more tax revenue to meet their higher service delivery needs.
Principles for Grants-in-Aid:
▪ The Finance Commission can set criteria for providing grants-in-aid to states under Article 275, considering
their developmental needs and fiscal discipline.
• Recommending larger grants for states with lower per capita income or higher poverty rates to address
development disparities, linking grants to fiscal responsibility targets for prudent financial management.
Enhancing State Funds for Local Bodies:
▪ To enhance the Consolidated Fund of a State for supporting local bodies, the Finance Commission could
recommend devolving a certain percentage of state revenues directly to Panchayats and Municipalities.

• It may propose that a fixed portion of state tax revenue be allocated to local bodies based on their
population size or level of development. This direct transfer of funds would strengthen local governance
and empower grassroots institutions to address community needs effectively.
Evaluation of Disaster Management Financing:
▪ The commission may recommend measures to improve fund utilization, enhance risk assessment capabilities,
or strengthen coordination among central and state agencies for disaster preparedness and response.
• It could assess the adequacy of funds available in National Disaster Response Fund (NDRF) and State
Disaster Response Fund (SDRF) funds to respond to different types of disasters, such as floods, cyclones,
or earthquakes.
Challenges:
Balancing Interests:
▪ Achieving an equitable division of tax proceeds and grants-in-aid requires balancing the interests of the Union
and the States.
• States may push for a larger share of tax revenue to address fiscal needs, while the Union seeks to maintain
a sufficient revenue base for national priorities like defence and infrastructure development.
Fiscal Discipline:
▪ Encouraging fiscal discipline among states while providing grants-in-aid poses a challenge.
• Some states may prioritize short-term spending over long-term fiscal sustainability, leading to budget
deficits and debt accumulation.
▪ The Finance Commission must strike a balance between providing financial assistance to states in need and
incentivizing responsible fiscal behaviour to ensure sustainable economic growth.
Local Governance Strengthening:
▪ Strengthening local governance without compromising fiscal stability is challenging.
• For example, while providing additional funds to Panchayats and Municipalities can enhance service
delivery and citizen participation at the grassroots level, it may also strain state finances if not
accompanied by revenue-raising measures or fiscal reforms.
▪ Ensuring that local bodies utilize funds efficiently and transparently to deliver essential services poses another
challenge.
Disaster Resilience:
▪ Enhancing disaster resilience through improved financing mechanisms requires addressing various challenges.
▪ For instance, ensuring timely and adequate funding for disaster response and recovery efforts can be hindered
by bureaucratic delays or insufficient budgetary allocations.
▪ Additionally, coordinating disaster preparedness and response activities across multiple government agencies
and stakeholders poses coordination challenges.
▪ The Finance Commission must identify these obstacles and recommend measures to overcome them to
strengthen the country's resilience to natural disasters and emergencies.
Conclusion:
▪ Effective implementation of the Commission's recommendations, coupled with ongoing fiscal reforms, The
Sixteenth Finance Commission has a crucial role to play in strengthening India's fiscal federalism, ultimately
contributing to achieving the Sustainable Development Goals (SDGs).
In News Govt appoints four new members to 16th Finance Commission

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Deviation of your Answer Demand of the Question

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Syllabus Paper III: Section A: Parliament and State Legislatures- functioning

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Syllabus Paper III: Section A: Public Interest Litigation

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