MSP PYQs Discussion 1 (Part 2)

Sectional Test – 1 (Polity)

Syllabus topics and themes
 Introduction

• Article 39A (DPSP) mandates universal access to free legal aid, aiming
to establish a legal framework that upholds justice without regard to
social or economic distinctions.
• This constitutional provision led to the enactment of the Legal
Services Authorities Act, 1987, giving rise to the formation of the
National Legal Services Authority (NALSA).

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Eligibility for Free Legal Services

• Vulnerable groups like SC/ST, victims of trafficking or begar, women and
children, mentally ill or disabled persons etc.
• A person who is going through tough times, like being affected by a big disaster,
violence based on ethnicity or caste etc.
• Industrial Workmen
• Individuals in custody, including those in protective homes
• Individuals with an annual income less than the specified amount.

Role of National Legal Services Authority (NALSA) in rendering free legal aid in
India
• Expanding Reach and Accessibility: By establishing legal aid clinics, Lok Adalat’s
(People’s Courts), and legal awareness camps.
• Targeting Vulnerable Groups: like assistance to women in cases of domestic
violence during lockdown (National Legal Aid Helpline-15100), legal services for
transgender rights (NALSA Judgement).
• Alternative Dispute Resolution Mechanism: Organizing Mega Lok Adalats for
the amicable settlement of a significant number of cases.
• Awareness Campaigns and Education: For example: The “Legal Literacy Clubs”
in schools and colleges is to instil legal awareness among students.

Challenges faced by NALSA in ensuring Free Legal aid for all

• Resource Constraints and Budgetary Limitations
• Infrastructure & accessibility constraints
• Shortage of Qualified Legal Professionals
• Complexity of Legal Procedures
• Lack of Legal Awareness:
• In the case of Hossainara Khatun, Justice P.N. Bhagwati emphasized that a
majority of rural residents lack awareness of their legal rights, leading to
their exploitation and deprivation of entitled benefits.
• Social Stigma and Discrimination creating reluctance in approaching legal
authorities for assistance.
• Underutilization of Alternate Dispute Resolution (ADR) Mechanisms
 Conclusion

To address the challenges faced by NALSA, capacity building of professionals, promoting

Alternative Dispute Resolution methods like mediation and conciliation can expedite
the resolution process while reducing costs. Additionally, establishing, strengthening
and digitising State and District Legal Services Authorities at various levels can enhance
accessibility to justice. However, to optimise NALSA’s efforts, a collaborative effort
between government institutions and civil society is crucial, ensuring a more inclusive
and effective delivery of legal aid services to those in need.
Syllabus topics and themes
 Introduction

• Article 356 of the Constitution states that the President's Rule can be
imposed on any state of India on the grounds of the failure of the
constitutional machinery in that state. Since independence, it has been
used over 100 times.
• However, the application of Emergency has declined since the mid-
1990s.

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Legal factors which have led to reduced frequency of using Article 356:
• S.R. Bommai Case, 1994 which laid down specific guidelines for imposing PR
• subject to judicial review
• Vote of confidence on floor of house
• state legislative assembly should be dissolved only after the Parliament has
approved the presidential proclamation. Until such approval is given, the president
can only suspend the assembly.
• Uttrakhand case (2016) – state assembly revived for 1 day for vote of confidence on
floor of house. Finally, PR quashed by HC
• Arunachal Pradesh case (2016) – In Nabam Rebia judgement, SC restored previous
govt - unprecedented - judicial review used to restore previous govt when successor
govt in place. SC said the Governor’s actions were ‘illegal’.
• Rameshwar Prasad vs UOI case (2005): SC struck down the President’s Proclamation
dissolving the state Assembly of Bihar in 2005 as unconstitutional, and though it did not
restore the Assembly, it defined the contours of the Governor’s powers to dissolve the
Assembly.
• 44th Amendment Act of 1978 - put restraint on PR beyond 1 year. Conditions to be
fulfilled:
• a proclamation of National Emergency should be in operation in the whole of India,
or in the whole or any part of the state; and
• the Election Commission must certify that the general elections to the legislative
assembly of the concerned state cannot be held on account of difficulties.
• Institutional mechanisms like the Inter-state council, Niti Aayog governing council have
offered a platform to discuss matters on centre-state relations.

Political factors which have led to reduced frequency of using Article 356
• Presence of coalition governments at centre with their regional partners in states
• Similar party at the centre and state
• A more diverse and representative Rajya Sabha made it difficult for a single party to
gain the required majority to approve the imposition of President’s Rule.
• Active role of President like in 1997, President K.R. Narayanan returned the
recommendation to impose President’s rule in Uttar Pradesh.
 Conclusion

Thus, the reduced frequency of using Article 356 by Union Governments since
the mid-1990s can be attributed to a complex interplay of legal and political
factors. These factors reflect a growing commitment to federalism, constitutional
principles, and democratic norms in India’s evolving political landscape.
 Introduction
• The 101st Constitutional Amendment Act introduced the Goods and
Services Tax (GST), establishing a unified destination based taxation
regime across India.
• It has altered the financial relationship between the central
government and the states, leading to a more cooperative and
collaborative framework.
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Significance of 101st CAA
• Boost to economic integration and reduced taxation barriers- One nation
one market
• Improved Tax Collections based on the value-added mechanisms. – more
than Rs 2 lakh crore / month recently
• Enhanced Transparency through a technology-driven tax system reducing tax evasion.
• Self-policing mechanism of GST helps to check tax evasion and expand the tax net
• Rationalization of taxes: Currently, around 97.5% articles are covered by 18% or lower
GST slab
• Use of technology: All the operations ranging from front-end services of registration,
returns and payments to all taxpayers, as well as the backend IT modules for States that
include processing of returns, audits, assessments, appeals etc. have been digitalized.

Reflects the accommodative spirit of federalism

• The 101st CAA was unanimously passed by the states.
• GST Council was established as a federal body consisting of representatives from both
the Central and State governments.
• Consensus-based decision-making of the GST Council members.
• Addressing Regional Imbalances by acknowledging regional disparities and concerns
like lower registration limits for NE states.
Challenges in Fiscal federalism
• Virtual veto of the Centre in GST Council
• States’ Demand for Compensation and discontent over the delay in receiving
their full compensation.
• Vertical inequity & Fiscal Asymmetry: The central government maintains the
power to levy additional excise duty on tobacco and non-shareable cess and
surcharge even after GST implementation, while states lack this authority.
• COVID-19 crisis related challenges – a similar crisis in future may leave states
vulnerable

Conclusion

The implementation of GST has contributed to a more unified and harmonized

tax regime in India while maintaining the spirit of cooperative collaboration
between the central and state governments.
 Conclusion

The implementation of GST has contributed to a more unified and harmonized

tax regime in India while maintaining the spirit of cooperative collaboration
between the central and state governments.
Other PYQs on this theme
• While the national political parties in India favour centralisation, the regional
parties are in favour of State autonomy.” Comment. (2022)
• How far do you think cooperation, competition and confrontation have shaped
the nature of federation in India? Cite some recent examples to validate your
answer (2020)
• From the resolution of contentious issues regarding distribution of legislative
powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious
Construction’ have emerged. Explain. (2019)
• Though the federal principle is dominant in our Constitution and that principle is
one of its basic features, it is equally true that federalism under the Indian
Constitution leans in favour of a strong Centre, a feature that militates against
the concept of strong federalism. Discuss. (2014)
Syllabus topics and themes
 Introduction

• 73rd and 74th constitutional amendments have given formal shape to the third tier
that is local institutions (LIs) – PRIs & ULBs
• In the formative phase the strength and sustenance of local institutions was
dependent on fund, functions and functionaries as underscored by several reports
such as Ashok Mehta Committee, LM Singhhvi Committee, 2nd ARC etc.
• However several attempts have been made to solve the problems in this regard by
state government

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Shifting focus from ‘funds, functions & functionaries’ due to partial addressing
of problems in this regard:
• Funds – direct devolution to LIs (eg AMRUT), increasing resource distribution by 14th &
15th FC, certain improvements in SFCs by few states, new avenues of financing (eg
Municipal bonds)
• Functions - greater devolution functions witnessed, that is, watershed management,
healthcare, education etc (Kerala)
• Functionaries – Attempts at instituting dedicated functionaries (eg Gujarat) for PRI / ULBs

As a result the focus is now shifting somewhat to “functionality”. It pertains to greater

emphasis on improvements in operational management and effectiveness in public service
delivery. Consequently the strength and sustenance of local institutions is now contingent on
addressing the challenges of functionality.

Challenges of functionality
• Planning issues
• Absence of activity mapping and principle of subsidiarity that is add village block and
district levels
 • Poor rural urban linkage by district planning committee (Art 243 ZD)
• Forgery in identification of beneficiaries by Gram Sabha (Artc 243 A)
• Implementation issues
• Excessive focus on inputs rather than outputs in fund utilisation (eg
MGNREGA)
• Duplication and encroachment due to parastatal bodies
• Absence of gender perspective due to ‘sarpanchpati’ phenomena
• Politicisation in working of PRIs
• Monitoring issues
• Absence of citizens participation via social audit, RTI etc (eg in ICDS, Mid day
meal schemes)
• Absence of technical experts with ULBs for infrastructure development
projects
 Conclusion

Thus there is a need to improve functionality via outcome budgeting, capacity

building, regular gram sabha discussions, locational flexibilities etc. This will
further ensure that local institutions are true self governing institutions as
envisaged under directive principles of state policy (Art 40)
 Introduction

• The reservation of 33% of seats for women in institutions of local self-

government (LSG), such as Panchayati Raj Institutions (PRIs) and urban local
bodies (ULBs), was introduced through the 73rd and 74th Constitutional
Amendments in 1992.
• The major objective behind this was to ensure adequate representation of
women in local governance, promote gender equality, and empower
women to participate in decision-making processes.
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Limited impact of reservation of seats in LSG

• The practice of Sarpanch patis where effective political power is wielded by
husbands or other male relatives of elected women representatives.
• Women often face societal and familial pressure, limiting their autonomy.
• Resistance to Female Leadership from male colleagues and the community.
• Many women lack the necessary training and support to effectively fulfill their roles.
• Lower levels of education among women, especially in rural areas.
• Political parties often nominate women in reserved seats without giving them real power
or responsibilities.
• Stereotypes and traditional norms relegates women to the domestic sphere and
dissuades them to engage in public affairs.
• Caste and class factors also play a key role that restrict women to take leadership roles.

Positive impacts of women representation

• The reservation policy mandates that at least one-third of seats in Panchayats and
Municipalities be reserved for women leading to a significant increase in the number of
women holding local office.
• More women are participating in the political process, gaining experience, and
contributing to decision-making at the grassroots level.
• Women leaders at the local level serve as role models, inspiring other women to engage in
politics and public life. (Eg Nauroti Devi form Harmada village, Rajasthan)
• Female leaders often prioritise issues related to health, education, and welfare, resulting
in tangible benefits for their communities.
• For example, Dhani Miyan Khan Gram Panchayat in Haryana built a training centre for
women and ensured that every village child went to school.

Conclusion

The way ahead involves ensuring the capacity building of elected women
representatives, which is essential for empowering them to effectively fulfill their roles.
Additionally, strengthening women's groups and building networks will provide support
and enhance their collective influence. Changing perceptions to challenge gender biases
within political parties and society is crucial for fostering a more inclusive environment.
Recognizing women's leadership capabilities and challenging the limiting roles often
assigned to them will further promote gender equality and enable women to contribute
fully to political and social development.
Other PYQs on this theme
• “The states in India seem reluctant to empower urban local bodies both
functionally as well as financially.” Comment. (2023)
• To what extent, in your opinion, has the decentralisation of power in India
changed the governance landscape at the grassroots?(2022)
• “The local self government system in India has not proved to be effective
instrument of governance”. Critically examine the statement and give your views
to improve the situation. (2017)
Syllabus topics and themes
 Introduction

• Parliamentary sovereignty states that the supreme law-making

authority in the country is the Parliament which can make or repeal
laws without interference from other institutions or authorities.
• Though, India and Britain follow Parliamentary form of democracy but
have certain differences over approaches in terms of parliamentary
sovereignty.
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 Conclusion

Thus, though India borrows the Parliamentary form of government from the
British practices and though the two systems have a lot of similarities but in
terms of sovereignty Britain follows Parliamentary sovereignty and India follows
Constitutional sovereignty.
Other PYQs on this theme
• Critically examine the procedures through which the Presidents of India and
France are elected. (15 marks, 250 words)
• Analyse the distinguishing features of the notion of Equality in the Constitutions
of the USA and India. (Answer in 250 words)
• The judicial systems in India and UK seem to be converging as well as diverging
in the recent times. Highlight the key points of convergence and divergence
between the two nations in terms of their judicial practices. (Answer in 150
words)
• What can France learn from the Indian Constitution’s approach to secularism?
(10 marks, 150 words)
• Indian and USA are two large democracies. Examine the basic tenets on which
the two political systems are based.
THANK YOU!