MSP PYQs Discussion 1

Sectional Test – 2 (Polity)

 Disqualification under C&AG
RPA, 1951

Pressure groups OVERVIEW OF THE

Parliamentary
QUESTIONS committees

Ordinance making
power
Tribunals
Approach to answers

• KEYWORD
“Constitutionally guaranteed judicial independence is a prerequisite for democracy.”
Comment.
The pendency of cases in the judiciary impact justice delivery. Evaluate the role of All
India Judicial Services (AIJS) in addressing the pendency of judicial cases and ensuring
efficient justice delivery to citizens.

• CURRENT AFFAIRS/ STATIC

Recent amendments to the Right to information Act will have profound impact on the
autonomy and independence of the Information Commission”. Discuss.

• PARTS OF THE BODY

Approach to answers

• Definition
• Constitutional or Legal Provisions
Introduction • Current affairs/Contextual
• Data

• Recommendations of various committees

• Solution-oriented/Way forward
Conclusion • Give the significance
• Use quotes, maxims etc. in the conclusion
Syllabus topics and themes
Syllabus topic Themes / Chapters
Parliament and State legislatures— • Parliament
structure, functioning, conduct of • State Legislature
business, powers & privileges and issues
arising out of these.
Explain the structure of the Parliamentary Committee system. How far have the financial committees
helped in the institutionalization of the Indian Parliament? (15 Marks, 250 Words)-- 2023

Introduction

• Parliamentary Committees have their origins in the British Parliament. These are panels of
MPs who are grouped together to study and report on specific issues related to legislation,
administration, or policy. They are sometimes referred to as “mini parliament”.

• Parliament has the primary responsibility of making laws and holding the government
responsible for its actions. However due to limitations of time and expertise, the Parliament is
unable to perform its role fully. Thus, parliamentary committees were constituted to examine
proposed legislation, government policies and expenditure in detail.
 Body
Structure of the Parliamentary Committee system
Role of Financial Committees in the Institutionalisation of the Indian Parliament:
• Examination of government expenditures helps in ensuring financial accountability of
the executive within the parliamentary system.
• By questioning the government ministers and officials on their policies, actions, and
decisions a culture of transparency is created.
• Scrutinise various aspects of government policies, programs and schemes and bring in
efficiency.
• Checking delay in Projects like by Committee on Public Undertaking
• Bringing opposition in discussion through committees like PAC and Estimate committee.
• Detailed scrutiny of the accounts of the government and its policies.

Concerns with the performance of financial Parliamentary committees

• Post-mortem Assessment of expenditure
• Advisory Nature of Recommendations
• Short term of members
• Do not examine broader policy
• Reduction in number of bills referred to these committees
• Absence of members from meetings
• Non-acceptance of recommendations
 Conclusion

• NCRWC has recommended that major reports of all Committees should be

discussed in Parliament especially in cases where there is disagreement
between a committee and the government. The recommendations of the
PACs should be accorded greater weight and they should be treated as the
“conscience-keepers of the nation in financial matters.”
• Tenure of members
• Institutional research support
 Other PYQs on this theme
• Do Department-Related Parliamentary Standing Committees keep the administration on its toes and
inspire reverence for parliamentary control? Evaluate the working of such committees with suitable
examples. (2021)
• Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this
context, the role of the Estimates Committee. (2018)
• Discuss the role of Public Accounts Committee in establishing accountability of the government to the
people. (2017)
Syllabus topic and themes
Syllabus topic Themes / Chapters
Structure, organization and functioning • President/Governor
of the Executive • Vice President
• Prime Minister/ Chief Minister
• Council of Ministers/ Cabinet

Ministries and Departments of the • Organization

Government • PMO
• Cabinet Secretariat
Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of
re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Introduction
Article 213 of the Constitution provides for ordinance making power of the Governor to deal with certain
emergency situations.
Article 153, Article 168

Body
Essential Conditions for exercise of legislative powers by the Governor
•There should be extraordinary circumstances
•Only on matters on which State Legislature has the jurisdiction to make laws
•Either one or both the Houses are not in session
•The Governor is satisfied to take immediate action.
•Not a discretionary power- on the aid and advice of the Council of Ministers
•Ordinances must be laid down before the State Legislative Assembly and Legislative Council within 6 weeks of
reassembly of the Legislature else it lapses.
•Should not be exercised in a mala fide manner (R C cooper vs Union of India case)
Legality of re-promulgation of ordinance
The Indian constitution does not explicitly prohibit re-promulgation of ordinances. So it is largely agreed
that re-promulgation is possible. This has also been upheld by the courts in the following cases:
• DC Wadhwa Case 1987: Legislative power of the executive to promulgate ordinances is to be used in
exceptional circumstances and not as a substitute for the law-making power of the legislature. The
court has upheld that re-promulgation can be done
• if the session of House too short;
• if the legislature is overburdened.
• Krishna Kumar Singh Case 2017: re-promulgation of an ordinance is not per se illegal.
• Power of the Governor to promulgate an ordinance is a legislative power, and re-promulgation is
only an extension of the same power.
• Court cautioned that the power to re-promulgate should not be used as a substitute for the
power to legislate in which case re-promulgation will be a fraud on the Constitution and a
subversion of democratic legislative processes.
 Conclusion

Thus, the Constitution does not prohibit re-promulgation of ordinances, but it

is against the spirit of the Constitution as it undermines the role of the
Legislature in the law-making process and violates the principle of separation
of powers.
Other PYQs on this theme
• Resorting to ordinances has always raised concerns on violation of the spirit of
the separation of powers doctrine. While noting the rationales justifying the
power to promulgate ordinances, analyse whether the decisions of the Supreme
Court on the issue have further facilitated resorting to this power. Should the
power to promulgate ordinances be repealed? (2015)
Syllabus topic and themes
Syllabus topic Themes Micro-topics
Pressure groups • Pressure groups • Definition: Pressure groups; informal
and • Formal/informal associations association; formal associations
formal/informal • Types
associations and • Methods/techniques
their role in the • Significance
Polity • Issues
• Suggestions: legislative, self regulation,
capacity building, technology, transparency
“Pressure groups play a vital role in influencing public policy making in India.” Explain how the business
associations contribute to public policies. (2021)

Introduction

Pressure Groups are a group of people organised actively to promote and defend their common
interests and influence public policy. They act as the liaison between the government and its
members.

Body
Role of Pressure Groups in influencing public policy making
• Engage directly with policymakers to advocate for specific interests. Eg., FICCI
• Provide expert advice and propose policy changes. Eg., NASSCOM
• Conduct studies and present data to support their positions. Eg,. PRATHAM
• Mobilize public opinion to influence policy decisions. Eg., MKSS
• Help in expressing views and needs of minority groups which remain unheard. Eg., Harijan Sevak Sangh
• Participate in government consultations and advisory committees.
• Use judicial interventions to push for policy changes. Eg., ADR
• Educate the public and policymakers about specific issues.
• Provide ongoing feedback on policy implementation and effectiveness.
Role of Business Associations
• Lobbying: They influence policymakers to favour industry-specific policies.
• Policy Recommendations: They provide expert advice and detailed policy suggestions.
• Research and Data: Provide useful and credible research on existing and newer developments in
areas such as industrial operations, infrastructure and technology.
• Consultations: Participate in government dialogues to ensure their views are heard. Communicate
the grievances and demands of various sectors and industries to the government.
• International Engagement: Collaborate globally to align policies with international standards.
 Conclusion

Besides, in representative democracies, business groups exert influence on the political process by
financing party election expenses and mobilizing voter support. The degree of organization within these
groups typically determines their level of influence in both politics and policymaking.
Need for self regulation, legalizing lobbying etc
Other PYQs on this theme
• What are the methods used by the Farmers organizations to influence the
policy- makers in India and how effective are these methods? (2019)
• How do pressure groups influence the Indian political process? Do you agree
with this view that informal pressure groups have emerged as powerful than
formal pressure groups in recent years? (2017)
Syllabus topic and themes
Syllabus topic Themes Micro-topics
Salient features • RPA 1950 • RPA 1950: Delimitation of constituencies;
of the • RPA 1951 electoral rolls; officers in elections;
Representation reservation of seats
of People’s Act • RPA 1951: qualifications; disqualifications;
remedies available; corrupt practices;
registration of political parties etc.
• Role in free and fair election
• Limitations
On what grounds a people’s representative can be disqualified under the Representation of People Act, 1951?
Also mention the remedies available to such person against his disqualification. (15 marks)

Introduction

Article 102(1)(b) and Article 191(1)(b) of the Constitution provide certain criteria for disqualification of
members of Parliament and State Legislatures respectively. The Representation of the People Act, 1951,
further elaborates on the disqualifications of candidates. These provisions are aimed at ensuring that the
election process remains clean and fair.
 Body

Disqualification provisions
• Section 8(1) includes specific offences such as promoting enmity between two groups, bribery, and
undue influence or personation at an election.
• Section 8(2) lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for
conviction and sentence of at least six months for an offence under any provisions of the Dowry
Prohibition Act.
• Section 8(3) disqualifies a convicted person who has been sentenced to imprisonment for not less than
two years. He is disqualified from the date of such conviction and shall continue to be disqualified for a
further period of six years since his release.
• Section 8A provides for disqualification of a person on grounds of corrupt practices made by him during
and in the election.
• Section 9: government servants dismissed for corruption or disloyalty to the state shall be disqualified for
five years to contest election from the date of dismissal.
• Section 9A provides for disqualification for a certain contract with the Government.
• Section 10 provides for the disqualification of holding offices under a Government company.
• Section 10A says that if a candidate fails to lodge the account of his election expenses within the time
provided the candidate shall be disqualified by the Election Commission.
Remedies available to the aggrieved party
•Filing of an appeal to the Supreme Court within 30 days from the order of the High Court.
• Example, Azhar Hussain v. Rajiv Gandhi case (1985), the election petition by Azhar Hussain was
dismissed both by the High Court and the Supreme Court due to a lack of evidence.
•Application for a stay on the High Court’s order to be made to the High Court or Supreme Court
• Example, Indira Gandhi v. Raj Narain case (1975)- She later appealed to the Supreme Court which
upheld her election.
 Conclusion

Thus, the Representation of the People Act, 1951 contains adequate mechanisms
to uphold and protect the democratic principles even after the elections by
providing the necessary redressal mechanism to the aggrieved parties involved.
Other PYQs on this theme
• “There is a need for simplification of procedure for disqualification of persons
found guilty of corrupt practices under the Representation of peoples Act”.
Comment. (2020)
• Discuss the procedures to decide the disputes arising out of the election of a
Member of the Parliament or State Legislature under The Representation of the
People Act, 1951. What are the grounds on which the election of any returned
candidate may be declared void? What remedy is available to the aggrieved
party against the decision ? Refer to the case laws. (2022)
Syllabus topic and themes
Syllabus topic Themes Micro-topics
Appointment to • ECI • Constitutional provisions
various • C&AG • Static and factual: appointment,
Constitutional posts, • Finance Commission removal (where relevant)
powers, functions • UPSC and SPSC • Powers and functions
and responsibilities • GST Council • Independence
of various • NCSC, NCST, NCBC • Performance over the years- Positive
Constitutional • Attorney General and Advocate General • Limitations in functioning
Bodies. • Recommendations
“The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in the
method and terms of his appointment as well as the range of powers he can exercise. (2018)

Introduction
The Constitution of India provides for an independent office of the Comptroller and Auditor General of
India (CAG) under Article 148. He is the head of the Indian Audit and Accounts Department and acts as
the guardian of the public purse and inspects and audits the entire financial system of the country at
both levels- the centre and states.

Body
Vital role of the CAG
• Audits the expenditure of the government and ensures its accountability.
• Acts as the friend, philosopher and guide of the Public Accounts Committee. (2G, Bofors scam)
• Ensures wisdom, faithfulness and economy in the use of public resources.
• For example, the 2017 audit report of C&AG highlighted the issues in the working of RTE Act,
2009 like low teacher pupil ratio.
• Producing detailed reports highlighting instances of financial irregularities, inefficiencies, and non-
compliance with regulations.
• For example, the 1989 audit report on the Bofors scam.
• Review of accounts of PSUs
• Recommendations on institutional reforms aimed at improving financial management and accountability
within the government.
• For example, Internal auditing was given a more prominent role and at the initiative of C&AG V N
Kaul.
• The CAG's reports and findings have been often covered extensively by the media, increasing public
awareness of financial issues.

Methods and terms of CAG’s appointment- reflecting the importance of the office

• Appointed by the President of India by a warrant under his hand and seal.
• Can be removed by the President on same grounds and in the same manner as a judge of the Supreme
Court.
• Provided with the security of tenure and does not hold his office till the pleasure of the President.
• He is not eligible for further office, either under the Government of India or of any state, after he ceases
to hold his office.
• The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of
persons serving in that office are charged upon the Consolidated Fund of India.
Range of CAG’s power- reflecting the importance of the office

• CAG audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated
Fund of each state and UT having a legislative assembly.
• CAG audits all expenditure from the Contingency Fund of India and the Public Account of India as well as
the Contingency Fund and Public Account of each state.
• CAG audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary
accounts kept by any department of the Central Government and the state governments.
• CAG audits the receipts and expenditure of all bodies and authorities substantially financed from the
Central or State revenues; government companies; other corporations and bodies, when so required by
related laws.
• He ascertains and certifies the net proceeds of any tax or duty and his certificate is final on the matter.
Challenges faced by CAG in holding the executive accountable
• Independence of CAG: No defined qualifications or procedure for the appointment of CAG.
• Complex audits- PPPs, PRIs, government funded societies
• Supply of records denied.
• The total number of CAG reports relating to central government ministries and departments came
down from 55 in 2015 to just 14 in 2020.
Conclusion

Suggestions
Reforms suggested by Vinod Rai (former CAG)
• Bring all private-public partnerships (PPPs), Panchayati Raj Institutions and government-funded
societies, within the ambit of the CAG.
• CAG Act of 1971 should be amended to keep pace with the changes in governance.
• A collegium type mechanism to choose a new CAG on the lines of selecting a Chief Vigilance
Commissioner (CVC).
The office of C&AG is important to hold the government accountable in the field of financial
administration. The Constitution provides enough safeguards to the office to enable it to independently
function and perform its duties.
 Other PYQs on this theme
• Exercise of CAG’s powers in relation to the accounts of the Union and the States is derived from Article 149
of the Indian Constitution. Discuss whether audit of the Government’s policy implementation could
amount to overstepping its own (CAG) jurisdiction. (2016)
Syllabus topic and themes
Syllabus topic Themes Micro-topics
Statutory, regulatory • Definition • Statutory provisions/objectives
and various quasi- • NHRC and SHRC • Powers and functions
judicial bodies • NCW, NCPCR • Performance over the years- Positive
• CIC and SIC • Limitations in functioning
• CBI • Recommendations
• Lokpal and Lokayuktas
• SEBI, RBI, CPCB, FSSAI, RTA etc
• Tribunals (CAT, NGT etc.) and other
quasi-judicial bodies
How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the
above, discuss the constitutional validity and competency of the tribunals in India. (2018)

Introduction
• Constitutional provisions: Tribunals are quasi-judicial bodies created by the 42nd Amendment Act
which added Article 323-A (Administrative Tribunals) and Article 323-B (Tribunals of other matters) to
the constitution.
• Contextual: A Constitution Bench of the Supreme Court struck down in entirety Rules framed by the
government under the Finance Act of 2017 to alter the appointments to 19 key judicial tribunals,
including the Central Administrative Tribunal.

Body
Constitutional validity of tribunals

• SC in S P Sampath Kumar vs UoI upheld the constitutionality of tribunals. They are equivalent to High
Courts.
• In L. Chandra Kumar case the SC maintained this position. Tribunals are quasi-judicial bodies and not
equivalent to high courts.
Tribunals-curtailing the jurisdiction of ordinary courts
• They deal with specific matters like taxation, industrial disputes etc. which may be difficult for the courts
the handle. Further, they initially took away the powers of High Court as appeals against their decisions
went directly to the SC depriving HCs of their power of judicial review.
• However, the Supreme Court (SC) in L Chandra Kumar case (1997) held that the power of the High
Court (HC) under Article 226 to exercise judicial superintendence over the decisions of all courts
and tribunals is a part of the basic structure of the Constitution.
• However, decisions of some of the tribunals, like National Green Tribunal continue to be taken on
appeal only before the SC bypassing the HC as Court of Appeal, depriving them of their power of
judicial review.
• Conferring a direct right of appeal to the SC from tribunals has changed the SC from a constitutional
court to a mere appellate court and has also resulted in a backlog of cases.
Thus it would not be right to say that they curtail the jurisdiction of ordinary courts
Competency of Tribunals
• Flexibility of procedure as they go by the principle of natural justice rather than legal codes.
• Specialisation through expert involvement increases effectiveness
• Example, National Green Tribunal to deal with cases related to environment
• Cost and time effectiveness in delivery of justice.
• Reduction in the burden of the judiciary, though appeals can be made.
However, Tribunals face various lacunae in their functioning as:
• Appeals lie to the higher courts burdening them
• Huge pendency of cases leading to delay in justice delivery
• A whopping 90000+ cases pending in Income Tax tribunals
• Many tribunals do not have adequate infrastructure to work smoothly
• Appointments to tribunals are usually under the control of the executive.
• Accessibility and cost become an issue as they are located at particular places and require specialised
lawyers to fight cases.
 Conclusion

Thus, to overcome these lacunae there is a need to follow recommendations of

272nd Law Commission Report, increase accessibility of tribunals, make
appointments to tribunals more independent etc. This will ensure tribunals
supplement ordinary courts and do not supplant them.
THANK YOU!