QIP - MTS - Answer Writing

UPSC MAINS 2021
Answer Writing
Governance, Constitution & Polity
Distribution of Questions in GS II
QIP ANSWER WRITING 2021
What You Need for Answer Writing Practice?
DECODING THE QUESTION

+
KNOWLEDGE ABOUT THE TOPIC
Answer Enrichment Points – Polity & Governance
 Constitutional Provisions – Articles

 Quoting provisions of PREAMBLE, DPSP, FR etc.
 Law Commission Reports
 Reports of important Committees – Governance/Local

Bodies/Reforms
 Quoting Landmark Judgments

Important Themes in P&G – ANSWER WRITING
AMENDMENTS, FEATURES & GOVERNANCE, ACCOUNTABILITY,
DEVELOPMENT – INDIAN CONSTITUTION TRANSPARENCY, e-GOVERNANCE
INDIAN PARLIAMENT & STATE

ROLE OF CIVIL SERVICES IN DEMOCRACY
ASSEMBLIES
CENTRE-STATE RELATIONS ELECTION-REPRESENTATION OF PEOPLE

ACT
SEPARATION OF POWER – L/E/J
LOCAL BODIES – DEVOLUTION OF
POWERS & FINANCES
INDIAN JUDICIARY – JUDICIAL REVIEW,
LANDMARK JUDGMENTS IMPORTANT ROLE PLAYED BY NGOs,
PRESSURE GROUPS, LOBBIES etc.
COMPARISON OF INDIAN
CONSTITUTIONAL SCHEME WITH OTHER CONSTITUTIONAL + STATUTORY
COUNTRIES ORGANISATIONS/BODIES
ANSWER WRITING PRACTICE – Q. 1
The doctrine of basic structure has helped in maintaining the sanctity
of the constitution. Do you agree? Discuss.
GS-2
Indian Constitution—
historical underpinnings,
evolution, features,
amendments, significant
provisions and basic
structure.
What is Basic Structure….?

Structuring our Answer – Q 1
The doctrine of basic structure has helped in maintaining the
sanctity of the constitution. Do you agree? Discuss.
Introduction1: Kesavananda Bharati Judgement has identified certain

parts of the constitution as basic structure which cannot be amended and
without which constitution would lose its essence.
(25 Words)
Introduction 2: The doctrine of basic structure ensures constitutional

supremacy by restricting Parliament’s power to amend certain features
without which Constitution will lose it sanctity.
(23 Words)
Introduction 3: The doctrine ensures constitutional supremacy over

Parliament’s sovereignty by limiting Parliament’s amending powers under
Article 13 and 368.
(18 Words)
Introduction4: The doctrine propounded in Kesavananda Judgment has

enforced judicial review over limited amending powers of Parliament
thereby ensuring constitutional supremacy.
(20 Words)
Body:
The doctrine has ensured sanctity of the constitution as Parliament cannot
amend the following Basic Features of the Constitution:
Body:
The doctrine has ensured sanctity of the constitution as Parliament cannot
amend the following Basic Features of the Constitution:
• Republican and Democratic form of government

• Separation of powers
• Federal structure
• Secularism
• Essential features of individual freedoms
• Judicial Review
(38 Words)
Body: SIGNIFICANCE CRITICISM

1. Ensures Constitutional Supremacy
2. Enforces the importance of

constitutionalism which limits state
powers and authority.
3. Strengthens Judicial Review
4. Ensures Rights of Citizens against

State’s excess
5. Ensures Federal Balance and

(37 Words)
separation of power
Body: SIGNIFICANCE CRITICISM

1. Basic Structure Doctrine is a Judicial
Construct not defined in the Constitution
2. Strengthens Judicial Activism & even

Overreach – through excessive power of
judicial review under Article 13 & 368
3. Limits Powers of Parliament
4. Basic Structure not an exhaustive list

and subject to judicial interpretation.
(49 Words)
Conclusion 1: Despite the concerns, basic structure doctrine has prevented

the Parliament from rewriting the Constitution in the garb of Amendment.
(19 Words)
Conclusion 2: Basic Structure doctrine has protected the essence of the

constitution as Parliament cannot amend them.
(15 Words)
Conclusion 3: Basic Structure doctrine has ensured constitutional supremacy

by preventing Parliament to usurp powers by amendment.
(15 Words)
Question asked by UPSC – Q. 2
Did the Government of India Act, 1935 lay down a federal
constitution? Discuss. (200 Words - 2016)
GS 2
Functions and
responsibilities of
the Union and the
States, issues and
challenges
pertaining to the
federal structure
ANSWER STRUCTURE – Q. 2
Introduction 1:
Government of India Act, 1935 unlike before, provided important federal

features along with overriding central tendencies.
(16 Words)

ANSWER STRUCTURE – Q. 2
Introduction 2:
Government of India Act, 1935 did provide for the concept of Indian
Federation along with provincial autonomy but also has centralizing
tendencies.
(16 Words)

ANSWER STRUCTURE - Q. 2
Body:
FEDERAL FEATURES

• Established Indian Federation – having British India Provinces & Princely States as
units.
• Provincial Autonomy – Provinces became autonomous units of federation and not

delegates of Centre.

• Distribution of Legislative Power between Centre & Provinces – Federal List
Centre, Provincial List - Provinces, Concurrent List - both Centre & Provinces had
jurisdiction.

Body: FEDERAL FEATURES

• Governors acted on the advice of Ministers responsible to Provincial
Legislatures.

• Bicameral Central & Provincial Legislature – created Federal Assembly &
Council of States at Centre and Legislative Assembly & Council in provinces

• Federal Court – headed by CJI had original jurisdiction in any dispute between
Federation, Provinces or Federated States.

(99 Words)
Body:
CENTRALISING TENDENCIES

• Sanction of Governor-General or Governor required - for certain
legislative proposals passed by legislative assembly.

• Optional for Princely States to join the federation but not for
Provinces.
• Governor could act in his ‘discretion or in exercise’ of ‘individual

judgment’ - in certain matters without ministerial advice under the control
& directions of Governor-General vis-à-vis Secretary of State.

Body:
CENTRALISING TENDENCIES

• Governor General on account of ‘Special Responsibilities’ could
override ministerial advice & act as per directions of Secretary of State,
prevent discussions in Legislature on any Bill, make temporary ordinances
& permanent Acts.

• Bill passed by Central Legislature was subject to veto by Crown.
• Public Services Commission – Common Service for Indian Federation

Conclusion 1: Thus, GOI Act, 1935 by providing provincial autonomy paved

the way for present constitution.

(14 Words)

(232 Words)

Conclusion 2: GOI Act, 1935 did provide for certain federal features but
largely the functioning was centralised.

(15 Words)

(232 Words)

ANSWER WRITING PRACTICE – Q. 3.
One nation, one election is a good idea but lacks practicality.
Discuss. (150 words).
GS 2
Indian Constitution -
features,
amendments,
significant provisions
Salient features of
the Representation of
People’s Act.
Introduction 1: One Nation, One Election refers to holding simultaneous

elections for Lok Sabha & State Assemblies.

(15 Words)

Introduction 2: Holding simultaneous elections for Lok Sabha & State

Assemblies has been emphasised by the President.

(19 Words)

Introduction 3: Holding simultaneous elections for Lok Sabha and State

Assemblies has its own merits and challenges.
(15 Words)

Advantages Concerns & Challenges

• More focus on long term development and
growth – allow political class to think beyond
electoral gains.
• Lessen the period of imposition of Model

Code of Conduct – MCC leads to policy
paralysis. (7 months – 2014)
• Reduce Massive Electoral Expense – for

government & political parties.

• Reduce Corruption & Black Money
Expenditure during elections
• Less Elections will lead to better

human resource utilization – CAPF,
State Police, Officers etc.
• Less Disruptions – Delivering Public

services
• Less chances of Polarisations –w.r.t.

casteism, communalism
(77 Words)
• Impacts Federal Structure
• Constitutional Amendment needed

– align tenure of Lok Sabha & State
Legislative Assembly
• No guarantee of tenure post

simultaneous elections
• National Issues overrides Regional

Issues – Makes it difficult for voters to
choose along national & regional lines
• Deploying entire Security Forces for

elections will be challenging
• Lack of Political Consensus
(55 Words)
Conclusion 1: Recommendations of Parliamentary Standing Committee can

be considered - holding simultaneous elections in two phases 1. with Lok
Sabha 2. Mid-term - to adjust the tenure of SLA.
(28 Words)
(176 Words)

Conclusion 2: Recommendations of Parliamentary Standing Committee, NITI

Aayog and 170th Law Commission can be considered to conduct
simultaneous elections in two phases without impacting the tenure of state
assemblies.
(28 Words)
(176 Words)

Discuss the efficacy of Lok Adalats as an alternative dispute
resolution (ADR) system? (250 words)
GS 2
Structure,
organization and
functioning of the
Executive and the
Judiciary
Introduction 1: ……
Introduction 2: ……

Introduction 3:
Lok Adalat (LA) is an innovative mechanism for alternate dispute resolution

has proved viable, economic and efficient for disputes resolution in a spirit of
conciliation outside the courts. Lok Adalats have been established under
Legal Services Authority Act and amendment in 2002 further established
Permanent Lok Adalat in every district.
(50 Words)

Advantages:
• Facilitates Speedy Justice
• Cost Effective Justice – vulnerable sections.
• Provides Procedural flexibility
• Favours Compromise or Settlement of disputes
• Reduces burden of regular courts
• Awards are binding in nature
• Ensures equal justice and free legal aid – A - 39A
• 2002 Amendment in LSA – Permanent & Continuous LA (53 Words).

Concerns on Efficacy of LA:
• Forces Improper Reconciliation on disputed parties to reflect increased

case settlement - puts parties at disadvantage
• Cases which ought to be tried in formal Courts are also referred to LA
• Conciliation outside Court can be repudiated by parties.
• Due to free legal aid, lawyers don’t show much enthusiasm for justice for
vulnerable sections.
(56 Words)
How to Conclude….?

Effectiveness of Lok Adalat:
• While the number of LAs organised each year have reduced, but the
average number of cases disposed by LAs has gone up.
• Between 2016 to 2020, Lok Adalats organized across the country have
disposed more than 50 lakh cases.
• Even 222nd Law Commission’s Report have considered Lok Adalats to be

viable, economic and effective.
(58 Words)
Conclusion:
Despite the concerns mentioned above, Lok Adalats have proven to be an

effective ADR mechanism for dispensation of justice thereby fulfilling the
constitutional mandate provided under DPSP along with achieving the
objective sought under Legal Services Authorities Act. Time has come to
move from ADR mechanism to Online Dispute Resolution Mechanism as
suggested by NITI Aayog.
(56 Words)
(274 Words)
India borrowed the feature of parliamentary form of government from
Britain, yet the two systems differ significantly. Discuss. (150 words)
GS 2
Comparison of
the Indian
constitutional
scheme with that
of other
countries.
Introduction: ……

Adoption of Parliamentary form of Government based on Westminster

System:
……..
………
…………
…………….

Adoption of Parliamentary form of Government by India is based on

Westminster System of UK which comprises:
• Nominal and Real Executives

• Majority Party Rule
• Led by Prime Minister
• Role of Opposition Parties
• Parliament – Two Houses
• Collective Responsibility
• Executive Responsible to the Legislature
• Dissolution of Lower House even prior to end of tenure
• Independent Judiciary
Yet, there are certain differences.

But, how do they differ…..?

BRITAIN INDIA
Constitutional monarchy with the king as the Republic with President as the nominal head.
nominal head.
Parliamentary sovereignty as parliament is the Constitutional sovereignty as parliament’s power is
supreme authority. restricted due to basic structure doctrine
Prime Minister should be a member of the House Prime Minister can be a member of any house
of Commons (Lower House). Rajya Sabha or Lok Sabha.
Ministers have a legal responsibility as they are Ministers are only accountable for their legislative
required to countersign the official acts of the and executive functions. No legal responsibility.
Head of the state.
’Shadow Cabinet’ formed by the opposition to Shadow Cabinet does not exist in India.
replace the ruling government once it falls.
(175 Words)
The Shadow Cabinet is the team of senior spokespeople chosen by the Leader
of the Opposition to mirror the Cabinet in Government.
Each member of the shadow cabinet is appointed to lead on a specific policy

area for their party and to question and challenge their counterpart in the
Cabinet.
In this way the Official Opposition seeks to present itself as an alternative

government-in-waiting.
How is the Finance Commission of India constituted? What do you
know about the terms of reference of the recently constituted Finance
Commission. Discuss. (250 words) (2018)
GS - 2
Appointment to
various
Constitutional
posts, powers,
functions and
responsibilities of
various
Constitutional
Bodies.
Introduction 1:
Finance Commission is constituted every five years by the President under

Article 280 to evaluate the state of finances of Union and State Governments,
recommend sharing of taxes between them, lay down the principles
determining the distribution of taxes among States and suggest steps to
encourage fiscal discipline.
Introduction 2:
Finance Commission is a constitutionally mandated body which ensures

fiscal federalism and is constituted by the President under Article 280.
(20 Words)
Its core responsibilities are:

• Evaluating state of finances – Union & States
• Laying principles governing distribution of tax
• Review status of finance, debts, cash balance of states & local institutions
• Suggest fiscal consolidation roadmaps
(53 Words)
 Determine Net Proceeds of Taxes – Union – States
 Principles governing grants-in-aid under Article 275 for states
 Augment resources for Panchayats & Municipalities – SFC’s

recommendation
 Review status of finance, debts, cash balance & fiscal discipline efforts
 Recommend a fiscal consolidation roadmap for sound fiscal

management.
Terms of Reference:
Its terms of reference includes proposing measurable performance-based incentives
for States in following areas:
 Efforts made by the States in expansion and deepening of tax net under GST.
 Efforts and Progress made by states in moving towards replacement rate of population
growth.
 Achievements in implementation of flagship schemes of central government, disaster

resilient infrastructure, sustainable development goals and quality of expenditure.
 Progress made in increasing capital expenditure, eliminating losses of power sector and
improving the quality of expenditure in generating income.

Terms of Reference
 Progress made in increasing tax/non-tax revenues, promoting savings by adoption of

Direct Benefit Transfers and Public Finance Management System, promoting digital
economy and removing layers between the government and the beneficiaries.
 Provision of grants in aid to local bodies for basic services, including quality human
resources.
 Control or lack of it in incurring expenditure on populist measures.
 Progress made in sanitation, solid waste management and bringing in behavioural change
to end open defecation.

Conclusion:

Conclusion 1:
Thus, as an important Constitutional entity, the Commission is committed to

balancing competing claims and priorities among all three tiers of government
in a credible manner.
(287 Words)
Conclusion 2:
Thus, Finance Commission through its recommendations on sound fiscal

policies ensures fiscal federalism and strengthens co-operative federalism in
India.
(281 Words)

Do you think that constitution of India does not accept principle of
strict separation of powers rather it is based on the principle of ‘checks
and balance’? Explain. (150 Words) (2019)
GS 2
Separation of
powers between
various organs
dispute redressal
mechanisms and
institutions.
Introduction….
Introduction 1
The Indian Constitution is based on a delicate principle of limited separation

of powers and checks and balances and does not provide strict separation as
mandated in the constitution of United States.
(32 Words)
Introduction 2
Indian Constitution ensures Separation of Powers (SOP) for legislature,

executive and judiciary to prevent their misuse of power. However, Indian
Constitution differs from US Constitution in providing strict SOP.
(29 words)
How to Proceed further……. THINK?

Separation of Power implies:
• Same person do not form more than one organ of the Government.
• One organ of the Government should not exercise the function of other
organs
• One organ of the Government should not encroach with the function of
the other two organs of the Government.
(48 Words)
Areas of Overlap.…..
OVERLAPPING AREAS
 Parliamentary form of Government having Cabinet

 Accountability of Executive to Legislature

 President of India – being the head of the executive, also performs legislative
(ordinance) and judicial (mercy petition) functions through council of ministers.

 Speaker of Lok Sabha – has administrative and judicial powers – deciding cases of
defection & parliamentary privileges.

 Judicial Review under Article 13 & 368

 Removal of President, Judges of Supreme Court & High Courts: Through
parliamentary process.
(71 Words)
Conclusion:
Conclusion:
Thus, Indian Constitution through SOP overall ensures balance of power by

institutionalising checks and balance on the functioning of each organ of the
government.
(24 Words)
(172-175 Words)
Practice Question – Q. 8
E-Governance is Easy Governance, Economic Governance and Effective
Governance. Substantiate with examples. (150 words)
GS 2
Important aspects of
governance, transparency
and accountability,
e-governance- applications,
models, successes,
limitations, and potential;
citizens charters,
transparency &
accountability and
institutional and other
measures.
Introduction
Body
Conclusion
What is E-Governance…?
E-Governance refers to application of information and communication

technology (ICT) for providing government services, exchange of information,
transactions, integration of previously existing services and information
portals.
E-Governance refers to application of information and communication

technology (ICT) for providing government services, exchange of information,
transactions, integration of previously existing services and information
portals.
(26 Words).
e-Governance refers to use of Information and Communication Technology

(ICT) to provide government services to the citizens, seamless interaction with
business enterprises and also among government departments.
(27 Words)
Think about The National e-Governance Plan (NeGP) & Digital India
Programme
Components of National e-Governance Plan (NeGP)
Comprises 31 Mission Mode Projects - focuses on one aspect of electronic governance,

such as banking, land records or commercial taxes etc. MMP have clearly defined
objectives, scopes, and implementation timelines and milestones & measurable outcomes
and service levels.
State Data Centre (SDC) - consolidate services, applications and infrastructure to provide
efficient electronic delivery of G2G, G2C and G2B services. Services provided are supported
by ore Connectivity Infrastructure such as State Wide Area Network (SWAN) and Common
Service Centre (CSC) connectivity extended up to village level.
Aadhaar Enabled Payment System (AEPS)
PRAGATI – Pro-Active Governance & Timely Implementation
PRATAHAM & SAKSHAM PORTAL
Goods and Services Tax Network (GSTN)
Kisan Suvidha Portal
E-courts Projects – Phase – 1, 2 & 3
Government e-Marketplace (GeM)

Easy Governance
• Digitization of Records - Digital India Land Records Modernization Programme
• Enhanced Accessibility – online services (e-Courts Project, GSTN, Kisan Suvidha Portal)
• Simplified tracking and supervision of services – PRAGATI
• Use of AI in the fields of Health, Finance etc. - National Digital Health Mission,
National Strategy for AI proposed by NITI Aayog
Economic Governance
• Reduced Leakage – DBT, JanDhan Yojana
• Easy Accessibility for fund transfer – AEPS, One Nation One Ration Card
• Data Empowerment and Protection Architecture (DEPA) – proposed by NITI

Aayog for MSMEs to use data as collateral for loans
Effective Governance
Effective Governance
• Increased transparency, accountability & responsibility of govt. – Online RTI
• Unified Mobile Application for New-age Governance (UMANG) - single platform

to access pan India e-Gov services ranging from Central to Local institutions
• Better co-ordination in delivering services
(127 Words)
Conclusion:
Conclusion:
Considering the relevance of digital connectivity to economic growth and the

need to eliminate the digital divide, Government should enhance digital
connectivity across urban and rural India and enhance digital literacy.
(31 Words)
(185 Words)
KEY TAKEAWAYS

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UPSC MAINS 2021

DECODING THE QUESTION

 Constitutional Provisions – Articles

 Quoting provisions of PREAMBLE, DPSP, FR etc.

 Law Commission Reports

 Reports of important Committees – Governance/Local

 Quoting Landmark Judgments

INDIAN PARLIAMENT & STATE

CENTRE-STATE RELATIONS ELECTION-REPRESENTATION OF PEOPLE

What is Basic Structure….?

Introduction1: Kesavananda Bharati Judgement has identified certain

Introduction 2: The doctrine of basic structure ensures constitutional

Introduction 3: The doctrine ensures constitutional supremacy over

Introduction4: The doctrine propounded in Kesavananda Judgment has

• Republican and Democratic form of government

Body: SIGNIFICANCE CRITICISM

2. Enforces the importance of

3. Strengthens Judicial Review

4. Ensures Rights of Citizens against

5. Ensures Federal Balance and

Body: SIGNIFICANCE CRITICISM

2. Strengthens Judicial Activism & even

3. Limits Powers of Parliament

4. Basic Structure not an exhaustive list

Conclusion 1: Despite the concerns, basic structure doctrine has prevented

Conclusion 2: Basic Structure doctrine has protected the essence of the

Conclusion 3: Basic Structure doctrine has ensured constitutional supremacy

Government of India Act, 1935 unlike before, provided important federal

• Provincial Autonomy – Provinces became autonomous units of federation and not

Body: FEDERAL FEATURES

• Governor could act in his ‘discretion or in exercise’ of ‘individual

• Public Services Commission – Common Service for Indian Federation

Conclusion 1: Thus, GOI Act, 1935 by providing provincial autonomy paved

Introduction 1: One Nation, One Election refers to holding simultaneous

Introduction 2: Holding simultaneous elections for Lok Sabha & State

Introduction 3: Holding simultaneous elections for Lok Sabha and State

Advantages Concerns & Challenges

• Lessen the period of imposition of Model

• Reduce Massive Electoral Expense – for

Advantages Concerns & Challenges

• Less Elections will lead to better

• Less Disruptions – Delivering Public

• Less chances of Polarisations –w.r.t.

• Impacts Federal Structure

• Constitutional Amendment needed

• No guarantee of tenure post

• National Issues overrides Regional

• Deploying entire Security Forces for

• Lack of Political Consensus

Conclusion 1: Recommendations of Parliamentary Standing Committee can

Conclusion 2: Recommendations of Parliamentary Standing Committee, NITI

Lok Adalat (LA) is an innovative mechanism for alternate dispute resolution

• Facilitates Speedy Justice

• Cost Effective Justice – vulnerable sections.

• Provides Procedural flexibility

• Favours Compromise or Settlement of disputes

• Reduces burden of regular courts

• Awards are binding in nature