AIR 12 · CSE 2022 · GS2 · 56 pages

Abhinav Siwach: GS2 answer copy

16 answers by Abhinav Siwach, as written in the test. Each question opens a page with how other toppers answered it.

The questions

  1. Q1Do you agree with the view that time has come to revisit the Seventh Schedule of the Indian Constitution? Discuss with suitable arguments.10 marks
  2. Q2Highlighting the advantages of online dispute resolution (ODR) mechanism for justice delivery, discuss the challenges associated with its effective implementation in India.10 marks
  3. Q3Despite the constitutional division of powers, Centre-state disputes have been a perennial feature of Indian democracy. Discuss with examples.10 marks
  4. Q4Do you agree with the view that adopting a framework for lobbying will strengthen participative governance and ease of doing business in India?10 marks
  5. Q5Despite the government encouraging open source instead of proprietary technology for government applications, the true potential of Free and Open Source Software (FOSS) and digital platforms remains unrealized. Discuss.10 marks
  6. Q6As a social safety-valve, non-governmental organisations (NGOs) can be the principal vehicles through which communities voice their concerns. Discuss.10 marks
  7. Q7Despite being lauded for its patient centric approach, the implementation of the Mental Healthcare Act, 2017, remains sluggish and mired with various issues. Discuss.10 marks
  8. Q8Do you agree with the view that time has come to formulate an Urban Employment Guarantee scheme at the national level? (Answer in 150 words) Although the New Education Policy brings with itself a commendable vision, its success will depend on its ability to effectively integrate with the government's other policy initiatives. Discuss.10 marks
  9. Q9Discuss the relevance of BIMSTEC as a regional organisation to fulfil India's strategic aspirations in the Indian Ocean Region.10 marks
  10. Q10Discuss the relevance of the Gujral Doctrine for India with regard to its relations with its immediate neighbours in the present times.10 marks
  11. Q11Highlight the pivotal role of the "Officers of Parliament" in the Indian Parliamentary system. Also, discuss the constitutional and statutory provisions for their impartial functioning.15 marks
  12. Q12The Finance Commission plays a crucial role in balancing fiscal federalism in India. In this context, examine the recommendations given by the 15th Finance Commission.15 marks
  13. Q13Critically assess whether according statutory backing to the Model Code of Conduct will contribute towards free and fair elections in India.15 marks
  14. Q15There is an urgent need for effective whistle-blowing mechanisms and ensuring that necessary safeguards for the protection of whistle-blowers are established in both public and private spheres in India. Discuss.15 marks
  15. Q17Public-Private Partnership model, if harnessed properly, has the potential to bridge the gaps in India's healthcare system. Discuss.15 marks
  16. Q19The Indo-Pacific Economic Framework for Prosperity (IPEF) is born from a collective desire to make the Indo-Pacific region an engine of global economic growth. Comment. Also, discuss India's concerns in this context.15 marks

The answers

Question 1 · 10 marks · 501 words written

Do you agree with the view that time has come to revisit the Seventh Schedule of the Indian Constitution? Discuss with suitable arguments.

Opening · a constitutional or legal provision

None written.

Body · points and prose

Article 246 of Constitution contains Seventh Schedule which divides the legislative powers of subjects in 3 lists:-

Diagram
7th schedule Union list (100 subjects) ← → Concurrent list (52 subjects) ↓ State list (61 subjects)

Time has come to revisit 7th schedule:

  1. Centralisation:- is seen by the centres due to more subjects in Union list.
    • (g) - Telangana CM recently called for revisiting the concurrent list.
  2. Encroachment:- of powers of State is seen by legislation on concurrent list.
    • (g) - subjects like education, forests, etc.
  3. Power used by centre to legislate on state list in extraordinary situations.
    • (g) - During COVID-19, centre gave directions on health which was a state subject.
  4. Distorts federal balance - presence of more subjects in Union list, concurrent list use by Centre distorts sharing of powers.
  5. Recently, 15th Finance Commission also called for revisiting Seventh Schedule.

But division of powers is useful -

  1. Fulfills federal ethos as states can legislate on State and Concurrent list.
  2. Ensures flexibility in Constitution.
  3. Gives opportunity to Centre to exert unity, sovereignty, integrity of India.
  4. Centralising tendency prevents fissiparous developments by states.
  5. Central, Concurrent list used in war, emergency.

Way forward (1) Sarkaria commission recommends that there should be minimal subjects in Concurrent list. (2) Punchhi commission - state to be consulted before legislation on Concurrent list. This can ensure Sabka Sath, Sabka Vikas.

Recently, there have been amendments proposed to Competition Commission of India (2002) to strengthen the regulatory process of the statutory regulator.

Diagram
MRTP Act (1979) → CCI Act (2002) → CCI (Amendment Act) (2022)

Market Disruption needs fair competition

  1. Market disruption by Artificial Intelligence, Data tracking, etc.
  2. Dominance of GAFA (Google, Facebook, Amazon, Apple).
  3. High barriers to entry to new players.

Need to revamp CCI ! -

  1. Lack strong regulatory powers as compared to the Western counterparts such as US - Anti Trust Agency.
  2. It was found that despite violations, limited penalty of only Rs 60 crore was imposed by CCI.
  3. Does not take into consideration the newer forms of monopolies created by e-commerce, digital transactions, presence of cross-border flows.
  4. lack of enforcement powers - limited criminal sanction, cancellation of license done by CCI.
  5. Time taking - by CCI to give a decision in case of violation.
  6. limited infrastructure and fiscal, human resources to tackle monopoly.
  7. lack of single common nodal agency for anti-trust, monopolistic activities.

Utility of CCI :-

  1. Ensure fair competition in the market.
  2. Corrects monopolistic tendencies due to monopoly or oligopoly. (g) - CCI fined 6 cement manufacturers for fixing prices.
  3. Prevents dominant player from misusing its dominant position in market. (g) - CCI fined BCCI for dominant position misuse.
  4. Prevents information asymmetry between players. (g) - Google controls 80% of searches.
  5. Ensures fair practices to small, new players in market.

Ways to Revamp - (1) More teeth to be given to CCI as per Injeti Srinivas Committee (2) Presence of nodal, single regulatory agency (3) Defining dominant position and specifying guidelines on it. These will lead to information symmetry and unleash market spirit (Economic Survey 21).

Close · a way forward

None written.