AIR 57 · CSE 2022 · GS2 · 52 pages

Aditi Varshney: GS2 answer copy

17 answers by Aditi Varshney, as written in the test. Each question opens a page with how other toppers answered it.

The questions

  1. Q1Do you think that the Preamble is just a preface to the Indian Constitution and serves no other significant purpose? (10 marks, 150 words) What do you understand by the principle of subsidiarity? Explain how the 73rd Constitutional Amendment Act strives to achieve this principle. (10 marks, 150 words) How do the provisions of the recently passed Election Laws Amendment Act, 2021 helpful in addressing the issue of duplicate voting? Also, highlight the concerns associated with the Act. (15 marks, 250 words) "Our Constitution would be both unitary as well as federal according to the requirements of time and circumstances." Discuss. Highlight the challenges faced by Indian federalism in the present times and circumstances.10 marks
  2. Q2The Right to be Forgotten is an integral part of individual autonomy and forms a basic pillar of the right to privacy. Comment.10 marks
  3. Q3Analyze the significance of the office of the speaker in improving the legislative quality of the Parliament.10 marks
  4. Q4Ordinance making by the executive is violative of the Principle of Separation of Power. Do you agree that the constitutional and Judicial safeguards have been successful in preventing the misuse of such powers?10 marks
  5. Q5Provide a brief comparison of Constitutional scheme of South Africa with that of India.10 marks
  6. Q6Defiance in the current regulatory system stem from deeper rooted problems in the regulatory structure. In this context, highlight the need of a principles based regulatory system in India.10 marks
  7. Q8India's engagement with the Taliban may or may not achieve much, but non-engagement will definitely hurt India's interests. Examine the statement in light of steps taken by the government of India.10 marks
  8. Q9"Indian Diaspora is the true and permanent ambassadors of the country". In this context, bring out the significance of the Indian diaspora with suitable examples.10 marks
  9. Q10Comment upon the evolving nature of India-UAE relations with suitable examples.10 marks
  10. Q11Alternative Dispute Resolution (ADR) mechanisms have the potential to change the judicial landscape, however, their outcomes are very limited in scope. Do you agree? Substantiate your views.15 marks
  11. Q12There seems to be no end to the debate surrounding the nature and extent of parliamentary privileges. In this regard, assess the need for codification of Parliamentary Privileges. Also, highlight the judicial pronouncement in the direction of bringing clarity to parliamentary privileges.15 marks
  12. Q13Highlight the need for the creation of an independent umbrella authority for central investigation agencies. Do you think it will solve the concerns associated with the status of 'Caged Parrot' of CBI?15 marks
  13. Q14The recent Russia-Ukraine war has deepened the Sino-Russian engagement. Analyze its geopolitical implications for India?15 marks
  14. Q15BIMSTEC lies at the crossroads between SAARC and ASEAN, drawing its energy from the natural convergence of the countries around the Bay of Bengal. Discuss.15 marks
  15. Q16The Rajya Sabha is not only a House for second thoughts but is also a guardian of a state's interests. In this context, critically examine if Rajya Sabha has lived up to its expectations.15 marks
  16. Q17The vital role envisaged for the office of Comptroller and Auditor General (CAG) necessitates its independence. Comment.15 marks
  17. Q20Though Public Interest Litigation (PIL) were instruments for the common man to reach higher judiciary, with vested interests, it has turned into "Personal Interest Litigation". In this context, provide a critical account on the performance of PIL in India.15 marks

The answers

Question 1 · 10 marks · 674 words written

Do you think that the Preamble is just a preface to the Indian Constitution and serves no other significant purpose? (10 marks, 150 words) What do you understand by the principle of subsidiarity? Explain how the 73rd Constitutional Amendment Act strives to achieve this principle. (10 marks, 150 words) How do the provisions of the recently passed Election Laws Amendment Act, 2021 helpful in addressing the issue of duplicate voting? Also, highlight the concerns associated with the Act. (15 marks, 250 words) "Our Constitution would be both unitary as well as federal according to the requirements of time and circumstances." Discuss. Highlight the challenges faced by Indian federalism in the present times and circumstances.

Opening

Preamble of India constitutes the basic philosophy underlying the Constitution - it serves as an identity card (NA Palkhivala remarked).

Body · points and prose

Preamble as a preface

(1) It only gives a gist of the Constitution, serves no other purpose. (2) Non-justiciable in nature.

  • Keshavananda Bharati case. (3) Does not limit powers of the state. (4) Neither it provides any obligatory duty on the part of state.

However, the role of Preamble is much wider!

  1. It acts as a key to Constitution makers' minds. (Re Berubari Union case remark by SC)
  2. Helps Judiciary interpret the constitution
  3. Binding moral force for Indians. Strengthens unity - seen during protests
  4. Delineates Nature of Indian state (Socialist, secular, Sovereign, Democratic, Republic) Ex - Uphold goals of the nation (Justice, liberty, Equality) for common man.

Above all, the Preamble provides for the Ultimate Authority - which is "WE THE PEOPLE"!

Subsidiarity refers to the devolution of powers to the lower levels for effective, evidence based decision making. It makes a case for Bottoms up governance opposed to Top-down approach.

73rd Constitution Amendment achieving Principle of Subsidiarity.

⇒ It provides constitutional status & framework of Rural Panchayats which makes up for ground level governance & decision making → minimizing distance between government and citizens. ⇒ It seeks to ensure direct democracy with the participation of Gram Sabhas. ⇒ It gives enough powers to PRIs to decide upon issues of local nature and implement poverty alleviation schemes e.g. MGNREGA, Jal Jeevan Mission. ⇒ PRIs enhance political participation of people → resulting in their empowerment. It also ensures women empowerment - 1/3 rd reservation.

The principle of subsidiarity was significant during covid when more powers were devolved to PRIs to deal with local situations like rural stress, migrant influx back to villages.

Election Laws Amendment Act 2021 aims at linking Electoral rolls with Aadhaar database to weed out duplicate votes.

Diagram
- Central Node: Need of Bogus free voter list - Sine Qua Non for Free & fair elections - Ensures one vote-one person-one value - Helps in effective delimitation exercise

Features of the Bill

  1. Linking Aadhaar database to Electoral list
  2. Multiple dates for qualification. → from Jan 1 → 4 dates in a year.
  1. Gender Neutral wording of law from 'wife' of service voter → 'spouse'
Diagram
- Significance of Bill - ensures Bogus free electoral list - effective functioning of EC - more dates will reduce one time work load - Recognition of making gender neutral laws

Concerns Associated with law

  1. Fear of mass Disenfranchisement → many people do not possess Aadhaar
  2. Aadhaar is voluntary (SC ruling) and thus cannot be made a compulsory feature
  3. Concerns around privacy. → Electoral data is separate from government database → the linking may give access to ruling party.
  4. Harms credibility to the idea of free & fair elections.
  5. Reduces trust in the transparency of electoral data.
  6. Aadhaar itself has many errors & duplications → may fail to serve intended function.

Government needs to address the above concerns to ensure trust in election machinery while at the same time devise rectifications to prevent bogus voting.

Dr BR Ambedkar argued that Indian federalism has been designed to meet its unique needs - of ensuring adequate autonomy to states while keeping the sovereignty of the union intact.

Balancing both unitary & federal features - as per time & circumstance.

(A) Federal features :-

  1. States in normal times have an independent role - as per constitution.
  2. Schedule 7 - effectively demarcates division of powers between Union & states → prevents encroachment of powers.
  3. Independent Judiciary for dispute Resolution eg→ Reading down 97th CAA 2012; laying down Federalism as Basic feature - in Bommai case
  4. States effectively criticise and raise voices against any encroachment on its powers. eg→ During increase in territorial limits of BSF - Bengal & Punjab raised concerns.

(B) Unitary features/need

  1. To maintain unity of the nation eg→ Emergency during 1962, 75 was necessary
  2. For national defense - eg) increasing BSF limits
  3. For national development & standardisation eg: ONORC, ENAM.
  4. Integrated Judiciary for standardised & Uniform laws - Reduces confusion & instills National values.
Diagram
- Challenges in Recent times - Role of Governor - has been politicised - eg: NEET Bill - Encroaching upon States' powers - 3 Farm laws - 97 CAA - GST - took away fiscal equilibrium of states - Article 356 - Article 282

Close

In a country as diverse as India and external security challenge - Centre needs an upper hand - however it has ensured considerable autonomy to states in the light of Judicial review & constitutional Mandates.