A topper · CSE 2023 · GS2 · 51 pages

Benjo Jose: GS2 answer copy

20 answers by Benjo Jose, as written in the test. Each question opens a page with how other toppers answered it.

The questions

  1. Q1Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.10 marks
  2. Q2The power of pressure groups lies not in their size or elaborate organization, but in their ability to mobilize public opinion and create lasting change. With help of relevant examples, discuss how informal pressure groups shape public policy.10 marks
  3. Q3Analyse the reasons for degeneration of parliamentary functioning in recent time. Also, suggest measure to make the parliament more productive.10 marks
  4. Q4Subordination of investigative agencies to the executive is fraught with disastrous consequences. Discuss the statement in light of the criticism of the Central Bureau of Investigation as a "caged parrot".10 marks
  5. Q5The Election Commission of India has a vital role in building a robust framework of electoral democracy. Highlighting challenges associated with the functioning of ECI, suggest measures to reform the body.10 marks
  6. Q6Anti-defection law has failed to address and resolve the evil of political defection satisfactorily. Discuss various issues surrounding the Anti-defection law and recommend some corrective measures.10 marks
  7. Q7What do you mean by 'doctrine of essentiality'? How has judiciary used this doctrine to address conflict between various fundamental rights? Explain with examples.10 marks
  8. Q8Frequent reliance on the ordinance making power by the government, not only dilutes the basic tenets of executive accountability in a parliamentary democracy, but also overlooks the democratic traditions of building consensus. Discuss with relevant examples.10 marks
  9. Q9"Bail not Jail" is the cardinal principle that upholds the sacrosanct ideas of individual's liberty and dignity. Explain the statement, citing various case laws.10 marks
  10. Q10Dispute redressal is the most important component of cooperative federalism. How does the Interstate Council facilitate the resolution of disputes related to states in India, and what are the challenges associated with this process?10 marks
  11. Q11Despite its vital role for the smooth functioning of the body politic, constitutional punctuality remains conspicuous by its absence. Discuss.15 marks
  12. Q12Electoral bond was brought in as a reform that was high on intent but has proved to be low on substance. Do you agree? Justify.15 marks
  13. Q13Considering the non-enforceable nature of fundamental duties and directive principles of state policy, critically examine their impact in socio-political norms.15 marks
  14. Q14Referring to the case laws through which the collegium system in India evolved, critically assess its functioning.15 marks
  15. Q15Democracy thrives on disagreements; critical and dissenting voices make a society vibrant. In your opinion, do limitations on hate speech infringe right to freedom of speech and expression? Discuss how hate speech impacts the society and ways to restrain it.15 marks
  16. Q16Why is it important to ensure separation of powers between various organs of the State? Also, explain Indian model of separation of power with relevant provisions in the constitution.15 marks
  17. Q17What do you understand by the First Past the Post System (FPPS)? Why was FPPS preferred over the Proportional Representation (PR) system for elections to the Lok Sabha/Vidhan Sabha? Also, critically examine the consequences of this preference.15 marks
  18. Q18Compare the position of the Speaker in Indian and British parliamentary system? Also, discuss various controversies related to functioning of Office of Speaker in Indian context and suggest corresponding reforms.15 marks
  19. Q19Why was parliamentary form of government adopted for independent India? Do you agree with the opinion that Indian government is increasingly transitioning towards presidential form? Justify.15 marks
  20. Q20The Representation of People's Act, the bedrock of free and fair elections in the country, has failed to keep pace with the contemporary challenges. Highlighting the shortcomings in the legislation, suggest reforms to make it more effective.15 marks

The answers

Question 1 · 10 marks · 179 words written

Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.

Opening

Basic strutre of the Constitution has been called the 'North Star', guiding light of Indian constitution by the chief justice of India.

Basic strutre doctrine prevented Parliament from becoming master of constitution.

Body · points

  1. Parliament cannot amend Fundamental Right to the extent that it violates Basic strutre.

[Kesavand Bharati case, 1973]

  1. [Minerva Mills case, 1980]
  • balance between Fundamental Right and DPSP sought by going back to basic strutre doctrine

  1. Supremacy of Constitution quaranteed

  2. Independence of Judiciary - NJAC Amendment Bill; struck down as violative of Basic structure.

  3. [Waman Rao case] - Doctrine of Basic structure to apply to all case after 1973.

concerns with Doctrine

  1. Opaqueness of Judiciary prevents parliamenty and popular sovereignty

  2. makes the judiciary all powerful in exercise of its powers.

  3. unique invention of Indian jurisprudence; absence of parallel else where

  4. against Doctrine of Seperation of Powers

Close · a way forward

Basic structure doctrine with ideals like socialism, access to justice; independence of courts must be used 'optimally' so that sovereignty of people vested in Parliament is not negated in its exercise