A topper · GS2 · 47 pages

Madhav Agarawal: GS2 answer copy

13 answers by Madhav Agarawal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

  1. Q1Explain the significance of Judicial Review as a part of the Basic Structure Doctrine. How does it act as a check on the powers of other organs of government? 2. The status of the National Capital Territory (NCT) of Delhi is 'sui generis'. Discuss the implications of this status on the power-sharing arrangement between the Lieutenant Governor and the elected government of Delhi in light of recent judicial pronouncements and legislative changes.
  2. Q3Discuss the role of judiciary in resolving the conflict between the right to freedom of religion and constitutional morality.
  3. Q44:
  4. Q55
  5. Q6Discuss the role of Civil Society Organisations (CSOs) in the governance of India. What are the issues associated with them and how can they be strengthened? (15 Marks, 250 Words) Q7: "The 21st century belongs to those who can learn, unlearn, and relearn". Discuss the importance of lifelong learning for civil servants and the role of Mission Karmayogi in this regard. Q8: India is emerging as a role model to tackle poverty. Discuss the need for redefining the poverty line in India, along with its associated challenges.
  6. Q99.
  7. Q1010
  8. Q13Judicial activism is an assertive and proactive role played by the judiciary to fill the vacuum created by other organs of the state. Discuss with examples, while highlighting the potential tensions it creates.
  9. Q14Discuss the importance of internal democracy in political parties and the reforms needed to address its absence.
  10. Q15The National Human Rights Commission (NHRC) of India can be called the 'watchdog of human rights in the country'. Critically evaluate the role and effectiveness of the institution.
  11. Q17Decentralisation of governance is pivotal for the achievement of SDGs. Comment.
  12. Q18The Protection of Children from Sexual Offences (POCSO) Act, 2012 has brought an overarching framework for the protection of children from sexual offences. Discuss its implications on the rights and welfare of children, highlighting its successes and shortcomings. 19. The India-US relationship is often described as a 'defining partnership' of the 21st century. However, recurring tensions over issues like human rights, democratic values, and press freedom continue to challenge this bilateral engagement. Elaborate.
  13. Q20While India aspires to become a 'Vishwa Mitra', it still remains 'boxed up in South Asia'. Discuss the geopolitical challenges India faces in its neighborhood and suggest a way forward to navigate these challenges.

The answers

Question 1 · 400 words written

Explain the significance of Judicial Review as a part of the Basic Structure Doctrine. How does it act as a check on the powers of other organs of government? 2. The status of the National Capital Territory (NCT) of Delhi is 'sui generis'. Discuss the implications of this status on the power-sharing arrangement between the Lieutenant Governor and the elected government of Delhi in light of recent judicial pronouncements and legislative changes.

Opening · a definition

Judicial review is the power of courts to pronounce on the constitutionality of actions of legislature/ executive/ or self. (Article 13, 32, 226) Judicial review is part of Basic Structure Doctrine (BSD) via Minerva Mills Case.

Yes, most important:

Body · points and prose

hold law & equality before law

Judicial review is part of Basic Structure Doctrine (BSD) via Minerva Mills Case.

Yes, most important:

(1) Helps ensure constitutionalism. (eg: Shreya Singhal case (66A turned down))

(2) Ensure judicial independence & freedom. (eg: Turning down NJAC 99th Amendment Act)

(3) Ensures check & balance which is required to avoid concentration of power.

(4) Protect rights of ordinary citizens e.g.: MIGRANT issue, review of policy. : Bail for undertrials (Satish Chandra case)

Yet there are other important aspects too in BSD such as:

(1) Secularism : key to uphold Sarva Dharma Sadbhav in diverse country

(2) Federalism : (SK Bommai Case) ensure democratic decentralization.

(3) Separation of power : basic feature as per Kesavananda Bharti case.

Close · a way forward

Judicial Review is a power that comes with lot of responsibility and must be used with judicial accountability & restraint (as per Aravalli Golf course case).

The status of National Capital Territory (NCT) of Delhi is special and derives its powers from Article 239AA (69th Constitutional Amendment Act).

In NCT of DelhiIn other states
Head of ExecutiveLieutenant Governor (LG)Governor as head (Article 153)
Aid & Advice(1) Acts as per aid & advice of CoM for matters other than public order, police & land (Govt of Delhi Case 2018) (3) For other matters can take own discretion(1) Has to act on aid & advice of CoM in the state (2) Has some discretionary powers too (like reserving bill to president Article 201)
In NCT of DelhiIn other states
Acting as 'goverment'Derive powers from latest NCT of Delhi ActNo such powers here.
Matters incidental to the three subjectsCan be covered & taken up even if the case is 'incidental'No such application here.
Roles given from TAC under Vth scheduleNot applicable here.given powers for tribal welfare

The Delhi Model must maintain the 'triple chain of accountability' as called by Supreme Court. LG must adopt restraint and exercise matters in its purview with care. The WASHINGTON model can be guiding light for governance of delhi in future.