AIR 379 · CSE 2024 · GS2 · 50 pages

Ravish Mittal: GS2 answer copy

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

The questions

  1. Q2मूल संरचना का सिद्धांत आवश्यक और वांछनीय दोनों है। कथन का आलोचनात्मक परीक्षण कीजिये।10 marks
  2. Q18'Dignity is the essence of human life' and it is the objective of NHRC. Evaluate the (250 words) 15 performance of NHRC in preserving human rights.15 marks

The answers

Question 1 · 10 marks · 191 words written

"Repromulgation of Ordinance is a fraud on the constitution and a subversion of democratic legislative process". Substantiate.

Opening · a constitutional or legal provision

Act 123 and Act 213 of the Indian Constitution provide ordinance making powers to the president of India and the governor of states respectively.

Body · points and prose

Ordinance Repromulgation - Fraud on Constitution and democratic subversion

  1. It is violation of separation of power as bypasses legislation.
  2. It leads to subordination of parliamentary democracy.
  3. Blot on the participatory and representative aspects of legislature.
  4. Leads to supremacy of executive over other organs.
  5. SC judgements related to ordinance (a) RC Cooper case - Ordinance is subjected to judicial review (b) DC Wadhwa case - repromulgation of ordinance without scrutiny of legislation is illegal (c) Krishna Kumar case - Ordinance should be used in rarest of rare cases.

Necessity of Ordinance making power

① The present order is very dynamic. ② Executive, therefore needs a way of quick response to problems. Eg COVID-19 pandemic disrupted parliamentary proceedings. ③ Regular chaos in parliament, leading to poor efficiency. ④ Parliament is not active throughout the year. To deal with sudden situations.

Diagram
* Way forward * What cant be done by legislature in normal period shouldn't be enforced by ordinance * Get it passed in legislature when it re-assembles * Use only in time of crisis

Close · a way forward

Ordinance making power is a necessary component of constitution, which should be used to deal with crisis and not to bypass the democratic process.