AIR 55 · CSE 2024 · GS2 · 58 pages

Ritika Chitlangia: GS2 answer copy

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

The questions

  1. Q1The rule of law and judicial review are interdependent, as one cannot truly exist without the other. In this context can judicial review be considered the most important aspect among those that constitute the basic structure of the Constitution?10 marks
  2. Q2How does the power and authority of Delhi's lieutenant governor compare to that of the governors of other states, particularly in terms of acting on the aid and advice of the council of ministers?10 marks
  3. Q3Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in recent times. Refer to relevant case laws.10 marks
  4. Q4The principle of 'Separation of Powers' is a key feature of the American Constitution. In this context, compare how the Indian Constitution's functional separation of powers distinguishes itself from the US system. What are the advantages of a check and balance system over a rigid Separation of Powers?10 marks
  5. Q5The Sixth Schedule of the Indian Constitution is more than a legal provision that empowers tribal regions with self-rule. How does the sixth schedule foster development while respecting their traditional governance systems and cultural practices?10 marks
  6. Q6Federal governance is characterised by institutionalized arrangements for solving problems generated by pluralism based on consultation and mutual consent. How have Zonal Councils evolved from merely advisory bodies to proactive platforms for action?10 marks
  7. Q7Secularism under the Indian constitution is encapsulated in the broader concept of constitutional commitment to equality. Discuss.10 marks
  8. Q8'There is a need to shift the focus of Section 8 of the Representation of People Act, 1951 from the duration of the sentence to the gravity of the offence.' Comment on how the current classification under Section 8 leads to arbitrary categorisation of offences. Also, mention the remedies available to a person disqualified under this section.10 marks
  9. Q9What is the significance of the Leader of Opposition in the Indian parliamentary system? How does the role of the opposition contribute to the checks and balances in a democracy?10 marks
  10. Q10"The core ideals of the Preamble - sovereignty, socialism, secularism, and democracy - form the bedrock of India's constitutional framework." Elucidate.10 marks
  11. Q11In what ways are the Terms of Reference for the Sixteenth Finance Commission different from the earlier Finance Commissions? Also, examine the factors that propel economic disparities across states, despite the Finance Commission devolution becoming increasingly progressive.15 marks
  12. Q12Compare and contrast the powers and working of the Ethics Committee and the Privileges Committee in addressing cases of 'unethical' conduct and breach of privileges. How do these Committees complement each other in maintaining parliamentary discipline?15 marks
  13. Q13In the context of persistent legislative dysfunction in India, analyse the evolving role of judicial activism in shaping public policy and governance. Using examples from landmark court cases, evaluate the effectiveness of judicial interventions in addressing governance gaps and safeguarding citizens' rights.15 marks
  14. Q14To what extent does the level of internal democracy within political parties impact the functioning and legitimacy of the Indian party system? What reforms can address the challenges of inadequate intraparty democracy in India?15 marks
  15. Q15"The NHRC must not only be a watchdog but also a beacon of hope for the marginalised and oppressed." In this context discuss the role and mandate of the National Human Rights Commission (NHRC) in India. How does the current composition and functioning of the NHRC affect its independence and effectiveness?15 marks
  16. Q16Electoral funding in India is fraught with the double whammy of legal loopholes and political inefficiencies. In this context, discuss the challenges to electoral funding. What lessons can India draw from global best practices in this regard?15 marks
  17. Q17Pressure groups form the social foundation of a democracy. In this context, discuss pressure groups' key contributions in promoting social security measures for workers in India, and how they address the gaps in existing policies.15 marks
  18. Q18The Constitution envisages the "principle of federal supremacy" in the executive space of Indian federal polity. Discuss while referring to the relevant Constitutional provisions and case laws. How are contentious issues regarding the distribution of powers resolved?15 marks
  19. Q19Delimitation of seats is essential to ensure fair representation and uphold the principles of one vote, one value. Highlighting the challenges posed by misrepresentation in constituencies analyse the ramifications of population-based delimitation in creating federal tension.15 marks
  20. Q20To what extent can the PIL system be held responsible for shifting the focus of the higher Courts from “constitutional matters” to day-to-day matters? What role can the trial Courts play in reducing the overall burden on higher Courts?15 marks

The answers

Question 1 · 10 marks · 221 words written

The rule of law and judicial review are interdependent, as one cannot truly exist without the other. In this context can judicial review be considered the most important aspect among those that constitute the basic structure of the Constitution?

Opening · a definition

Rule of law refers to the primacy of legal standards, where 'Lex is Rex' i.e. law is king, whereas judicial review refers to power of judiciary to review the constitutionality of any law.

Body · points and prose

Rule of law & Judicial Review

(1) Rule of law upholds that no person can be punished without violation of law. → Judicial review ensures that the legislative & executive wings cannot arbitrarily punish any one. Eg: striking down of sec 66 of IT Act in Shreya Singhal case.

(2) Rule of Law ensures that all persons are equal in front of the law. → Judicial Review ensures that principles of equality are upheld. Eg: disqualification of sitting MP/MLA upon conviction (Lily Thomas, 2013) (3) Judicial Review cannot exist without Rule of law, as it ensures separation of power, constitutionalism and independence of judiciary.

Importance of Judicial Review vis-a-vis Basic structure of constitution

(1) Judicial Review is the most important feature, because it is only through Article 32, 226, 13 etc. that judiciary evaluates the constitutional validity of any law and if it violates the basic structure. (2) Judicial Review's absence will lead to nullification of Basic structure doctrine, as no accountability mechanism will be present.

Close

Therefore, federalism, secularism, basic structure virtues, rule of law, also stand in an umbrella of protection provided by judicial review.