Surabhi Yadav: GS2 answer copy

Contribution of Founding mothers

1- Right to equality (Article 14) - result of immense discussion.

2- Prohibition of discrimination on bases of sex (Art 16)

3- Replacing 'all men with all person' in lines with UNHRC (Hansa Mehta)

4- minority women rights (Art 29, 30) advocated by (Aizaz Razul)

5- Granting of Universal Adult suffrage without any conditional qualification (Sarojini Naidu ideas.)

They have shaped today's discourse.

Seen in :-

(1) Legislative Measures - 1- Nari shakti Adhiniyam and 33% Reservation in Panchayati 2- Maternity Benefit Act - (26 weeks leave) 3- Equal Renumeration Act - ensuring Article 19(1)(g) - Right to profession.

(2) Judicial Measures - 1- Vishakha v/s State of Rajasthan - Right to work with dignity 2- Shayra Bano case - Talaq-i-Biddat ensured women dignity 3- Shah Bano Case, 1985

Thus, in 75th year of constitution its important to recognise contribution of founding fathers as well as 'founding mothers' (CJ Chandrachud)

Privilege motion is a motion moved by the Members of Parliament in their respective house, whenever they feel there has been a breach of privilege of individual or house collectively.

To deal with Privilege motion, committee of Privilege has been created in both the Houses:

• Loks Sabha (15 members)
• Rajya Sabha (10 members)

Ways to examine

1- Privilege committee takes up the motion when passed by the speaker/chairman to the committee.

2- Aided by staff members to examine the facets & evidence to determine

• Based on Rules of Procedure of the house.

3- After its detailed investigation reports back to the speaker/chairman or to the house.

4- Speaker may take up the motion & House may determine suitable course of Action on the breach of privilege.

Privilege motion is the special power of the Parliament to ensure free speech (Art 105(2)) and to vote without fear (Art 105(3)). Thus, it should be use cautiously & [Codification of Privilege] to be considered for better objectivity.

While India adopted its Parliamentary form of government from the UK system mostly with Head of State as the nominal head.

Comparison of Powers

(A) Similarity

1- They are dejure (nominal) head and representative figures while defacto (real) power lies with PM. 2- They are not directly elected by the people.

(B) Differences

These roles reflect the Constitutional Principles:-

(1) In India - constitutional supremacy & Bile related powers mandated by the constitution (Art 76)

UK - Parliamentary sovereignty & Monarch lack any significant power.

(2) India - Republican govt (Preamble mentions, head of state elected)

UK - Constitutional monarchy.

Thus, Both the nations with many similarities yet diverge in various roles according to needs & evolution of society

Opposition is the constitutional Pillar to ensure smooth Democratic functioning as mentioned by Jawaharlal Nehru.

| Role of opposition |

1- checks Authoritarianism & Majoritarianism of the current government.

2- They asks questions and debate on Important questions. (eg) recent waqf Bill debates.

3- They prevent hasty passing of Bills. (eg) Digital Protection Act, 2024 multiple changes and amendments

4- They represent the minority interests in the government-

Measures to enhance effectiveness of the institution

1- Remove the 10% seat cap to elect an opposition leader

2- Dedicated days to raise question by opposition (New Zealand)

3- Promote Internal Party Democracy even in opposition.

4- Ensure non-partisan role of speaker. (Resignation like BN Rau 1st LS speaker)

Opposition, though not mentioned directly in the constitution but serve the imp needs of Democratic government.

The Constitution of India provides rights to all sections. The Recent Supreme Court Judgement in Aligarh Muslim University case has raised the question of Minority Education Institution Rights

Constitutional Provision

1. Article 29 - provides for the protection of Linguistic Culture & Religious minorities.

2. Article 30 -> provides for the establishment of education institution by Minorities to protect their interests.

Judicial Pronouncements Shaping Balance

1- Substantive equality is ensured by preservation of minority rights (Article 14) (Islamic Studies case)

2- TMA Pai Foundation case ensured that an Institution Aided & Recognised by the state apply Article 29(2).

3- Recognition of minority to the population less than 50% (DAV Foundation Case).

4- AMU represented via Registrar v/s Naresh Agarwal case supreme court ensured that :-

a) minority institute can have non-minority students (Equality) yet be Minority Institutions.

b) They can have secular studies & secular Administration.

Thus, SC and Constitution ensured a firm balance in two constitutional Rights (Art 14, 15, 16 & Art 29, 30) as protector and interpretor of Constitution.

Social entrepreneurship refers to the phenomenon where people take up business with the motive to benefit the vulnerable sections of the society. They are not guided by profit for self but profit for the participants.

India is becoming a hub for social entrepreneurship.

Complement the state in Inclusive Development

1. They can provide self employement to women besides DBT by the govern (eg) Mission Chetna

2. They can help children learn financial independence & knowledge (eg)

SHG-Bank linkage Programme through NABARD has helped accelerate the credit availability to women and ensure their financial independence.

Impact on Improving Rural livelihood

1- They provide mobility to women & thus learn -independence eg Jeevika (Bihar)

2- They help bring urban facilities back to villages. (eg) Gas cylinders instead of Chullah. -> SEWA or MAVIM in Maharashtra.

3- They help raise Economies of Scale eg Amse Mandali or Chamoli SHG.

Impact on Reducing multi Dimensional Poverty

1. Help raise family income.
2. Help in investing in Health due to increased accessibility.
3. Provide access to clean drinking water -> knowledge of government scheme like JJM, Tap water connection.
4. Help improve education - Female literacy yet @ (65% census 2011)
5. Promote Financial inclusion - UPI and internet connection linkages.

Thus, SHGs can help aid Rural livelihood & help move out of poverty (SDG goal 1).

With lack of representation of climate Issues in any parties election manifesto, it has become a citizens imperative to lead Environment movements.

Effectiveness of citizen-led Env Movements

1. Jurisprudence - SC declaring protection against climate change as a right under Article 14 and 21.

2. It has led to International intergovt adoption of measures.

• COP 29 in Brazil Loss & Damage Fund to deal with climate change - Adaptation.

1. Citizen led movements have led to better govt focus (eg) changing urbanisation plans in Bengaluru

2. Better mitigation strategies. (Eg) Odisha against cyclones.

However, there have been limitations

1. Largely remain on paper with no effective policy transmission.

Recent cases of TN governor R.N. Ravi Aggarwal, or Kerala governor have raised the question of gubernatorial overreach especially in opposition Ruled states.

Positions of Contentions -> Referring the Bills to President (Article -> Discretionaly powers of governor -> Article 356 calling (manipus) -> Role as chancellor & electing Vice chancellors. (West Bengal)

Gubernatorial overreach challenging the position of state government

1. Undermines the democratic mandate and will of the people. (TN

government trying to pass the NEET related Bill)

(2) Undermine separation of Power b/w legislative (state) & executive (governor)

(3) Undermine Federalism (Basic feature) (Case -

(4) Harms the Public welfare at large.

(5) undermine the Political stability in the State (eg Call for President's rule Art 356 Uttarakhand - overturned by HC as Malafide.)

(6) undermines the constitutional morality using discretionary power (eg calling the not majority party to form government in manipur & goa)

Safeguards to Mitigate the conflicts

1. Governor should strictly be a non-party member (Punchehi Commission)

2. Codification of situations where Bills to be reffered to President & Deadlines (SC in TN governor's case)

3. Article 356 should be used in rare case & subject to Judicial review (

4. Sarkaria commission suggestion on fixing the tenure & removal of the governor will reduce them being on mercy of Centre & thus more independent.

Constitution granted office of Governor as safeguard to the Federal government & should not act as speed breaker.

The Constitution in Part III (Article 12 to 35) grants Fundamental Rights to the citizen - they ensure Political Democracy.

Similarly - Part IV (Article 36 - 51) provides for DPSP that ensures Social & Economic Democracy.

However, since Shankari Prasad Case 1952 & Land Rights Issue, Fundamental Rights and DPSP have come in conflict over supremacy. Especially Article 31 (before Amendment) and Article 38, 39 of the constitution.

Evolution of the Relationships through Judiciary & Amendments:-

1. Champakam Dorairajan Case: Has established the Primacy of Fundamental Rights;

that they are absolute can't be changed to implement DPSP . Article 38 , 39(b)

• Distribution of Wealth , Art 39 (c) prement concentration of wealth in few hands.

(2) This led to Constitutional Amendments

1st CAA -> Introduced Schedule 9 & subjects placed under it were beyond Judicial Review -> to give effect to Welfare DPSPs It was supplemented by 7th CAA.

(3) This saw Retaliation & Judiciary Again in Golaknath Case established that- Fundamental Rights are absolute and can't be amended . It questioned the eulier amendments.

(4) It subsequently led to |24th & 25th CAA| It established - (1) FR can be amended (2) to give effect to Art 38 & Art 39

& doesn't challenge Art-14, 19 & 21

(2) No Judicial Review.

(5) The Debate was finally settled by

Kesavananda Bharti Case where it

upheld Art 28, 39(b)(c) > Art 14, 19, 21

But struck down NO JR provision.

It introduced that FR can be amended without altering Basic structure.

(6) It was later upheld in Minerva Mills case and Harmony & Balance ensured b/w FR & DPSP.

Thus, a long Constitutional (legislative) & Judicial interpretations led to balance.

They both are equally imp to have a progressive equal democracy.

The constitution of India doesn't mention the word federalism. However, K.C. Wheare has referred to Indian system as Quasi-Federal.

Cooperative Federalism in Constitution

1. Clear definition and roles of Centre & State & local bodies (Part V, VI and IX & IXA respectively)

2. Distinguishing of subjects for legislation

However, Political considerations have led to competitive and Confrontational federalism

1. Tensions b/w Centre Party and non-Centre ruled States are more stark.

(1) WB complain on non receiving of MNREGA funds.

(2) Confrontation through governors seen as agent of centre (TN, kerala)

(3) Quest for more grants from centre (special status demands by Bihar)

(4) Overreach of centre in State list subjects (eg AYUSHMAN BHARAT - though Health is a state suject.)

(5) Non devolution of funds, functions & Functionaries to local self government made them Handicapped (eg Jharkhand no State Finance Commission.)

(6) Investment attraction led to confront b/w states (eg Gujarat - VIBRANT Gujarat project v/s NE lacking infra)

Role of Constitution & Non-Const Institutions

(1.) Rajya Sabha - ensures states equal Represent (Art 80) and discuss issues regularly.

(2.) Inter State Council (Article 263) ensures representation from various states.

(3.) Original Jurisdiction of Supreme Court help reconcile Centre-State relations

Non-Const Inst:-

(1.) Zonal Councils - helped mitigate regional issues.

(2.) Programmes like Tamil Kashi Sangam ensure people-people connect & better governance

(3.) Local level discussions have ensured better relations. ->

Federalism is the spirit of Indian Identity It has upheld India as Ek Bharat-Shreshtha Bharat & we must uphold it.

Of the 5.7 lakh prisoners in India 75% of the prisoners are undertrial with over 8.6% serving over 3 years of jail term.

It reflects the systematic and procedural lapses in criminal justice system

1- shortages of judges especially in lower judiciary (28% vacancy) 2- Delay in proceedings by police dept. (low Police: Population ratio) 3- Frequent Adjournments by judges delay the procedure. 4- Lack of awareness of complicated judicial system

Recent Supreme Court Judgement-

Re: Inhumane Conditions in 1378 prisoners

highlights release of undertrial prisoners who complete 1/2 of their punishment period in non life imprisonment & Death penalty cases.

-> It also provides relief for 1st time offenders

Challenges

(1.) Identification and Release of Inmates

(2.) Can't be compensated for loss of Moral Dignity.

(3.) Increased Burden on Police to monitor released prisoners - calling on Dates.

(4.) Threat of Running Away

(5.) Further delay the justice Delivery.

(6.) Threat to the complainants & Intimidation

Approach to Address this crisis

1. Increase Judicial Recruitments - AJS recommended by.
2. Increase Police Recruitment (Prakash Singh Case)
3. Heavy Penalty for Frivlous complaints and FIR
4. Monetary Compensation for loss of employement opportunities {Present-Future}
5. Reduce Adjournment ratios - By monitory & Accountability of Judges.
6. Regional Benches of courts increase.
7. fast track courts and Tribunals.

Undertrial prisoners represent how the process in itself becomes the punishment. Innocent until proven guilty maxima to be upheld.

Indian Parliamentary system under Article 79 provides for 2 houses

• Lok Sabha (Art 81)
• Rajya Sabha (Art 80) with their functions listed by the Constitution

Challenges to Rajya Sabha fulfilling this vision.

1 - less number of Meetings (only 55 days in 2022) 2 - Nominated members not contributing

effectively (less than 50 days in 375 days of RS tenure -> Sachin Tendulkar)

3- Absenteeism by MPs.

4- Rivalry & Populism (Recent Remarks Objectionable - by opposition members)

5- Becoming safe net for contestants loosing in Direct elections.

6- Reduced debate & whip directions in RS also undermine freedom of speech (Art 105(2)) of MP

Despite these challenges [Rajya Sabha] continue to fulfill vision of Reviewing chamber.

1. Prevent Hasty Passage of Bills. (eg) Digital Protection Bill.

2. Referring the Bills to Joint Parliamentary

Committees.

(eg) Waqf Bill

(3) Introduced Expertise on subject matters.

(eg) PV Sindhu on sports related challenges.

(4) Represent Will of the states.

(eg) Discussion on One Nation One Election Bill.

(5) Discussion on otherwise politically sensitive issues. (eg) Increasing age of marriage for girls / Farm laws.

(6) Hold executive accountable through -

Question Hour, Zero Hour.

Thus Rajya Sabha isn't just speed Breaker But Reflect the Political conscience of the People.

To be a successful government policy. It needs caution as multiple levels

Importance of operation & Maintenance

1- Help in Periodic Review of the scheme & checks for lapses. (zero based Budgeting)

2- Helps in last mile delivery of the scheme (PDS distribution centres at local level)

3- Ensure quality service throughout & improved impact of the scheme. (g) Installing QR codes on PM Sadak Yojana Roads to maintain services.

4- Hold government accountability in terms of Budget allocation & outcomes.

Swachch Bharat Mission started on Oct 2nd, 2015, is one such scheme that had far reaching implications in Rural & Urban areas alike - making India defecation free.

Collective Action & Community Ownership ensuring long term sustainability

1- Ensure last mile reach of services.

• became last village to have defecation free.

2- Better Adaptability & Need Based Implementation of scheme - Panchayats

at forefront.

3- Include the vulnerable sections into scheme. (UNICEF - 90% of women reported feeling safe in toilets at home)

4- Impact future generation as well. (children learing basic habits like washing, hands, waste segregation)

5- De-stigmatisation (rag pichers as Safaischharmis, Ban on Manual Scanenging)

6- Better outcomes of the scheme and sanes Budget (installing Bio-toilets in Mahakumsh, UP)

Thus, individually we fall and collectively we can - achieve any target.

Freebies like electricity, water or distribution of TVs, Bicycles, Fridge etc have sparked debates on Electoral Promises, MCE and future impact on governance.

Freebies are Items that are given for free without analysis of Impact and changes in life of Beneficiaries. often done to get votes - electoral politics.

Example Free TV, Fridge, Bike

Schemes like 1- PDS distribution 2- MANREGA scheme.

Impact of Freebies on governance

(1.) Budgetary constraints -> Increase Fiscal Deficit -> constraints on future generation

(2.) may promote culture of demanding free benefits. (eg) electoral promises. Series of states MP, Maharashtra, Jharkhand, Odisha schemes on line of Ladli Behen Yojana.

(3.) Diverge funds from Impact making schemes (Atal Pension Yojana) to free items.

Impact of Welfare Measures on governance

(1.) Promote Substantive Equality

(eg) equal wages in MGNREGA

(2.) Promote Agri Sector by Preventing Suicide

(eg) PM Fasal Bima Yojana.

(3.) Ensure human Dignity

(eg) Swachch Bharat Abhijan

(4.) Have healthy population -> ↑ workforce productivity

(eg) JJM

(5.) Promote silver economy

(eg) PRANA portal for old Age.

Thus welfare measures may introduce social cohesion that aid governance & ensure India to become $5 trillion economy by 2030

India spends only 0.7 % of its Budget on Research work. In that too more than 80% is done by government sector.

Barriers to developing Robust Research Environment

1- Lack of funds. 2- Lack of private sector involvement. 3- Concentration in few sectors like ISRO, Digital India, Service Sector. 4- Long time to show any impactful Result. 5- Poor condition of PhD Institutes & students. Delayed stipend & fund shortage. 6- Pursuing high paying job as lucrative

than high academic acumen to pursue research in subject.

(eg) Biotech Branch students learning Coding in IITs.

To Address the Above challenge, government launched

Anusandhan National Research Foundation

It'll help -

1- Meeting the Funding Requirements. 2- Monitoring & Dedicated Institute will attract Interested students. 3- Infrastructure will aid in development 4- Expert guides & Professors shall help Research further.

Way Forward

1- Check corruption & ensure accountability.

2- Change in societal attitude

Research as safe career option in India, not abroad -> ensure speedy & good stipend.

3- Increase private sector participation.

4- Reduce funding challenges & barriers.

One Breakthrough in Research can aid company like NVIDEA to capture 70% of the world market, similar efforts can aid India to transform its future with excellent student base by preventing Brain Drain to USA silicon valley.

India adopted for Strategic Autonomy since its independence formulated by NAM by not joining any power bloc. Indie has balanced USA-Russia strategically in global uncertainty. It can do so with USA-china as well.

Strategic Autonomy seen in:-- 1- India joing QUAD with USA as major partner while also maintaining disengagement talks with china after Galwan Valley Issue.

2- while India hold trade surplus with USA, it ensures its needs are fulfilled by necessary imports from China.

Challenges with current USA-china Rivalry

1- Global uncertainty - leading to stock market crashes in India - Instability. 2- It may trigger imported inflation in India -> USA imposing 20% tariff & counter tariff by china 3- Strategic Military standings in Indo-Pacific region. China may further push control in South china Sea & increasing USA presence in Indian Ocean (eg) AUKUS, QUAD.

However, Rivalry also offers opportunity for India

1- Becoming alternative for china in Asia -> the export -> FDI & Manufacturing market. (eg) iPHONE factory in TN may expand further + TESLA etc LV etc.

2- May push for further disengagement talks. -> chinese foreign Minister Wang Yi's willingness. -> Reduce trade deficit with china.

Ways for India to Navigate

(1) Diplomatic stance without making public comment on taking sides.

(2) Mapping India's interests and Increase Engagement - (eg) Buying Apache from USA to strengthen Military - deal with any Pakat of Sinder like issue.

(3) Maintain Diaspora ties -> USA & Cultural ties Buddhism in china.

Thus, India can deal with Uncertain strategies of Trump along with Retaliatory schemes of china to the best suitase needs guided by our Able foreign Affairs minister [S. Jaishankar]

India launched India- Middle East Economic Corridor (IMEC) in its G20 Presidentship held in Delhi, 2023.

Member countries include - India, UAE, Saudi Arabia, Greece, Italy, USA.

It is also part of G7 larger project PGII as opposed to china's BRI.

Fig: Connectivity & Major Port of IMEC

Turning Point in India's connectivity Diplomacy

(1) Gines India access to Gulf countries.

-> & further to Europe - alternate to Suez Route aswell.

(2) Moved from local regional connectivity project - IMT trilateral highway, Kaladan Multi modal project

-> to global projects.

(3) Ensure India's alternate to China's advances in Gulf (brokering Peace pacts)

Its strategic Relevance for India

1- Geopolitical significance

• India's presence in Gulf country counter china

2- Economic significance

• Reduce costs by 30% and time by 40% for India in Middle East

• Help raise funds. 3- Help maintain strategic autonomy for India. 4- Counter to Ring of Pearls strategy of china against India.

Challenges → geopolitical instability post USA-Iran escalations → economic funding- plan to raise $ 600 M by 2035, but many countries still not part- e.g Turkey → lack clear roadmap

WF