UPSC Mains General Studies Solved Paper (2013) - "Paper-3 : Governance, Constitution, Polity, Social Justice and International relations"
Q1. The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law which was legislated but with a different intention? (200 words) 10
Answer:
Parliament can be effective only if individual MPs have a significant role as law makers, and if they can be held accountable for their actions by their electorate. In the last few years, we have seen the role of individual Members of Parliament diminish on account of the Anti-Defection Law. For example, when the issue of FDI in retail was voted upon, all MPs voted on party lines. It is difficult to believe that every Congress MP supported the move, or that every BJP MP opposed it, or that every MP of the BSP had no opinion on the issue and decided to abstain.
Two argument are often made in support of the Anti-Defection Law-
One argument is that this Law would ensure stability of the government in an environment where money power can be used to persuade individual MPs to bring down elected governments. The other argument is that MPs are elected on the party ticket. Voters have exercised their preference for a set of policies espoused by the party, and therefore, MPs should be bound by the decisions taken by the party.Whereas there may be some merit in the first argument, there is a flaw in the second one. Voters decide on a combination of particular candidates and their support for the political parties. The Anti-Defection Law removes the need for the government to build a broad consensus for its decisions. The ruling party can ensure the support of each of its MP by issuing a whip. If it needs to build further support to get a majority, it only needs to convince the leaders of other parties, and not individual MPs. In a sense, the role of an MP is diminished to just a person who has to follow orders from the party bosses.Parliament can be effective only if individual MPs have a significant role as law makers, and if they can be held accountable for their actions by their electorate. The Anti-Defection Law is a major impediment, and we need a wider public debate on this issue.
Q2. Discuss -Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. (200 words) 10
Answer:
The Ministry of Communication and Information Technology, in its affidavit, defended section 66A of the Information Technology Act under which the two girls from Palghar were arrested by Thane police. The section states that any person who sends, by means of a computer resource or communication device, any information that was grossly offensive or has a menacing character could be punished with imprisonment for a maximum term of three years, besides imposing appropriate fine.
The ministry said the provision does not curb freedom of expression and speech guaranteed under Article 19(1) of the Constitution, as it does not provide absolute freedom but imposed certain reasonable restrictions. It further said that the advisory issued by the Centre not to effect arrest under Section 66A of the IT Act without prior permission from senior police officers would rule out unnecessary detentions in future. The Maharashtra Government, which was asked to explain the circumstances of arrest, admitted that arrests of the girls for making comments on the shutdown of Mumbai for the funeral of Shiv Sena Chief Bal Thackeray, were “unwarranted” and “hasty” and “cannot be justified”. It said the Thane police SP (Rural) has been suspended for arresting the two girls despite an instruction by the IGP not to do so. The court had sought response from the Centre on the amendment and misuse of section 66A of IT Act and had also directed the Maharashtra government to explain the circumstances under which the two were arrested.
Q3. Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution. (200 words) 10
Answer:
Nagas are agitated over what they perceive as the Centre’s “threat” to override the exceptional status they enjoy under Article 371A of the Constitution. Veerappa Moily, the Union Minister of Petroleum and Natural Gas, asked the Nagaland Legislative Assembly (NLA) to withdraw the Nagaland Petroleum and Natural Gas Regulation, 2012 (NPNGR) that it framed within the ambit of Article 371A.
Taking a serious note of Mr. Moily’s request, the Nagaland government held a consultative meeting with various sections of civil society . The meeting resolved to not only reject Mr. Moily’s request but also demand that the GoI implement the unfulfilled clauses of the Sixteen Point Agreement, 1960, and place Nagaland under the Ministry of External Affairs. This may set up a new confrontation with the Central government.
Mr. Moily’s request and the earlier stand taken by M. Ramachandran, Minister of State for Home Affairs, in a response to an unstarred question in the Lok Sabha — that “any resolution” passed by the NLA “seeking to revoke/remove the applicability of a law, the enactment of which lies within the sole domain of Parliament, is ultra vires” — was seen by many in Nagaland as a move to betray a negotiated agreement which entrenched Naga exceptionalism in India’s federal polity.
To recall, the 1960 Agreement laid the basis for the creation of Nagaland in December 1963. Article 371A, which was incorporated as a partial fulfilment of this agreement, facilitated negotiated sovereignty of the Nagas on matters pertaining to their religious and social practices, customary laws and procedure, administration of civil and criminal justice, ownership and transfer of land and resources, as the NLA can make any law of Parliament inapplicable by passing a resolution.
Arguably, the stand taken by Mr. Moily, Mr. Ramachandran and Mr. Choubey can be seen either as constitutional oversight which ignores the special status that Nagaland enjoys under Article 371A or a deliberate attempt to foist a Centralist federal framework. Needed here is a contextual reading of the special status enjoyed by Nagaland under Article 371A, which supports the legislative competence of Nagaland to regulate and develop petroleum and natural gas — a legal position supported by the legal luminaries.
Q4. ‘The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution.’ Discuss critically. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)
Q5. Many States Governments further bifurcate geographical administrative areas like Districts and Talukas for better governance. In light of the above, can it also be justified that more number of smaller States would bring in effective governance at State level? Discuss. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)
Q6. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)
Q7. Discuss the recommendations of the 13th Finance Commission which have been a departure from the previous commissions for strengthening the local government finances. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)
Q8. The product diversification of financial institutions and insurance companies, resulting in overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify. (200 words) 10
Answer:
Suggesting far-reaching legislative reforms in the financial sector, a government-appointed panel said key regulators like Sebi, IRDA, PFRDA and FMC should be merged into a unified financial agency (UFA). The Financial Sector Legislative Reforms Commission, headed by former justice B N Srikrishna, has also suggested setting up of a financial redressal agency (FRA) to address consumer complaints against companies across the financial sector.
The unification of regulation and supervision of financial firms such as mutual funds, insurance companies, and a diverse array of firms which are not banks or payment providers, would yield consistent treatment in consumer protection and micro-prudential regulation across all of them. At present, while the stock market is regulated by Sebi, the activities in the commodities market are looked after by the FMC. The insurance sector is regulated by the Insurance Regulatory and Development Authority (IRDA), while the PFRDA is responsible for managing the pension sector.
The UFA, it said, would deal with all financial firms other than banking and payments. It would also yield benefits in terms of economies of scale in the financial system. There is a need for separating the adjudication function from the mainstream activities of a regulator, so as to achieve a greater separation of powers. The laws for the financial sector need to enshrine regulatory independence. This involves enshrining an appointment process for senior regulatory staff, fixed contractual terms, controlling the loss of independence that comes from the possibility of extension of term or promotion, removing the power of government to give directions, bringing transparency to board meetings.