UPSC Mains General Studies Solved Paper (2013) - "Paper-3 : Governance, Constitution, Polity, Social Justice and International relations"

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UPSC Mains General Studies Solved Paper (2013) - "Paper-3 : Governance, Constitution, Polity, Social Justice and International relations"

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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.

Q9. The concept of Mid Day Meal (MDM) scheme is almost a century old in India with early beginnings in Madras Presidency in pre-independent India. The scheme has again been given impetus in most states in the last two decades. Critically examine its twin objectives, latest mandates and success: (200 words) 10

Answer:

The concept of implementing mid day meal is almost a century old in India. With early beginnings in Madras Presidency and followed by its introduction in Gujarat and Delhi, in that order, in the post-independence period, today the scheme is being implemented in most states.

With the twin objectives of improving health and education of the poor children, India has embarked upon an ambitious scheme of providing mid day meals (MDM) in the government and government-assisted primary schools.
The school meal program was adopted nationwide after a 2001 Supreme Court of India ruling mandating it. Based on the concept that “the right to life is the right to food,” this program has been lauded as a major benchmark in national interest in food security and education.  For impoverished students who do not have enough food at home, this program can save them from undernourishment or malnourishment. The meals are healthy, portions are large, and the food is given in conjunction with supplemental vitamins and de-worming tablets.

By providing free and balanced nutrition to schoolchildren, it has provided a powerful incentive to poor families to send their kids to school and, equally important, to keep them there throughout the day.Indeed, thanks to the scheme, school-attendance rates have improved, sometimes by as much as 10%, and dropout rates have declined. And obliging children of different castes to eat the same meal at the same time in the same place has broken down social barriers in a highly stratified society.

Q10. Pressure group politics is sometimes seen as the informal face of politics. With regards to the above, assess the structure and functioning of pressure groups in India. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q11. The legitimacy and accountability of Self Help Groups (SHGs) and their patrons, the micro-finance outfits, need systematic assessment and scrutiny for the sustained success of the concept. Discuss. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q12. The Central Government frequently complains on the poor performance of the State Governments in eradicating suffering of the vulnerable sections of the society. Restructuring of Centrally sponsored schemes across the sectors for ameliorating the cause of vulnerable sections of population aims at providing flexibility to the States in better implementation. Critically evaluate. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q13. Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption, eliminate wastage and facilitate reforms Comment. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

14. The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity Comment. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q15. Identify the Millennium Development Goals (MDGs) that are related to health. Discuss the success of the actions taken by the Government for achieving the same. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q16. Though Citizens’ charters have been formulated by many public service delivery organizations, there is no corresponding improvement in the level of citizens’ satisfaction and quality of services being provided Analyse. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q17. ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs.’ Discuss. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q18. The proposed withdrawal of International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the countries of the region. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests. (200 words) 10

Answer:

India’s biggest foreign policy challenge in 2014 is likely to be the endgame in Afghanistan. India has an eminently justifiable and feasible ambition of becoming a developed state and a great power and since Afghanistan is at its backyard, it is but obvious for it to be alarmed. Its interests in Af-Pak are in preserving itself from terrorist provocations, cauterizing Kashmir from fallout of the ‘end game’ in Af-Pak and managing the strategic challenge posed by Pakistan. India with the noblest of intention and having spent some $2 billion already on its north western neighbour, is finding itself on an unstable ground. As uncertainty looms large over the future of post-2014 Afghanistan, New Delhi would be confronted with various situations in the coming months as Afghanistan heads for transition in the security and political sectors.

The high profile targeting of a diplomatic facility has fuelled apprehensions about an escalation of attacks on Indian personnel and assets, as a perceived security vacuum begins to develop in Afghanistan with the planned withdrawal of the U.S.-led NATO forces. Analysts say that the big challenge that lies ahead is to prevent Afghanistan from becoming a battleground for an attritional India-Pakistan confrontation. A mega-strike on the Indian Embassy in 2008 killed 58 people, including a senior diplomat, as well a high-ranking military officer. A year later, another attack on the mission left 17 people dead, all of them Afghans. A guest-house mostly used by the Indian government employees was also targeted in 2010. Indian and Afghan officials have blamed the Haqqani network, a faction of the Taliban, known for its proximity to Pakistan’s Inter Services Intelligence for the first two strikes .

Unfortunately, New Delhi appears clueless about how to cope with the post-2014 setting. During his meeting with Prime Minister Manmohan Singh, Afghanistan President Hamid Karzai had pressed for India’s deeper involvement in the Afghan security sector at a time when the western powers are showing relative disinterest in heeding to such requests. However, India continues to dither and appears content in the belief that its developmental role makes it an important player in Afghanistan . At a time when hard decisions need to be made, this could be dangerous. Unless India is prepared to secure its interests in Afghanistan it risks losing a decade of investment and goodwill accrued during its developmental assistance to its traditional ally .

Q19. What do you understand by ‘The String of Pearls’? How does it impact India? Briefly outline the steps taken by India to counter this. (200 words) 10

Answer:

The emergence of the String of Pearls is indicative of China’s growing geopolitical influence through concerted efforts to increase access to ports and airfields, expand and modernize military forces, and foster stronger diplomatic relationships with trading partners. The String of Pearls refers to the network of Chinese military and commercial facilities and relationships along its sea lines of communication, which extend from the Chinese mainland to Port Sudan. The sea lines run through several major maritime choke points such as the Strait of Mandeb, the Strait of Malacca, the Strait of Hormuz and the Lombok Strait, as well as other strategic maritime centers in Pakistan, Sri Lanka, Bangladesh, the Maldives and Somalia.

The popular controversy over the ‘String of Pearls’ is part of a broader concern in India about China’s role in southern Asia and the Indian Ocean region.   Few Indian security analysts acknowledge China’s strategic vulnerabilities in the Indian Ocean as a legitimate cause for concern by Beijing; rather, many perceive China’s regional relationships as being directed against India: either as a plan of maritime “encirclement” or to keep India strategically off-balance in the region, just as China’s relationship with Pakistan has long kept India off-balance in South Asia.

India has responded to China’s perceived presence in the Indian Ocean by trying to pre-empt China’s relationships in the region and by developing its own military capabilities near the maritime choke points, particularly the Malacca Strait.   India has also tried to exert pressure on China to keep off its “patch” through reminders that it might develop its own presence in the South China Sea.

Q20. Economic ties between India and Japan while growing in the recent years are still far below their potential. Elucidate the policy constraints which are inhibiting this growth. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q21. The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists. and Islamic forces. What is its significance for India-? (200 words) 10

Answer:

India should be paying attention to Shahbag Square because this is about more than a war crimes trial that is only relevant to Bangladesh. There is a conversation happening in Shahbag Square which matters to all of us.

The spark for the protest is well-known. A war crimes tribunal in Bangladesh convicted and sentenced a member of the Jamaat-e-Islami to death in absentia for  crimes during the Liberation War. The tribunal sentenced another Jamaat leader, Abdul Kader Mullah, known as the Butcher of Mirpur, to life in prison. Mullah, accused of beheading a poet, raping an 11-year-old girl and murdering 344 people obviously was expecting the worst. He flashed a V sign to his followers outside the courtroom and triggered off a tsunami of outrage that spilled from social media to Shahbag Square. The protesters demanded that Mullah be hanged.

The slogans of Fashi chai! Fashi chai! (Let him hang) have made some observers see this protest as a bloodthirsty mob baying for blood. But it would be a mistake to regard this as just a story about capital punishment.

Mullah flashed that victory sign because he knew that if the Awami League was swept out of power in the next election, and the BNP came back to power, chances are it would quickly reverse course, stop the trials and free people like him. The Jamaat has been the BNP’s electoral ally.Capital punishment, unlike a life sentence, is irreversible and immune from shifting political tides.

The reason why India should be paying attention to Shahbag goes beyond the history of 1971 and the issue of capital punishment.

Many Bangladeshis have begun to feel that the Awami League has suddenly adopted a soft line in view of the coming national election. This is what makes the Shahbag protest significant. For all her bluster, Sheikh Hasina has hesitated to push for a full return to the secular politics of her father’s time.

The force of the Shahbag protest, which has tried to stay apolitical, is pushing the government to even consider the political risky step of banning Jamaat.

Whether banning a  political party is a healthy act for a democracy or just drives it underground to fester is a subject that’s worth debating but as Sikri points out Jamaat is facing a ban not because of its religious ideology per se but because its constitution does not conform to Bangladesh’s requirements for all political parties vis a vis accepting the results of the 1971 war as settled fact etc.

Now those centrist secular voices are protesting in Shahbag Square showing that they too can count for something in a democracy, staying put even after a blogger was hacked to death. 

Shahbag is not a miracle pill that will fix everything in Bangladesh. Changing laws through slogans in public squares is always risky – whether it’s about rape laws in India or electoral laws in Bangladesh. Just as political parties tried to co-opt and scuttle the anti-corruption movement in India, the Awami League will surely want to manipulate the energy of Shahbag into an electoral victory that had seemed far less likely a few months ago. And the protesters could try and squeeze too many different demands under one banner.

Q22. Discuss the political developments in Maldives in the last two years. Should they be of any cause of concern to India? (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q23. In respect of India-Sri Lanka relations, discuss how domestic factors influence foreign policy. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q24. What is meant by Gujral doctrine? Does it have any relevance today? Discuss. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

Q25. The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the world’s economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandate are distinctly different. Elucidate. (200 words) 10 (for Answer Join Online Coaching for IAS Mains Exam)

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