Public Administration Mains 2019 : Solved Paper-2 (Question: 2)

Public Administration Mains 2019 : Solved Paper Question Paper-2 (Question-2)


Q1. Article 356 acts, “very much like the proverbial bolt from the blue…. without giving an opportunity or notices to the State Government to correct its alleged shortcoming”. This phenomenon not only undermines the autonomy of the State Government, but also demeans the statue of the President of India. Critically analyze. 20 Marks

ANSWER: “K. T. Shah remarks that, “it was a chapter of reaction and retrogression. ... H.V. Kamath had observed: “We are laying the foundation of a totalitarian state, a police state. Article 356 acts “very much like the proverbial bolt from the blue... without giving them an opportunity or notice of correcting their alleged shortcomings.
Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the government of a State cannot be carried on in accordance with the provisions of the Constitution. Under our Constitution, the power is really that of the Union Council of Ministers with the Prime Minister at its head. The satisfaction contemplated by the article is subjective in nature.
If the court strikes down the proclamation, it has the power to restore the dismissed government to office and revive and reactivate the Legislative Assembly wherever it may have been dissolved or kept under suspension. In such a case, the court has the power to declare that acts done, orders passed and laws made during the period the proclamation was in force shall remain unaffected and be treated as valid. Such declaration, however, shall not preclude the government/Legislative Assembly or other competent authority to review, repeal or modify such acts, orders and laws. 
 The Constitution of India has created a federation but with a bias in favour of the center. Within the sphere allotted to the States, they are supreme.

(b) Public Sector Undertaking were expected to take the Indian economy to the “commanding heights” instead the successive governments have been pushing for disinvestment. Critically examine how the scenario has changed over the years. 20 Marks


(c) Emerging developmental aspirations of the society necessitate the constitutional amendment to change the present safeguards available to the civil servants. Evaluate the pros and cons of such amendment. 10 Marks


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