UPPSC 2018 (Mains General Studies Paper-2)

Ans. India’s firm position against mediation on Kashmir stems from several reasons:

> A historical suspicion since the 1950s as the mediated talks by the UN and World Bank, US, UK and Russia have failed in resolving the IndoPak issue.

> India sees itself as a regional leader and does not require any assistance in sorting out its issues with other regional countries.

> Mediation favours the weaker party and India with its stronger military powers has seen no significant gain from bringing a third-party into its 70-year-old conflict with Pakistan.

> The Shimla Agreement; 1972 did away with any idea of future mediation between the two countries. According to the Agreement the two countries “resolved to settle their differences by peaceful means through bilateral negotiations”.

> The Lahore declaration: 1999 also affirmed the bilateral nature of Kashmir issue.

Therefore despite offers from several leaders from time to time India has maintained its opposition to third-party mediation on Kashmir.

Ans. The International Court of Justice (ICJ) that acts as a world court has twofold jurisdiction:

1. Contentious jurisdiction: ICJ decides, disputes of a legal nature that are submitted to it by States in accordance with international law. Under contentious jurisdiction Only States can apply and appear before the ICJ. International organizations, other authorities and private individuals are not entitled to institute proceedings before the Court. Article 35 of the Statute defines the conditions under which States may access the Court.

2. Advisory jurisdiction: Since governmental international organizations cannot be parties to a case before ICJ, the advisory procedure is available to such organizations. This procedure is available to five United Nations organs, fifteen specialized agencies and one related organization. Though based on contentious proceedings, advisory proceedings have distinctive features resulting from the special nature and purpose of the advisory function.

Ans. Challenges and problems of farmers and agriculture sector :

> The mechanisation of the agricultural sector has been slow in UP.

> The agrarian economy of UP continues to grapple with low productivity and lack of proper infrastructure and forward industry linkages.

> Falling size of land holdings, over 75 per cent of land holdings are less than one hectare.

> Almost half of the small farmers are indebted.

> Declining public investment in agriculture, stagnant gross capital formation and falling share of agriculture in the total plan outlay.

> Lack of proper infrastructure and proper marketing channels.

> More focus on subsidy than on capital formation.

> Open market: farmer should be free to sell his produce anywhere.

> Direct cash transfer to weed out corruption

> Special agricultural zone to conserve the prime farm land.

> Mandatory rain water harvesting.

> Contingency plans to deal with uncertain weather.

> Competitiveness of farmers need to be strengthened.

> Bio-resource management.

> Encouraging community based breed conservation.

Additional Notes: Governments aim to double the farmer’s income by 2020. Various measures like Kisan Samman Nidhi, Paramparagat Krishi Vikas Yojana, e-NAM, PM Fasal Bima Yojana etc are set to bear fruits in near future.

Ans. The Finance Bill, 2017 introduced “Electoral bonds” as interest-free banking instruments. Subsequently the Electoral bonds scheme 2018 was introduced.

> Under the scheme:

> Electoral Bonds may be purchased by a person who is a citizen of India or incorporated or established in India.

> Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 are eligible to receive the Electoral Bonds.

Electoral bonds and transparency in the political funding system: Through electoral bonds government claims to promote transparency in political funding, including capping cash donations at ₹2,000. However according to Election Commission of India (ECI) Electoral bonds would pump in black money for political funding through shell companies and allow unchecked foreign funding of political parties in India. Therefore the role of Electoral Bonds in bringing transparency in the political funding system is debatable.

Ans. Self-help groups (SHGs) are small groups of people (especially from rural areas) who pool their resources and savings together.

> SHG – Bank Linkage Programme has significantly improved the access to financial services for the rural poor.

> Loans provided by SHGs have been instrumental in creating selfemployment opportunities for the poor.

> SHGS has helped in raising the living standards of the rural poor.

> It has reduced dependence of exploitative informal credit sources like money lenders and landlords.

> The participation of women in self-help group (SHGs) made a significant impact on their empowerment both in social and economic aspects.

> A rural women engaged in a SHG is less prone to domestic violence and has more social voice.

> By promoting small savings among its members, Self-help groups (SHGs) has played a major role in poverty alleviation in rural area.

Additional Notes: In India SHGs have been quite successful and has now evolved as a movement. As per NABARD report, 2019, there were almost one crore SHGs in India covering 12 crore families with deposits of 23,324 crore.

Ans. Indian Diaspora is a probably one of the world’s largest, most dynamic and oldest Diaspora communities.

> They are contributing to the economies of the both, India and the country they reside in.

> Indian Diaspora has also emerged as an important factor in India’s foreign policy and economic development.

> With US $ 56 billion of remittances, overseas Indians play an important role in India’s foreign exchange management.

> As the Indian economy has opened up many overseas Indians are returning to explore new avenues from investment, to transfer of skills and technology, to social service.

> Presence of Indian diaspora all over the world has catalysed the demand for Indian goods and services.

> Indian’s employed in top consultancies and MNCs facilitate our trade and FDI initiatives.

> NRIs aids the Indian economy by generating employment internally by strengthening national savings, capital accumulation and investment.

Additional Notes: According to Global Migration Report 2020, India continues to be the largest country of origin of international migrants with a 17.5 million-strong diaspora across the world. India received the highest remittance of $78.6 billion (amounting to a 3.4% of India’s GDP) from Indians living abroad.

Ans. Both India and United States of America (USA) are democratic republics with federal form of government. However there are some differences in the way both governments function.

In the American federal system each state have its own constitution. Power is shared between the federal government and state governments. The Constitution of the United States says nothing about the governments of the states. However State governments reflect the composition of the national government.

India is a case of cooperative federalism where power is shared between the Union and States but no state has the right to secede from the Union. Also there is a single constitution for both union and states. However the powers are clearly demarcated by the constitution.

Indian federation is tilted towards the centre and therefore India is also called as quasi-federal or a federation with a strong centre and weak states.

Additional Notes: The term ‘federation’ has been used nowhere in the constitution. Nevertheless the Supreme Court in the Kesavananda Bharati vs. State of Kerala case held that the federal form of government forms the Basic structure of the constitution.

Ans. The Rajya Sabha or Council of States is the upper house of the bicameral Parliament of India. Because of the federal character of the Indian constitution the council of states (Rajya Sabha) has been given two exclusive or special powers which are not enjoyed by the Lok Sabha:

1. Rajya Sabha can authorise the Parliament to make a law on a subject enumerated in the State List (Article-249).

2. Rajya Sabha can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312).

Although Lok Sabha enjoys many powers which are not enjoyed by the Rajya Sabha but the above mentioned points make it clear that the position of Rajya Sabha in Indian constitutional system is not as weak as that of House of Lords in the British constitutional system.

Ans. Voter Verifiable Paper Audit Trail (VVPAT) is an independentsystem attached with the Electronic Voting Machines that allows the voters to verify that their votes are cast as intended.

VVPAT machine prints a slip containing the name of the candidate and the corresponding election symbol and automatically drops it in a sealed box. VVPAT slips are counted in a randomly-selected polling station in each constituency.

In India, The VVPAT system was introduced in 8 of 543 parliamentary constituencies as a pilot project in 2014 General Election.

The Election Commission has always maintained that the EVMs cannot be tampered with. However in the backdrop of repeated claims of EVM tampering by various political parties, VVPATs have been instrumental in boosting voter’s faith in the system.

VVPATs add another layer of transparency and reliability to convince voters about the sanctity of EVMs. It also ensure that the massive election process is in tune with the latest technological advancements.

Additional Notes: Voter Verifiable Paper Audit Trail (VVPAT) system was introduced in all 543 Lok Sabha constituencies in General Election of India 2019. The Supreme Court in 2019 ordered the Election Commission (EC) to increase tallying of VVPAT slips with EVM count from one to five polling

stations per seat.

Ans. Article 148 of the Constitution of India provides for the office of CAG as an independent statutory authority.

> CAG is a pivotal office in the Government of India who controls the entire financial system of the country.

> Though appointed by President CAG can be removed only on an address from both houses of parliament.

> CAG is provided with the security of tenure.

> He is not eligible for further office and his salary and other service conditions are determined by the Parliament.

> CAG is the apex authority responsible for external and internal audits of the expenses of the National and state governments.

> He submits his audit reports relating to the accounts of the Centre and State to the President and Governor respectively.

> He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

Additional Notes: The functions of CAG have recently been subject of controversy with regard to two questions:

1. Whether CAG has jurisdiction to comment on extravagance and suggest economy.

2. Whether the audit of CAG should be extended to industrial and commercial undertakings.

Ans. The withdrawal of US troops from A nanistan as scheduled under the USTaliban deal has far reaching consequences for India. Whether it was Hamid Karzai regime or the present Ashraf Ghani government, India always has had an excellent ties with the elected governments in Afghanistan. Therefore instability in Afghanistan in the backdrop of a hostile relation with Pakistan is a cause for concern for India.

Islamabad wants India to roll back its presence in Afghanistan. Pakistan has always backed the US-sponsored peace talks in the hope that Taliban get a major share in the new political set-up. Islamabad’s aim is to clip India’s wings and roll back its interests in Afghanistan. It’s in India’s interest to put an end to terrorist safe havens and sanctuaries operating across the Durand Line.

America’s retreat from Afghanistan means handing over Afghanistan to Pakistan on a platter, unless a power-sharing arrangement is worked out, which seems increasingly unlikely.

New Delhi has always been against a hasty withdrawal of US and NATO troops from Afghanistan, fearing the revival of terror networks which could target India. In the last decade India has invested millions of dollars in infrastructure projects in Afghanistan. Besides revival of terror groups in Afghanistan could potentially disturb the Kashmir valley.

Ans. The One Belt One Road (OBOR) initiative is the centrepiece of China’s foreign policy and domestic economic strategy. OBOR consists of two projects:

1. Land-based Silk Road Economic Belt (SREB)

2. Sea based Maritime Silk Road (MSR)

Off late OBOR has become a bone of contention in the Indo-China relationship. India has begun to view China’s commercial initiatives as a means to advance its strategic ambitions in ways that often are not conducive to India’s interests. India is not opposed to infrastructure development in the region, but it is concerned about the strategic implications of certain Chinese-led initiatives.

The corridors and infrastructure projects associated with OBOR have a direct bearing on India’s strategic interests. They run close to India’s continental and maritime borders and are affecting its security interests and strategic environment. New Delhi opposed the China-Pakistan Economic Corridor (CPEC) due to concerns about territorial sovereignty.

India will have to work with its partners in the region to offer alternative connectivity arrangements to its neighbours. In its strongest stance on the BRI to date, India marked its protest by not attending the Belt and Road Forum hosted by China in May 2017.

New Delhi urgently needs a structured framework for providing an alternative to Chinese-led connectivity initiatives to protect its strategic goals and remain a dominant power in South Asia and the Indian Ocean region.

Additional Notes: China’s engagement with India’s immediate neighbours through these corridors threatens to alter existing power dynamics in the region. A primary concern for New Delhi is that Beijing will use its economic presence in the region to advance its strategic interests. One of the recent example is the strategically located port of Hambantota, which the Sri Lankan government was forced to lease to China for ninety-nine years in 2017.

Ans. The Jammu and Kashmir Reorganization Act 2019 bifurcated J&K into two Union territories (UTs) ie Jammu & Kashmir (with legislature) and Ladakh (without legislature).

The new arrangement will likely give New Delhi more control over local administrative besides direct control over law and order.

The decision to abrogate Article 370 has given a real shot at reshaping the political status quo in J&K.

Now India has more reasons to emphasize the Kashmir issue as an “internal” matter of India.

The government intends to undertake delimitation of the J&K legislative assembly will redraw the scope and size of constituencies in J&K.

The constitutional provision of Jammu and Kashmir is often held responsible for ruining J&K, promoting violence, stalling its development and preventing proper health care and blocking industries.

Repeal of Article 370 has set the region on the path of socio-economic development. Now all the flagship schemes of the Centre are being proactively implemented in both J&K and Ladakh.

Central government has given special package for projects across sectors such as road, power, health, tourism, agriculture, horticulture, skill development, etc.

In just few months around fifteen thousand youth have been given jobs in sales and customer service and hospitality.

Influx of tourists in the valley has also seen hike in the recent times.

Additional Notes: in 2020 Local body elections were successfully conducted in the Jammu and Kashmir without any major incidence of violence. Also the first election post Article 370 witnessed huge participation of people which proves that things are normalizing at a big pace in the Valley. Curbed imposed immediately after abrogation of Article 370 has been removed gradually and all the regional parties have actively participated in the local elections.

Considering the funds under various schemes by different central ministries, an amount of Rs 30,757 crore has been allocated in the Financial Year (FY) 2020-21.

Ans. The NITI Aayog is a policy think tank of the Government of India constituted in 2015 to replace the Planning Commission instituted in 1950. This was done in order to better serve the needs and aspirations of the people of India.

The NITI Aayog was established with the aim to achieve sustainable development goals by fostering the involvement of State Governments. It aims to serve as a platform to bring States to act together in national interest and thereby fosters Cooperative Federalism.

> Enable States to actively participate in the formulation of national policy.

> To work with state government in proper co-ordination and harmony.

> Ensure the economic strategy and policy work in the interest of national security.

> Evolve a shared vision of national development priorities and strategies, with the active involvement of States.

> Support States in addressing their own challenges, building on strengths and comparative advantages by empowering the local governments.

> Build a repository of specialized domain expertise and imbibe good governance measures.

> Provide a platform for mutual resolution of inter-sectoral, interdepartmental, inter-state as well as centre-state issues.

> Monitor the implementation of policies and programmes, and evaluate their impact through tracking of performance and evaluations.

Recently Prime Minister has approved the reconstitution of NITI Aayog. While Rajiv Kumar continues as vice chairman, VK Saraswat, Ramesh Chand and VK Paul will act as full-time members. Besides home minister, defence Minister, Nirmala Sitharaman and agriculture minister will act as ex-officio members.

Ans. Poverty involves more than the lack of income and productive resources to ensure sustainable livelihoods. Its manifestations include hunger and malnutrition, limited access to education and other basic services, social discrimination and elimination as well as the lack of participation in decisionmaking.

The main outcome of poverty is hunger and its seriousness can be understood by the fact that millions of children die from hunger related causes.

The occurrence of under-nutrition in India is amongst the highest levels in the world and in spite of the development in food production India is facing an acute problem of child malnutrition.

Another issue related with poverty is corruption often accompanied by centralization of power, when leaders are not accountable to whom they serve. Children do not have access to basic education because of inequalities that originate in sex, health and cultural identity, making them vulnerable to poverty and hunger.

Poverty and Hunger in India is primarily due to improper government policies and the misuse of the financially weaker section by the wealthier community. Some of the major reasons behind poverty and Hunger in India:

> Higher rate of population growth.

> Low Productivity in Agriculture

> Under-Utilized Resources

> Low Rate of Economic Development

> Fluctuating prices of essential commodities.

> Widespread Unemployment

> Inadequate infrastructure.

> Ailing education system

> Social and religious factors

16. Clarify E-governance. Explain the features and advantages of E-governance. What are the main challenges before it ?

Ans. E-Governance can be defined as the application of information and communication technology (ICT) for providing government services, exchange of information, transactions, integration of previously existing services and information portals.

> Better service delivery to citizens.

> Ushering in transparency and accountability.

> Empowering people through information.

> Improve efficiency within Government i.e between centre-state or interstates.

> Improve interface with business and industry.

E-governance is a powerful means of public service in the present era. Some of its features are:

> De bureaucratization ie reduced Red-Tapism.

> Provision of services through the Internet. Ex G2C, G2B, G2E, etc

> Using the means of e-governance anyone can share their views with the government.

> Access to International Services.

> Economic Development.

> Reduce inequality.

Some of the major initiatives Undertaken under the E-governance in India are MyGov, DigiLocker, e-Hospital-Online Registration Framework (ORF), DARPAN, National Scholarships Portal (NSP), PRAGATI (Pro-Active Governance and Timely Implementation), Comm Services Centres, Jeevan Pramaan, National E-Governance Plan (NeGP).

> Linguistic diversity across the country.

> Low literacy rate.

> Low IT literacy

> Recognition of applications.

> User friendliness of government websites.

> Services are not accessible easily.

> Confidence on technologies provided by government.

> Lack of awareness in people.

> Cost of services.

> Applications must be transferrable from one platform to another.

Ans. In its monsoon session, the Indian Parliament passed the Unlawful Activities (Prevention) Amendment Bill, 2019.

The original law, empowers government to designate an organisation that commits or participates in acts of terrorism as “terrorist organisations”. The amendment Bill simply replaced “organisations” with “organisations or individuals” in Sections 35-38, which deal with designation as terrorists.

Now the onus will be on the individual to seek a review to satisfy the government that the individual is not a terrorist.

To be de-notified from the gazette as a terrorist, an individual can make an application to the central government. If the application is rejected, the person can seek a review by a special committee set up by the government.

The law, however, does not prescribe a time limit for the government to set up such a committee or a process for the committee to decide the application. Opposition and activists have criticised the amendments, citing potential for misuse besides the claim that government is taking over judicial function.

Also in the monsoon session, the Indian Parliament passed The Right to Information (Amendment) Bill, 2019.

The amendment bill changed the term of Information Commissioners. The Right to Information Act states that the CIC and other ICs will hold office for a term of five years. However the amendment removes this provision and states that the central government will notify the term of office for the CIC and the ICS.

The amendment also states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.

Ans. The Constitution of India codifies the fundamental rights as defined in Part III of the Constitution. One such right is the Right to equality which is protected under articles 14 to 18.

Article: 14 speaks that the State shall nor deny to any person equality before law or the equal protection of laws within the territory of India. This fundamental right is equally available to both citizens and non- citizens.

Article: 15 provides that state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. However there are three exceptions to this general rule of non-discrimination. The state is permitted to make any special provision.

1. For women and children.

2. For Scheduled castes and Scheduled tribes.

3. For advancement of any socially and educationally backward classes of citizens.

Article: 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the state. No citizen shall be ineligible for any employment under state on grounds of only religion, race, caste, sex, and descent, place of birth or residence.

Article: 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

Article: 18 abolishes titles and prohibits state from conferring any titles except a military or academic distinction.

Additional Notes: The rule of equality before law is not an absolute right and there are exceptions to it. Ex the President of India and Governor of States enjoy certain immunities. The Padma Awards do not amount to titles under Article 18.

Ans. The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a substitute to the conventional methods of resolving disputes. It is a method which enables individuals and group to maintain co-operation, social order and provides opportunity to reduce hostility.

ADR with its diverse techniques could play a significant role in India in the backdrop of huge number of cases pending in courts. Alternative Dispute Resolution mechanism provides scientifically developed techniques to Indian judiciary which helps in reducing the burden on the courts. ADR provides various modes of settlement including, arbitration, conciliation, mediation, negotiation and Lok Adalats.

ADR is founded on fundamental rights such as article 14 and 21 which deals with equality before law and right to life and personal liberty respectively. Section 89 of the Civil Procedure Code, 1908 provides for Arbitration, Conciliation, Mediation or Lok Adalat. Arbitration and Conciliation Act, 1996 deals with Alternative Dispute Resolution Mechanism.

> People could resolve their dispute in short period as compared to courts.

> It saves lot of money that is incurred if one undergoes in litigation process.

> ADR is free from technicalities of courts.

> People are free to express themselves without any fear of court of law.

> There are always chances of restoring relationship back as parties discuss their issues together on the same platform.

> It prevents further conflict and maintains good relationship between the parties.

 > It preserves the best interest of the parties.

Ans. The CBI owes its origin to the Delhi Special Police Establishment, 1941. Later CBI was established by a resolution of the Ministry of Home Affairs on the recommendations of the Santhanam Committee on Prevention of Corruption. At present CBI enjoys the status of an attached office in the Ministry of Personnel.

The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.

Composition of CBI: CBI is headed by a Director, assisted by a Special Director or an Additional Director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police force.

The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003. The Director of the CBI is appointed by the Central Government.

> The CBI is the main investigating agency of the GOI.

> Its primary role is to prevent corruption and maintain integrity in administration.

> It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.

> Investigate crimes of a serious nature that have national and international

ramifications.

> To coordinate the activities of the various state police forces and anticorruption agencies.

> Maintaining crime statistics and disseminating criminal information.

> Represent India for correspondence with the INTERPOL.

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