UPPSC 2020 (Mains General Studies Paper-2)

Ans. Judicial Activism is defined as a judicial philosophy which motivates judges to depart from the traditional precedents in favour of progressive and new social policies. It is often explained as assertion of judiciary and its power. Judicial Activism could happen through various methods like:

> Judicial review of a law enacted by the legislature.

> In form of Public Interest Litigation.

> Judicial interpretation of various laws in the constitution.

In context of judicial activism, the relationship of executive and judiciary is often explained in terms of “Judicial Overreach”. Constitution of India has clearly defined and demarcated the separation of powers between the judiciary and executive. However Judiciary is often criticized for curtailing powers of executive and interfering into its sphere of action.

For example in matters related to labour policy, environmental and ecological issues the judiciary often oversteps its sphere to dictate the executive.also

judicial intervention in matters related to fiscal policy can also be categorized as judicial overreach.

> Additional Notes: Examples of Judicial Activism:

1. In the Golaknath case 1967, Supreme Court asserted that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution.

2. In the Kesavananda Bharati case the apex court defined the basic structure of the Constitution and held that the Basic structure cannot be altered through any amendment.

3. In the 2G scam, the SC cancelled 122 telecom licenses and spectrum allocated to 8 telecom companies on the grounds that the process of allocation was flawed.

One example of judicial over reach is when the apex court abolished the constitutionally vested power on the President of India to select judges. The acknowledgement of the difference between “judicial activism” and “judicial overreach” is vital for the smooth functioning of a constitutional democracy with the separation of powers as its central characteristics.

Ans. In the Indian Constitutional framework President is the Head of the state while Prime Minister is the Head of Government.

The Supreme Court has consistently taken the view that position of President under the Constitution is similar to the position of Crown under the British

Parliamentary system. Article 74(1) provides that there shall be a Council of Ministers with Prime Minister at the head, to aid and advice President in exercise of his functions. Therefore Indian President is a ceremonial head who can do nothing contrary to the advice of Council of Ministers nor can do anything without their advice. Secondly in case of any abuse of power, the President can be removed from office by the Parliament through impeachment.

Therefore India has a President but not a Presidential form of Government, as found in America.

Indian President is head of the State but not of Executive. He represents the nation but does not rule the nation.

Additional Notes: President has an essential role in Indian democracy. Being impartial and above the party politics, he exerts his influence on the decisions of Prime Minister. Besides President has many legislative, executive and judicial powers that are exclusive to him. Therefore the office of President is an important pillar in the Indian democratic setup, however in no case the Indian President could emerge as a dictator as there are sufficient checks and balances to his powers.

Ans. Indian constitution provides for a structure of governance which is essentially federal in nature. A federal system needs interactions between the various levels of government.

Article 263 of the Constitution provides for the setting up of an Inter-State Council. Therefore the ISC was constituted on the recommendation of Sarkaria Commission, in 1990, as an executive mechanism to facilitate the co-operative federalism in India.

ISC is mandated to ensure better Centre-state cooperation and resolve Centre-state or inter-state issues. ISC act as a safety valve in sorting out differences between the centre and the states. Besides it serves as a bargaining platform for states. However, it has been largely underutilised. It is argued that ISC has largely failed to emerge as an active inter-governmental forum.

The Inter State Council needs to be more than a talk shop. It needs to play a more active role. There is a great need to empower institutions like ISC and make them more interactive, inclusive, transparent and accountable. The ISC can work as an effective forum of cooperative federalism.

Additional Notes: The ISC that was proposed to meet thrice a year has met only 12 times in over 28 years. ISC needs to exert moral pressure on the executive to implement recommendations of the Punchii Commission. Another crucial issue is tax devolution after the implementation of GST. In the multi-party coalition politics the importance of the ISC was further reduced as Union cabinet itself became a kind of inter-governmental forum. The return of the single-party majority government at the Centre in 2014 has necessitated the strengthening of inter-governmental mechanisms for the harmonious working of the federal structure.

Ans. Article 32 falls under Part III of the Constitution that contains the fundamental rights of individuals.

Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.

It allows an individual to approach the Supreme Court if he or she believes that his or her fundamental rights have been violated or they need to be enforced. Therefore the right to get the Fundamental Rights protected is in itself a fundamental right.

Dr. Ambedkar called Article 32 as the most important article of the constitution. According to him “it is the very soul of the constitution and the very heart of it”. The Supreme Court has held that Article 32 is a basic feature of the Constitution. Hence it cannot be abridged or taken away by way of an amendment to the constitution.

Article 32 gives Supreme Court power to issue directions, orders or writs for enforcement of fundamental rights.

Additional Notes: Under Article 32 the Supreme Court can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Ans. The Non-Governmental Organisations (N.G.Os) are an integral part of social development and welfare schemes in Uttar Pradesh.

Many NGOs are involved in micro-finance, micro insurance, and micro entrepreneurship activities for the overall development of the rural areas. Since the NGOs generate their own finance, they have better credibility and access in the rural areas.

Besides NGOs are involved in many community development programs like adoption of villages for development, relief work during natural disasters etc. NGOs serve as direct link between villages and government for marketing of the goods.

NGOs also participates in the government’s policy planning as they are better known to the real impediments of rural development.

In the agriculture sector NGOs are involved in activities like distributing planting materials, cattle, poultry, minor irrigation, free medical care for cattle etc.

Therefore NGOs are playing a diverse role in the rural development of Uttar Pradesh and they need to be better supported by the government and civil society.

Additional Notes: Uttar Pradesh has the highest number of NGOs in the country (over 5.5 lakhs). NGOs serve as voice of marginalised and exploited people and help in accessing justice. NGOs bridges the caste divides in the rural areas by promoting common programmes.

Ans. The application of Information and Communications Technology (ICT) in governance is commonly referred as e-governance. ICT enables SMART governance implying: simple, moral, accountable, responsive and transparent governance. Use of Information and Communications Technology in government policies leads to:

> Efficient management of government policies.

> Cost reductions and revenue growth.

> Improved delivery and efficiency of government services.

> Less corruption in the administration.

> Reduced hierarchy in the administration.

> Empowerment of citizens through information dissemination.

> Promoting Participative Democracy

by strengthening social audit.

> Transparency and accountability while assuring effective responsiveness of government to citizens’ problems and suggestions.

> Quicker execution and implementation of government policies.

> Technology-centric solutions in day to day government functioning. For example: virtual meetings, summits etc.

In the wake of global pandemic (Covid-19), it was the ICT driven solutions that provided smooth functioning of government and implementation of government policies.eg. Virtual judiciary, executives meetings, inaugurations of various schemes, e-tendering, online education etc.

Additional Notes: Better use of ICT needs focus on 6Cs of Information Technology i.e. 1. Computer density 2. Communication 3. Connectivity 4. Cyber laws 5. Cost 6. Common sense, to emerge as an effective and wellgoverned country in the twenty-first century.

Ans. Human resources of a country refers to people who contribute to the growth and economic development .The role of Human Resource in Indian has evolved from supporting role of managing payrolls and manpower to a strategic partner in the growth of the business.

Human resource management has started focusing more on development aspects. It aims to harmonious balance between employee demands & organizational requirements.

The management of human resources includes various aspects like:

> Investing in Talent.

> Greater Emphasis on employee development.

> Motivating the workforce

> Use of technology in HR.

> Competency development

> Work-life balance

> Bridging the demand-supply gap etc.

Socio economic upliftment of people through various poverty alleviation, urban slum development and rural development programmes etc. also contributes to improvement in human resources. E.g. Startup India, Standup India, Deen Dayal Upadhyay Swaniyojan Yojana etc. Therefore effective management of its human resources becomes vital for its economic growth.

Ans. In the wake of pandemic and US-China trade war many global companies are reviewing their sourcing from China. Following lockdown, nearly 3.8 million migrant labourers and workers have returned to UP from other states. In this backdrop UP government initiated many measures to attract the global firms exiting from China.

In sync with India’s “Atmanirbhar Bharat” call UP government cleared a new

investment policy aimed at providing a fillip to industries.

UP has formed an economic task force to attract investment and has also announced economic packages for companies moving in. It promises to reimburse state goods and services tax (SGST) by 200-300 per cent of the capital investment.

Government’s sector specific policies are yielding positive results and UP attracted an investment of over Rs 50,000 crore even during the most challenging period.

Therefore as a result of government efforts the bulk of the migrant workforce could be absorbed in gainful employment locally.

Additional Notes: The backward Eastern UP and Bundelkhand regions are the focal regions of government’s new policy. There are over 90 lakh MSMEs in UP and investment from the multi-national companies could provide job avenues for labour migrating from the state.

Firms that gave positive response to UP’s effort to attract FDI include Lockheed Martin, Adobe Inc, Honeywell, Boston Scientific, Cisco System, FedEx etc.

Canada has proposes an investment of over Rs 1000 crore around the Jewar airport.

German footwear brand Von Wellx, which has shifted out of China, has decided to set up footwear unit in Agra.

Ans. India’s diaspora policy took shape during the regime of Rajiv Gandhi who inviting Indians abroad to participate in the nation-building. Subsequently the provisions for PIO card, OCI card, Pravasi Bharatiya Divas and voting rights for Indian citizens abroad were made. The present government has launched “Know India Program” in 2016 for diaspora engagement.

> Citizenship: Majority of Indian diaspora want to retain their Indian citizenship.

> Consular issues: demands for illegal gratification and ill treatment by customs and immigration officials.

> Cultural threat: Indian Diaspora are deeply conscious of their rich cultural heritage and are keen to maintain their cultural identity.

> Nitaqat Law: It is aims to replacing a large section of overseas workers with locals in Saudi Arabia.

> Racial attacks: recent incidents of racial violence in Australia and Europe is a major concern.

Additional Notes: India has the second largest Diaspora in the world. 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 3.4% of India’s GDP.

Ans. 2+2 Ministerial dialogue is the highest-level institutional mechanism between India and US. The defence minister and foreign minister/secretaries of both countries participate in the dialogue.

India and the US, established the 2+2 Ministerial Dialogue Framework in 2017 to elevate their strategic engagements. It can be said as the acknowledgement of India’s rise as an economic and strategic power by US.

The third India-America 2+2 ministerial dialogue was recently held in New Delhi. The Key outcomes of the dialogue are:

> In the backdrop of the ongoing standoff at LAC, US reiterated its support to India in defending its territorial sovereignty.

> The dialogue also addressed the threats posed by China in the Indo-Pacific region and the Covid-19 pandemic.

> India signed the Basic Exchange and Cooperation Agreement (BECA) with the USA.

> Status of Afghanistan was discussed reiterating support for its peace process.

> Letter of intent regarding cooperation in traditional Indian medicines was signed.

> Agreement on the electronic exchange of customs data.

Additional Notes: India holds ‘2+2 ministerial dialogue’ separately with US, Japan and Australia. The goal this arrangement is to enhance high-level engagements on bilateral, regional, and global issues. It puts strategic, defence, and security relationship between the two countries at the forefront. BECA will enable the exchange of geospatial data and information between the two countries. This would improve the accuracy of India’s missiles in precision strikes.

Ans. Public interest litigation (PIL) is a valuable mechanism to redress the problems of the neglected, alienated and marginalized sections of society. The main objective of PILs is to protect the fundamental rights of people who cannot approach the court.

However in recent times the apex court has noticed the indiscriminate use of PILS with an oblique motive of serving a private interest or harming a rival industrialist.

Former Chief Justice of India TS Thakur voiced a concern regarding the misuse of PIL as an instrument to settle scores with corporate rivals and also for personal vendetta.

The Supreme Court’s jurisdiction under Article 32 is not a panacea for all ills but a remedy for violation of fundamental rights.

Abuse of PIL has become quite rampant and genuine causes have receded to the background.

In the absence of any framework of PILs, the future of any PIL rests on the sole discreation of the sitting judge.

Also different benches of Supreme Court have different mind-sets in entertaining PILs which leads to inconsistencies and lack of coherence. At present the scope of PIL covers almost every activity of the State. Therefore Courts, while dealing with PILs must be aware of the thin line between justice delivery and possible encroachment on executive and legislative domains. Therefore former Attorney-General of India, Soli Sorabjee has rightly highlighted that “Every matter of Public Interest cannot be a matter of Public Interest Litigation”.

Ans. Problems faced by the Election Commission as an institution in present times:

> Ever increasing hate speeches during election campaigning.

> Allegations of election commission being soft to the ruling party. Eg. Launch of NAMO TV, launch of ASAT mission during 2019 Lok Sabha elections.

> Allegations of violations of Model Code of Conduct are ever increasing.

> The EVM and VVPAT are constantly put under scanner by various parties.

> The use of money and muscle power in the elections has not decreased significantly.

> Removal of election commission does not require impeachment. They can be simply removed by the government thus affecting their ability to act independently.

> There are allegations of politicisation of the Election Commission.

> There are institutional weaknesses in the structure of the Election Commission that leaves scope for partisan appointments by a government.

> Some of the possible solutions could be:

> Section 126 of the Representation of People’s Act; 1951 should be made applicable to the print media.

> EC should continuously reinvent its powers given to it under the Indian Constitution.

> EC should diversify the campaigning to check the flouting of the MCC.

> Increasing the voter’s awareness to check the violation of MCC.

> The appointment and removal process of election commissioners should be amended by the parliament.

Therefore it is pertinent that both the ECI and Indian parliament re-invent the election commission so that bedrock of democracy doesn’t shake at its foundations.

Additional Notes: Election Commission of India (ECI) is a remarkable institution that has managed to keep the world’s largest democracy functional. It is argued that the commission is not using the powers bestowed upon it by the constitution effectively.

Conducting elections amidst the pandemic brought new challenges at the doorstep of election commission.

Ans. Article 280 of the Constitution empowers the President to constitute a Finance Commission every fifth year. It is a statuary and quasi-judicial body set up mainly to describe the financial relations between the centre and the states. The main functions of Finance Commission is to recommend the President of India on:

> Distribution of the net proceeds of taxes to be shared between the Centre and the States.

> The principles that should govern the grants-inn-aids to the states out of the consolidated fund of India.

> The measures needed to augment the consolidated fund of a state to supplement resources of local bodies.

> Any other matter referred to it by the President in the interest of sound finance.

Emerging role of Finance Commission in Fiscal Federalism: In the recent years the major concern of the Finance Commission has been to address the:

1. Vertical imbalance in the distribution of revenues between the centre and the states.

2. Horizontal imbalance between states that were at different stages of development.

The effort of the Finance Commission is to narrow the development gap between states.

The scale of distribution of tax proceeds has drastically changed from 10% of the total tax receipts of the Centre in 1950, to a record 42% after the recommendations of the Fourteenth Finance Commission. This shows the emerging role of Finance Commission in fiscal federalism and its seriousness towards promoting the spirit of cooperative federalism.

Additional Notes: The recommendations made by the Finance Commission are only of the advisory nature and hence not binding on the government. However most of the recommendations of Finance Commission are accepted by the government since it is a constitutional body.

Ans. A pressure group is an interest group which exerts pressure on the government or the decision-makers for the fulfilment of their interests. There are various types of Pressure groups operating in India.

> Pressure groups based on traditional social structure: Sanathan Dharma Sabha, Parsee Anjuman, Anglo-Indian Christian Association etc.

> Caste groups: Brahmin Sabha, the Nair society.

> Language groups: Tamil Sangh, the Anjuman-e-Terraqi-e-Urdu

> Workers or peasants groups: All India Trade Union Congress, Bharatiya Mazdoor Sangh, Kisan Sabha

> Institutional groups: Civil Services Association

> Commercial groups: FICCI, ASSOCHAM

Pressure groups use various tactics to influence the government. These are primarily constitutional and peaceful like Satyagraha, demonstrations, dharnas, strikes, organizing public meetings, use of media and creation of public opinion.

Pressure groups play a vital role in the democratic functioning of a polity. Their role in Indian politics is indirect yet very important:

> They promote, discuss, debate and mobilize public opinion on major public issues.

> They are primarily instrumental in interest articulation.

> Pressure groups act as agents of Political Socialisation ie they influence the orientations of the people towards the political process.

> Pressure groups play a vital role in the legislative process.

> They are actively involved with administration through lobbying.

> Consultations with Pressure groups help in improving the quality of governance.

Ans. Citizen centric governance is all about looking at the service delivery though the eyes of the citizens. A citizen-centric approach enables the government to improve citizen satisfaction by improving the service delivery. E-governance has made the administrative system more citizen centric through:

> Focussing on the vision of the citizens.

> Making most of the services available on citizen’s portal.

> Credible and faster delivery of services.

> Giving access to right communication channels.

> Making the IT infrastructure more robust.

> Promoting system of participatory management.

Despite of all its achievements, e-governance still has to go a long way to make administration more citizen centric. There are numerous impediment in complete realization of e-governance, which needs to be removed in order to make it more participative:

> Low literacy rate makes people participation in governance difficult.

> The digital divide is another impediment in path of e-governance. Access to the tools of communications and its affordability is another factor.

> The procedure to access services online could be made more simple and citizen friendly.

> Grievance reddressal mechanism should be strengthened. Nevertheless with the gradual increase in digital literacy and awareness level, e-governance is bound to become more participative in the near future.

Ans. The Right to Information Act 2005 empowers ordinary citizens to question the government and its working. Till 2005, the citizens had no access to any information which was dealt by a Public Authority.

The RTI Act, 2005 did not create a new bureaucracy for implementing the law. Instead, it tasked and mandated officials in every office to change their attitude and duty from one of secrecy to one of sharing and openness. The Right to Information Act brought the working of bureaucrats under public scanner, since it enabled general public to:

> Inspect work, documents and records.

> Access notes, extracts or certified copies of documents.

> Take certified samples of material.

> Obtain information in print or electronic mode.

Since its enactment the RTI act has been widely used by citizens and media to uncover corruption, progress in government work, expenses related information, etc.

The right to information act discloses the secrecy of administration thus enabling way for transparency. Besides it fixes the accountability of the civil servants. Now with the legal support of RTI Act any person can question the functioning of a public authority. Therefore it would be right to comment that the Right to Information Act has forced civil servants to come out of steel frame and serve people sincerely.

Ans. The Scheduled Tribe (ST) population of Uttar Pradesh according to 2001 census is only around one lakh, constituting a meagre 0.1 per cent of the total population. The main tribes residing in UP are Tharu, Buksa, Bhotia, Jaunsari and Raji.

On the other hand the Scheduled Caste (SC) population of Uttar Pradesh is around 3.5 crore at 2001 census, constituting 21.1 percent of the total population.

Many schemes launched by Uttar Pradesh government has significant bearing on the welfare of SC/ST population in the state:

> The youth of SC/ST population is getting skill training under the Kaushal Satrang Scheme.

> The Yuva Hub Scheme is providing employment to thousands of skilled youth.

> The young population of SC/ST are getting a stipend of Rs 2500 under CM apprenticeship scheme.

> The Rani Lakshmi Bai Mahila Samman Kosh is addressing to the needs of women and girls who are victims of heinous crimes.

> Under the Bhagya Lakshmi Yojana all girls born in poor SC/ST families are entitled to 50,000.

> Amid the Covid-19 pandemic the UP government launched the Navin Rojgar Chhatri Yojana for an all-round development of the Scheduled Castes

> Uttar Pradesh government has recently embarked upon a scheme to take the unique culture of its ethnic Tharu tribe across the world.

> UP government has announced to depute “Arogya Mitras” at all primary health centres to inform people about government health schemes.

Additional Notes: The entire tribal population has a lower literacy rate and the Work Participation Rate is also lower than that of all STs at the national level. Cultivators constitute the highest proportion (44.6 per cent) among the total tribal workers.

The SC population is in UP is predominantly rural. The work participation rate of the SC population of UP is lower than that of all SCs at the national level.

Recently UP government has decided to move 17 OBC list to Scheduled Caste. So as to make them less vulnerable to competition as the SC group is smaller as compared to OBC.

Ans. Prime Minister Narendra Modi and Chinese President Xi Jinping met at Mamallapuram at second Indo-China informal summit in 2019. The two Leaders had an in-depth exchange of views on overarching, long-term and strategic issues of global and regional importance.

However in next few months one of the longest ever border standoff started at the Indo-China border in the eastern Ladakh. There are multiple reasons

behind the current dispute at line of actual control.

The areas of contention along the LAC has a higher degree of strategic relevance for both nations. The DBO is the only operation airfield close to LAC. Besides the Chushul Valley has a vital airstrip at a height of over 13,000. China is irritated with the pace of India’s infrastructure development along the border. India’s construction of a new road to a high-altitude DBO air base is seen as one of the main triggers behind the recent clash at Galwan. China is suspicious of India’s strong presence close its belt and road project which passes through Pakistan occupied Kashmir.

It is alleged that China wanted to diverted attention of its people from growing internal discontent in the aftermath of Covid-19 pandemic.

Historical patterns in China’s behaviour suggest that Beijing is willing to pick fights in order to weaken external anti-China coalitions.

From China’s perspective a conflict on the border could compel India to divert its resources from the maritime Indo-Pacific strategy toward building up its land-based capabilities in the disputed region.

Additional Notes: A 1996 agreement prohibited the use of guns and explosives near the Indo-China border. This enabled frequent incursions by the Chinese troops at the LAC.

Off late after nine-months of military standoff along the Line of Actual Control (LAC) in Ladakh, both sides have mutually agreed to synchronized and organized disengagement.

Ans. The Quadrilateral Security Dialogue (QSD) is an informal security forum between the United States, Japan, Australia and India. The idea of QUAD was mooted by Japanese Prime Minister Shinzo Abe in 2007. The guiding principles of Quadrilateral Security Dialogue is to secure a rules-based global order, liberal trading system and freedom of navigation in Indo-Pacific region. The need to set up the QUAD comes in the backdrop of growing Chinese assertiveness in the South China Sea. QUAD gives India a powerful platform

to advance its interests in East Asia, coordinate strategies with powerful allies and add strength to its Act East initiative.

The Malabar Military exercise is annual trilateral war game involving the United States, Japan and India since 1992. It began to contain the growing assertiveness of China in South and East China seas and consistent bullying of smaller SE Asian countries like Vietnam, Philippines etc. at the hands of China.

The long standoff in Himalayan borders resulted into inclusion of Australia in Malabar Exercise in 2020. It has raised the strategic importance of Malabar as both India and Australia has strained relation with China in present time. The Malabar exercise 2020 would send a significant message to China as it has become a de facto military alignment of QUAD group.

Military cooperation between countries should be conducive to regional peace

and stability. Inclusion of Australia into Malabar is right step in right direction. Containment of China in Indo-Pacific will only further New Delhi’s strategic interests in the region.

Ans. During a global pandemic like Covid-19, the W.H.O. is meant to serve as a central coordinating body, guiding containment, declaring emergencies and making recommendations with countries sharing information to help scientists address outbreaks.

However U.S. President has criticized World Health Organization for misshandling the COVID-19 Pandemic and has alleged that its actions were China centric.

Despite of the allegations, W.H.O’s actions in the battle against Covid-19 cannot be overlooked.

In December 2019 China reported to the W.H.O of a cluster of pneumonia cases in the city of Wuhan. Simultaneously W.H.O sent technical guidance to all countries on how to detect, test and manage potential cases.

In the beginning the WHO experts were divided about the threat perception of

the virus. Still WHO declared COVID-19 to be “a public health emergency of international concern” as early as in January 2020. In the same month W.H.O warned the world that the virus had the potential to become global in scale. Once it was clear that the Covid-19 has become a global threat, W.H.O played a central role in co-ordinating all the efforts to tackle the pandemic. May it be the preventive measures like lockdown and social distancing or curative measures like the medicines and the run to vaccine, W.H.O has effectively delivered the role of a global health agency.

Nevertheless one should keep in mind that the WHO relies heavily upon data provided and filtered by member states. Also that China has had a historical aversion to transparency and sensitivity to international criticism.

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