GENERAL STUDIES

MAINS TEST SERIES 2016

MODEL ANSWERS (TEST I)
Ans 1. Presidential and parliamentary forms of democracy are differentiated by the core
characteristic of the relation between the Legislature and Executive. In the Presidential system,
Executive is completely separated from the Legislature whereas in the parliamentary form Executive
is a part of the Legislature. For example, in the Westminster (British) type that India has adopted,
Ministers (Executive) invariably are members of legislature. In the USA, it is the opposite: Neither
the President nor his Secretaries are allowed to be members of US Congress.
There is case being made that India should shift to Presidential system because it give provide a
decisive national leadership for the government. Also, security of tenure is nearly guaranteed as the
life of the Executive is not dependent upon having to enjoy majority in the legislature. Further, best
cabinet can be formed its members need not be members of legislature. However, these points are
largely devoid of relevance today as we have presidentialised elections where the partys fortunes to
a significant extent depend on its leader. Premature elections are ruled as majority is available to the
ruling party/coalition and coalition dharma is institutionalised. Most suitable members of cabinet are
appointed either from parliament or are elected. Finally, diversity of India requires parliamentary
system. Thus, presidential system is not relevant to India.
Ans 2. The nature of political party system in India went through many changes since Independence.
While the Indian National Congress dominated the political landscape for three decades at the
national level so much so that the party system was in effect Congress System (Congress represented
all ideological streams including the opposition points of view), the nature changed decisively by
the late eighties. The domination of Congress fell steeply, the political space being occupied by
regional parties like TDP, Janata Dal, RJD etc. Bharatiya Janata Party emerged at the national level
as an alternative. Thus, loyalties of the electorate were deeply fragmented and coalition governments
became inevitable. The trend continued unabated since mid-1990s till 2014 when the BJP emerged
as the party with more than the majority that is required to form the government.
It is difficult to say if the current state of the party system is a trend or a temporary a result of the
anti-incumbency and leadership of BJP that raised huge expectations.
There is also certain level of polarization one pole being the BJP and the other is an agglomeration
of parties with INC playing the pole.
Ans 3. The term trias politica or separation of powers was coined by Montesquieu, an 18th
century French social and political philosopher. Under his model, the political authority of the state
is divided into legislative, executive and judicial powers. He asserted that, to most effectively
promote liberty, these three powers must be separate and acting independently. It protects
democratic rights and good governance. Separation of powers, therefore, refers to the division of
government responsibilities into distinct branches to limit any one branch from exercising the core
functions of another. The intent is to prevent the concentration of power and provide for checks and
balances.
However, no democratic system exists with an absolute separation of powers or an absolute lack of
separation of powers. Governmental powers and responsibilities overlap; they are too complex and
interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition,
cooperation and conflict among the branches of government.
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In the case of India, as in any modern parliamentary system, there is SOP but in a limited way unlike
a presidential system. Law making, execution and adjudication are separated among legislature,
executive and judiciary. However, there are instances where joint responsibility is exercised:
judicial activism for food security, black money eradication and pollution control in the country.
There is conflict as well: for example, Presidential veto over parliamentary legislation as in the case
of Office of Profit Bill 2006 which is unconventional. Also, judicial overreach as in the case of
appointments to higher judiciary.
Ans 4. Article 17 abolishes and forbids untouchability in any form. At the same time, it also makes it
an offence punishable as per the law made by the Parliament.
In order to fulfill the mandate of Article 17 of the Constitution, the Parliament enacted the
Untouchability (Offences) Act, 1955, Protection of Civil Rights Act 1976 and Scheduled Caste and
Scheduled Tribes (Prevention of Attrocities) Act, 1989. Together the laws lay down comprehensive
and punitive measures to deal with and to prevent discrimination and atrocities against dalits.
These above mentioned Acts were made with good intention and with positive objective of removing
discriminatory practices against untouchables/dalits but in actual practice, these Acts have failed to
live upto their expectations. Reasons are many:
The discrimination is deeply entrenched in the society being centuries old

Unless accompanied by economic and political empowerment, effectiveness of laws becomes

limited

Social churning itself creates tensions in the transitory phase, current phase, taking violent
shape

The hereditary occupations that are demeaning continue to be in vogue still. The solution this is:
more education, equitable growth, urbanization and globalization even as law continues to contribute
its part to social reform.
Ans 5. Preamble to the Constitution of India contains the introduction. It enshrines the nature of
Indian polity in all its core features. It confers sovereignty on people which is the foundation of any
democracy. It establishes republican polity which is a further reinforcement of the democratic
values. India being a country with cultural diversity, secularism is necessary for national integration.
Economic well-being where we find prosperity and equity is important for other political institutions
like democracy to succeed. Therefore, Preamble commits the nation to socialism.
India like most Asian countries suffers from steep gender disparities which makes it necessary to
render equality as well as equality of opportunity. Same rationale applies to social and economic
divisions and disparities in general. Preamble addresses the same by promising justice: social,
economic and political. No nation can progress without empowering individuals with liberties.
Preamble spells out multiple dimensions of liberty: thought, express, faith, belief and worship.
Finally, Preamble assures a polity where each citizen is respected so that he feels a sense of dignity.
Preamble is a set of commitments to certain ideals. Since 1950, laws made and institutions set up in
India pursued these ideals effectively.
Ans 6. Proportional representation (PR) is adopted in the election to the Rajya Sabha, President and
Vice President of India. It is in contrast to the first past the post system which is adopted for the Lok
sabha and State assembly elections where relative majority more than the second in line- counts
and not simple majority. PR system characterizes electoral systems by which divisions in an
electorate are reflected proportionately in the elected body. If 15% of the electorate support a
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particular political party, then almost 15% of seats will be won by that party. The essence of such
systems is that all votes contribute to the result: not just a plurality as in the FPTP system.
The merits of the system are:
There is a close correspondence between votes polled and seats gained

Minorities and other distinct groups will have their representatives

Party in power will have not only seats but also equally popular electoral base as well.

Demerits are:
It is tough to enforce as the quota system and single transferability are complex

It balkanizes the electorate- divides them into blocks which is unhealthy for nation-building
through democracy.

Solution lies in a mix of both- essentially FPTP system is t be followed. But some seats must be
given on the basis of votes as well in addition.
Ans 7. Rights of the girl child are essentially the same as the rights of all children with the crucial
difference that girl child is subjected to widespread social and economic discrimination, particularly
in India. Girl children are those under 18 years of age. The rights children enjoy include
nondiscrimination; the right to survival and development of potential; protection from harmful
influences, abuses and exploitation; and full participation in family, cultural and social life. Some
human rights violations are unique to the girl child, including discrimination based upon sex,
prenatal sex selection, female genital mutilation and early marriage.
Art.15 says special laws can be made for children. Art.15 says preference can be shown towards
women. Other Fundamental Rights and DPSPs relevant are: Art.16, 19 and 21. Art.39 is equally
relevant.
The girl child is one of the 12 critical areas in the 1995 Beijing Platform for Action, which
recommends elimination of all forms of discrimination and abuse of girls and protection of their
rights. It also recommends enhanced development and training to improve their status and eliminate
their economic exploitation. Awareness of girls needs and potential should be improved in society
and among the girls themselves so they may participate fully in social, economic and political life.
Progress has been made, but much remains to be done to protect girls rights and assure them a
future in which they may benefit themselves and their communities.
Government has many schemes like Sarva Siksha Abhiyan, Kasturba Gandhi Balika Vidyalaya,
Ladli Beti Yojana, Delhi PNDT Act, Beti Padhao Beti Bachao etc.
Ans 8. In recent times, middle classes seem to be becoming more and more vocal and are being
considered as politically important by political parties because they are: on television screens, and in
newspapers; as the angry aam aadmi , protesting on the urban streets; as the catalyst that propelled a
new party, the Aam Aadmi Party to power in Delhis Assembly Election. They are against
corruption and want rule of law and public safety. They are instrumental in shaping public opinion
and are active on FB, Twitter and other social media. Election manifestos are influenced by them.
Government programmes (e-commerce, Aadhaar, highways, regional air connectivity etc) are
initiated for them. All political parties have their social media wings which are very active for
influencing political perceptions.

However, it needs to be clarified that political parties have a tough challenge in addressing what is
called the Middle class in India as it is a complex group that is difficult to define. It is highly
heterogeneous - differentiated by income, education, occupation, as well as by caste, language,
religion, age, gender, ethnicity, rural or urban location. There is new middle-class which is the
result of India's transition to liberalization - the prosperous, young, metropolitan, white collared
professionals. It supports efficiency, merit, competition (market principles), over distributive justice,
equity, and democracy.
By the behavior of middle class in recent years as democracy deepens in India, it can be surmised
that it no longer perceives democracy as dirty politics. The role of State differs for different
streams of the middle class as some expect it to be a referee and some expect to be a welfare State.
Ans 9. India has a finely devised federal system where the entire set of governmental powers are
divided between Union and State Governments. There are 3 Lists in the Seventh Schedule where the
3 Lists are contained_ Union, State and Concurrent Lists. However, in the working of the system,
there have been many strains and stresses. Also, developments have taken place that challenge the
federal system to adapt for greater cooperation and harmony.
Firstly, in the fiscal field, tax reforms have been a great challenge because both the federal units
have important role to play. In the case of GST law, it has taken more than 16 years to put it into
place with an amendment to the Constitution.
Secondly, in the area of governance, political parties have not been able to respect the cooperative
federal principle. They have resorted to abusing Art.356 - Presidents Rule - to have political gains.
This is a challenge that needs to be grappled with urgently. For the time being, however, judiciary is
playing its part in harmonizing the federalism in India.
Regional economic imbalances are another challenge because federalism succeeds only when there
is relative equality among states as otherwise migration problems, fiscal pressures etc will weaken
the federation.
National security is posing its own challenges as states resent central interference in law and order.
The issue was highlighted in the case of handling Maoist challenge in the red belt.
Regionalism is at times becoming secessionism and threatening federal provisions of state
autonomy.
Ans 10. In the Seventh Schedule to the Constitution, it provides for division of power to tax between
the Centre and States. While the Centre is empowered to tax services and goods upto the production
stage (excise duty), the States have the power to tax sale of goods (VAT). The States do not have the
powers to levy a tax on supply of services while the Centre does not have power to levy tax on the
sale of goods. Constitution also does not empower the States to impose tax on imports. Therefore, it
is essential to have Constitutional Amendment for empowering the Centre to levy tax on sale of
goods and States for levy of service tax and tax on imports. It is necessary that special attention be
paid to the formulation of a mechanism for upholding the need for a harmonious structure for GST
along with the concern for the powers of the Centre and the States in a federal structure. It is done by
way of establishing GST Council with suitable features for making policies and resolving disputes
amicably.
122th Constitution Amendment Bill is required for this reason.

Ans 11. In October 2015, Supreme Court of India struck down the National Judicial Appointments
Commission (NJAC) Act and the 99th Constitutional Amendment Act which gave a new system of
appointment of members of higher judiciary- High Courts and the Supreme Court. A final say in the
appointment of judges in High Courts and the Supreme Court. It was this judgment that had
recommended appropriate measures to improve the working of the Collegium system. A separate
order, passed by a five-judge bench in December 2015, listed factors these included eligibility
criteria, transparency in the appointment process, secretariat and complaints for preparing the
Memorandum of Procedure (MoP). As indicated above, one issue of relevance is: seniority as a
factor , to what extent it should be subject to merit and integrity. The government says that of the
five judges of the Collegium for appointing Supreme Court judges, the views of each one must be
made known to the government. This is necessary for the sake of transparency. The government
proposed that up to three judges may be appointed from the Bar or from distinguished jurists with
proven track records. Governments proposal is to set up an institutional mechanism in the form of a
committee to assist the Collegium in evaluation of the suitability of prospective candidates. It wants
two retired judges of the Supreme Court and an eminent person/jurist to be jointly nominated by the
Chief Justice of India and the government. The Collegium feels thats not necessary.
Ans 12. There are over 3.5 crore cases pending in Indian Courts and unless speedy dispensation of
justice is delivered, it may dent on public confidence in the system. The following reforms will be
helpful:
1. fill up the existing vacancies
2. create more posts as law Commission recommended
3. Repeal archaic laws
4. Popularize Lok Adalats and Gram Nyayalayas
5. Cut down on adjournments
6. No advocates in consumer courts, family courts, small causes courts should be allowed
because they indulge in lengthy litigation.
7. Criminal cases of serious nature should be expedited by hearing on day-to-day basis.
8. Flimsy, false, minor cases pending for over 2 years should be sent for mediation or dismissed.
9. Supreme Court should have Benches in Bombay, Kolkata and Bengaluru for quick disposal of
cases
10. Court proceedings may be on local language
11. Stringent rules for government staff for unsatisfactory investigation, false cases, for not
serving court summons or warrants
12. E-courts must be set up.
The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts
Act, 2015 and the Arbitration and Conciliation Act (Amendment) Act, 2015 will go a long way in
speeding up justice in some sectors.

Ans 13. The reasons for suggesting simultaneous elections are:

1. the cost of conducting elections is a fiscal burden
2. election fatigue of voters should be considered
3. Model Code of Conduct that comes into operation with the announcement of elections by the
Election Commission stalls all policy making and so difference schedules would mean more
paralysis
4. The administrative staff on election duty is a huge diversion of government human resources from
urgent priorities including law and order and development
5. Electorate has shown maturity by electing different parties to different bodies- Bihar and NCT of
Delhi in 2015
6. With so many elections round the year, government cant take long term decisions and adopts vote
catching populist policies thus eroding development
These objectives are convincing and are agreeable. However, there can be practical issues like
having to guarantee that mid-term elections do not take place that can disturb the cycle. If a
government at centre or state loses majority ad has to have out of turn elections, its elections cannot
be synchronized with others. Similarly, a government can opt for snap elections to gain from
goodwill. Then again, there is a gap in schedules.
Ans 14. The Citizenship (Amendment) Bill, 2016 was introduced in Lok Sabha in the monsoon
session 2016. The Bill seeks to amend the Citizenship Act, 1955. The 1955 Act prohibits illegal
migrants from acquiring Indian citizenship. It defines an illegal migrant as a foreigner: (i) who
enters India without a valid passport or travel documents, or (ii) stays beyond the permitted time.
The Bill seeks to amend the Act to provide that the following groups of persons will not be treated as
illegal migrants: (i) Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan, (ii) who have been exempted from provisions of the Passport (Entry into
India) Act, 1920, and the Foreigners Act, 1946 by the central government. The 1920 Act mandates
foreigners to carry passport, while the1946 Act regulates the entry and departure of foreigners in
India. The Bill seeks to amend the naturalization law as well. The 1955 Act allows a person to
apply for citizenship by naturalisation, if the person meets certain qualifications. One of the
qualifications is that the person must have resided in India or been in service of the central
government for at least 11 years before applying for citizenship. The Bill creates an exception for
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan,
with regard to this qualification. For these groups of persons, the 11 years requirement will be
reduced to six years. The need is to alleviate the hardships of minorities in the said countries who
choose to migrate to India. Seeing the miseries of the groups in countries mentioned above, the law
becomes justified. For Muslims who feel persecuted in the said countries, we have a liberal asylum
law. However, critics hold that not including Muslims in these groups is partisanship.
Ans 15. The Ninth Schedule was added to the Constitution by the First Amendment in 1951 along
with Article 31-B with a view to provide a protective umbrella to certain land reform laws to save
them from being challenged in courts on the ground of violation of fundamental rights Art.14,19
and 31. The idea was to facilitate speedy execution unburdened by judicial litigation leading to
enormous delays in matters particularly related to welfare and redistribution policies. Supreme court
did not object to it. However, in IR Coelho versus State of Tamil Nadu, various laws placed in the
Ninth Schedule were challenged on the ground that any law violating fundamental rights should be
struck down as unconstitutional and that the courts power of judicial review cannot be taken
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away. A nine-judge constitution bench delivered its verdict on the issue in January 2007.The SC
upheld the validity of Article 31-B and Parliaments power to place a particular law in the Ninth
Schedule. But it said laws placed in the Ninth Schedule are open to judicial scrutiny to see if they
violated the basic features of the Constitution as decided by the Supreme Court after the
Keshavanand Bharti Judgment on April 24, 1973. Violation of FRs, even the golden triangle of
Art.14, 19 and 21 was possible but only if the Supreme Court accepted the Government view that
such violation was necessary in public interest.
Ans 16. Representation of Peoples Act 1950 (RPA Act 1950) deals with qualification of voters;
preparation of electoral rolls; delimitation of constituencies and allocation of seats in the Parliament
and state legislatures. Representation of People Act, 1951, on the other hand provides for the
conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of
each State, the qualifications and disqualifications for membership of those Houses, the corrupt
practices and other offences at or in connection with such elections and the decision of doubts and
disputes arising out of or in connection with such elections. The Acts were enacted by the
provisional parliament under Article 327 of Indian Constitution, before the first general election.
In 2013, the Supreme Court of India, in its judgement in the Lily Thomas v. Union of India case
ruled that any MP or MLA or who is convicted of a crime and awarded a minimum of two year
imprisonment, loses membership of the House with immediate effect. It nullifies the exemption
enjoyed by them- the sitting members- under Section 8(4) of the Representation of the People Act,
1951 which allowed elected representatives three months to appeal their conviction.
Ans 17. Election manifestoes of political parties promise many benefits that include measures such
as social security, quality education, safe drinking water facility and primary healthcare, medical
cover for widows, old age pensioners, farmers, abolishing of child labour etc. These policies are a
reflection of the DPSPs and are welcome. However, there is a new trend in which they promise
Freebies. Freebie is defined in Webster dictionary as something given without charge. These
promises may be aimed at targeted groups of electorate like, BPL families, weaker sections of the
society, women, handicapped etc., as well as at electorate as a whole: financial handouts, consumer
durables like mixies; mangalsutras etc. Although, the law says that the promises in the election
manifesto cannot be construed as corrupt practice under Section 123 of RP Act, it is undeniable
that distribution of freebies of any kind, undoubtedly, influences all people. It violates free and fair
elections to a large degree. It disturbs the level playing field and vitiates the electoral process.
The Supreme Court in 2013 directed the Election Commission to frame guidelines for the contents
of election manifestos in consultation with all the recognized political parties.
Freebies hide corruption; turn parties into populist entities; strain budget without creating durable
assets; make election process money-intensive etc. Therefore, the EC guidelines in the Model Code
of Conduct are essential. EC under Art.324 should hold free and fair elections and so it becomes the
responsibility to rid the elections of such unnecessary freebies.
Ans 18. The political crisis in Uttarakhand in March 2016 started when assembly members of the
ruling party indulged in anti-party activities that were violative of the Anti-Defection law (1985,
52nd amendment Act) and they were disqualified by the Speaker. Similarly, in Arunachal Pradesh
there was dissidence in the ruling party and Speaker acted similarly earlier in 2016. In both the
cases, certain issues related to the need for changes in the anti-defection law came to fore to make
the statute effective and fair and they are the following:
a. Speakers decisions can be construed as partisan as they were timed to suit the ruling party
b. Speaker should resign from the party to which he belongs after being elected so that his status
as above-party politics is credible
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c. While Speakers removal is under consideration, he should not give any ruling under the antidefection law
d. It may be looked into if the power disqualifying can be removed from Speaker and vested with
the President/Governor in consultation with the Election Commission.
Ans 19. After the ghastly Nirbhaya tragedy in 2012, Criminal Law (Amendment) Act, 2013 was
made .It amends various sections of the Indian Penal Code, the Code of Criminal Procedure, the
Indian Evidence Act and the Protection of Children from Sexual Offences Act. With an aim of
providing a strong deterrent against crimes like rapes, the new law states that an offender can be
sentenced to rigorous imprisonment for a term which shall not be less than 20 years, but which may
extend to life, meaning imprisonment for the remainder of the convict's natural life and with a fine. It
has provisions for handing out death sentence to offenders who may have been convicted earlier for
such crimes. The law, for the first time, defines stalking and voyeurism as non-bailable offences if
repeated for a second time. Perpetrators of acid attack will attract a 10-year jail. The Bill
incorporates suggestions of the Justice J S Verma Committee.
Vishaka Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment
by the Indian Supreme Court in 1997 and were incorporated in 2013 by The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Ans 20. Fifth Finance Commission introduced SCS in 1969 in which some underdeveloped states
were given concessional Central plan assistance and tax concessions. The National Development
Council (NDC) laid five guidelines for it hilly and difficult terrain; low population density or
sizable share of tribal population; strategic location along borders with neighbouring countries;
economic and infrastructural backwardness; and non-viable nature of State finances. By 2014, there
were 11 states with the SCS status. However, the 14th Finance Commission scrapped it.
Bihar seeks it as it boosts their revenues. AP seeks the status as it is starved of funds due to
bifurcation ad losing the revenue that Hyderabad city provides. Further, it had to build a capital city
for the new state from scratch. The SCS window does help as it boosts budgetary resources because
the central plan assistance is a grant upto 90% and only 10% needs to be repaid. Tax concessions
will attract investments. However, in itself SCS is not the complete solution as the 11 states that
received the concessional treatment are not so developed after all these decades. It needs to be
reinforced with right policies and god governance. Implementational issues for government schemes
need urgent attention.