Gs2

CONSTITUTION NOTES
AMENDMENTS: PROCEDURES AND ISSUES

Constitutional Provisions:
Article 368 in Part XX of the Constitution deals with the powers of
Parliament to amend the Constitution and its procedure. It states that the
Parliament may, in exercise of its constituent power, amend by way of
addition, variation or repeal any provision of the Constitution in
accordance with the procedure laid down for the purpose. However, the
Parliament cannot amend those provisions which form the basic
structure of the Constitution.

Procedure:
1.

Bill to amend constitution is initiated in either house of parliament

2.

Bill can be introduced either by a minister or by a private member

and does not require prior permission of the president.

3.

Bill must be passed in each House by a special majority (i.e. 50% of

total membership of the House and a majority of two-thirds of the
members of the House present and voting)

4.

Each House must pass the bill separately. In case of disagreement

between houses there is no provision for joint sitting.

5.

Bill seeking to amend the federal provisions of the Constitution must

also be ratified by the legislatures of half of the states by a simple
majority

6.

President must give his assent to the bill. He can neither withhold
his assent to the bill nor return the bill for reconsideration of the
Parliament

The Constitution can be amended in three ways:

1.

Amendment by simple majority of the Parliament (these

amendments are not deemed to be amendments of the Constitution for
the purposes of Article 368),

2.
3.

Amendment by special majority of the Parliament, and

Amendment by special majority of
ratification of half of the state legislatures.

the

Parliament

and

the

In order to address changing requirement and address emerging issues

constitution has to be dynamic and a living document, thereby
amending it periodically becomes inevitable. This is the reason why in last
6 decades more than 100 amendments have been passed. However this
does not mean that Indian constitution is too flexible to be easily
amended. In fact it is very finely balanced when it comes to amendments.
It gives leverage to centre for making cosmetic amendments by simple
majority and keeps a tight check when it comes to critical changes by
provisions for 2/3 majority. Most importantly it maintains a federal balance
with acceptance of amendments by half the states that relate to centrestate relations.

Why amendments are needed?

The Constitution is a living document and must reflect the growing

aspirations of the people of India from time to time.

Hence, it is argued that amendments to the Constitution are not

merely reflective of such aspirations but also emphasise and translate
the will of the people to carve out their own destiny.

Why frequent amendment can be bad?

Amendment may be politically motivated.

Such criticism is often made with reference to thecontroversial 42nd

amendmentbrought in by Indira Gandhi at the height of the
Emergency, when her powers were supreme.

Indian Constitution has proven relatively easy to change, and has

been amended more than once a year on average.

Even though the Indian Supreme Court has the power to strike down
or set aside constitutional amendments, it has no power to repeal

them, which means that many ineffective provisions of the Constitution

remain on the books.

Some of the amendments have been done in a hurrydue to the over

enthusiasm of the legislature, offending the basic structure of the
constitution

Judicial Pronouncements:
Judicial pronouncements restricted the power of Parliament for making
constitutional amendments only in such cases as where the basic
structure of the Constitution is not altered.
Mainly 3 judgement are responsible for this:
o

TheGolaknath v State of Punjab where it was upheld that

constitutional amendments through Article 368 were subject to
fundamental rights;

TheKeshavananda Bharati judgment(1973), where the doctrine

was espoused that the Constitution has a basic structure of
constitutional principles and values and that the judiciary has the
power to review and strike down amendments which conflict with, or
seek to alter, this basic structure of theConstitution

TheMinerva Mills casethat applied and evolved thebasic

structure doctrineof theConstitution, unanimously ruling that
Parliament cannot exercise unlimited power to alter this basic structure
or tread upon the fundamental rights of individuals, including the right
to liberty and equality.

Why have there been so many amendments to the Indian

Constitution? Do you think Indian Constitution is too flexible?
Critically analyse the nature of these amendments and causes
behind them. (200 Words)

42ND AMENDMENT

42nd Amendment Act:

Enacted in 1976 during Emergency by Indira Gandhi Government

It is regarded as one of the most controversial amendment

Amendment
1.

had

four

major

purposes:

Exclude the courts entirely from election disputes;

2.

To strengthen the central government vis--vis the state

governments and its Compatibility to rule the country as a unitary, not
a federal, system;

3.

To give maximum protection from judicial challenge to social

revolutionary legislation;

4.

To trim the judiciary, so as to make it difficult for the court to upset

parliaments policy in regard to many matters.

Changes

were

Preamble : It changed the characterization of India to "sovereign,

socialist, secular democratic republic" from "sovereign democratic
republic" and the words unity of the nation was changed to "unity and
integrity of the nation".

Parliament: Raised the term of Loksabha and Vidhansabha from 5

to 6 years. The quorum was left to be fixed by the rules of each
house.

Judicial : Stating that the amendments can't be questioned by any

court on any ground.

Executive: The amendment stated that the president shall act in

accordance to the council of ministers.

Federal : enable the Centre to deploy armed forces for dealing with
situations of law and order in any state.

Emergency :authorizing the President to declare emergency in "a

part" of the country

The 42nd amendment changed the whole complexion of the constitution,

making parliament the supreme sovereign body, excluding courts entirely
from election disputes, strengthening central government to rule as a unit
NOT as a federal system, cutting down the judiciary powers to challenge
legislation abolishing democracy and devaluing fundamental rights.

The 42nd Amendment almost rewrote the Constitution, making

Parliament the supreme sovereign body. Critically analyze. (200
Words)

44TH AMENDMENT

44th Amendment Act:

The 44th amendment of the Constitution was enacted by the Janata
Government mainly to nullify some of the amendments made by the 42nd
Amendment Act, 1976. It made wide scale changes to the Indian
Constitution to make the Indian polity more democratic.
Changes Made:
1.
2.
3.
4.
5.

6.

Constitutional protection to publication in newspaper of the

proceedings of the Parliament and State Legislatures.
Empowered president to send back advice of council of minister for
reconsideration.
Restoration of some powers of the Supreme Court.
Fundamental Rights Guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency.
It replaced the word "internal disturbance" with "armed rebellion". It
made president to declare national emergency only on written
recommendation of cabinet. Duration of national emergency should not
be extended more than 6 months at a time.
The Right to Property was deleted from the list of fundamental right.
It is now only a legal right under the Constitution.

7.

It provided for judicial review of election of president, governors and

LS speaker.
8.

The 44th Amendment Act repealed Article 19 (1) (f) and also took
out Article 31(1) has been taken out of Part III and made a separate
Article 300A in Chapter IV of Part XII. This amendment may have
taken away the scope of speedy remedy under Article 32 for the
violation of Right to Property because it is no more a Fundamental
Right. Making it a legal right under the Constitution serves two
purposes: Firstly, it gives emphasis to the value of socialism
included in the preamble and secondly, in doing so, it conformed to
the doctrine of basic structure of the Constitution.

Critically discuss why the 44th Amendment made to the

Constitution of India is considered as one of the most
important amendments. (200 Words)

BASIC FEATURE

The doctrine of Basic Structure of the Indian Constitution was evolved

during the landmark judgement in Keshvananda Bharti case 1973. The
basic structure concept implies that the Parliament's power to amend
Constitution (Article 368) is not unfettered. So any law or amendment
made is subject to the judicial review and the judiciary has the power to
struck it down if found ultra vires. So the Basic Structure reflects the
understanding of the thought and wisdom of our founding fathers and
seeks to curb any autocracy on the part of the State. It also bolsters the
idea that Judiciary is indeed the last resort of a citizen. This judgement can
be seen as a precursor to judicial activism.
From the various judgements, the following have emerged as basic
features of the Constitution:

Supremacy of the Constitution

Sovereign, democratic and republican nature of the Indian polity

Secular character of the Constitution

Separation of powers between the legislature, the executive and the

judiciary

Federal character of the Constitution

Unity and integrity of the nation

Welfare state (socio-economic justice)

Judicial review

Freedom and dignity of the individual

Parliamentary system
Rule of law
Harmony and balance between Fundamental Rights and Directive
Principles
Principle of equality
Free and fair elections
Independence of Judiciary
Limited power of Parliament to amend the Constitution
Effective access to justice
Principle of reasonableness
Powers of the Supreme Court under Articles 32, 136, 141 and 142

Write a brief note on the basic features of the Indian constitution.

If you are asked to alter or replace any of these basic features,
what would they be? Justify. (200 Words)
COMPULSORY VOTING

Compulsory voting at elections to local bodies in Gujarat

Gujarat Local Authorities Laws (Amendment) Act, 2009 received the
Governors assent. The Act introduces an obligation to vote at the
municipal corporation, municipality and Panchayat levels in the state of
Gujarat.
Following the amendments, it shall now be the duty of a qualified voter to
cast his vote at elections to each of these bodies. This includes the right
to exercise the NOTA option. The Act empowers an election officer to
serve a voter notice on the grounds that he appears to have failed to vote
at the election. The voter is then required to provide sufficient reasons
within a period of one month, failing which he is declared as a defaulter
voter by an order. The defaulter voter has the option of challenging this
order before a designated appellate officer, whose decision will be final.
The Act carves out exemptions for certain individuals from voting if
1.
He/ She is rendered physically incapable due to illness etc.;
2.
He/ She is not present in the state of Gujarat on the date of election;
or
3.
For any other reasons to be laid down in the Rules.
The previous Governor had withheld her assent on the Bill for several
reasons. The Governor had stated that compulsory voting violated Article
21 of the Constitution and the principles of individual liberty that permits
an individual not to vote. She had also pointed out that the Bill was silent
on the governments duty to create an enabling environment for the voter
to cast his vote. This included updating of electoral rolls, timely

distribution of voter ID cards to all individuals and ensuring easy access to

polling stations.
DUE PROCESS VS PROCEDURES ESTABLISHED BY LAW

Article 21 in The Constitution Of India

Protection of life and personal liberty :- No person shall be deprived of his
life or personal liberty except according to procedure established by law.
Difference between
established by law

Due

process

of

law

and

Procedure

Procedure established by law

It means that a law that is duly enacted by legislature or the

concerned body is valid if it has followed the correct procedure.

In this the court would assess that whether there is law or not,
whether the Legislature is competent to frame the law and whether it
had followed the procedure laid down to legislate and would not assess
the intent of the said law.

This doctrine has a major flaw. It does not assess whether the laws
made by Parliament is fair, just and not arbitrary.

Procedure established by law means a law duly enacted is valid

even if its contrary to principles of justice and equity.

Strictly following procedure established by law may raise the risk of

compromise to life and personal liberty of individuals due to unjust
laws made by the law making authorities. Thus, Procedure established
by law protect the individual against the arbitrary action of only the
executive.
Due Process of Law

Due process of law doctrine not only checks if there is a law to

deprive the life and personal liberty of a person, but also see if the law
made is fair, just and not arbitrary.

If SC finds that any law as not fair, it will declare it as null and void.
This doctrine provides for more fair treatment of individual rights.

Under due process, it is the legal requirement that the state must
respect all of the legal rights that are owed to a person and laws that
states enact must confirm to the laws of the land like fairness,
fundamental rights, liberty etc.

It also gives the judiciary to assess the fundamental fairness, justice,

and liberty of any legislation.

Thus Due process protect the individual against the arbitrary action
of both executive and legislature.
The difference in laymans terms is as below:
Due Process of Law = Procedure Established by Law + The procedure
should be fair and just and not arbitrary.

What is practically followed in India?

In India a liberal interpretation is made by judiciary after 1978 and it

has tried to make the term Procedure established by law as
synonymous with Due process when it comes to protect individual
rights.

InManeka Gandhi vs Union of Indiacase (1978) SC held

that Procedure established by law within the meaning of article 21
must be right and just and fair and not arbitrary, fanciful or
oppressive otherwise, it would be no procedure at all and the
requirement of Article 21 would not be satisfied.

Thus, the procedure established by law has acquired the same

significance in India as the due process of law clause in America.
Source (ForumIAS Daily Briefs)
FREEDOM OF EXPRESSION

Context:
Madras High Court judgement that the freedom of expressions of artists
and authors should be protected and instead of asking them not to
publish/display their work by citing reasons of law and order, the state
should focus on maintaining law and order
What HC has said?

Clarifying the real intent of freedom of speech as described in

Article 19(1)(a) of the constitution, the court ruled that, the
presumption of this article is freedom of speech and not restriction, so
till the time the court does not feel that the matter comes under the
ambit of reasonable restrictions under Article 19(2), the freedom of
speech must be guaranteed no matter what the opinion of a section of
society is

Court also suggested to institute an expert body which would deal

with the situation where there are conflict of views related to art,
literature etc. This expert body should consist of people qualified in the
branch of art and creative literature

Court has also asked the state to ensure that proper protection and
security is provided to the artists and author when they are attacked by
a section of society due to their work

FUNDAMENTAL DUTIES

Fundamental Duties:

Added by 42nd constitutional amendment act, 1976 based on the

recommendation of Swaran Singh Committee
The Part IV-A of the constitution specifies 11 fundamental duties in
Article 51-A
The 86th Constitutional Amendment Act of 2002 added 11th
fundamental duty.
Unlike FRs, FDs are not legally enforceable.

What are some additional duties which can be added?

1.
Duty to Vote: Article 326 and RPA,1951 confers right to vote. But
voter turnout remains low (~67% in last general election). This
undermines democracy and legitimacy of elected government
2.
Duty to Pay Taxes: Tax gap is continuously increasing. Only ~4%
pay taxes. This hampers social expenditure by government and thus
impacts standard of living.
3.
Duty to help accident Victims
4.
Duty to keep neighbourhood clean
Related Questions:

"Adopted in 1976, the Fundamental Duties have been incorporated

in the Constitution to remind every citizen that while enjoying their
rights, they also need to be conscious of their duties." Comment. (200
Words)
PREAMBLE

The
1.

Preamble

reveals

four

ingredients

or

components:

Source of authority of the Constitution: The Preamble states that the

Constitution derives its authority from the people of India.

2.

Nature of Indian State: It declares India to be of a sovereign,

socialist, secular democratic and republican polity.
3.
Objectives of the Constitution: It specifies justice, liberty, equality
and fraternity as the objectives.
4.
Date of adoption of the Constitution: It stipulates November 26,
1949 as the date.
The Preamble embodies the basic philosophy and fundamental values
political, moral and religiouson which the Constitution is based.
Preamble as Part of the Constitution:
1.
Berubari Union case (1960): Supreme Court specifically opined that
Preamble is not a part of the Constitution.
2.
Kesavananda Bharati case (1973): The Supreme Court rejected the
earlier opinion and held that Preamble is a part of the Constitution. It
observed that the Preamble is of extreme importance and the
Constitution should be read and interpreted in the light of the grand
and noble vision expressed in the Preamble.
3.
LIC of India case18 (1995): The Supreme Court again held that the
Preamble is an integral part of the Constitution.
Two
things
should
be
noted:
1.

The Preamble is neither a source of power to legislature nor a

prohibition upon the powers of legislature.
2.
It is non-justiciable, that is, its provisions are not enforceable in
courts of law.
In Kesavananda Bharati case SC held that Preamble can be amended,
subject to the condition that no amendment is done to the basic
features. The Preamble has been amended only once so far, in 1976, by
the 42nd Constitutional Amendment Act, which has added three new
wordsSocialist, Secular and Integrityto the Preamble.
Recent Issue: Government advertisement of Preamble (earlier version:
did not contained words - Socialist, Secular, and Integrity) on 66th
Republic day has caught up into a controversy in which different political
leaders are providing their own views on whether the two words should be
retained or not.
Historical significance1.
42nd amendment act was brought in 1976 during the time of
emergency
2.
Amendment was done to make the Parliament the supreme
sovereign body
3.
To protect the government from legal challenges
4.
Scholars says that the "secular" word was added to secure the rights
of minority during the tough period of emergency
Views in support of the amendment1.
Explicitly says that India is a secular country, which is one of the
base on which our democratic society lies
2.
In contemporary India, progressive states are also not free from the
taint of chauvinism and communalism, as well as jeopardizing the

interests of poor people in the hand of some capitalist class. Thus,

words acts as a check on mindless development and communalism
Views against the inclusion of words1.
Both are part of the constitution even without the explicit use
2.
Preamble explicitly spoke of securing to all the citizens Justicesocial, economic and political means socialist state while give Liberty of
thought, expression, belief, faith and worship. If we have this liberty
then we are a secular state. Thus, there was no need for the
amendment
3.
Art 25, 26 which is a fundament rights in which there can be no
state interference, clearly defines that we are a secular state.
4.
DPSP explicitly says that state should protect the interest of its
subject, which is one of the attributes of a socialist state
In the light of rumors that the words "socialist" and "secular"
would be removed from the preamble of Indian Constitution,
critically examine the historical significance of the amendment
through which these words were added and what result these
words has had on Indian polity since their insertion into the
preamble. (200 Words)
RIGHT TO RELIGION

Article 25 says that all persons are equally entitled to freedom of

conscience and the right to freely profess, practice and propagate religion.
The implications of these are:
a.
Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires.
b.
Right to profess: Declaration of ones religious beliefs and faith
openly and freely.
c.
Right to practice: Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and ideas.
d.
Right to propagate: Transmission and dissemination of ones
religious beliefs to others or exposition of the tenets of ones religion.
But, it does not include a right to convert another person to ones own
religion. Forcible conversions impinge on the freedom of conscience
guaranteed to all the persons alike.
From the above, it is clear that Article 25 covers not only religious beliefs
(doctrines) but also religious practices (rituals). Moreover, these rights are
available to all personscitizens as well as non-citizens.
However, these rights are subject to public order, morality, health and
other provisions relating to fundamental rights. Supreme court with some
of its judgement has reiterated the fact that Indian law is above any
religious
law/practice.
Some
cases
are:

1.

Shah Bano case in which supreme court approved compensation to

Muslim women in case of divorce which was against Muslim personal
law.

2.

Shabnam Hashmi case refers to right guaranteed by Indian law to

adopt
child
with
all
legal
rights.

3.

SC in Mathura Ahir case reiterated that personal law are not law
under
article
13 .

4.

SC ruling against forced implementation of fatwa reiterated this

fact.

Also AP shah committee recommended to amend law for property right to

Christian women. Also there is provision for Equal distribution of property
to
girl
child in
Hinduism.
Constitution aims for uniform civil code which is above all religion personal
law and guarantees equal right and equal protection of law irrespective of
religion. Such cases strengthen the core of fundamental right which
excludes practices contrary to basic natural justice.
Further, the State is permitted to:
a.
Regulate or restrict any economic, financial, political or other
secular activity associated with religious practice; and
b.
Provide for social welfare and reform or throw open Hindu religious
institutions of a public character to all classes and sections of Hindus.
Recent Case: Although their personal law permits men to have four
wives, the Supreme Court recently ruled that a Muslim's fundamental right
to profess Islam did not include practicing polygamy. SC upheld the UP
government's decision to sack one of its employees on the ground of
misconduct for opting for a second marriage during existence of the first
marriage without its prior permission.

The fundamental right to religion does not include practices

which run counter to public order, health and morality. Elucidate
with
suitable
examples.
(150
Words)
RIGHT TO PRIVACY

Right to Privacy refers to respecting and ensuring the privacy of the

individual. It is not explicit under the Constitution, but Supreme Court in
subsequent cases like MP Sharma and Kharak Singh case have
mentioned that Right to Privacy is implicit in Preamble and Article 21.

Positives:
1.

This will ensure the dignity of the individual as mentioned in our

Preamble.
2.
It will impose restrictions on the government when it tries encroach
our privacy.
3.
It will also give impetus to the Right to personal liberty, under Article
21 of the Constitution.
Negatives:
1.

It can hinder the implementation and performance of welfare

schemes -like Aadhar and Direct Benefits Transfer-which requires
personal data of citizens. These schemes are well intended and helps in
identification of marginalised sections and effective implementation by
preventing leakages.
2.
Right to Privacy will also restrict police and intelligence agencies to
collect private information about accused, dead persons etc. as
mentioned in DNA Profiling bill.
Recent Developments like Neera Radia case, Ratan Tata petition against
Phone tapping, Aadhar Initiative etc. it has come under debate.
Aadhar - Privacy issue
Aadhar initiative requires collection of personal data from residents of
India, and this
has resulted in controversy regarding its potential to be missed. This is so
because:
1.

It requires collection of biometric details like iris scanning and finger

prints which are essentially crucial details and could be misused.
2.
Cyber space is a vulnerable space and is prone to threat.
3.
Cyber security architecture is not very strong in India.
4.
Aadhar lacks statutory back up and is running on an executive
order, which has also raised questions.
However, Aadhar in itself is a well-intentioned program so as to plug
leakages and ensure financial inclusion. This will lead to better targeting
of subsidies and hence reduce the burden of exchequer. But the costs
should not outweigh the benefits.
Towards this end, government must:
1.
Strengthen cyber security system
2.
Assure by means of legislation that private details would be
maintained private
3.
Judicial backing against violation of right to privacy.
This is the need of the hour as stalling of Aadhar doesn't fare well for
social security

programs.

Should Right to Privacy be made a Fundamental Right under our

constitution? Critically comment. (200 Words)
Is Right to Privacy a Fundamental Right in India? In the light of
concerns raised against government's initiatives to collect
personal
data from citizens, critically comment. (200 Words
SECTION 309 OF IPC SUICIDE

Section 309 in The Indian Penal Code: Attempt to commit suicide

Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall he punished with simple imprisonment
for a term which may extend to one year 1 [or with fine, or with both].
Supreme Court in 1994 put forward the observation that all fundamental
rights have both positive and negative connotation. For example, right to
freedom of speech also includes right to remain silent, right to do business
includes
right
not
to
do
business,
etc.
"Right to life" which is secured by the Article 21 of the Indian Constitution,
SC in P. Rathinam case for decriminalizing suicide stated that former
should include also the "right not to live a forced life" or "right to die". But
section 309 of IPC states attempt to commit suicide is punishable with
simple imprisonment up to one year and/or a fine.
The Government has decided to decriminalize attempt to suicide by
scrapping it from the Indian Penal Code. The decision comes six years
after the Law Commission of India recommended the repeal of Section
309 saying the act of taking one's own life should be treated as a
manifestation of deep unhappiness rather than a penal offence.
"Right to die" as deemed to be established by the decriminalization of
suicide is based on idea that it will promote cause of humanization. As
exercise of this right is central to personal autonomy and bodily integrity
and considered as of the precondition of humanization.
Some
1.

reservations

argued

by

specialist:

India has the highest suicide rate in world after China and
decriminalizing attempt to suicide will only increase this number
2.
Bihar government urged caution, saying suicide-bombers would no
longer be covered and deterred by law.

3.

MP government believed that the repeal would dilute Section 306

dealing
with
abatement
to
suicide.

It's obvious, logic of suspension of "freedom of speech" under specific

condition established by law and "allow to die" under Article 21 are not
the same. For example, if the sole bread winner of his family commits
suicide, his family would certainly be driven to destitution and thus suicide
doesn't
remain
a
private
affair.
Thus, decriminalizing suicide is a complex issue considering the unique
socio-cultural conditions of India. We should find better options by wide
public and parliamentary debate to smooth this issue.
In 1994 the Supreme Court gave a verdict that all fundamental
rights had positive as well as negative connotations. Can the
same logic be applied to Right to Life ? Critically examine in the
light of Government's recent decision to decriminalize section 309
of IPC which makes Suicide a criminal offence. (200 Words)
GOVERNANCE
ASPECTS OF GOVERNANCE
AADHAR

AADHAR vs Smart Cards

The Prime Ministers Office (PMO) has issued strict instructions to the
Information Technology Ministry to ensure that States and the Central
government stop issuing smart cards for new programmes for
beneficiaries, and to rely on the Aadhaar-based Direct Benefit Transfer
platform instead. Aadhaar is now backed by a law.

The move will impact ministries such as Labour, Social Justice and
Health, which are in the process or have already rolled out smart
cards.

The IT department has also been asked to prepare policy on the

delivery of various public services using Aadhaar, Jan Dhan Yojana and
existing platforms without the issuance of new smart cards.

The government had recently said that over 100 crore people,
constituting 93% of the adult population, had a unique identification
(UID) number under the Aadhaar platform.
Why Smart Cards are better?

Global financial infrastructure works on Smart Cards not on

Biometrics

Smart cards work using cryptography, which is more fool-proof than

biometrics. Biometrics allow for remote, covert and non-consensual
identification.
Ban on sharing AADHAR details

Government has banned agencies in possession of Aadhaar number

to publish or post the information publicly to ensure that the details are
not misused.
These agencies will have to ensure security and confidentiality of
the 12-digit resident identification number under the Aadhaar Act,
2016.
The biometric information collected by UIDAI cannot be shared with
anyone for any reason whatsoever.
These agencies will also have been mandated to inform Aadhaar
holders the purpose for which their details will be used. Any violation of
the Aadhaar Act will constitute an offence and is punishable under the
Act.
Under the Act, penalty has been prescribed for offences such as
impersonation of the Aadhaar holder at time of enrolment, tampering
with data and disclosing identity information.

BIMARU STATES

The BIMARU states are four northern Indian states: Bihar, Madhya
Pradesh, Rajasthan, and Uttar Pradesh. BIMARU is an acronym formed
from the first letters of the names of the states. It was coined by Ashish
Bose in the mid-1980s. BIMARU has a resemblance to a Hindi word
"Bimar" which means sick.
UP and Bihar are two of the original BIMARU states that are still backward
and have
not progressed vis-a-vis other states. Some of the reasons for this are:
1.

Administrative: The two states are large in size and at times have
become administratively unwieldy. There have been proposals to
further
divide
UP
although
they
have
not
materialized.

2.

Poor state of social indicators, like: Literacy rate ranking (among

35 states and UTs) Bihar: 35th, UP: 29th. - Maternal mortality rate (allIndia average 178 per 100,000 live births) Bihar: 219, UP: 292. Fertility
rate
(all-India
figure
-2.4) Bihar:
3.5,
UP:
3.3.

3.

Geographical: Both the states have international borders which are

not impermeable. There is a lot of movement of people, arms, drugs
which further creates law and order problems in the states.

4.

Historical: Historically Bihar and Central and Eastern UP have not

seen a major green revolution which brought prosperity to North Indian
states. Schemes like BGREI have been started and are expected to
show
results
in
years
to
come.

5.

Political: Some regard the continuous confrontation between

government at the centre and states as a reason for poor
developmental status of two states.

6.

Corruption

and

nepotism.

Positive

developments:

1.

UP and Bihar have well controlled the natural calamities i.e..

Famines, Floods and Droughts through scientific techniques. In PreIndependence period many famines and flood took place and presently
none
happens.

2.

They have utilized the multiple cropping pattern which hardly any
state
of
India
can
match.

3.

Due to the external factors like weather and area the productivity is
less otherwise if seen in controlling this much huge population there
effort is commendable.
4.
Panchayati
Raj
has
been
a
success
till
date.
The

solution

to

the

problem

involves

taking

following

steps:

1.

Human Resource Development: The two states share poor

literacy levels and health status of its residents. Governments at centre
and state must work in close cooperation with local governments and
administration to implement schemes in spheres of education, health
and
skill
development.

2.

Tourism: Bihar has a lot of potential for spiritual tourism whereas

UP can be developed as a site of eco-tourism. Tourism brings in
employment for the local people and additionally forex for nation.

3.

Investment: As has the case been in Gujarat, Tripura, Andhra

Pradesh, investment summits on similar lines to encourage private
investment in these areas can help generate income, employment and
infrastructure.

4.

Infrastructure:
Public
investment
is
much needed
for
infrastructural development. There is a lot of untapped potential for
roadways, railways and inland waterways. NW-1 on Ganga river has not
been used to the optimum.

All these suggestions if followed zealously can bring a major change in

the
developmental status of these states and truly bring forth the spirit of
inclusive
growth.

It is said that of the original Bimaru states, only Bihar and UP

have remained impervious to positive developmental changes.
Critically examine why and suggest what needs to be done to

develop

them.

(200

Words)

CPGRAMS

The CPGRAMS is an online web enabled application to facilitate speedy

redress of public grievances as it allows for online lodging and status
tracking of grievances by the citizens. The system is flexible enough to be
extended to multiple levels as per the requirement of concerned
Ministry/Department/ Govt. Organization for speedy forwarding and
redress of grievance.

With this, the Government aims to have minimum Government and

maximum Governance with citizen centric approach.

Award Scheme is expected to bring a sense of competitiveness in

Ministries/ Departments to address public grievances
NOTE: Use term CPGRAMS in your answers related to good governance,
transparency, Grievance Redressal etc.
CRIMINAL DEFAMATION

What is Defamation?
Defamation refers to the act of publication of defamatory content that
lowers the reputation of an individual or an entity when observed through
the perspective of an ordinary man. If defamation occurs in spoken words
or gestures (or other such transitory form) then it is termed as slander and
the same if in written or printed form is libel.
Criminal Defamation is legal : SC
The Supreme Court has upheld constitutional validity of penal laws on
defamation as the right to life under Article 21 includes the right to
reputation.
What was the case?
The petitioners had alleged that the provisions of criminal sanction act as
a censoring device thus violate the freedom of speech guaranteed by the
Constitution.
What are the current legal provisions?
Defamation in India is both a civil and a criminal offence.

In Civil Law, defamation falls under the Law of Torts, which imposes
punishment in the form of damages awarded to the claimant (person
filing the claim).

Under Criminal Law, Defamation is bailable, non-congnizable and

compoundable offence. Therefore, the police cannot start investigation
of defamation without a warrant from a magistrate (an FIR cannot be
filed). The accused also has a right to seek bail. Further, the charges
can be dropped if the victim and the accused enter into a compromise
to that effect (even without the permission of the court)

Sections 499 (Define defamation) and 500 (Determines punishment)

of the Indian Penal Code (IPC), 1860 make defamation a criminal
offence. In a criminal wrong a person can invite imprisonment up to
two years as per section 500 of IPC, while in a civil wrong a person may
be sued for monetary compensation.

What is the decision of SC?

Supreme Ruled that

Freedom of Right to speech and expression enshrined under Article

19 of Constitution does not confer any right to a person to trample the
reputation of others.

Right to free speech is not absolute, so it does not mean freedom to

hurt anothers reputation which is protected under Article 21 of the
Constitution.

Defaming a person amounts to offence against society and the

government is entitled to lodge a case against a person under criminal
defamation law.

Magistrates across the country to observe extreme caution while

issuing summons in private defamation complaints.

Henceforth the interim protection will continue and criminal

proceedings will remain stayed before trial court.
Some Facts:

The United Kingdom abolished criminal defamation altogether

Constitutional Court of Zimbabwe struck it down as

unconstitutional restriction upon the freedom of speech

an

Why defamation should remain a criminal offence?

Defamation should remain a penal offence in India as the defamer

may be too poor to compensate the victim in some cases.

Since there is no mechanism to censor the Internet from within,

online defamation could only be adequately countered by retaining
defamation as a criminal offence.

Also, criminalisation of defamation is part of the states compelling

interest to protect the right to dignity and good reputation of its
citizens.

Unlike in the U. S, defamation in India cannot be treated only as civil

liability as there is always a possibility of the defamer being judgment
free, i.e., not having the adequate financial capability to compensate
the victim.

Besides, Sections 499 and 500, framed in 1860, cannot be said to

obsolete in a modern democratic polity as there are 10 exceptions to
Section 499 of the IPC. These exceptions clearly exclude from its ambit
any speech that is truthful, made in good faith and/or is for public
good.
Why defamation should be a civil offence only?

Critics argue that defamation law impinges upon the fundamental

right to freedom of speech and expression and that civil defamation is
an adequate remedy against such wrongs
The misuse of law as an instrument of harassment is also pervasive
in India. Often, the prosecutors complaint is taken at face value by
courts, which send out routine notices for the appearance of
defendants without any preliminary examination whether the offending
comments or reports come under one of the exceptions spelt out in
Section 499. Thus, the process itself becomes the punishment
Criminal defamation has a pernicious effect on society: for instance,
the state uses it as a means to coerce the media and political
opponents into adopting self-censorship and unwarranted self-restraint

What needs to be done now?

Reforms to defamation would best be done through the enactment of a
new statute. Such a law should decriminalize defamation and reform civil
defamation to make it fairer and clearer.

The new law should also factor in the Internet and new media when
deciding issues like who can be punished for defamation and how.

Limits should also be set around civil defamationnot only must the
loss to reputation be serious, the proof must also be substantial. The
complainant must demonstrate that material injury was caused to their
reputation as a direct result of the alleged statement.

Truth, opinion and reasonable inference should also be made viable

defences in defamation suits.

Courts should also be empowered to impose exemplary costs on

frivolous suits that waste their time.

To ease the burden of the judiciary, it is vital that courts are required
to only hear serious defamation cases that havent been amicably
settled.

Legal reforms can also be supplemented by measures addressing

the imbalance of resources, such as indemnification clauses in
contracts for journalists and a form of defamation insurance.

Do you think the presence of Sections 499 and 500 (criminal

defamation) of the Indian Penal Code is an affront to free speech
prescribed under Article 19 (2) of the Constitution? Critically
comment. (200 Words)

Section 499 of IPC: Defamation Whoever, by words either spoken or

intended to be read, or by signs or by visible representations, makes or

publishes any imputation concerning any person intending to harm, or

knowing or having reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter
expected, to defame that person.

Section 500 of IPC: Whoever defames another shall be punished with

simple imprisonment for a term which may extend to two years, or with
fine, or with both.

In many countries defamation is defined both as a civil wrong and a

criminal offence. In other words, a person can either be sued for
compensation by the affected person or be criminally prosecuted by the
state. Article 19 campaigns against criminal defamation as it is a
disproportionate punishment and has a harsh effect on freedom of
expression.

While the right to freedom of speech is granted by constitution, it is

subject to reasonable restrictions of which defamation is one.
Unsubstantiated or wrong allegations often cause irreparable damage to
the reputation of a person and may cause financial as well as physical
harm. Thus, it is important to protect against defamation.

While civil defamation is completely justified, criminal defamation is a

legacy of colonial era. It was intended not to protect civil rights of the
people, but to discourage any dissent against the foreign rule. It Curbs
Right to express freely. General public fears police. It is often misused by
powerful section of society to curb any voice against them.

A law commission paper acknowledged that criminal defamation violated

international norms and had chilling effect on free speech.

Defamatory acts which harm the public order are already covered
under section 124, 153, 153A of the IPC.

Hence, criminal defamation serves no overarching public interest. Thus, it

is imperative to review criminal defamation so that the intent and spirit of
the constitution can be realised.

DISHA

The Union Government has constituted the District Development

Coordination and Monitoring Committee (DDCMC) for effective
development and coordination of Central Governments programme.
It will monitor the implementation of 28 schemes and programmes of
Union Ministry of Rural Development and other Ministries to promote
synergy and convergence for greater impact.
What it will do?

The main purpose of the DISHA is to coordinate with Central and

State and local Panchayat Governments

It has been created for effective coordination and development of

Central Governments programme for infrastructure development or
Social and human resource development

The Chairperson of the committee will be the senior most Member

of Parliament (Lok Sabha) elected from the district, nominated by the
Union Ministry of Rural Development

It will ensure the participation of peoples representative at all levels

and successful implementation of flagship programme of central
government.

Ensure that all Central Government programmes are implemented in

accordance with the guidelines

Look into complaints and alleged irregularities received in the

implementation of the programmes. In this regard it will have authority
to summon and inspect any record

EDUCATION RANKING SYSTEM ( NIRF)

The government has unveiled an indigenous ranking framework for higher

educational institutions that it believes will give Indian institutions a
competitive
platform
free
of
any
international
bias.

About: The National Institutional Ranking Framework marks a paradigm

shift by including perceptions of students and parents in the ranking.

Initially, it will be voluntary for institutions to sign up for the

ranking.
The ranking will be done by an independent and autonomous body
and the exercise will be an annual affair.
It provides a transparent means for institutions to engage with
students.
The ranking framework is designed in such a manner that
institutions, belonging to different fields like engineering and
management, would be compared separately in their own respective
peer
groups.

The

framework

will

evaluate

institutions

on

five

parameters

teaching, learning and resources (TLR)

research, professional practice and collaborative performance (RPC)
graduation outcome (GO)
outreach and inclusivity (OI)
perception
(PR)
of
end
users

The HRD ministry will rank institutions verticallyengineering,

management, universities, etc. Besides, it will also create two categories.
Category A: those focusing on research and teaching; and Category B:
those
focusing
primarily
on
teaching.
Why such a framework was necessary?

International ranking agencies only consider research work done in

English, the body of work in regional languages is not considered.

Social inclusion or the reservation system is often not considered by

international ranking agencies.

This framework gives new institutions a level playing field with older
institutions.
Performance of Indian institutions: Indian universities, including the Indian
Institutes of Technology (IITs) have failed to garner a respectable ranking
year after year in the World University Rankings, done by various
international agencies like Times Higher Education and Quacquarelli
Symonds
or
QS.
Recently, British ranking agency Quacquarelli Symonds (QS) ranked the
Indian Institute of Science, Bangalore, and the Indian Institute of
Technology, Delhi, at 147 and 179, respectively, in the QS World University
Rankings for 2015-16. This is the first time in years that two Indian
institutes have been placed in the Top 200 of global education.

GOVERNMENTS REPORT CARD

Good:

Transparency in critical infrastructure sectors ex. Coal and Telecom

auctions are transparent now

Backlog in environment clearances cleared

Step towards cooperative federalism by adopting 14th FC

recommendation of 42% tax share for states

Government doing big expenditure in infrastructure. It is leading to

multiplier effect and sustaining our economy in times of recession
world over
Bad:

Private investment not picking up

Ease of doing business and Make in India programmes, MUDRA,

Start-Up India action plan and Stand-Upetc. not leading to any
concrete output.

INTRA PARTY DEMOCRACY

National parties response to the transparency is well documented

particularly when they continuously ignored the chief information
commissioner directives of coming under RTI Act. All the talk of
transparency and good governance are useless unless parties become
transparent
and
bring
intra
democracy
in
the
party.
Transparency
A large portion of the party funding are unaccounted for with no records of
the donor. Fear of Hawala money being used in polls is rife. Anti-national
elements
may
benefit
from
any
such
practices.
Corporate funding often leads to quid pro quo and industry friendly policy
may be formulated at the expense of marginalized. In such situations
accountability and integrity are compromised at the altar of petty political
gains and corruption free governance becomes a distant dream.
Intra Party Democracy

Most of the political parties in India are driven by personality rather than
performance. Over reliance on charismatic personalities subdues
democratic values and promotes arbitrariness. Personality driven politics
prevents rise of 2nd line leadership. Nepotism and favoritism becomes the
norm instead of meritocracy. Representation of diverse society becomes
secondary
to
allegiance
to
the
leadership.
To get rid of corruption free good governance parties must come clean.
State sponsored funding, ban on corporate funding, increased limits for
poll expenditure, parties to be brought under RTI are some of the
initiatives that can be taken to usher in transparency and accountability in
political parties.

Until parties adopt strict rules on transparency and intra-party

democracy, the materialization of the idea of corruption free good
governance is a distant dream. Critically analyse. (200 Words)

JUVENILE JUSTICE

Effectiveness of Juvenile Justice System:

Delhi has 2 Juvenile justice board

Receive more than 2000 juveniles
Needs to dispose 600 cases
143% increase in pendency

Issues

Office of Public prosecutor lack infrastructure - no computer,

receives no fund for stationary, not a single staff has been provided
Public prosecutor is central to effective criminal justice system
2 JJ board also face shortage of probation officers

The Union Cabinet has recently agreed to the provisions of Juvenile Justice
(Care & Protection) Bill, 2014 in which it proposes to try Juveniles between

16 & 18 years of age would be tried as adults for certain class of heinous
crimes like rape, murder, dacoity. India signed UN Convention on Right of
Child 25 years back for protecting the right of child. Also, as per the
Constitution of India, an individual is not considered mentally eligible to
cast his vote, economically and physically eligible to consummate a
sexual relationship and marry. It is because law consider him not fully
grown mentally, economically and physically then how could law punish
him considering him fully grown. The provisions of the bill are criticised by
many experts and child rights activists.
Arguments against the above provision:
1.
The said provision of the Act are in violation of the
constitution and UN convention on Child Rights which treats anyone
below 18 years of age as a Child.
2.
The evidence that such policies do not lead to any palpable drop in
crime rates by the Juveniles in the countries which try Juveniles as
adults for certain crimes, goes against the principle of evidence based
policy making.
3.
Other provisions of the Act which says that a Juvenile Justice Board,
which will include psychologists, will decide after examination of the
Juvenile if he could be tries as an adult seems flawed.
The subjectivity in such examination violates the principle of rule of law
under the constitution. There is also the issue of unavailability of large
number of such experts.
4.
Other arguments like reformative justice, social upbringing of such
juveniles, etc. go against such an Act.
5.
It also violates Art 14, Right to equality of the constitution by
creating a separate class of citizens.
6.
It ignores evidences from across the globe that suggests no link
between punitive laws and improved public safety or deterrence.
Instead in some countries like USA the transfer system has resulted
into higher subsequent crimes by juveniles (largely because of
negative influences in jails).
Arguments in favour of the Act:
1.
Children during current times mature early with the kind of exposure
they have.
2.
The crimes committed by the Juveniles are on the rise
3.
Many developed countries already have provisions for trying
Juveniles as adults for certain class of crimes.
Adolescent age is when child is emotionally & hormonally imbalanced so
leaving him prone to such crimes. It has often been observed that those
who go to prison become hardened criminals later. The root causes of
such crimes like poverty, lack of education, broken families, poor
rehabilitation and foster homes, unlimited access to pornography should
be addressed to solve the issue.

The Cabinets nod to amendments in the Juvenile Justice Bill

would not only violate the basic principles of the Constitution, but
also be in conflict with evidence-based social policy. Critically
comment. (200 Words)
Recently the government proposed to introduce legal provisions
to ensure that children between the ages of 16 and 18 are tried
as adults if they commit heinous offences such as murder and
rape. Do you think is it a step in right direction? Critically
analyse. (200 Words)
The Cabinets nod to amendments in the Juvenile Justice Bill
would not only violate the basic
principles of the Constitution, but also be in conflict with
evidence-based social policy. Critically comment. (200 Words)

NATIONAL CAPITAL TERRRITORY

The 69th constitutional amendment designated Delhi as National Capital

Territory of Delhi and provided Legislative Assembly. However it was not
conferred with full statehood and is administered by union government
through Lieutenant Governor. Article 239AA and 239AB, declares the
powers and limitations to legislature of the NCT by keeping Public Order,
Police and Land out of its purview. This has been a bone of contention
between successive governments in Delhi and the Union Government, for
granting
proper
statehood
to
Delhi.
How

Delhi

is

different

from

other

states?

Article 239AA of the Constitution expressly precludes the state

government of Delhi from control on the subjects of land, police and
public order.
Any law passed by Delhi assembly with respect to local bodies has
to be sent to Urban Development Ministry for approval and it should be
in
concurrence
with
Municipal
Corporation
Act
1957.

Problems with the existing laws

Federalism and autonomy is in question as the state government

has to get approvals for most of the laws which is passed by them.
The existing set up undermines the role of elected legislature

Various parties argue that such a demand for statehood is logical with
following

merits:
1.

As the CM and legislature is elected by the people, so they are

responsible for the governance of Delhi. Hence, they must be given
sufficient
power
to
deliver
the
same.

2.

After increasing incidents of Rape and other crimes, the demand for
control over Delhi Police has become stronger, with logic of democratic
control

3.

As land doesn't come into Delhi Government purview, it has to

depend on the Central government for approval of acquisition for
infrastructural
development.

4.

Delhi is already world's second most populous city in the world with
acute water problem and other urbanization associated problems.
There are three major power centers in Delhi- union government, state
government and municipal bodies- without clear demarcation of duties
and responsibilities. The grey areas still prevail largely making
governance
of
the
urban
centre
complex.

5.

Many times the Art. 239AA and the clause 45 of NCT Act is misused
by the Lt. Gov. to decide on discretion without consulting the
democratically elected government. This undermines the democratic
ethos of Delhi.

Relevance

in

contemporary

politics:

The subject of statehood to Union Territories (especially Delhi) has been a

political topic for the past 2 decades. The union government which has its
seat of power in Delhi wants to have a substantial control in all matters
as it may affect the performance of government if the state is ruled by an
opposition party. Thus the elected institutions needs to the strengthened
& empowered for the delivering the best to the citizens.
Set

up

in

other

countries:

1.

France, a unitary state, the administrative subdivisions - regions,

departments and communes - has autonomy in various legal functions.
The national government is prohibited from intruding in them. But
the independence of the capital region of Paris in formulating its
policies and implementing them is circumscribed by special powers of
the
president
of
the
French
Republic

2.

Canberra does not have the same legislative independence as the

other Australian states, and Australia's governor-general is the head of
Australia's
Capital
Territory.

3.

In China, central government exercises more control not only over

the city of Beijing, the capital, but also the important cities of
Shanghai, Tianjin and Chongqing. These four municipalities are directly
under the central government, which also appoints the mayors.

4.

In USA, a federal country, land was pooled from two states Virginia
and Maryland to develop the Washington DC. Its citizens elect a nonvoting delegate to the House of Representatives. They have no
representation
in
the
Senate.

Given the global experience, it would not be prudent to give full

statehood to Delhi.
Reasons
follow:
1.

The capital region has diplomatic areas and other institutions of

national interests. They cannot be subjected to local government.

2.

Being the capital of entire India, the democratic rights of NCT's

citizens must accommodate the legitimate stakes of the country's
population,
represented
by
the
national
government.

3.

The NCT hosts VIPs, Parliament and HQs of various agencies. Giving
the local government power to approve their functions and movements
will be illegitimate.

Nevertheless, it is important to recognize the genuine rights of the citizens

and balance them against the equally legitimate concerns of national
nature.

India's National Capital Territory enjoys special status compared

to other metropolitan cities in India. Examine how other federal
governments such as USA and Australia, and unitary governments
such as China have devolved powers to their Capital Territories
compared to India's National Capital Territory and comment if
Delhi should be given full statehood. (200 Words)
Do you think the demand for full statehood to Delhi is logical?
Critically comment considering the merits and demerits of
granting
complete statehood to Delhi. (200 Words)
It is imperative that the rules and laws governing Delhi are
reviewed and areas of potential overreach by the Central
government are eliminated quickly enough. In the light of recent
events that have generated debate on the powers of Delhi's Chief

Minister and
statement.

Lieutenant General, critically comment on the

(200
Words)

Critically comment on the Constitution 69th Amendment Act

passed in 1991 and on Article 239 AA of the Indian constitution
and
their relevance to contemporary Indian politics. (200 Words)

ORDINANCE POWER

Article 123 of the Constitution empowers the President to promulgate

ordinances during the recess of Parliament. These ordinances have the
same force and effect as an act of Parliament, but are in the nature of
temporary laws. Similar power is given to Governor under Article 213.

Ordinances are essentially enacted to effectively deal with any

emergencies that may arise when the legislature is not in session. For e.g.
the ordinance amending the criminal law was that came in after the
intense public pressure following the 2012 gang-rape & death of Nirbhaya
was necessary. The ordinances are to be laid before each house of
Parliament within 6 weeks from the reassembly of Parliament. Such an
action is necessary so that the ordinance can get consent from the
Members of Parliament who have been directly elected by the people.

Ordinances have been promulgated even when there was no emergent

circumstance. For instance, food security ordinance was just promulgated
before the parliament session. Another instance is that of Governor of
Bihar who promulgated more than 250 ordinances in the 1970s and kept
that them alive for 1 to 14 years by re promulgation. Although such
instances of the use of this power are not unconstitutional in strict sense,
the supreme court has pointed out the cases of improper use of power
and laid down certain guidelines.

It is important to mention here that framers of our constitution envisaged

ordinance making power in order to deal with unforeseen and urgent

matters. But since independence this exclusive power had been misused
many
a
times.
In RC Cooper vs. Union of India(1970) the Supreme Court while examining
the
constitutionality of the Banking Companies Ordinance, 1969 which sought
to nationalize
14 of India's largest commercial banks, held that the President's decision
can be
challenged on the grounds that 'immediate action' was not required and
the ordinance
was passed primarily to by-pass the debate and discussion in legislature.
Similarly in DC Wadhwa vs. State of Bihar(1987), the court was examining
that the then
state government continued to re-promulgate ordinances without enacting
their
provisions into Acts of legislature.

There had been times when this power was used positively. The Telecom
Regulatory
Authority of India was created in 1997 first by an ordinance and later by
an Act of
Parliament. Recently the ordinance for e-auction of coal blocks cancelled
by the
Supreme Court, was an important and positive move in the direction of
ensuring
transparency

and

the

raising

energy

demands

of

the

nation.

In the view of both usage and misuses the ordinance making power is an
important one to meet the emergency and adverse matters. But it should

not be used by the executives as a replacement tool for law making power
of the legislature just for mere political motives.

"In any case, ruling by ordinance is a British legacy of retaining

control by the
controversial

Crown.

"

In

the

light

of

introduction

of

ordinances in recent years by the union government, critically

comment on the statement. (200 Words)

Recently the re-promulgation of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Ordinance, 2015, created controversy
regarding misuse of ordinance power by the government.
Critically examine the issue and comment if, in your opinion, such
re promulgations goes against democratic principles. (200
Words)

Both the union and state governments sometimes resort to

ordinance route to "expedite development process" by passing
related new legislations or amending existing ones. Do you think
the promulgation of such ordinances is unconstitutional? In the
light of recent ordinances passed by the union government,
critically comment. (200 Words)

The power to promulgate an ordinance is essentially a power to

be

used to meet an extraordinary situation and it cannot be allowed

to be
perverted to serve political ends. Critically discuss how and why
the
ordinance
power
independence.
(200

has

been

used

and

misused

since

Words)

PMO

Prime Minister is the Head of Government in Parliamentary democracy.

PMO consists of immediate staff of the Prime Minister as well as multiple
levels of support staff reporting to the Prime Minister. The head of PMO is
Principle Secretary of PM. The PMO was originally called the Prime
Minister's Secretariat until 1977 when it was renamed.

Marginalisation of the PMO during the last decade where decision-making

lay with those outside the government. --> policy paralysis

last decade under Prime Minister Manmohan Singh was a wasted

decade like that of 1970s and 1980s because decision-making shifted
out of the PMO. The political model of governance in India had got
skewed because the Prime Ministerial Office itself, which should be the
last decision-making body in the country and must have the final say, had
been marginalised.

From
<http://www.thehindu.com/news/national/pm-has-the-last-wordjaitley/article7663034.ece>

PUBLIC POLICY

Public policy is the regulated guide, to action taken by the administrative

executive branches of the state, with regard to some issues, in a manner
consistent with law and institutional customs.

India's global competitiveness in directly linked to its ability to formulate

and implement sound and effective public policies, which is often ignored
in India. The purpose of public policy is not only to provide all answers, but
also to help the government in asking the right questions in the first
place.
For a country like India, public policy formulation requires a more rigorous
approach in many fields of inquiry, including sociology, anthropology,
economics, history, etc. This kind of approach for public policy formulation
is indispensable for good governance.
Other factors which influence its formulations are:
a. Evaluation of policy effectiveness through empirical analysis:
Empirical analysis should form the basis for any public policy. It
should rest upon sound institutional basis, in which there is both
continuity and change over time.
b. Rigorous legal and constitutional scrutiny before law and policy
formulation: If the executive and legislative accord more time,
thought and reflection before passing laws or making policies, the
risk of them being challenged by the next government will be
substantially reduced, saving precious time and money.
c. Building linkages among government agencies and academic
institutions: The advisory role played by the people outside
government should also give way to a stronger and executive role
so that those who are providing suggestions should feel that they
will be taken seriously.
The future of governance in India is bound to become more complex
leading to disputes. In responding to these challenges, the urgent need is
for public policy based analysis in which every stakeholder has a voice
and every voice adds dimension and meaning to its discourse.

Governance has become tied to democracy, with the public

sphere becoming crucial and public policy a critical field. What
do you understand by public policy? Critically examine the
nature of public policy in India and the factors that have influence
its
formulation.
(200
Words)
ROAD ACCIDENTS

Facts:

400 people lost their lives every day on Indias roads : Road Safety
Report, 2015

Eighty per cent of road accidents are termed fault of the driver,
according to a 2013 analysis by the Union Ministry of Road Transport
and Highways.
WHO - Nearly 2,00,000 people are killed in road accidents in India,
second highest globally behind China

What are the reasons for high number of road accidents in India?
1.
Boom in automobile sector and parallel rise of the Indian middle
class has increased volume of vehicles on the road. On the other hand,
road infrastructure and standards have not improved accordingly.
2.
Cases of drunk driving, rash driving, overtaking and disrespect of
traffic rules have increased.
3.
Not following safety standards like lane driving, traffic lights,
wearing helmets and seatbelts, etc.
4.
Rapid urbanization of cities and expanding of their limits.
5.
With driving tests in India not factoring in visual acuity, poor
eyesight could be a major culprit in road accidents. Depth perception
to judge the speed of incoming vehicles and glare recovery, a
measure of how quickly drivers can resume control of their vehicles
when suddenly blinded by the lights of an incoming vehicle, are all
known to be play a key role in road safety.
6.
Legislative Issues:
o
Motor vehicles act 1988 has become outdated in terms of
fines imposed, penalties, offences, jail terms, categorisation of
drivers, laxity in issuing driving licences and fixing accountability
and responsibility. In this context amended MVA proposes for
centralized database, graded penalty system, strict enforcement,
guidelines, online approvals, suspensions and stricter jail terms for
repeat offenders which is a progressive step
o
The Motor Vehicles Act is the Central law that governs rules
regarding licences but licences, ultimately, are a State subject. For
Indian commercial licences, an applicant requires a medical
certificate attesting 6/6 or normal vision whereas a private licence
only requires the applicant to self-certify
o
Proposed road transport safety bill should focus on road
safety, widened roads, signage's at curves, speed breakers at
vulnerable points, zebra crossing(a recent 3D crossing is
innovative),compulsory use of helmets, fine on excessive speeding,
use of airbags, compulsory recall if failing crash tests as these
entities are grossly inadequate in India
7.
Enforcement Issues:
o
These issues have been plagued by corruption, nepotism,
vested interests, sale of tender to unfit road contractors, issue of
fraudulent and duplicate licenses, among others.
o
Road transport offices and officers let off violators and
offenders with petty fines leading to increased RTA
o
Guidelines are not followed during construction leading to
potholes,
uneven
roads,
dangerous
turnings
and
weak
overbridges(eg- recent flyover collapse in West Bengal)

Provisions related to ambulances, emergency response

systems, resuscitation during the golden hour are not enforced
properly

Measures that can be taken:

Various nations have lowered their road fatalities by different steps
like Vision Zero in Sweden.
Various measures that
1.

can

be

adopted

in

India

are:

Promote sustainable transport approach i.e. reduce number of

kilometers travelled and reduce volume of vehicles on the road

2.

Avoid-shift-improve approach can be used to this end. We should

a.

Create awareness amongst people to avoid private means of

transport. This can be achieved by higher road and toll taxes,
sensitizing them over pollution issues.
b.
Shift the traffic onto public means of transport. Multi modal
transport systems with transit facilities are a good option.
c.
Improve existing infrastructure in terms of speed, time,
accessibility and affordability. Delhi Metro provides a great example
that
can
be
replicated.
3.

Stricter norms of traffic rules especially on drunk driving, over

speeding,
helmets
and
seatbelts.
Strict
challan
system.

4.

Identifying accident hotspots and re-engineering them specially

sharp curves, traffic merging points. Building alternative expressways
dedicated
to
particular
traffic.

5.

Preventing

6.
at

poor

people

from

sleeping on

roadsides.

Highway patrol units, cameras, repair shops and medical care units
fixed
distances
along
roads.

7.

Tax incentives to manufacturers of vehicles with more safety

features. But higher toll taxes and road taxes from users.

8.

Planners of cities should rationalise the proposed roads and lanes as

per
the
population
demands.

9.

Creating awareness amongst people towards over speeding and

rash driving by campaigning with slogans like Better late than never.

Who are Good Samaritans?

People who help accident victims and take them to hospital. They are
usually harassed by hospital authorities and later by police.

The government has issued a notification for the protection of Good

Samaritans in the wake of the Supreme Court (SC) direction on helping
accident victims
Background:

The Supreme Court had directed all the states to follow the Centre`s
guidelines that encouraged witnesses in road accidents to report to
police and also help survivors with medical treatment

The apex court had also directed the Centre to publish its guidelines
notified last year to ensure that all those who help accident
victims/survivors were not harassed by the police.
What are the guidelines?

assuring them anonymity and protecting them from any civil or

criminal liability for taking the victim to the nearest hospital

bystanders or passers-by, who chose to help a person in distress on

the road, should be treated respectfully and without discrimination on
the grounds of gender, religion, nationality, caste or any other.

complete anonymity in case the Good Samaritan does not want to

reveal his name or details, use of video-conferencing in case of any
further interaction with him by the authorities and provision for the
police to examine him at his residence or office or any place of his
convenience. This should be done only once and in a time-bound
manner.
In absolute numbers, more people die in road crashes in India
than anywhere else in the world. Critically examine why and
suggest what policy measures should India follow to reduce
deaths
caused
by
road
accidents.
(200
Words)
Related Notes:

Road Safety Bill

Road Sector

SECTION 199 OF CrPC

Section 199 of CrPC which allows public servants to file a complaint in a

sessions court through a public prosecutor for alleged defamatory
comments on their official acts.
Why in news?
Its validity was challenged in Supreme Court.
Judgement

Calling public servants a different class, the Supreme Court upheld

the validity of a provision.

Upholding the constitutional validity of criminal defamation the

court rejected demands to strike down Section 199(2) to (4) of the
Cr.PC.

The court rejected the argument that this section creates a separate
class. It also dismissed the contention that the classification

enumerated in this provision has no rationale and does not bear

constitutional scrutiny.
The court said Public functions stand on a different footing. The
provision gives them protection for their official acts. There cannot be
defamatory attacks on them because of discharge of their due
functions. In that sense, they constitute a different class.
Endorsing a public servants right to use the State machinery to
fight a defamation case against another citizen, the apex court
reasoned, one is bound to tolerate criticism, dissent and discordance
but not expected to tolerate defamatory attack.

SECTION 498 A OF IPC

Section 498A: Husband or relative of husband of a woman subjecting

her to cruelty. Whoever, being the husband or the relative of the husband
of a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.

The Supreme Court said women were increasingly using the anti-dowry
law to harass in-laws and restrained police from mechanically arresting
the husband and his relatives on mere lodging of a complaint under
Section 498A of the Indian Penal Code.

Citing very low conviction rate in such cases, it directed the state
governments to instruct police "not to automatically arrest when a case
under Section 498A of IPC is registered but to satisfy themselves about
the necessity for arrest under the parameters (check list) provided under
Section 41 of criminal procedure code".

The bench quoted "Crime in India 2012 Statistics" published by

National Crime Records Bureau to say that nearly 2 lakh people were
arrested in India in 2012 under Section 498-A, which was 9.4% more than
in 2011.

Indian Courts had been using IPC 498-A to safeguard the women from
facing the cruelty faced by them at their matrimonial home. Most of the
cases are related to dowry, wherein the woman is continuously threatened
for want of more money and property which if remains unfulfilled, the

married woman is tortured, threatened, abused- both physically and

verbally
and
harassed.
Several cases show that the married woman takes advantage of the
section. Many women rights groups justify the abuse of this section as
being a common feature with all other laws and that also the ratio of false
cases to that of true ones as being very low. But this still does not change
the truth. The abuse of this section is rapidly increasing and the women
often well- educated know that this section is both cognizable and nonbailable and impromptu works on the complaint of the woman and placing
the
man
behind
bars.
Justice must protect the weaker and ensure that the wronged is given a
chance to claim back his/her due. When women accuse their husbands
under Sec 498A IPC by making the offence non-bailable and cognizable, if
the man is innocent he does not get a chance quickly to get justice.
Misuse of the provision a new legal terrorism can be unleashed. The
provision is intended to be used a shield and not an assassins weapon.
Therefore, the lawmakers must suggest some way of making this section
non-biased to any individual such that the guilty is punished and the
person wronged is given justice

The fact that Section 498-A is a cognizable and non-bailable

offence has lent it a dubious place of pride amongst the
provisions that are used as weapons rather than shield by
disgruntled wives. Critically analyse in the light of recent
Supreme Court judgement. (200 WordS)

SMALL STATES

28/04/2016
The formation of three small States in 2000, Chhattisgarh,
Jharkhand, and Uttarakhand nourished hopes that democracy

would be deepened. Do you think democracy has deepened in

these states and these states have fulfilled the objectives behind
their formation? Critically comment. (200 Words)
The formation of Chhattisgarh, Jharkhand and Uttarakhand after years of
struggle against injustice and exploitation had nourished hopes of
democracy, but these were belied because:

Representatives of these regions colluded with national parties

prioritising identity politics over the appeals and struggles for justice of
its own people.

Tribal, SCs AND STs have been victims of exploitation,

discrimination, forceful evictions, denial of rights and land grabbing
even after formation of autonomous states.

The Forest rights act 2006,PESA act, 5TH schedule provisions, land
reform acts, redistribution and decentralisation initiatives empowering
Gram Sabha have been only partially implemented.

Also the real empowerment comes from devolution of power to local

bodies, which has not happened.

The parties in parent state and the issues thereof still have a large
bearing on domestic politics

Often Tribe Advisory Council and Gram Sabhas are not in

consonance over issues like resources

There are vested interests in keeping the people illiterate,

unemployed etc. as most of these regions are minerals rich and many
big corporates eye these regions.

Many welfare schemes not properly implemented due to distance

and awareness reasons. Tribal are not aware of their Constitutional
rights
Were objectives achieved?

The states of Jharkhand and Chhattisgarh are mineral and resource

regions. despite this both regions suffer from acute poverty, illiteracy,
malnutrition and unemployment.

This is because locals don't get due share in licensing, mining,

royalty and profits

Political instability, immoral defections(e.g. -in Uttarakhand),vested

interests(e.g.-coal scam), horse-trading and repeated on-off President's
rule(e.g.- in Jharkhand) prevents continuity and predictability in policies
adversely affecting citizen welfare.

Persistent LWE, thereafter CRPFs operation and then retaliation have

left state citizenry in a crossfire and a constant spinoff
To create more decentralisation and deepening of democracy, the
empowerment of local bodies is required which is not comprehensive. For
example State Finance Commission is irregular. Mining rights and
corruption of government officials have often clashed. Large displacement
of people happens and land reforms are poor and so are all socioeconomic parameters

Thus we need to take multiple measures to ensure grass-roots democracy,

rights and entitlements for the poor in these regions if we want an assured
and peaceful development of the region
THINK TANKS

13/04/2016
Facts:

Number of think tanks in India has grown from 192 in 2014 to 280
in 2015

India hasfourth highest number of think tanksbehind the UK, China

and the US
Concerns:

thinks tanks in India are becoming less influential i.e. the quality of
output and level of influence in policymaking have been
underwhelming

bureaucracy jealously hold the policy reins

Lack of funding from sources other than government

The government-funded think tanks are not seen as objective

enough

Skewed geographical spread. Capital cities tend to attract think

tanks.
Way forward:

Diversify the sources of funding. This has been achieved to a certain

extent with the arrival of foreign private foundations such as Ford
Foundation and the Bill and Melinda Gates Foundation

Allow top foreign think tanks to open their centres in India

Limit government involvement and make these think tanks

autonomous.

As the states now account for more than half the total government
expenditure in India, the need for a greater number of think tanks in
states.
Why Think Tanks are important:

Provide independent view to government

All developed countries depend on them for their strategic and

policy decisions.

Special importance in international relations and propaganda

setting

Track 2 diplomacy

UNIFORM CIVIL CODE

What is UCC?
Uniform civil codeis the proposal to replace thepersonal lawsbased on
the scriptures and customs of each majorreligious community in Indiawith
a common set governing every citizen. These laws are distinguished from
public law and cover marriage, divorce, inheritance, adoption
andmaintenance.
Constitutional Provisions:
Article 44 of the Constitution says that there should be a Uniform Civil
Code. According to this article, The State shall endeavour to secure for
the citizens a uniform civil code throughout the territory of India. Since
the Directive Principles are only guidelines, it is not mandatory to use
them
Historical Background:

Uniform Civil Code was one of the key issues debated during the
writing of the Constitution, with passionate arguments on both sides.
However, unable to arrive at a solution, a directive principle was struck
regarding this in the constitution.

But, several members of the Constituent Assembly disagreed

vehemently with the compromise and argued that one of the factors
that have kept India back from advancing to nationhood has been the
existence of personal laws based on religion which keep the nation
divided into watertight compartments in many aspects of life.

Though, after independence, few governments tried to have a UCC,

religious conservative groups did not allow governments to proceed
ahead in this regard
Why in news recently?

Muslim women fight against practice of triple talaq

Fight of Muslim women to enter holy shrines.

Why do we need a UCC?

A secular republic needs a common law for all citizens rather than
differentiated rules based on religious practices

Uniform civil code is needed for gender justice. The rights of women
are usually limited under religious law, be it Hindu or Muslim. The
practice of triple talaq is a classic example

Many practices governed by religious tradition are at odds with the

fundamental rights guaranteed in the Indian Constitution
What are the difficulties in implementing UCC?

Already a lot of events like beef controversy, love jihad,

saffronization of schools and colleges have lowered the moral of the

minority group. In such a time even a well-intentioned move of UCC

might seem majoritarian
There is no clarity on what the UCC would be

Some Facts:

Goa has a Uniform Civil Code

Shah Bano Case

Why is UCC being opposed by Muslim Bodies?
According to the Muslim board, The uniform code is not suited for this
nation. There are so many cultures in India and they have to be respected.
A uniform code is against the spirit of the Constitution, which safeguards
the right of citizens to practise their culture and religion. Also, UCC, when
implemented, will bring to an end countrys pluralism and paint all in one
colour.
Way Ahead:
The government cannot remain silent on the issue anymore. It is obvious
that the government would have to face several challenges from many
conservative groups on this front. But, it will have to work hard to build
trust, and more importantly, make common cause with social reformers
rather than religious conservatives, as has been the wont of previous
governments.

One strategic option is to follow the path taken after the fiery
debates over the reform of Hindu civil law in the 1950s. Rather than an
omnibus approach, the government could also bring separate aspects
such as marriage, adoption, succession and maintenance into a
uniform civil code in stages.

A comprehensive review of several other laws in the context of

gender justice would also do well.

WHITE PAPER

White paper is blue print presented for the Future policy , to gain the
wider support and Consultations. It helps the government announce the
Policies as in bill ,but without any draft Bill. Examples - White paper on
Black
money,
White
paper
on
Railways
etc.
Often policies made may not give the intended result , Or Some of
parameters may have missed by the individuals in making it . Various
dimensions could well be covered if it be announced , before the actual
bill

Meanwhile it gives time to government and raises the Customer/citizen

Confidence and trust in the government that it is committed to work.
Moreover it gives the Community and People participation through
debates and seminars, announcement. If such well-planned policy will be
enacted the less amendments will be required in the succeeding bill ,as
the greater number of issue will be tackled and weeded out at first hand
only.
Other Policy instrument may be making a draft bill and then placing in
public
domain
to
see
the
opinion
of
the
People.
Some other policy instrument even before white paper was green paper. It
is like for instance A governor in seminar discussing his/her views well
before the Monetary policy so as to gather public views and express his
Views, Similarly Government through various Conferences public
meeting, etc. may hint such policy actions . Which media can capture and
raise such issue repeatedly in the Media domain. This will make conscious
to the Public and they will have option to either support or oppose such
policy
views
The
Most
important
advantage.
A greater advantage of the Such Policy instrument is that since it helps
the Union government to rise above the Amateur politics , in which
opposition on legislation are driven mainly by vested interest . if such
policy will gain momentum and support then it will be Easier for
government
to
enact
such
policy
swiftly
and
with
ease.
In nutshell In democratic government such policy instrument helps the
Policy to be people Centric rather Centre's centric.

In 2015 railway budget, the railway minister presented before

the
parliament a White Paper on railways. What do you understand
by
'White Paper? Why is it presented by the government? Also
examine

how does it
government.

differ

from

other

policy

instruments

of

the

(150 Words)

ASPECTS OF GOVERNANCE CITIZEN CHARTERS

A Citizens Charter represents the commitment of an organisation towards

standard, quality and time frame of service delivery, grievance redressal
mechanism, transparency and accountability. Based on the anticipated
expectations and aspirations of public, Citizens Charters are to be drawnup with care and concern for the concerned service users. They enable the
service seekers to avail the services of the government departments with
minimum inconvenience and maximum speed.
Deficiencies in the Existing Citizens Charters:
1.
2.
3.
4.
5.
6.
7.

Lack of awareness and knowledge and adequate publicity, hence

loss of trust among service seekers
No training to the operative and supervisory staff
Lack of infrastructure and initiative
Hierarchy gap between the Officers and the Operative Staff-Need of
team effort
Different mind-sets of officers and the Staff- Insensitiveness on the
part of the Supervisors and the Staff because they are yet to be
sensitized
Staff is not prepared to shoulder the responsibility due to lack of
motivation and accountability
Non-revision, complicated and restrictive rules & procedures.

Recommendations

Change of Mind-set

Awareness and Consultation

Introduction of e-Governance

Compensation

Review

TRANSPARENCY AND ACCOUNTABILITY

GOVERNMENT ADVERTISMENT

No notes found

LOKAYUKTA

(30/01/2016) Karnataka Lokayukta resigned. His son ran a racket for

extortion from public servants on the threat of a probe by the Lokayukta.

RTI

Facts:

Only 36 per cent in rural and 38 per cent urban areas have heard of
the RTI Act

45% public information officers did not received any training

What is RTI:

10 years of the Act

Many significant disclosures like - 2G, CWG

Became very popular among educated and city dwellers

Led to the demand of several other equally important rights like

Right to employment guarantee, RTE, and the Right to food security

Had the effect of slackening the tight hold of the government and
officials on both information and instrumentalities of the state --> Slow
withering of government

More successful with respect to personal information and

information of innocuous nature. But as a tool to inculcate value of
transparency, the RTI has neither sunk deep into government nor
among most of the citizenry

Many small time black mailers --> make living out of it and settle
personal scores

Judiciary has not been fully enthusiastic in its implementation

Long Pendency in most Information Commissions - some even for

year or more - signals their casual approach. This in turn emboldens
public authorities to take RTI casually

Widespread reluctance to penalise errant government official also

contributes to a general sense of laxity in the enforcement of law

The absence of enforcement provisions in the law has rendered IC's

toothless

Law is ambitious and unrealistic --> very wide definitions of "public

authority" and "information" --> massive volume and variety of
information can be sought --> huge burden on public authorities
Poor record keeping --> retrieval of information is very cumbersome
--> inspite of mandate in law public authorities have failed to digitise
their records
In most offices the PIO is a reluctant low-level official without much
clue about the information held or sought --> sub-optimal and
unsatisfactory information being provided
Empowerment of Citizenry: Converts individuals into users and users
into activists

Data: At least 50 lakh RTI applications filed in India every year

Important exemptions of RTI Act:

Section 24 of the RTI Act 2005 says that this law is not applicable
to the intelligence and security organisations specified in the Second
Schedule. However, the only exception these organisations have is for
information on allegations of corruption and human rights violations

Second Schedule: It includes 26 intelligence and security agencies

under its ambit. Some of them are (i) Intelligence Bureau (IB), (ii)
Research and Analysis Wing (RAW) of the Cabinet Secretariat (iii)
Directorate of Revenue Intelligence (DRI), (iv) Special Frontier Force
(SFF), (v) Border Security Force (BSF) (vi) National Security Guards
(NSG) and (Vii) Assam Rifles

Section 8 of the RTI: It deals with exemption from disclosure of

information under this legislation. It says that there shall be no
obligation on Government to provide any citizen information, disclosure
which will affect (i) Indias sovereignty and integrity, (ii) security, (iii)
strategic, scientific or economic interests of the state and (iv) relations
with foreign States or (v) will lead to incitement of an offence
Inclusion of Political Parties under the ambit of RTI
There has been a pressing demand for the inclusion of political parties
under the
ambit of RTI considering the following reasons:
1.
They have an important impact on the working of the government
irrespective of the fact that the party is ruling or in opposition. This
gains more importance considering the fact that Indian political system
is heterogeneous and sometimes it is alleged that the political parties
are keenly representing a particular section on the cost of the whole
country.
2.
RTI in the political parties would also help the public to take rational
decisions while voting by judging the parties on the parameters of
integrity, upkeep of internal democracy in the party, participation of
women and Dalits in the party ranks, etc.

3.

It will also lead to (along with election reforms) decrease in corrupt

practices related to elections, due to better transparency and
accountability.
4.
Parties having such stakes in governance, people have the right to
information guaranteed under article 19. Also, The RPA, 1951, under
Section 29A affirms the allegiance of political parties to the constitution
of India, which is compulsory.
5.
Given the current state of party financing, where more than 75% of
their income comes from unknown sources, and a well-known fact
about the involvement of black money in party finances, bringing them
under the RTI Act will ensure transparency and may be a trigger for
bigger party reforms
6.
Presence of lobbying has made society fearful about the invisible
hand behind many party agendas.
So far, the political parties have stonewalled the issue and have not
complied with
the order. A parliamentary panel setup to look into the issue stated
against political
parties coming under the RTI Act, reasoning that,
1.
The subsidy provided to the political parties is a paltry sum to the
total expenditure.
2.
It will severely hamper their independence and functioning, and it is
possible for rival political parties to misuse the RTI. This will also
encourage rival political parties to access secret political information.
3.
Political parties are not pubic authorities as they are neither
established nor constituted by or under the constitution or any other
law made by the parliament.
4.
They claim that bringing them under RTI will negatively affect their
political strategy making.
Critical

Analysis

of

Performance

of

RTI

Right to Information Act was hailed as an important event in the

democracy of India. It provided people with power to gain information and
to use that information to assert their other rights and provide a check on
the working governmental authorities by bringing transparency and
accountability.
But the implementation of RIT act did not happen as was imagined:
1.
There are many areas which are out of limits of RIT act (Even,
application of RTI to judiciary and legislature is limited).
2.
The exclusion of law enforcement agencies is major cause of
discontent of RIT supporters.
3.
Disregard of announcements of Chief Information Commission by
political parties indicate the lack of power to enforce the rulings of
CIC.
4.
The recent controversy of non-appointment of CIC for a long-time
shows the apathy of government towards the act.

5.

Official Secrets Act, framed by colonial power still restricts much

information out of the purview whether they did not have any
relevance to security and integrity of India. For example
Correspondence related to Subhash Chandra Bose.
6.
All the government organisations were asked to put in public
general information but this was not followed by many institutions and
there is no deadline to this provision.
7.
Appointment of IC is partisan
8.
Information is presented in a technical language by government
departments
9.
Maintenance of information is not automated and efficient
10. Awareness of act is low among masses
11. Costs is sometimes high
12. Bureaucratic pre-eminence in information commissions results in
promotion of traditional bureaucratic ethos of secrecy and lack of
accountability.
Performance wise other than the implementation failure RTI is effectively
been used by activists even at the cost of their life. Various Public Interest
Litigations are filed in courts to change the course of executive. The base
of recent check on public advertisement was based on the findings of RTI.
RIT is a strong tool to use the democratic space provided in India. Some
problems still remain in implementation and provisions but overall RTI is
effectively use by many activists and can provide a check on excessive
and unnecessary power of executive and other governmental bodies.
OSA

&

RTI

The recent leaks of Official Secrets from key ministries have once again
brought to the fore the controversial debate on the utility of the Official
Secrets Act, 1923. The OSA was enacted keeping in view the National
Security and Sovereignty. It made an offence to obtain, collect, record,
publish a secret document. However, it was so vast in its scope that it
made it prone to misuse and gave the executive a carte blanche to act
arbitrarily.
This situation gave rise to many problems. Some of which are as
following:
1.

Problem of classification of information as the word Secret was

nowhere defined in the Act. Govt. has a wide discretion to classify any
information as secret.
2.
The excessive discretion many a times lead to arbitrariness which
can give rise to discrimination and subvert the right to equality under
Art. 14.
3.
It also violated the freedom of speech and expression under Art.
19(1)(a).

4.

As Right to freedom of information has been incorporated under

broad ambit of Right to Life, the OSA,1923 violated Article 21.
5.
There were many ambiguities regarding determination of an
offence, prosecution procedures etc. It being a Penal law, the
ambiguities
favored
the
accused.
Many of these problems are now taken care of after the advent of RTI Act,
2005 which expressly provided that the RTI Act will override any other Act
to
the
extent
of
conflict.
However, a nation cannot just wish away a statute of the nature of
OSA,1923. Such an act is imperative in the matters of national security,
friendly relations with foreign nations & maintenance of law and order.
Even some pro-information SC judgements like that in the S.P. Gupta Vs
UOI have upheld the need for such law. But at the same time, it is equally
indisputable that fundamental rights of citizens cannot be compromised.
The RTI Act,2005 plays a vital balancing role here. To protect the national
interests, it provides for necessary exemptions to the disclosure of
information which support the OSA, 1923. At the same time, it checks the
arbitrariness of the OSA,1923 by making the procedure and intent of
secrecy transparent and accountable.
Note: ARC-II recommended repealing OSA,1923 and Safeguards for state
security should be incorporated in the National Security Act.
Intelligence

agencies

&

RTI

Government of India has notified 25 security and intelligence

organisations as exempt from the ordinary obligations of transparency
under the RTI Act like their parent departments and ministries and other
public authorities. But, they are required to provide access to information,
if it relates to allegations of corruption and human rights violation.
Some cases like:
1. In 2010, Exercising his Right to Information, a petitioner, had asked for
information related to cases of corruption, human rights violation and
sexual exploitation in IB, RAW and Central Paramilitary Forces, but
information provided was only about Assam rifles, while other agencies
denied information.
2. In 2008, RAW official had allegedly attempted suicide before the prime
minister's office claiming sexual harassment by her superiors. But, RTI on
this is still pending before CIC.
Thus, we can see that security agencies are wrongfully cited section 24 of
RTI Act. They are bound to provide information on all matters except of
National security, ongoing investigations or sensitive matter which may
cause
harm
to
law
and
order.

Government must amendment RTI Act, 2005 to clear such rule in section
24, if necessary.
It is also essential for Government to bring the law which governs the
working of Security agencies such as RAW, IB, other intelligence
entities by act of Parliament same as USA and Britain.
Thus, though mandate of Security and Intelligence agencies are
different from other public bodies, they cant act as an alien to
governance and public scrutiny.

Related Questions :

There are strong pleas to bring political parties under the ambit of
RTI law. Analyse why. Also register your opinion on the issue. (200
Words)

Critically comment on the implementation and performance of the

Right to Information Act. (200 Words)

It is often argued that the Official Secrets Act (OSA) which is of 1923
vintage and a complicated piece of legislation has no reason to remain
on our statute books after the Right to Information Act of 2005. In the
light of leak of important information from key ministries of the union
government, critically comment. (200 Words)

Should intelligence agencies provide information to the public under

the Right to Information Act? Substantiate. (200 Words)

Secrecy in government operations is necessary, but it has to be

limited by absolute necessity, keeping the confidentiality strictly timebound. In the light of recent debate on Official Secrets Act 1923,
critically
comment
on
the
statement.
(200
Words)

SANCTION FOR PROSECUTION

09/02/2016

The Tamil Nadu governments ordered mandating prior permission of the

government for an inquiry into corruption charges against any State
official is a rude jolt to those fighting against the lack of integrity in public
administration.

Until this order, government approval for a preliminary enquiry (PE) or

registration of a regular case was required only in respect of All India
Services officers (Indian Administrative Service, Indian Police Service and
Indian Forest Service).

What is Special Directive ?

Supreme Court ruling in a public interest litigation of 1997, which struck
down the Single Directive of the Government of India that drew a
distinction between officers of and above the rank of Joint Secretary and
the rest of the bureaucracy. In the case of the former, the directive
mandated prior Central government permission even to proceed with a PE
while there was no such restriction with regard to those below the Joint
Secretary. The 1997 ruling interpreted the Single Directive as
discriminatory and violative of Article 14 of the Constitution that grants
the right to equality before the law and equal protection of the laws to
every citizen.

Protection to retired personnel

Protection against any recklessness or malice on the part of the CBI or
State Vigilance or similar agencies is now sought to be given even to
retired government employees through an amendment to the Prevention
of Corruption Act (PCA), 1988 that has been approved by the Union
government and is now pending before Parliament. (At present, a former
public servant can be prosecuted for corruption without any sanction from
the government.)

WHISTLE BLOWER BILL 2015

WBPA of 2011 plans to trace alleged acts of corruption and misuse of

power by public servants, along with protecting the people who report
such activities.
The recent amendments have been brought about to address concerns
relating to
national security. It would strengthen the safeguards against disclosures
which may prejudicially affect the sovereignty and integrity of the country,
security, strategic, scientific or economic interest of the state, relations
with a foreign state or leads to incitement of an offence.

The salient features of act include

1.
Any public servant or any other person including a nongovernmental organization may make such a disclosure to the CVC
2.
Every complaint has to include the identity of the complainant.
3.
The VC shall not disclose the identity of the complainant except to
the head of the department if he deems it necessary. penalizes any
person who has disclosed the identity of the complainant.
4.
Prescribes penalties for knowingly making false complaints.
Some of the limitations with the act include
1.
The power of CVC is limited to making recommendations and does
not have any power to impose penalties
2.
Non admission of anonymous complaints
3.
No provisions for penalties for victimization of complainant
Issues with amendment:
1.
The "national security" related grounds are so broad that a public
authority may connect any whistle-blower complaint to these interests
and prevent competent authorities like the CVC from inquiring into it.
empower the Government to frustrate inquiry into a whistle-blower
complaint at every stage on grounds of "national security".
2.
It will also lead to a lack of transparency, and some matters
like, corruption in the defence sector may go unnoticed.
To serve the public interest as well as balance the security concerns, the
amendments should be re looked into and the "national security" clause
should be as precise as possible
Whistle blowers protection bill 2015:
Positives :

The Act provides a mechanism for receiving and inquiring into public
interest disclosures against acts of corruption, wilful misuse of power or
discretion, or criminal offences by public servants.

TheBill prohibits the reporting of a corruption related disclosure if it

falls under any 10 categories of information.These categories include
information related to: (i) economic, scientific interests and the security
of India; (ii) Cabinet proceedings, (iii) intellectual property; (iv) that
received in a fiduciary capacity, etc.

The Act permits disclosures that are prohibited under the Official
Secrets Act (OSA), 1923.The Bill reverses this to disallow disclosures
that are covered by the OSA.

Any public interest disclosure received by a Competent Authority

will be referred to a government authorised authority if it falls under
any of the above 10 prohibited categories. This authority will take a
decision on the matter, which will be binding.
Negatives:

The bill in its current format provides a mechanism for receiving and
inquiring into public interest disclosures against acts of corruption or

criminal offences by public servants. Thus,it excludes private

companies and private persons from the applicability of the provisions
of the act.
o
Currently, it is the corporates and private individuals that are
indulging in the practices of money laundering and tax evasion and
they need to be held accountable whether in terms of corporate
governance practices or through law which the act neglects.
o
The Indian government by framing such a law has perhaps
inadvertently skewed the rules infavour of private companies and
individualsby keeping only public servants under the purview of the
Whistleblower Protection Bill.
The Statement of Objects and Reasons of the Bill states that the 10
prohibited categories are modelled on those under the RTI Act,
2005.However, this comparison may not be appropriate.Unlike the RTI
Act, disclosures under the Bill are not made public but in confidence to
a high level constitutional or statutory authority.
With regard to the 10 prohibited categories, the RTI Act allows (i) the
public authority to disclose information if he considers it to be in public
interest; and (ii) a two stage appeal process if information is not made
available.The Bill does not contain such provisions.
A Competent Authority is required to refer a prohibited disclosure to
a government authority for a final decision. However, the Bill does not
specify the minimum qualifications required or the process of
appointment of this authority.
o
The independence of this authority may be at risk if the
authority is junior in rank to the public servant against whom the
disclosure is made.
Whistleblower laws in other countries also prohibit the disclosure of
certain types of information. These include information related to
national security and intelligence, received in a fiduciary capacity, and
any disclosure specifically prohibited by a law.
Prohibited categories in the Bill exceed those in the 2013 proposed
amendmentsThe 2013 proposed amendments prohibited only two
categories of information from being disclosed under the Act: (i) that
related to sovereignty, strategic, scientific or economic interests of
India, foreign relations, or the incitement of an offence; and (ii)
proceedings of the Council of Ministers.However, the 2015 Bill prohibits
the disclosure of 10 categories of information.

Recently the union cabinet approved amendments in the Whistle

Blowers Protection Act of 2011 by moving an amendment Bill in
Parliament during the Budget Session, 2015. In the light of these
new amendments, critically comment on the salient features of
the bill. (200 Words)

e-GOVERNANCE

CITIZEN CENTRIC INITIATIVES

Use of IT in governance has various advantages such as

1.
2.
3.
4.
5.
6.

Transparency
Increased participation of people
Check on corruption
Quality service in time
better feed back and grievance redressal apparatus
reduced
administrative

expenditure

Thus realizing its many-fold importance, government had launched an

National e- governance Plan (NeGP) with 27 mission mode projects (Now it
has 31 MMP). All central and state ministries are being digitalized with all
information available on their websites in different languages.

Land titles are being digitalized.

Direct Benefit Transfer is being implemented in phased wise
manner; PaHaL scheme on LPG subsidy is an example
UIDAI is undertaking a project to ensure unique identification for all
residents through biometric data further increasing efficiency of
welfare schemes.
Scholarship, enrollment, filing application for exams or jobs,
application for clearances and passport, filing income tax return, RTI
etc. are being done online.
Apart from this services like e-seva, meghdoot, e-police etc. are
implemented
as
pilot
projects
in
several
states.

But the government aims further to leverage its total capacity in

ensuring internet as a basic need according to our national policy
Following this it has an ambitious plan of spreading optical fiber to
panchayat by 2016 under National Optical Fiber Network

IT by
on IT.
every
plan.

Addressing the issues of Cybercrime, privacy, safety and security of data,

strengthening infrastructure nationwide etc. will really transform
governance in the coming decade.
__
Pragati

http://pmindia.gov.in/en/news_updates/pm-launches-pragati-a-multipurpose-multi-modal-platform-for-pro-active-governance-and-timelyimplementation/
Write a note on important citizen-centric e-governance initiatives
of the Union government. Also suggest how latest internet
technologies can be used to make it easy for citizens to access
government services. (200 Words)
E-BIZ

The e-Biz project is one of the 27 Mission Mode Projects under the National
e-Governance Plan (NeGP) being executed by Department of Industrial
Policy and Promotion (DIPP), Ministry of Commerce and Industry,
Government of India. It is G2B (government to business) model which will
create a virtual interface between business men and the government.
e-Biz when implemented in its complete vision will transform
business environment through following projected benefits:
1.
2.
3.

4.
5.
6.
7.
8.

Enable entrepreneurs to submit one integrated application for

multiple licenses and make a consolidated payment for the various
licenses that they require
Reduce the number of procedures and correspondingly the cost and
time taken for obtaining approvals for starting and operating a
business.
Significantly improve the countrys position on the World Banks
Doing Business ranking making the nation an investor friendly
destination. Potentially improve the countrys Starting a Business
ranking to 112 (a jump of over 20 positions).
A world-class G2B portal that enhances Indias business
competitiveness through a single, service oriented, event-driven
interface for all G2B interactions.
Integrated G2B Services across Central, State & Local Government
& across all geographies in India.
Currently, government of India has decided 10 pilot states in which
they are going to execute the plan and will develop later in other states
of India.
The e-Biz portal will provide total 11 union government services to
reach its purpose.
Provide all information regarding business 24X7 on a single portal

Challenges
1.
Technological capabilities of govt. staff,
2.
Business process re-engineering,
3.
Change in management etc.

4.
5.
6.

Accessibility of the internet in India.

Concerns over security, fear of spam.
Seamless implementation of project

Example: Delhi Government's Swacch Delhi App --> people can upload
picture of garbage and municipal workers will come to pick it up.
Write a critical note on Union governments eBiz project. (200
Words)

IT ACT

Section 66A

Section 66A of IT act, serves as an example of the positive

deterrents applied by the government to stop the use of right to
freedom
of
speech,
to
cause
public
unrest.

The section can come effective to punish the people who plot to
create unrest in the society, by spreading false news on the social
media, as our nation has many gullible citizens, who tend to speculate
without
thought
and
can
be
brainwashed
easily.

On the other hand, such an act cannot be thought to be a panacea

for all such problems, as it can also be used by some people to create
fear among the society, so that no one will oppose any of their
decisions
in
the
future.

The case of 2 girls who posted a comment on social media against a

particular party, can be taken as an example for this case. The
harassment they faced for just one comment cannot be said to be fair,
considering the fact that their act was not inflammatory.

The need of the hour is, that the government should omit the
vagueness in the section regarding the acts, which are to be
considered punishable. All such reports which are filed under this
section should be dealt with on case to case basis, with adequate
discretion, so as to not harass them before the consequences
materialize.

A random complaint by anyone, about any misuse of freedom of

speech should not be taken enough to arrest the persons, but should
be followed by proper investigation to assess the scale of effect it has
on
the
society.

Section 69A
Section 69A of Information Technology Act, 2000 provides for blocking of
websites and Uniform Resource Locators(URL's) in the interest of the
sovereignty and integrity of India, defence of India, security of the state,
friendly relations with foreign states or public order or for preventing
incitement to the commission of any cognizable offence relating to the
above. But the lack of transparency in process leading to blocking of such
websites is an area of concern.
Supreme court in Shreya Singhal Vs Union of India case had nullified
the Section 66A but upheld the constitutionality of Section 69A on the
grounds that there are sufficient internal safeguards and reasonable
procedures available within Section 69A. Those
safeguards are:
1.

Intermediaries (those who host articles like Google, Facebook etc.)

have to be given a chance to be heard as a right.
2.
If the original originator of a particular article is found, he/she also
must be given a hearing.
3.
Above two can be circumvented if a court itself passes an order to
block websites or URL's.
Given the nature of security concerns that internet information can create
like the exodus of north east people from south India in 2013, organizing
riots through internet based campaigning etc. it is very important
government has a power to exercise blocking of content, thus Section 69A
is necessary. But at the same time more transparency clauses has to be
brought into the IT Act if required and the presence of free media, active
judiciary and vocal civil society groups are enough deterrent on any
excess of government.
Do you think the Section 69A of the I.T. Act is unconstitutional?
Critically comment. (200 Words)
Section 66A of the Information Technology Act is a necessary
deterrent and cannot be cast away on the apprehension that it
would be misused to affect the freedom of speech and
expression. Do you agree with this view? Critically comment. (200
Words)
LIMITATION

E-governance uses IT technology to provide basic facilities to deliver

government
services.
Its
limitations
are:
1.

Although India has ever increasing population using mobile internet

but still it is below 2.5%.
2.
Overall internet users in India are 243 million only.
3.
Most of the governments are still using analog or paper work ,thus
slow rate of modernization has limited the use of e governance.
4.
Most of government officials lack internet/computer literacy.
5.
No strong law and system to regulate internet, information on
internet or data of users. Thus making whole system vulnerable to
cyberattacks.
6.
Slow speed of internet.
7.
Low literacy in India especially in rural regions.
8.
Lack of information about e governance to people results in low
usage of technology.
9.
Lack of inter connectivity of government departments result in
confusion if more than one agency involved.
10. High internet cost as telecommunication infrastructure is still
evolving. India still uses 2G speed internet in age of 4G.
I have been benefited by e-governance initiative at many number of times
especially online ticket booking, procuring certificates like DL, electricity
bill etc. though some glitches like uncertainty of process and longer
duration and involving multiple steps in single transaction reduces its
efficiency.
Some
suggestions
are:
1.
2.
3.
4.
5.

Improve technology in government offices along with proper training

to officials.
Sensitize people about e-governance
Reduce cumbersome processes into smooth transactions.
Internet governance to regulate internet and safe usage is required.
Increase internet penetration with technology, increased speed,
decrease rates.

Some government initiatives like Digital India scheme , connecting

panchayats with optical fiber, end to end internet connectivity, e-seva etc.
has improved e-governance but still more has to be done
-----Digital Illiteracy
Digital Divide
Reliable & Secure network --> build and retain trust
Multilingual Interface
Integrated IT functioning rather than only front end
Examine the limitations of some of the e-governance initiatives
being implemented in India. Mention, if any, your own experience

of being beneficiary or victim of such e-governance initiative and

suggest measures to improve the same. (200 Words)
ROLE OF CIVIL SERVICES

CIVIL SERVICE REFORMS

Domain Knowledge
The liberalisation of the economy and policy taking place since the 1990s
has made
the government allow private entry into its traditional sectors such as
health,
education, railways, defence etc. and the government in turn has
extended to new
avenues such as Cyber security, telecom services, mobile governance
etc., this has
completely altered the policy making dimension and its subsequent
implementation.
This has created several consequences.
1.
The bureaucrats are now facing complex issues due to the demands
of the new domains. For example, Telecom services requires officials to
know about spectrum, wavelengths, their health hazards and pricing
policy required to maximise revenue, create a level playing field,
promote investment and innovation.
2.
The composition and characteristic of the public has also changed.
They are more demanding now. The services are compared to
developed nations and hence officials have to be more accountable
and updated about world happenings. The previous delivery
mechanisms will not be suitable and adequate to the new society.
3.
The management of private entities, entering contracts with them,
regulating their activities, eliminating loopholes etc. require a new
interactive paradigm and domain expertise for the officials. Unless they
know the ground realities and technical knowledge, suitable policies
may not be evolved.
Though the officials are given training at the administrative academy but
that is not
sufficient as it is too general. Hence, the following measures have to be
adopted:
1.
Officers should be asked to complete a diploma in whatever sector
they desire a posting in. The ARC, Hota committee both emphasised on
domain specialisation to be developed in CS through providing
compulsory training, Diploma etc. in area of interest.

2.

The time period of posting has to be fixed to allow officials to

understand the technical aspects. Frequent transfers are inimical to
good governance.
3.
Need to think about lateral entry into services by domain experts.
Administrative

Services:

Issues

Indian administrative services being the back bone of country is suffering

from crisis
of credibility and are in serious need of transformation. The reasons are
rooted
to1.

2.
3.

4.

5.
6.

Fundamental issues- Indian bureaucracy is older than democracy.

There is need to reform the spirit, attitude, motivation and direction in
this regard. Since it has to accommodate the concerns of federalism,
rising aspiration of people and Constitutional values at same time.
Politicisation in transfers and promotions. For e.g.- Ashok
khemka being transferred more than 45 times in his career of 34 years,
even scoring Excellent in annual confidential review
Article 311 protection has become debatable due to the dishonesty
of some of the IAS officers. 2nd ARC report clarified that protection
must be given only to honest officers and offences with clear evidence
like when caught while taking bribe must be directly prosecuted.
Cadre management has also been dismal. Numerous posts are
lying vacant. No proposals being sent to the upsc to recruit. State
bureaucracy is being promoted instead, this goes against the
constitutional spirits of uniform administration across the country.
Gender inequality is one problem. Women constitute only a fifth of
the officers
There is also general disenchantment in the service about how the
cadre is managed, especially at the State level. Many States have posts
reserved to "punish" uncooperative officers. This leads to mindless
victimisation of the IAS on change in political power.

The SC has mandated the government to constitute a civil services

board to determine transfers and appointments. Mandatory time limit of 2
years in any post and advised bureaucrats to follow only written orders.
The upsc in its part has introduced an ethics paper and made sure only
candidates with integrity and honesty are selected. To accompany these
initiatives and for a sustainable solution, the most important ingredient is
political will.
Role

of

AIS

All-India Services, namely IAS, IFS and IPS have helped in maintaining the
unity,
integrity and stability of our nation. They were created in accordance with
Article 312

of our Constitution and it makes no distinction among the All-India

services, in
status and importance.
IAS and IPS are recruited through same examination civil services
examination, however due to difference of a few marks, aspirants are
allotted these services and there onwards the rift between status and
importance increases between two. IFS candidates are selected by
different exams and are considered even inferior than IAS and IPS in
status and importance. Also, IPS officers shall report to IAS officers in
constabulary system
Role:
1.
Advice to Policy formulating
2.
Implementing programmes at govt. Programmes on health,
education etc. are translated to reality by them
3.
Since they are of all India character, they serve in the states in best
interest of the people and not form nexus with local politicians. They
rise above party politics to perform their function
4.
Help in maintaining law and order
5.
Conservation and scientific management of forests
6.
Act as channel of communication between centre and states
7.
The All-India Services officers have also offered their services in
various other national government agencies such as IB, RAW, Forest
Survey of India, Wildlife Crime Control Bureau, etc.
8.
Help in conducting elections peacefully
9.
Maintain rule of law
The All-India Services does suffer from various challenges. Caste and
regional
considerations have become an important factor in the posting of IAS and
IPS
officers. The various services no-longer enjoy equal status & importance.
IAS officers
are believed to be holding most of the posts in the Central Staffing
Scheme, which
provides the pool of officers for senior posts in the Central government.
Representation of IPS officers is negligible in the posts requiring their
domain
expertise such as Serious Fraud Investigation Office and the Enforcement
Directorate.
Therefore, there is a need to have a proactive, responsive, accountable,
sustainable
and efficient administration at all levels of the government. We should
follow-up
with the recommendations of the Second Administrative Commission's
recommendations.

Some Recent Steps:

Govt to train junior IAS and IFS officers in drafting district irrigation
plans. They will be assigned districts of their choice. They will have to
visit the district, consult people and draft the plan, which will later on
be integrated into national plan

Govt. plans to ease out inefficient officials. To ship out "non

performing" babus by forcing them to compulsorily retire from service.

http://indianexpress.com/article/india/india-others/thou-shalt-notmodi-govt-issues-list-of-19-dos-and-donts-for-bureaucrats/

It is argued that the complexities of day-to-day administration

are such that senior civil servants are often handicapped by a
lack
of in-depth knowledge of the subject and domain of their
postings.
Elaborate and examine what needs to be done to address this
problem. (200 Words)
"The Indian Administrative Service (IAS), which is the backbone
of the administrative machinery in the country and is critical to
ensuring the delivery of the services and welfare schemes of the
government to end users, is grappling with multiple problems
that
do not have quick-fix solutions." Critically analyse. (200 Words)
It is said that though the Constitution makes no distinction
among the all-India services, each of them do not enjoy equal
status
and importance in India. In the light of the statement, critically
analyse the role of all India services in ensuring smooth
functioning of democracy in India. (200 Words)

FOREIGN SERVICE

In India, diplomacy is the domain of Indian foreign services (IFS). However,

over
dependency on one agency and traditional as well as tedious recruitment
criteria has
jeopardized its efficiency.

Currently IFS faces following lacunae:

1.
Too small cadre strength of 900 personnel only- this mean India is
not adequately represented thus affects its ability to influence other
nation.
2.
Owing to stressed manpower, the perspective policy division of MEA
is moribund thus compromised quality on policy planning and
implementation.
3.
Though Foreign affairs have diversified and encompasses strategic,
economic and cultural sphere, IFS has stagnated- there are no experts
or even officers from other departments.
4.
IFS officers are recruited from same common entrance exam, so
disheartened aspirants who have not cleared for IAS opt for IFS, this
reduces the zeal among officers
5.
MEA is not the only nodal agency which will have a say in Foreign
Affairs different ministries will nominate their own "special team of
experts" (IAS bureaucrats) to handle foreign affairs related to their
ministries.
Therefore as pointed by "Shiv Shankar Menon committee" though it
important to strengthen IFS it is also necessary to revamp it by:
1.
2.
3.
4.
5.
6.

7.
8.

Increasing pace of recruitment

More deputation of IFS to other relevant departments like culture,
commerce, defence etc.
Lateral entries for specialised post or at special level
Institutionalising Soft power of IFS in line of countries like China and
France, which has coordinated policy directives for better negotiation.
Financial compensation for tough assignments
Unlike other services, which are restricted to regional affairs, IFS
demands far greater diplomatic acumen. This is one area where
compromise is a strict no. UPSC could actually think of formulating a
different mechanism, to hire IFS officers, which places greater
importance on their communication (particularly English language) and
diplomatic skills
Facilitating better coordination between MEA and other ministries,
and most importantly, allowing the IFS officers to spearhead various
negotiations rather than the so called "team of experts".
Practice of ad hoc postings should be ceased to allow candidates to
develop specialization in field

Foreign affairs in the present times need a professional approach and

technical
knowledge in order to secure nation's interest in diverse fields therefore
apart from
strengthening IFS, impetus should also be given to training in these new
fields.

"If IFS has to perform effectively, its elitism should be preserved,

its attractiveness enhanced, and it should be brought to the
centre of international relations as it was originally intended to
be." Do you agree with this view? Critically comment. (200
Words)
POLICE REFORM

Important because of 10th anniversary of SC judgement

Facts:

Police is a state subject in Schedule VII

NCRB Report
o
Low conviction rates. Conviction rate is 46.9% under IPC
crimes
o
About 300% increase in agrarian riots. Depicts weak law and
order in hinterland and rising lawlessness.

The Supreme Court has ordered States and Union Territories to

upload, on police or government websites, First Information Reports
(FIRs) within 24 hours of their registration in police stations
Significance of this Prakash Singh vs Union of India Case:
Supreme Court in the Prakash Singh vs Union of India case was the
landmark in the fight for police reforms in India. In its directions, the court
had pulled together recommendations generated since 1979. They make
up a scheme, which, if implemented holistically, will cure common
problems that perpetuate poor police performance and unaccountable law
enforcement.
The design requires states and the Centre to put in place mechanisms to
ensure that:

The police have functional responsibility while remaining under the

supervision of the executive.

Political control over the police is kept within legitimate bounds.

Internal management systems are fair and transparent.

Policing is increased in terms of its core functions.

Public complaints are addressed through an independent

mechanism.

What were 2006 directions?

The 2006 SC directions included :

Establishing a State Security Commission (SSC) as a watchdog with

members from the government, judiciary and the civil society. The
commission was supposed to frame policies which make sure that
state government does not exercise unwarranted influence or
pressure on the state police.

The order asked for tenure of DGP and field officers to be fixed at
two years.
A police establishment board, instead of the government, would
deal with transfers of policemen.
It also asked for separation of investigation and law and order units
for speedy probe.

Whats the problem now?

Directions of SC have not been implemented by the states

While few states actively resisted the courts order, few states did
nothing.

While few did something but did it wrong and finally, got out from
under the Supreme Courts orders by passing laws which not only do
not conform to the courts orders but actually give statutory sanction to
bad practices.

Since the 2006 SC order, 17 states have passed new Acts while 12
have issued executive orders. For instance, in the majority of the 17
Police Acts passed since 2006, state governments have given
themselves the sole discretion to appoint police chiefs instead of
choosing from a panel recommended by the UPSC.

In many of the nine operational Police Complaints Authorities

currently in place, their design has been subverted by appointing
serving police officers as judges in their own cause. Elsewhere, their
functioning has been hobbled by the lack of independent
investigators.

Why police reform is necessary?

Police is an exclusive subject under the State List of the Indian
Constitution. States can enact any law on the subject of police. But most
of the states are following the archaic Indian Police Act 1861 with a few
modifications. Also, police have become the subjects of Parliamentarians
and legislators with a high degree of politicization and allegiance
towards ruling party.
India still follows the Police Act, 1861, framed by the British, largely with
an aim to crush dissent. The Act was a reaction to the sepoy uprising of
1857.

Challenges faced by police force in the country:

Collection and analysis of preventive intelligence:The most

important and challenging task faced by the police today is the
collection and analysis of preventive intelligence and follow-up action,
especially pertaining to terrorists and insurgents who pose a constant
challenge to internal security.

Criminal Investigation:The other important, but badly neglected,

aspect of policing is criminal investigation. Standards have declined
sharply in the last few years. Unfortunately, the so-called premier
investigation agencies like state CIDs and the CBI are no exception.

Vacancies:Many states continue to have huge vacancies. Even the

apex courts direction to fill these posts has not yielded the desired
results.
Outdated arms and equipment:Most state police forces continue
to use obsolete equipment and arms, and lack the latest technology
that would help in investigation and intelligence-gathering.
Lack of Organisation:There are no organisations to provide the
police forces with tested and dependable specifications on equipment
and technology. They are generally dependent on vendors, who often
sell outdated or not-so-suitable technology.
Lack of proper training:Well-trained and motivated human
resources are key to any police forces success. But, most training
academies are poorly staffed and often dont have the necessary
facilities. Institutions need to be upgraded in terms of facilities,
equipment and technology.

What has the centre done in this regard?

The Central government had formed committees to create a Model Police
law in line with the Courts directions. It also came up with the Model Bill
in 2006. However, the Model Bill of 2006 drafted under Soli
Sorabjees chairpersonship has been adopted in breach by 17 states and
entirely ignored by the Centre.
Another Police Act drafting committee was also formed in 2013 to make
revisions to the 2006 model. Dutifully, it has given its recommendations,
which now lie mouldering in bureaucratic caverns measureless to man.

Conclusion:
The demand for police reforms is over 100 years old with the first such
attempt made by Indian Police Commission of 1902-03 under British rule.
Since then, it has seen five state commissions and six national-level
commissions with all their reports gathering dust. But, it is imperative that
more needs to be done than mere structural changes within the system. It
is essential to now look at the police as a service organization meeting
those needs of the society that are essential for safety, security, quality of
life and peace. Community involvement, problem oriented policing and
proactive policing strategies need to be adopted in the changing scenario
of society.
What are the challenges faced by police set up?
Administrative Challenges
1.
Too much political interference in police functioning
2.
Frequent transfers/postings
3.
24X7 working conditions; Low salary; No respect
Logistical Challenges
1.
Lack of training
2.
Weak infrastructure
3.
Low people: police ratio

What to do?

Numerous commission have given their recommendations in past

like Dharam Veera commission, Julia Ruberio Committee, Soli Sorabjee
Committee (Model code), SC 7 point recommendations (Prakash Singh
Case) etc.

We need political will to implement these.

Reforming the police in India is sine qua non to ensure a
functional democracy where citizens enjoy their rights without
fear. In this regard, critically examine how the Supreme Court has
played its role in enforcing police reforms and with what
outcome. (200 Words)
In the Indian political context, it is the institution of police that didn't get
its share of reforms till date. It is still dependent on the colonial police act,
1861. The citizens enjoy rights without fear only with harmonised order
that can be guaranteed by police reforms. This made the Supreme Court
to identify the problems and recommended the following:
1.
To set up state security commissions to insulate the state police
from extraneous pressures;
2.
Set up Police establishment boards to give autonomy to the
department in personnel matters; and
3.
Police complaints authorities to ensure better accountability of the
force.
4.
In addition to these, the court also laid down a procedure for
appointment of the DGP and gave him a fixed tenure of two years,
mandated two-year tenure for officers performing operational duties in
the field, and gave directions for the separation of investigation from
law and order.
But, many state governments passed executive orders and some passed
weak laws to circumvent this decision and still there is no implementation
of above direction. Still, Police works under the extraneous pressure and
agents of high politicians. So, if India has to become a vibrating
democracy where there is rule of law and right of citizens are ensured,
police reforms are much needed.
SECURITY OF TENURE

Security of Tenure: The life of any bureaucrat is comprised of a wide

array of activities such as decision making, formulating plans for action,
implementing them, monitoring progress, evaluating feedback etc. All of
these require time which varies greatly depending upon the type of
project. For the past few years there have been several instances of
surprise transfers of public servants. Reasons for such transfers are

sometimes

vague

and

unacceptable.

1.

Political interference: is a major cause of transfers and

suspensions of civil servants. Some politicians who wish to have
everything done their own way prefer to have dummy bureaucrats that
they
can
bribe
and
control.

2.

Corporate influences: Political parties that depend on large

corporate to fund massive electoral campaigns are obliged to return
the favor and when sincere officers attempt to protect interests of the
common
people,
they
are
hastily
relocated.

Consequences
1.

Impact on the Nation : Important social and economic projects

begin with a vision and a change in leadership may lead to four major
problems
a.
Distorted view of the goal that needs to be achieved
b.
New appointee will need time to understand and absorb the
project to reach his predecessors level of efficiency
c.
Lack of experience of the replacement officer regarding the
project leads to unwanted delays and related complications
d.
Forceful and unexpected change in leadership creates a
negative ripple effect on the efficiency of the assignment

2.

Impact on the Officer :

a.
Officer morale is affected when he is not given an opportunity
to complete the task that he has begun
b.
Uncertainty of tenure leads to fear and instability that may
adversely impact performance at work
c.
Instability of tenure causes inefficiency due to demonization
when honest officers are punished instead of being rewarded

Suggestions
1.

Strict official norms need to be adhered to in situations relating to

transfer of civil servants. Detailed explanations stating reason and
cause for the transfer need to be provided to the officer.

2.

Unacceptable
incidents
of
officers
informed
of
their
transfer/dismissal through government and media publications need to
be legally dealt with. Every civil servant deserves to be given due
notice
before
publishing
the
event
to
media
houses.

Civil servants are the lifeline of a healthy democratic society. They are the
caretakers of
the peoples interests who implement ambitious political mandates. A
confident, sincere
and uncorrupt bureaucracy is essential for the development of India as a
world power.

Civil

Services

Board

(SC

Judgement)

To insulate the bureaucracy from political interference and to put an end

to frequent transfers of civil servants by political bosses, the Supreme
Court November,2013 directed the Centre and the States to set up a Civil
Services Board (CSB) for the management of transfers, postings,
inquiries, process of promotion, reward, punishment and disciplinary
matters.
The Bench asked Parliament to enact a Civil Services Act under Article
309 of the Constitution setting up a CSB, which can guide and advise the
political executive transfer and postings, disciplinary action, etc. The
Bench directed the Centre, State governments and the Union Territories to
constitute such Boards within three months, if not already constituted, till
the Parliament brings in a proper Legislation in setting up CSB.
The Bench said We notice, at present the civil servants are not having
stability of tenure, particularly in the State governments where transfers
and postings are made frequently, at the whims and fancies of the
executive head for political and other considerations and not in public
interest. The necessity of minimum tenure has been endorsed and
implemented by the Union Government. In fact, we notice, almost 13
States have accepted the necessity of a minimum tenure for civil
servants. Fixed minimum tenure would not only enable the civil servants
to achieve their professional targets, but also help them to function as
effective instruments of public policy.
Lack of security of tenure for important posts in India had greatly
hampered the morale and efficiency of civil service. Discuss.
Suggest
measures to address this issue. (200 Words)
CIVIL SOCIETY
CITIZEN PARTICIPATION
Successful delivery of services depends on the good governance and
people's participation. But people participation depends on the good
governance where in how effectively government is providing various
ways for them to get involved. If governance is a closed circuit of
administration then the whole concept of services or other people
oriented
aspects
lead
to
futility.
Below is a list of various initiatives taken by government for effective
citizen
participation
and
providing
good
governance.
1.

Citizen charters for all public institutions.

2.
3.
4.
5.
6.
7.
8.

Use of ICT for effective citizen-administration interface and thus

reducing corruption.
Policies like Consumer protection Act and Consumer forums for
safeguarding consumer interests.
Social media presence and promotion of policies for easy and quick
dissemination of information. All ministries, PMO etc. have their own
accounts.
Involvement of various activists and members from NGOs in policy
making like National Advisory Council.
Interaction with people through programmes like 'Mann Ki Baat'.
Whistle Blowers act gave power to people for reducing corruption.
Inaction
of
laws
Lokpal
and
Lokayukta.

Despite many measures, still there are loop holes and prevalence of social
ills like corruption is evident. Enforcing accountability on administrators
through strengthening Lokpal and Lokayukta, increasing frequency of Lok
Adalat sessions, promoting further awareness on to reach remote corners
of the nation, Increasing effectiveness of RTI etc. would help in efficient
and seamless governance promoting democracy in true spirit.
There is a growing realisation that citizen participation lies at the
heart of good governance. What are the initiatives taken by
government in this regard? How can these initiatives be more
successful? (200 Words)
---------------------------------------------------------------------------------

09/04/2016
Grand Innovation Challenge
Example of Citizen Participation which can also be written as an example
in exam
NITI Aayog has launched the first phase of the Grand Innovation
Challenge to seek citizens inputs on the key developmental challenges
facing India.

The Grand Innovation Challenge is being launched on the MyGov

portal.
What is it all about?

It aims at involving citizens at the very first stage in innovating for

Indias development. The idea is to work together with the States and
every citizen as Team India to ensure progress leaving no one behind.

The focus is on the social sector, the most vulnerable sections and
to involve citizens in crowd sourcing ideas to address challenges facing
Indias development.

In Phase I, states and citizens will submit key challenges faced by

them. In Phase 2, a shortlist of selected challenges will be prepared
and innovative solutions would be sought.
NITI Aayog will ensure that the best, innovative solutions to pressing
challenges receive full backing from the Government of India from
funding, mentoring, technical & academic support to scaling it up
across the country and absorbing them in government schemes

CORPORATE SOCIAL RESPONSIBILITY

CSR is acorporation'sinitiatives to assess and take responsibility for the
company's effects on environmental and social wellbeing. The term
generally applies to efforts that go beyond what may be required by
regulators or environmental protection groups.
The CSR law mandates an expenditure of 2% of net profits by the
corporates. However, recent estimates have shown that corporates spent
only 30-40% of the amount that was expected to flow in. A deep analysis
of the law and the way corporates handle social responsibility could bring
out
several
reasons:
1.
2.
3.

4.

5.
6.

7.
8.

Disinterest among the corporates: Many corporates see this as

a burden on their manpower and time in a global scenario with tough
competition.
Nature of the law: More than a dozen amendments in the law
since its enactment has hampered its effective implementation. Some
anomalies in tax treatment still remain in the law.
CSR in monetary value: Companies have been encouraging its
employees towards social work which cannot be measured on a
monetary scale. Attaching monetary terms would mean companies to
reorient their policies to satisfy the monetary norms of the law.
Scope of the law: The law mentions activities ranging from
eradication of hunger, poverty etc. which account to social spending.
However, companies spend substantial amounts on employee welfare
programs like school and hospital which has not been accounted for.
Mandated organisation structure: The law mandates CSR
committee which may not be in line with the existing structure in many
organisations.
Companies don't get the flexibility to carry out welfare programs as
the law specifically enumerates the area on which CSR money should
be spent . Many companies are already spending more than asked in
law but there contribution isn't counted under CSR as they're spending
in other areas which is not included in law .
States or local governments have been slow in tapping CSR
potential. For effective CSR the government is supposed to show the
vision and activities needed
Ambiguity in taxation: While CSR spends do not qualify for tax
deduction, Income tax act provides exemptions on Allowable Business
Expenditure (ABE). It opens doors for litigation to decide whether an

expenditure falls under CSR or ABE as private sector is motivated to

put expenditure under ABE and avoid tax.
9.
Independent CSR Board: The requirement to establish
independent board to monitor CSR not only creates an extra burden
but also creates a new conflict between CEO and board.
Thus, there still exists a gap between the law and the aspirations of the
company
towards CSR which needs to be sorted out for its effective
implementation. More
flexibility in the law could bring more corporates with the ambit of this law
and fulfil
the purpose of this law.
Despite mandated by legislation, it is found that private
companies are spending less on "Corporate Social Responsibility"
activities in India. Critically analyse why. (200 Words)
MEDIA
The role of the media as a powerful medium for shaping the ideas,
aspirations and conduct of the people even in the remotest corners of the
country entrusts it with the responsibility of being the watchdog and in
giving voice to the marginalised.
TRAI Recommendations
Maintaining plurality in media ownership is vital for functioning of
democracy. In this light, TRAI recommendations on media ownership is a
welcome step. It is a common adage that "News has become noise", news
across all streams has become a packaged commodity where consumers
are not able to distinguish between "real news", advertisement and
sponsored news. TRAI recommendations have tried to address these three
aspects.
1.
TRAI had recommended max advertisement of 12 and 20
minutes for news and entertainment channels respectively. But the real
issue is of revenue stream. As digitisation is not yet complete, channel
are increasingly relying on ads for generating revenue streams. With
digitization, channels can charge more for genuinely good content
thereby reducing their reliance on ads. So, TRAI has to focus on
completing digitization asap.
2.
Media houses have gained lot of control over viewers' minds, they
can make or break career of a politician or business of a company. So,
there is a propensity to own media houses to generate a positive
impression. This is clearly plausible from the fact that major TV
networks in South are owned by politicians/parties. A recent acquisition
by a corporate giant has raised serious questions over need for
independence. TRAI has recommended that a business can participate

3.

4.
5.
6.
7.

in 2 of three major news stream, i.e. TV, Print media and

Radio. But, TRAI is completely silent on the medium of Internet. In the
coming future internet would become the major medium able to
overshadow all others. Thus, leaving internet out of regulatory
mechanism defeats the purpose of regulation.
A clear distinction between ownership and control; It defines control
very widely and recommends using the Herfindahl Hirschman Index, a
globally accepted metric, to prevent monopolistic control of
media across relevant markets like newspapers and television by a
single corporate entity.
TRAI has also laid down reporting requirements for media houses to
promote transparency about ownership.
Making Doordarshan functionally autonomous, so that it becomes a
strong, independent news broadcaster
The setting up of a media regulator for print and TV
There is also a menace of paid and sponsored news and with paid
news declared as an electoral offence; a serious introspection over
conflict of interest in media is required. At the international level,
respected newspaper, Guardian has established an independent trust,
insulating itself from the influence of businesses and politicians, similar
arrangements are necessary in Indian along with careful
monitoring. TRAI recommendation on this aspect is silent.

Thus, while a welcome initiative, TRAI needs to do more, especially

including
internet within the regulatory ambit to meet the objective of a truly
independent
media.
Impact

of

Cinema

&

Media

Cinema

positive impact- Certain movies with women as lead, are improving

confidence among women. recent movie "Mary Kom" is an example for
that. But the number of such movies is limited.

negative- women are shown as glamour dolls. Sexy comments and

so called item songs are again a bit problematic as they derogate the
dignity of women. Scenes like rape are also not uncommon in our
movies.
Media

positive impact- media creates awareness with regards to women

rights. It reports about violations of such things. It also surfaces lay
downs in this regard and creates a platform for women oriented
debates as well.

negative impact- on the way to make its profits media

sensationalize issues like rape and other things. some entertainment
channels broadcast unnecessary rumours about intimate relations.

Recent issue like "deepika padukone dress furore" is an example for

that.
Thus both media and cinema are having a mixed impact and influence on
the minds of people. Both media and cinema should be more responsible
while they are dealing with women issues. After all, women are still
vulnerable in our society.
14/04/2016
Defects in Indian Media:

Twisted Facts
o
False and defamatory news is created , with the obvious
intention of creating a sensation
o
The doctored tape of the speech of Jawaharlal Nehru
University student activist Kanhaiya Kumar is a case in point

Paid News

Non-issues preferred over real issues

o
Media often portray non-issues as real issues, while the real
issues are sidelined
o
The real issues in India are economic, that is, the terrible
economic conditions in which 80 per cent of our people are living,
the poverty, unemployment, lack of housing and medical care and
so on
o
Instead of addressing these real issues, the media often try to
divert the attention of people to non-issues

Media Trails

Recently the Telecom Regulatory Authority of India (TRAI)

recommended measures to address the issue of media ownership
and
regulation
in
India.
Critically
comment
on
these
recommendations. (200 Words)
With suitable examples, critically comment on the role of popular
cinema and media in influencing opinion and perception of
common
man about women in India. (200 Words)
NGO FOREIGN FUNDING FCRA
Context:
GoI in the recent past has banned many NGOs-both domestic and Indian
arm of foreign NGOs on the pretext of violation of FCRA
Why?

Many of them were found to be violating some provision of the act

in some manner, for example Greenpeace India was banned for
exceeding the cap on administrative expenditure.
Many NGOs were put on MHA's watch list on request of the state
government, e.g. Ford foundation was put on watch list on request of
Gujarat government.

Pros of government actions:

It will help in countering activities which are detrimental to the

economy. E.g. It is suspected that UK based groups are funding
agitation against Kudaikunal power plant which is very crucial to
energy need.

Will help in bringing transparency to finances of such NGOs and

their activities. Out of 22 lakh NGOs only few filed tax return last fiscal
year.
Cons of government actions:

Government can use these provisions to stifle NGOs which are

against its policies.

Ford Foundation, Green Peace International etc. have substantial

influence in international arena and thus it may impact India's image.
What is the current practice in regulation of NGOs?

NGOs are regulated under FCRA and FEMA. TheHome Ministry

monitors foreign funds donated to NGOs and organisations through the
FCRA. And,FEMA is regulated by the Finance Ministry.

Currently, there are nearly 100 international NGOs and associations

which receive foreign funds through their liaison offices and disburse
them to NGOs across India. Few international donors are registered
under FEMA but not the Foreign Contribution Regulation Act (FCRA),
2010.

Many NGOs and foreign donors do not want to register under the
FCRA due to its stringent provisions.
What Home Ministry wants?
The Home Ministry has asked the Finance Ministry to surrender its powers
to monitor non-governmental organisations (NGOs) under the Foreign
Exchange Management Act (FEMA). This move is aimed at bringing all
NGOs which receive foreign contributions under one umbrella for better
monitoring and regulation. It will help in better regulation of such funds.
Other Issue:
Foreign Firms can now fund political parties
What happened?
The government has admitted that the amended Foreign Contribution
Regulation Act (FCRA), 2010, which they brought in through the Finance
Bill route, will not only help foreign-origin companies to fund NGOs here

but has also cleared the way for them to give donations to political
parties.
Response from Opposition

This is subversion of democracy, the FCRA amendment was brought

in through the Money Bill route and passed without any discussion in
Parliament.

This reflects the governments authoritarian character, it will only

fulfil the agenda of certain people
LOBBYING
Lobbying per se in not illegal in India but it is not recognised or regulated
by any legislation like in the US. Various interests groups such as
corporate bodies like FICCI, CII, NGOs and media like Amir khan's Satya
Mev Jayate do lobby the government. There is nothing wrong with
petitioning the government to take up issues but it is important that it is
done in a transparent and fair manner and is not detrimental to the cause
of inclusive development and the rights of the poor.
Merits of registered lobbying:
1.
Open and registered lobbying could ensure that no unethical
considerations are made to influence policy making like bribe,
blackmail etc. registered lobbying groups may result in 'open lobbying'
which
means greater
transparency by
allowing
for public
scrutiny of suggestions of interest groups and their own funding.
2.
More participative democracy as various sections of society and all
stakeholders will have a chance to interact with legislature or members
and present their views, data and information to affect policy making.
3.
It is often said that bargaining power of interest groups also define
the benefits that they get from lobbying. Better organized and better
funded groups with limited objectives are generally more successful.
Regulation would allow yet un recognized interest groups to form, for
example from civil society and participate in a more democratic and
open lobbying.
Demerits:
1.
The regulatory body specified in the legislation thereof, if
not independent, may restrict the registration of lobbying groups that
do not align themselves to the mainstream ideologies while curbing
their freedom of speech and expression.
2.
The regulatory checks may introduce bureaucratic hurdles that
would make lobbying a job only for professional lobbyists.
3.
In India the popular perception is that every government dealing is
mired with palm greasing and the rich push their agenda though their
representatives. It will be difficult to establish quid pro quo and
allegations of bribery may fill courts with litigation.
4.
Unrepresented groups could be left out and suffer as a
consequence. The powerful corporate lobbies could hijack the policy

making agenda and the less articulate citizens could be made the
scapegoats.
5.
Many politicians are themselves seen as lobbyists and issues of
conflict of interest is not uncommon to hear about.
In any case, the bottom-line is strengthening of civil society as NGOs are
vital for a healthy democracy, not good to silence them in the garb of
national development. Rather than pushing its agenda down the throat of
the people, the Govt. should generate consensus among the
masses regarding development projects to prevent NGOs with vested
interests to take advantage. Roles and limitations of NGOs should be
clearly defined within law. Foreign NGOs should be allowed to undertake
apolitical and development work only. Foreign funding can't be the only
criteria for executive uneasiness as most of the political parties (which are
also
NGOs),
too
take
heavy
foreign
funding.

It is suggested that the Indian government, like the US, should

consider permitting open and registered lobbying by interest
groups and NGOs. In the light of recent controversy over funding
and functioning of certain NGOs and action against them by the
government, critically examine the merits and demerits of the
said suggestion. (200 Words)
SOCIAL MEDIA
Role of social media in connecting people and government in a large
democracy.
Tool of diplomacy:

Modi wished Chinese PM on his birthday via social media

Modi wished Israeli PM in Hebrew and he replied in Hindi

In todays age of increasing reach of social media, it has also penetrated
the sector of government and has given the citizens a new platform to
express their views regarding various policies effecting public life.
Social media has brought the idea of direct democracy at a much
achievable distance, with the mobiles being available at cheap prices, has
connected a large section of the society to each other, where they can
make their voice heard, and make the government think on any of its
policies.
The recent step of PM to ask for suggestions for improving Make in India
initiative and the uproar of public against abolition of Net Neutrality which
led to the liberal position of TRAI, has been crucial examples of the power
of
social
media
in
influencing
the
government
policies.
On the other hand, social media can also be nuisance for the government
sometimes. Mudslinging has got a new medium, and people are venting

all their wrath and anger by blasting off tweet after tweet, mocking every
aspect of these servants of society. Various defamatory comments posted
on social networks can lead to unnecessary public unrest, which waste the
precious time of the officials while trying to tackle he situation.
Seeing the negative impacts caused by social media, Section 66A was
introduced by the IT act, which turned out be doing exactly the opposite of
what was intended. Instead of stopping public unrest incidents, it lead to
harassment of innocent individuals, leading to a blot on the ability of
governance
of
the
incumbent
govt.
To minimize such incidents citizens need to be educated about the better
usage of social media, as the upcoming Digital India initiative aims to
connect the whole nation on internet, and only with knowledge of
effective usage of the platform, can it lead to the betterment of the
nation.
Effect

Function

&

Performance

of

government

Accountability and transparency in Government

Various deals, decision by representative are Instantly getting
shared on Social media
In a way it is Helping people decide that What things are actually
Government is doing and its viewpoint
It is also causing swift actions by government
Making representative more closer through Digital interface
Democratizing effect

Effect

on

on

Governance

and

Institutions

various consultations like recent by TRAI on net neutrality was

immediately circulated shared.
It is providing voice to the people and Voices are heard Like recently
Post protest over Airtel charging on OTT services caused to take it
back
Office delays ,and Bureaucratic red-tapism, absenteeism has been
affected greatly.
Recent protest on Free speech has also caused Judicial activism thus
Prudent judiciary in even of Infringement of rights
Not only Public, It also helped Political leader during election
Campaign, propagating manifesto
Cost of dissemination of Information ,expenditure of government
has been reduced Vis a Vis to other forms of Information

Critically analyse the effect of social media on functions and

performance of government, governance and institutions in India.
(200 Words)
COMMITTEE
ADAM LEWIS PANEL
To safeguard integrity in International tennis. The panel was formed
against the backdrop of reports on corruption allegations in the
international tennis arena by the BBC and Buzzfeed News

Note: Committee name can be used in questions related to international

sports.
AK BHARGAVA COMMITTEE
To look into the issues of Net neutrality"
Committee recommended for adherence of the core principles of Net
Neutrality, it also suggested few exceptions in the interests of national
security and businesses.
Highlights of report

Legitimate traffic management practices may be allowed but should

be tested against the core principles of Net Neutrality. Further,
Improper (Paid or otherwise) Prioritization may not be permitted.

India specific Net Neutrality approach should be formulated by

taking into account international best practices that serve specific
needs of the country.

The primary goals of public policy in the context of Net Neutrality

should be directed towards achievement of developmental aims of
the country by facilitating Affordable Broadband, Quality Broadband
and Universal Broadband for its citizens.

User rights on the Internet need to be ensured so that Telecom

or Internet Service Providers do not restrict the ability of the user to
send, receive, display, use, post any legal content, application or
service on the Internet, or restrict any kind of lawful Internet activity or
use.

Over-the-top (OTT) application services should be actively

encouraged and any impediments in their expansion and growth
should be removed.

In order to deal with the complexities of the new digital world,

a think-tank with best talent may also be set up.

NOTE: You can use these recommendations in Net Neutrality questions.

AK SINHA COMMITTEE
To study silt in river Ganga in Bihar
AP SHAH COMMITTTEE (MAT)

A P Shah Committee

Mandate to examine the matter relating to levy of MAT on

FIIs/FPIs for the period prior to 1.04.2015.
The Committee has recommended that section 115JB of the Incometax Act may be amended to clarify the inapplicability of MAT provisions
to FIIs/FPIs.
The Government has accepted the recommendation of the
Committee to clarify the inapplicability of MAT to FIIs/FPIs and has
decided that an appropriate amendment to the Income-tax Act will be
carried out. Through the amendment the Government proposes to
clarify that MAT provisions will not be applicable to FIIs/FPIs not having
a place of business/ permanent establishment in India, for the period
prior to 01.04.2015.

MAT is a minimum tax levied on profit-making entities that dont pay

corporate income tax because of exemptions and incentives.
The tax row had started after the income tax department started issuing
notices to foreign investors for levy of MAT on capital gains accruing to
them from sale of shares, citing an August 2012 order by the Authority for
Advance Rulings in the case of Castleton Investment Ltd that MAT is
applicable on both domestic and foreign companies.
The decision will help in reviving the investor confidence and ensuring
clarity of taxation in the hands of the foreign investors
AP SHAH COMMITTEE (OIL PRICING)
To look into the dispute between Oil and Natural Gas Corporation Limited
(ONGC) and Reliance Industries Limited (RIL) on Krishna Godavari (KG) gas
fields.

NOTE: You can use the name in questions related to Oil Pricing, Oil
economics etc.

AMITABH KANT COMMITTEE

To look at easing the policy regime for e-commerce players, including the
rules for foreign direct investment (FDI)
Terms of Reference:

Examine various issues in e-commerce sector and making

recommendations for further liberalisation of the policy.

Look into all issues including FDI norms pertaining to the fast
growing e-commerce industry in the country
Significance:

There are issues related to e-commerce players selling

pharmaceuticals

Some e-commerce firms are facing taxation related problems in few

states.

Setting up of this committee assumes significance as the Union

Government recently had permitted 100 per cent FDI in food
processing sector.

The DIPP (Department of Industrial Policy and Promotion) has

permitted 100 per cent FDI through automatic route in the marketplace
format. But FDI has not been allowed in inventory-based model of ecommerce.
Note: Use this committees name in questions related to FDI and eCommerce
ARVIND SUBRAMANIAN COMMITTEE
On Possible Tax rates under Goods and Services Tax (GST)

Note: Recommendations are not important. Use this name in questions

related to GST.

ARVIND SUBRAMANIAN COMMITTEE (PULSES)

The committee is tasked to study and suggest ways to contain the

rising prices of pulses in the country.
The committee will consider a reasonable hike in the Minimum
Support Price (MSP) for pulses and bonus for the farmers to promote
pulse cultivation.
Frame an appropriate long term policy to promote cultivation of
pulses in India and shall also consider the issue of subsidising farmers
who wish to grow pulses.

ASHOK DALWAI COMMITTEE

To prepare a blueprint for doubling farmers income by 2022
Terms of reference:

Prepare plan to shift farm policies to income based from current

production-oriented.

Identify potential areas of agriculture where more investment should

happen.

Suggest ways to reduce the risk of farming by diversifying to

horticulture and allied activities like livestock and fisheries to boost
income.

Suggest measures for reducing the cost of cultivation and

addressing unpredictability of weather and price fluctuations in farm
sector.
Background
In the Union Budget 2016-17, Government had announced to double farm
incomes by 2022. To follow up its budget announcement, Government
decided to set up the committee. Union Government is focusing on
increasing crop yields and reducing the cost of cultivation in order to
increase the net income of farmers. For this purpose, Government had
launched various schemes related to agriculture sector to bring down the
cost of cultivation.
Note: Use this name in questions related to farmers suicide, agricultural
distress etc.
BB TANDON COMMITTEE
12/04/2016

A three member committee constituted to address the issues

related to Content Regulation in Government Advertising.

The committee would be chaired by Shri B.B. Tandon, Former

Chief Election Commissioner of India.
Context:
Honble Supreme Court had directed to constitute the Body for ironing out
the creases that are bound to show from time to time in implementation

of the judgement of Apex Court on Content Regulation of Government

Advertising.
Terms of Reference:

Will address complaints from the general public of violation on the

implementation of the guidelines set out by Honble Supreme Court.

Would also take suo motu cognizance of any violation / deviation of

the guidelines of Honble Supreme Court and recommend corrective
action to the Ministry /Department.

The Committee may recommend suitable changes to the Supreme

Court guidelines to deal with new circumstances and situations that
may arise from time to time, without making major policy changes
within the policy direction of Supreme Court.

The Committee is not bound by any legal rules of evidence and may
follow such procedure that appears to it to be fair and proper for swift
settlement of grievances. For all decisions of the Committee, the view
of majority would prevail.
BCCI LODHA COMMITTEE
Lodha committee was set up by the Supreme Court to recommend
reforms in the Board of Control for Cricket in India (BCCI). The threemember panel was headed by Justice (Retd) RM Lodha.
SC has accepted following recommendations of Lodha Committee:
1.
Ministers and civil servants and those above 70 years of age cannot
become BCCI members.
2.
An office-bearer of BCCI cannot hold a post for more than three
years
3.
Parliament to decide whether BCCI should come under the Right to
Information Act (RTI)
4.
There should be a players association in the BCCI
5.
Disallowing
BCCI
office-bearer
from
holding
dual
posts
simultaneously i.e. in a state cricket association and in the BCCI
6.
Each state should have only one vote. States like Maharashtra and
Gujarat having more than one cricket association will have voting rights
on rotational basis
7.
Member of the Comptroller and Auditor General (CAG) to be
included in the BCCIs governing council
All 15 salient recommendations are (Not important)
1.
Membership: One State, One Vote. Only cricket Associations
representing the States would have voting rights as Full Members of
the Board, thereby ensuring equality among the territorial divisions.
Any other existing members would be Associate Members.
2.
Zones : Zones for Tournaments alone. The Zones would be
relevant only for the purpose of the tournaments conducted amongst

themselves, but not for nomination to the governance of the Board or

to the various Standing Committees.
3.
State Associations : State Associations - Uniformity in Structure.
The Associations that are the Members would necessarily have to
restrict the tenures of office bearers and prescribe disqualifications, do
away with proxy voting, provide transparency in functioning, be open
to scrutiny and audit by the BCCI and include players in membership
and management. They would also have to abide by the conflict of
interest policy prescribed by the Board, and divorce the Association
from the social club, if any.
4.
Office Bearers : Limited Tenures & Cooling Off. While all the
existing office bearers (President, Vice-President, Secretary, Treasurer
and Joint Secretary) are retained in honorary positions, the number of
Vice Presidents is pruned from five to one. Their duties have been
realigned. The President is shorn of his say in selections. The additional
vote for the President at meetings is deleted. The terms of these Office
Bearers continue to be of 3 years, but with a maximum of 3 such terms
regardless of the post held, with a cooling off period after each such
term.
5.
Governance : Governance separated from management. The 14
member Working Committee is replaced by a 9 member Apex Council
(with one-third independent members) consisting of the Office Bearers
of the BCCI, an elected representative of the General Body, two
representatives of the Players Association (one man and one woman)
and one nominee from the C&AGs office. Terms of eligibility and
disqualification are specified with a bar on Ministers and government
servants.
6.
Management : Professionalism in management. Professionalism
is brought in by introducing a CEO with strong credentials assisted by a
team of managers to handle non-cricketing affairs. The large number of
Standing Committees and Sub-Committees created by the BCCI has
been reduced to two essential ones that would advice the CEO with
reference to tours, technical aspects and tournaments.
The selection, coaching, performance evaluation and umpiring are to be
handled by Cricket Committees manned only by former professionals.
Specific provisions have been made to encourage cricket for women and
the differently-abled.
7.
The IPL : Limited Autonomy for IPL. The Governing Council of the
IPL is reduced to 9, but includes 2 representatives of the Franchisees
and nominees of the Players Association and the C&AGs office.
8.
Players : A voice for Players. There shall be a Cricket Players
Association affording membership to all international and most first
class men and women retired cricketers. This Association shall
discharge assigned functions with the financial support of the BCCI. It
shall be brought into existence by an independent steering committee.
9.
Agents : Arms length for agents. Players interests are protected
by ensuring that their Agents are registered under the prescribed
norms administered by the BCCI and the Players Cricket Association.

10. Conflict of Interest : Avoidance of conflicts. Detailed norms have

been laid down to ensure there is no direct or indirect, pecuniary or
other conflict or appearance thereof in the discharge of the functions of
those persons associated or employed by the BCCI, its Committees, its
Members or the IPL Franchisees. These norms shall be administered by
an Ethics Officer.
11. The Ombudsman and the Electoral Officer : Independent
monitors. Provision has been made to have an independent
ombudsman to resolve grievances of Members, Administrators, Players
and even members of the public as per the procedures laid down.
Similarly, an independent Electoral Officer to oversee the entire
electoral process is also mandated.
12. Functioning: Transparency. The BCCI must provide the relevant
information in discharge of its public functions. All rules and
regulations, norms, details of meetings, expenditures, balance sheets,
reports and orders of authorities are to be uploaded on the website as
well.
13. Oversight : Accountability. An independent auditor to verify how
the Full Members have expended the grants given to them by the BCCI,
to record their targets and milestones, and to submit a separate
compliance report in this regard.
14. Betting & Match-fixing : Legalization for betting and
Criminalization for match-fixing. A recommendation is made to legalize
betting (with strong safeguards), except for those covered by the BCCI
and IPL regulations. Also a recommendation for match/spot-fixing to be
made a criminal offence.
15. Ethics for Players : Awareness and sensitization. Provisions to be
made for lectures, classes, handbooks and mentoring of young
players.
Note : Use this name in questions related to sports administration
BEZBARUAH COMMITTEE
Committee was formed by Ministry of Home Affairs to recommend
measures for safety and better integration of natives of North East states
in rest of India.
Major recommendations:

New sections 153C and 509A in IPC

The proposed Section153-C makes acts causing or likely to cause
fear
or
feeling
of
insecurity among
the northeastern
community punishable with up to five years imprisonment
The proposed Section 509-A provides up to three years
imprisonment for words, gesture or act intended to insult a member
of anyrace

The Delhi Government will also be providing compensation and

monetary assistance to the NE people under Delhi Victim
Compensation Scheme 2011
Delhi police will recruit 20 police personnel, (10 male 10 female)
each from North East States; Police exchange programme
North East Special Unit at New Delhi

Note: Use this name in questions related to discrimination with NE people

COMMITTEE FOR CONSOLIDATION OF PENSION PRODUCTS

Aims to consolidate the regulation of pension products that is currently

being done by three different watchdogs including insurance and stock
market regulators.

The committee would have representatives from all financial sector

regulators SEBI, IRDA, RBI and PFRDA. Its mandate will be to look into the
issue of bringing these companies which are offering pension plans under
different regulators under the purview of PFRDA

Why there
products?

is

need

to

consolidate

regulation

of

pension

The PFRDA Act says that PFRDA will be the pension regulator in the
country.Currently, pension products floated by insurance companies and
those sold by mutual funds are under purview of IRDA and SEBI
respectively. Thus, there are cases of overlapping functions performed by
financial sector regulators SEBI, IRDA, RBI and PFRDA in case of floating
different pension products. For instance PFRDA is regulating all pension
products in the country. However, insurers and mutual funds continue to
sell pension products outside PFRDAs watch.

DEEPAK MOHANTY COMMITTEE

To frame action plan on financial inclusion.

Key recommendations:

Augment the government social cash transfer in order to increase

the personal disposable income of the poor. It would put the economy
on a medium-term sustainable inclusion path.

Sukanya Shiksha Scheme: Banks should make special efforts to

step up account opening for females belonging to lower income group
under this scheme for social cash transfer as a welfare measure.
Aadhaar linked credit account: Aadhaar should be linked to each
individual credit account as a unique biometric identifier which can be
shared with Credit information bureau to enhance the stability of the
credit system and improve access.
Mobile Technology: Banks traditional business model should be
changed with greater reliance on mobile technology to improve last
mile service delivery.
Digitisation of land records: It should be implemented in order to
increase formal credit supply to all agrarian segments through
Aadhaar-linked mechanism for Credit Eligibility Certificates (CEC).
Nurturing self-help groups (SHGs): Corporates should be
encouraged to nurture SHGs as part of Corporate Social Responsibility
(CSR) initiative.
Subsidies: Government should replace current agricultural input
subsidies on fertilizers, irrigation and power by a direct income transfer
scheme as a part of second generation reforms.
Agricultural interest subvention Scheme: It should be phased
out.
Crop Insurance: Government should introduce universal crop
insurance scheme covering all crops starting with small and marginal
farmers with monetary ceiling of Rs. 2 lakhs.
Multiple Guarantee Agencies: Should be encouraged to provide
credit guarantees in niche areas for micro and small enterprises
(MSEs). It would also explore possibilities for counter guarantee and reinsurance.
Unique identification of MSME: It should be introduced for all
MSME borrowers and information from it should be shared with credit
bureaus

Note: All these recommendations are good. You can remember them and
write them as suggestions.
DHIRENDRA SINGH COMMITTEE
Make in India in Defence Sector: An Overview of the Dhirendra Singh
Committee Report
Objective:

evolve a policy framework for facilitating Make in India within the

purview of the Defence Procurement Procedure (DPP) and

streamline the procurement process

Recommendations:

Strategic partnership model : After taking into account the

unique nature of defence equipment and the configuration of the global
defence industry, the Committee has arrived at three models for the
Indian set up Strategic Partnership, Developmental Partnership and
Competitive Partnership. According to the Committee, the choice of the
model should be based on strategic needs, quality criticality and cost
competitiveness.
like the Raksha Udyog Ratan concept (Kelkar Committee) , the strategic
partnership model also visualises selective identification of a few big
private players and nurturing them through preferential treatment, which
would entail co-opting them for Buy and Make and Government-toGovernment
procurement
programmes.
Identified segments for Partnership like aircraft, armoured vehicle etc.
Suggested measures to prevent building of monopolies by allowing
selected number (2 -3) RUR in each segment the idea of strategic
partnership is as relevant as the earlier RUR concept since India cannot
afford to have a very large and frequently changing number of players in
every segment of major defence platforms. Even in the United States, the
biggest defence market in the world, the production of major platforms
and weapon systems is consolidated among a few major companies.
Having said this, the major challenge for the government now is to select
the SP in each segment. Given the earlier experience in the selection of
RURs, it would be worth watching how the government proceeds on the SP
concept.

Industry Friendly Procurement System : A major focus of the

Expert Committee is on streamlining the acquisition process and
structure so as to create more opportunities for the local industry.

The Committee argues that for Make in India to succeed, the

procurement system must recognise the unique and strategic nature of
defence equipment, which is characterised by high-technology content,
stringent quality standard, limited vendor base, low production rate, rapid
obsolescence and restricted mobility across borders. In such a scenario,
for the local industry to prosper, there is a need to take it into confidence
in every possible procurement step, beginning with the planning process.
Highlighting the current weakness whereby the local industry does not
have information about the type and nature of the long term equipment
requirement of the armed forces, the Committee has suggested that the
relevant information as contained in various plans and other documents
be shared with the industry with the sole objective of enabling the latter
to make a concrete decision on investment or technology partnership
Committee has suggested the revision of the current Technology
Perspective Capability Roadmap (TPCR) so as to reflect the type and
nature of the equipment required by the armed forces in the next 15

years. At the same time, the Committee has also suggested that schemes
amenable to Make projects be shared with the industry along with the
details of other schemes as contained in the 5-year Services Capital
Acquisition Plan (SCAP).
Since Make projects involve a long-gestation period, the decision on such
projects must precede that of other categories by at least one plan period
(five year) or more. Such pre-positioning of Make projects would give
much needed leeway to the industry and the services to iron out any issue
that may arise at the developmental stage without significantly disturbing
the planned induction schedule.
The eligibility criteria for soliciting expression of interest (EoI) from the
industry should be liberal to include not only the big players but also all
the innovative and agile industry including from the Micro Small &
Medium Enterprises (MSME) sector. Moreover, the industry executing the
Make project should be given tax incentives by way of allowing their
developmental cost (of 20 per cent) as being qualified as R&D
expenditure.
The Committee is also of the firm opinion that for the local industry to
grow, the current approach of the procurement system towards single
vendor situations needs a relook.

Emphasis on Greater Indigenisation

The Experts Committee is of view that Make in India should not become
assemble in India with no IPR [intellectual property rights] and design
control and thereby perpetuating our dependence on the foreign
suppliers.
To guard against such a situation, the experts group has emphasised on
progressively increasing the indigenisation content, to be ensured not only
through DPP-driven procurement but also by entities like DRDO, DPSUs
and OFs the three traditional players in the defence industry set up.
Increase local content threshold in 'Buy (Indian), 'Buy and Make (Indian)'
and 'Make (Indian)'
Committee has given the flexibility to the procurement authorities to
lower the local content requirement. At the same time, in systems in
which local capability is relatively developed, authorities would have the
option of enhancing the indigenisation requirement.

Human Resource Development

Conducive Financial Framework

KAMLESH CHANDRA COMMITTEE

To examine the wage structure, service conditions of the Gramin Dak

Sevaks (GDS) in the Department of Posts (DoP).

Note: Not important

KELKAR OIL SECTOR REFORM

To bring down the nation's oil import bill Kelkar recommended following
reforms
in
oil
sector:
Institutional Reforms:
1.
Create an empowered Cabinet Committee on Energy for policy
formulation and integration of energy related issues; will remove policy
paralysis.
2.
Make DGH an independent regulator for upstream oil & gas sector
on the lines of SEBI; more teeth to DGH to resolve issues.
3.
Create a national databank of basins; enhance transparency.
4.
Create an independent cadre of staff for downstream regulator
(PNGRB);
stability
to
PNGRB.
Fiscal:
1.
Cover oil & gas under GST to simplify & standardize taxation norms
ensuring similar country wide pricing.
2.
Extend definition of mineral oil as used in Oilfields Regulation &
Development
act
to
IT
act-1965;
to standardize
taxation.
Pricing:
1.
Market linked pricing for natural gas to incentivize higher
exploration & production making stranded fields viable; increased
domestic production will reduce imports.
2.
Wave off custom duty on imported LNG to boost demand in general
Contractual:
1.
Favored PSC over RSC due to misaligned risk return structure of the
latter; RSC often a cause for lower level of production as riskier fields in
deeper waters are not bided & exploited.
2.
Ensure absence of retrospective clauses/changes in contracts to
bring clarity in contracts.
3.
Extension of contract tenure up to economic life of asset (oil field) to
boost
investor
sentiments.
Policy:
1.
Bring open acreage licensing policy by 2016 to allow upstream
companies to bid for any oil & gas block without waiting for
announcement of bidding under NELP regime.

2.

To boost investment in exploration allow equity participation to

foreign firms in nominated fields.

The above recommendations can be thoughtfully implemented to reduce

country's oil import bill.
KS VALDIYA COMMITTEE

Committee has concluded that Saraswati River so far considered mythical,

existed.

The committee comprising of geologists, archaeologists and

hydrologists say that they have found evidence of the course of the
river Saraswati
Committee found that Saraswati River originated in the Himalayas.
It was approximately 4,000 km in length and flowed through India and
Pakistan before meeting Arabian Sea through Rann of Kutch
Two-third stretch of river measuring nearly 3000 km in length fell in
India and reaming one-third of the river stretch fell in present-day
Pakistan.
The river had two branches viz.
a.
Western Branch: It represented by the Himalayan-born Satluj
River of the past which flowed through the channels of present-day
Ghaggar-Patialiwali rivulets.
b.
Eastern Branch: Palaeochannels (remnants of defunct rivers)
Sarswati-Markanda rivulets in Haryana were courses of eastern
branch of river, known as Tons-Yamuna.

Suggestions by Committee:

The committee has recommended that the government legislate a

law to regulate extraction of water from palaeochannels in view of low
rainfall in dry stretches and reckless exploitation of freshwater for
irrigation and other purposes.

The panel suggested that it develop systematic database of all

surface maps of palaeochannels and sub-surface stratigraphic data
including geophysical surveys, borehole data, chemical quality and
isotopic composition of groundwater in and around palaeochannel.

It also proposed launching of a mission to facilitate accurate

estimation of groundwater reserves.

Among other, the committee has urged the government to make

recharging as many well-identified palaeochannels as possible its
top priority.
LAKDWALA COMMITTEE

26/04/2016
Lakdawala Formula

Till as recently as 2011, the official poverty lines were based entirely
on the recommendations of the Lakdawala Committee of 1993.

This poverty line was set such that anyone above them would be
able to afford 2400 and 2100 calories worth of consumption in rural
and urban areas respectively in addition to clothing and shelter.
These calorie consumptions were derived from YK Alagh committee
only.
According to the Lakdawala Committee, a poor is one who cannot
meet these average energy requirements. However, Lakdawala formula
was different in the following respects in comparison to the previous
models:
In the earlier estimates, both health and education were
excluded because they were expected to be provided by the states.
This committee defined poverty line on the basis of household per
capita consumption expenditure. The committee used CPI-IL
(Consumer Price Index for Industrial Laborers) and CPI- AL (Consumer
Price Index for Agricultural Laborers) for estimation of the poverty line.
The method of calculating poverty included first estimating the per
capita household expenditure at which the average energy norm is
met, and then, with that expenditure as the poverty line, defining as
poor as all persons who live in households with per capita expenditures
below the estimated value.
The fallout of the Lakdawala formula was that number of people
below the poverty line got almost double. The number of people below
the poverty line was 16 per cent of the population in 1993-94. Under
the Lakdawala calculation, it became 36.3 per cent

L NARASIMHA REDDY COMMITTEE

Aim was to look into the implementation of One Rank One Pension (OROP)
scheme for the ex-servicemen. It has submitted its report.

What is One Rank One Pension (OROP)?

The OROP scheme aims to provide ex-servicemen of same rank and same
length of service uniform pension regardless of date of retirement,
provided that the ex-servicemen concerned had retired from the same
rank and they had served for an equal number of years. Under this
scheme, pension will be re-fixed every five years for ex-servicemen and
future enhancements in rates of pension will be automatically passed to
the past pensioners
Lt GEN DB SHEKTAKAR COMMITTEE

Aim:

To recommend measures to enhance the combat capabilities of the

armed forces and re-balance the overall defence expenditure.

The overall aim of the committee is to ensure combat capabilities

Indian armed forces and enhance their potential with a better teeth-totail combat ratio, within budgetary constraints.
It also aims at ensuring leaner and cost-effective fighting forces of
India.

Background:

The committee was constituted owing to the present revenue

component (day-to-day costs/salaries) in the defence budget.

The revenue component usually outstrips the capital outlay every

year and leaves a very little for new modernisation projects for the
armed forces.

Since the 1999 Kargil conflict, Union Government is trying to follow

a policy of `save and raise in order to improve combat capabilities
without manpower increases.

For this purpose government is focusing on modernisation and

induction of cutting-edge technologies, for optimisation of manpower.
MADHAV CHITALE COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga

Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda

(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MADHAV MENON COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga

Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda

(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MADHUKAR GUPTA COMMITTEE

The Union Ministry of Water Resources, River Development and Ganga

Rejuvenation has constituted this committee to prepare guidelines for
desiltation of Ganga Rive
Terms of Reference of Committee

Prepare guidelines for desiltation of Ganga River from Bhimgauda

(Uttarakhand) to Farakka (West Bengal).

Establish difference between desilting and sand mining.

Establish need for desilting for ecology and e-flow of the river
Ganga.
MUNNIALAPPA COMMITTEE

The Union Agricultural Ministry has constituted a High-Level Committee to

monitor the bird flu situation and help state governments take steps to
contain the disease.

The committee was constituted after mortality among the birds in National
Zoological Park, Delhi NCR and other parts of the country due to Avian
Influenza Virus (H5N1) was found.
BILLS AND ACTS
AADHAR ACTS

Aadhaar (Target Delivery of Financial and Other Subsidies, Benefits and

Services) Bill, 2016
Aim : The Bill is aimed at giving statutory backing for transferring
government subsidies and benefits to targeted people by assigning them
Aadhaar numbers i.e. unique identity numbers
Key

Features:
Determines eligibility criteria for enrolling persons
Determines what information they need to submit
Determines use of Aadhaar number:
Verifying the identity of a person receiving a subsidy or a
service
o
as a proof of identity of the Aadhaar number holder for any
purpose asked by any public or private entity
o
It cannot be a proof of citizenship or domicile
Determines composition and function of UID
Provides for protection of information

Related Notes:

Aadhar as Money Bill

ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) BILL 2016

The proposal to enact to this bill was forwarded by Union Ministry of

Shipping to repeal five archaic admiralty statutes. Admiralty jurisdiction is
related to the powers of the High Courts in respect of claims associated
with transport by sea and navigable waterways.
Key Facts:

The Bill consolidates the existing laws relating to admiralty

proceedings on maritime claims, admiralty jurisdiction of courts, arrest
of vessels and related issues.

This legislative proposal will also fulfil a long-standing demand of

the maritime legal fraternity.

It also repeals five obsolete British statues on admiralty jurisdiction

in civil matters. They are (i) Admiralty Court Act, 1840 (ii) Admiralty
Court Act, 1861, (iii) Colonial Courts of Admiralty Act, 1890, (iv)
Colonial Courts of Admiralty (India) Act, 1891, and (v) Provisions of the
Letters Patent, 1865
Salient Features

Confers admiralty jurisdiction on High Courts located in coastal

states of India

The jurisdiction will be extendable by the Union Government

notification upto exclusive economic zone (EEZ) or any other maritime
zone or islands constituting part of India.

It applies to every vessel irrespective of place of domicile or

residence of owner.

It does not apply to naval auxiliary, warships and vessels used for
non-commercial purposes.

Inland vessels and vessels under construction are excluded from its
application. But it empowers Union Government to make it applicable
to these vessels also by a notification.

It lists the jurisdiction for adjudicating on a set of maritime claims. A

vessel can be arrested in certain circumstances in order to ensure
security against a maritime claim.
Background

India is a leading maritime nation and maritime transportation

caters to about 95% of its merchandise trade volume.

However, the admiralty jurisdiction of Indian courts under the

present statutory framework flow from laws enacted in the British era.

The repealing of five archaic admiralty statutes is in line with the

Union Governments commitment to do away with archaic laws which
are hindering efficient governance.

AGRICULTURE LAND LEASING ACT,2016

Background:

An expert panel appointed by NITI Aayog submitted its

recommendations in April 2016 to create a model law to formalise
leasing of agricultural land.

Besides, reviewing existing agricultural tenancy laws of states, the

expert committee had to suggest appropriate amendments with a view
to legalise and liberalise land leasing and, more importantly, to prepare
a model act.

After consultations with states, farmer associations and civil

societies, in the final report, the committee has provided a Model
Agricultural Land Leasing Act.

Currently, land ownership in India is recognised through the

Registration Act of 1908. But on strictly technical terms, this Act only
records the selling and buying of lands and doesnt indicate ownership.
As of now, most state governments have either legally banned or
imposed various restrictions on agricultural land leasing.
What are the advantages of liberalised Land Leasing?

Consolidation of operational holdings, fallow land

Access to institutional credit

Productive use of land belonging to farmers unwilling to engage in

farming
Why a law in this regard is necessary?

Absence of a sound institutional framework facilitating land leasing

had been viewed as a major obstacle for private investment in
agriculture resulting in poor productivity.

Due to lack of any legal framework for leasing, the informal tenants
of agricultural land have, in many parts of the country, been deprived
access to institutional credit, disaster relief, and other support
services.

The situation, where beneficiaries of agricultural support services

have been the land-owners and not the actual tillers, has fuelled
problems of farmer suicides, default on agricultural loans among
others.

Also, agricultural land leasing has hitherto been informal due to

legal restrictions imposed by some states, and these restrictions have
affected agricultural productivity growth.

Besides, tenancy laws differ from state to state. Laws in some states
are generally very restrictive in the sense that they had almost
prohibited agricultural tenancy. Such restrictive tenancy laws of states
had adversely affected agricultural efficiency, equity, occupational
diversification, and rapid rural transformation.

What are the main features of proposed model Agricultural Land

Leasing Act, 2016?
Main features of the proposed model Agricultural Land Leasing Act, 2016:

Legalise land leasing, which will promote agricultural efficiency,

equity, poverty reduction, agriculture productivity and rapid rural
change.

This is to ensure complete security of land ownership right for land

owners and security of tenure for tenants for the agreed lease period.

It will remove the clause of adverse possession of land in the land

laws of various states as it interferes with free functioning of the land
lease market.

Allow automatic resumption of land after the agreed lease period

without requiring any minimum area of land to be left with the tenant
even after termination of tenancy.

Allow the terms and conditions of lease to be determined mutually

by the land owner and the tenant, without any fear on the part of the
landowner of losing land rights.

Facilitate all tenants including share croppers to access insurance

bank credit and bank credit against pledging of expected output.

Incentivise tenants to make investment in land improvement and

also entitle them to get back the unused value of investment at the
time of termination of tenancy.

What would be the benefits if this is implemented?

The Act will allow leasing of land for the purpose of agriculture and
allied activities for a specified period and as per mutual agreement
between land owner and lessee cultivators.

Agriculture and allied activities encompasses the raising of crops

including food and non-food crops, fodder or grass; fruits and
vegetables, flowers, any other horticultural crops and plantation;
animal husbandry and dairy; poultry farming, stock breeding; fishery;
agro-forestry, agro-processing and other related activities by farmers
and farmer groups.

Further, the major benefit expected from the Act would be to lesseecultivators, as they would be entitled to obtain loans, crop insurance,
disaster relief or any other related benefits or facilities provided to
farmers by the state or Central government based on their agricultural
use of the leased-in land.

What are the limitations in the proposed model act?

The Model Leasing Act, if adopted in the proposed form, may

encourage the diversion of agriculture land from crop cultivation to
commercial use because it allows leasing of agricultural land for
activities like plantation crops, animal husbandry and dairy etc., in
addition to crop cultivation. Once agricultural land is transferred to
allied activities, it will not only reduce the total land stock available for
crop cultivation with an adverse impact on production of field crops but

will also change the land-use pattern, if not permanently, at least for a
very long period.
There is also no clarity on the definition of lessee cultivator. The
Model Leasing Act defines a lessee cultivator as a person who leases
in agricultural land. It is not clear whether corporates and absentee
landlords
willing
to
manage
cultivation
through
their
employees/representatives can be allowed to lease-in agricultural land
or the leasing should be restricted to farmers/group of cultivators
including landless cultivators.
Whether contract farming, particularly by corporates, should also
fall under the purview of the proposed Model Leasing Act. There should
not be any problem in leasing of agricultural lands by corporates if land
use is restricted to cultivation of agricultural crops only since the
leasing-in by corporates may lead to increased flow of investment to
the agriculture sector. However, such contracts would affect the food
security in the country, if choice of crops is solely motivated by profit.
Also worrisome is allowing lease contracts between the parties for
an indefinite period and that the government shall not fix a minimum
or maximum lease period. It would also increase the risk of any
influence/pressure on the lessor to lease out the land for a very long
period and it might become very difficult for the survivors in the family
to resume operating the land from an influential lessee. Thus, if the
government does not fix maximum lease period, it will increase the risk
of losing the contracted land permanently from food crops.
The Model Leasing Act, though provides for lessors to resume the
land if any damage to the soil health is done by the lessee, it does not
clearly define what constitutes damage to soil health. It is felt that
interpreting the damage to soil health would vary from person to
person and it may give rise to disputes between the lessors and
lessees.
The Model Leasing Act also allows lessees to build structures or any
fixtures on the land with permission from the lessor. These ambiguous
provisions are not any better than the existing system in terms of its
provisions to improve security of the tenant. Therefore, in all likelihood
it would reduce the incentive for tenants to step up investment and
improve land productivity.
The Model Leasing Acts proposed schemata of addressing the issue
of change of land ownership, is inimical to the interests of both
landlords and tenants. Once the ownership of land is changed on
account of sale or gift, lease contract may be terminated unless the
new landlord and lessee agree to continue the contract for the rest of
the agreed period.
The act is also silent on whether a land already under lease
agreement can be mortgaged or not, keeping in view that the lessee
might be interested in availing crop loans or term loans in case of allied
activities.
While dealing with termination of lease, the Model Leasing Act has
blatantly ignored why lessor should not terminate lease contract if the

lessee keeps or intends to keep the contracted land fallow in a normal

case due to his loss of interest in cultivation. Keeping a cultivable land
fallow defeats the very purpose of enacting the Land Leasing Act which
aims at ensuring productive and optimal use of scarce resources.

Why is it being opposed by farmer activists?

Farmer activists across India have strongly advocated not allowing

the usage of agriculture land for industrial purposes.

They say agricultural land should not be given to corporate houses

in their name. There should be a viable ceiling on land to be given on
lease and it should be given only to landless, agriculture labourers or
unemployed youths at the household level.

The ceiling on land should be such that it can provide a good living
for a household. Otherwise, there is a danger of this land being
transferred to corporate houses, which can prove disastrous for the
food security of this country.

Also, activists say grazing lands for animals should not be allowed at
any cost to be given on lease in the name of fallow land. Grazing land
is very crucial for a village and it should be reserved for livestock only.

Conclusion:
Overall, the Model Leasing Act aims to benefit both lessors who prefer to
enter into a lease agreement without the fear of losing ownership rights,
and lessees who require protection from premature termination of lease
contracts. No doubt, legalising the tenancy will result in better
productivity of crops grown on the contracted land by replacing an
unwilling cultivator with a willing cultivator, provided the contracted land
remains to be used for cultivation of field crops only. However, the Model
Leasing Act appears to be lopsided and seems to be giving an edge to
lessees over the landlords. Also, allowing the contracted land to be used
for activities other than crop production that too for an indefinite period
will certainly threaten the food security of the country in the long run.
These issues should be taken up for further consideration by the NITI
Aayog so that a balanced and more acceptable model would come into
force.
ANTI-HIJACKING BILL 2016
Parliament has passed the Anti-Hijacking Bill, 2016 to widen ambit of law
dealing with this anti-hijacking crime.
Key provisions of the Bill

The Bill defines hijacking as seizing control of an aircraft in service,

unlawfully and intentionally, by coercion, technological means or by
exercising force or any other form of intimidation.

It covers several acts within the definition of hijacking. It includes

o
attempt and abetment of hijacking
o
organizing or directing others to commit hijacking and

making a credible threat to commit hijacking.

The Bill provides for the death penalty for hijackers even if ground
airport personnel and handling staff are killed during such acts.
Under it, hijacking and the related offences shall be extraditable. It
means that for such offences, one country many transfer the accused
to another countrys legal jurisdiction.
The Bill will not allow refusing the request for extradition on the
ground that hijacking is a political offence or is connected to a political
offence.
o

The current law, The Anti-Hijacking Act, 1982 which was last amended in
1994, will be repealed after passage of this new Bill.
Why this bill was passed?
The Bill has been framed in line with the International convention
including Beijing Protocol, 2010. It was introduced for more vigilant for the
safety and security of passengers in case of hijacking. It will help to
overcome drawbacks of the existing crisis management system in dealing
with cases of hijacking.
ASSISTED REPRODUCTIVE TECHNOLOGY
The Bill will ensure effective regulation of surrogacy, prohibit commercial
surrogacy and allow ethical surrogacy to the needy infertile couples.
Salient Features of Bill

Regulate practices in ethical surrogacy in the country and prohibits

commercial surrogacy including sale and purchase of human embryo
and gametes.

Calls for establishment National Surrogacy Board (NSB) at the

central level and State Surrogacy Boards (SSB) and Appropriate
Authorities in States/Union Territories.

Allows ethical surrogacy for all infertile Indian married couple in the
country.

Protects rights of surrogate mother and children born out of

surrogacy.

The law will apply to whole of India, except the state of Jammu and
Kashmir.

All Assisted Reproductive Technology (ART) clinics will be registered.

The bill states that the surrogate child will have equal rights like any
other biological or adopted child over property.

The surrogate mother, who should be married and have borne a

healthy child, needs to be a close relative of the couple. She should be
within the age of 23 to 50 years and her husband should be between
the age of 26 to 55 years.

A woman will be allowed to become a surrogate mother only for

altruistic purpose and under no circumstances money shall be paid to

her, except for medical expenses. Also, only close relatives can turn
candidates for surrogacy, according to the proposal.
Also, couples having a child already (biological or adopted) cant
approach a surrogate mother.
Further, the bill has also a provision for jail term upto 10 years, and
a fine of Rs 10 lakhs for violations, such as abandoning the child and
opting for commercial surrogacy.

Major benefits

Regulates the surrogacy services in the country.

Ban unethical commercial surrogacy and also sale and purchase of

human embryo and gametes.

Allows ethical surrogacy to needy infertile couples on fulfilment of

certain conditions.

Control unethical practices in surrogacy, prevent commercialization

of surrogacy.

Prohibit potential exploitation of surrogate mothers and children

born through surrogacy.
Background

India has emerged as a surrogacy hub for couples from different

countries. However there have been reported incidents concerning
unethical practices of surrogacy across country.

Incidents such as exploitation of surrogate mothers, abandonment

of children born out of surrogacy and rackets of intermediaries
importing human gametes and embryos were also reported.

The 228th report of the Law Commission of India (LCI) also had
recommended for banning commercial surrogacy by enacting a
suitable legislation. However, it had allowed ethical altruistic surrogacy
to the needy Indian citizens.
Facts:

Surrogacy in India is estimated to be a $2.3 billion industry but

surrogate mothers are paid less than a tenth of what they get in US.
Why increase in India?

Cutting edge technology

Trained staff

Availability of rented wombs

Competitive pricing

India hub of medical tourism

Poverty, illiteracy and the lack of power that women have over their
own bodies
Who will be barred as per the new bill?

Couples already having one child.

Foreigners.
Overseas Citizens of India (OCI) card holders.
Live-in-Partners.
Single people.
Homosexuals.
Widows.

Needed:

Transparency

Ethical guidelines

Regulated environment

Enhanced clinical practice

Government's stand:

Will not allow commercial surrogacy that involves exchange of

money for anything apart from paying for medical expenses for the
mother and the child --> Thus only altruistic surrogacy

Prohibit and penalize commercial surrogacy services so as to protect

the dignity of womanhood and to prevent trafficking in human beings
and sale of surrogate child

Only needy infertile Indian couples would be able to opt for

surrogacy of altruistic kind

Exclusion of LGBT, Single men or women, couples in live-in relation,

as well as married couple who are proven to be fertile

Governments stand is based on the ethical standard that a child

should not be a product of transaction and that motherhood should not
be commodified

Insistence on surrogacy and not adoption is seen from the genderrights perspective, as propagating the patriarchal bloodline
Why commercial surrogacy should not be allowed?
It allows anyone with the money to decide to have a child, order one and
have it delivered. In the absence of regularisation, he or she could even
disown the product once it was ready
How such ban proved disastrous in Thailand?
Thailand, a popular destination for fertility tourism, suddenly clamped a
ban on commercial surrogacy earlier this year, after a couple of disasters
exposed the dark side of this industry. However, the result was chaos. A
number of surrogates in various stages of pregnancy were left in limbo.
Intending parents did not know how to collect their babies. Consequently,
the surrogacy industry got pushed underground.

Surrogacy in India has flourished into a 'Commercial Industry and

lead to 'reproductive tourism. Analyse both the positive and
negative impacts this had on India. To what extent, the ART bill
seeks to address the above concerns. (200 Words)
Assisted reproductive technology (ART) where embryo is implanted and
grown in rented womb of surrogate mother is surrogacy
Reasons for commercialization of surrogacy in India:
1.
Lack of regulating frame work
2.
Cheap but confident medical techniques and services
3.
Availability of poor women who are willing to rent their wombs.
Above factors in turn led to "reproductive tourism" into India which has
been a mixed bag of results for India.
Positive effects
1.
Tourism- forex to the government
2.
Surrogate mothers will be benefited as they get some kind of
livelihood.
3.
Problem couples can get children at lower costs.
Problem areas1.
Middle men emerged claiming lot of commissions. Hence the poor
surrogate women are getting low returns. Their rights are being
violated. They are not allowed to meet their husbands throughout the
gestational period.
2.
Sex selective illegal techniques.
3.
Lack of regulation led to questions over citizenship of child.
New ART is legalizing surrogacy. It is mandating medical visa and marriage
stipulation to parents and also an acknowledgement from concerned
national government that allows the couple to undergo this process in
India. It also mandates a notary contract between surrogate mother and
biological parents but problems with regards to right to abortion in case of
emergency and issue of middle men are not dealt effectively.
Government has recently banned foreigners from having children
through surrogate mothers in India. The government expressed
its reluctance to allow commercial surrogacy, while supporting
altruistic surrogacy for married infertile Indian couples. Examine
theeffects of this ban on the people involved in commercial
surrogacy. (200 Words)
Under Assisted reproductive Technology legislation the union government
tried to switch surrogacy from a commercial practice to an altruistic help
to who are genuinely looking for it. Following would be the impacts
POSITIVE IMPACTS

1.

It will protect and promote the dignity of motherhood which has a

very sacrosanct status in Indian ethos and culture.
2.
End the plight of the mother who has forcefully go far repeated
pregnancies and surgeries.
3.
The fate of child disowned by client parents in case of some
discrepancies.
4.
The exploiting middleman who are earning major chunk of money.
5.
To optimize the population which already is very high.
NEGATIVE IMPACTS
1.
Loss of revenue of government via medical tourism.
2.
The source of income from a large section of illiterate women who
could provide a better future to their children.
3.
The practice of illegal/secret surrogacy will increase the cost and
make the women more vulnerable to exploitation by the police and
other government agencies that in turn will increase the corruption and
litigation.
4.
To get pregnant or not should be the discretion of a mother and it
should not be intervened by government in a democracy. It may project
a conservative and anti- liberal image of India.
So nothing wrong in banning the surrogacy while providing a window for
needy ones, on ethical ground but the alternative skills and means of
livelihood should we arranged sincerely .
BANKRUPTCY BILL
Background:
Government had identified Bankruptcy Law Reform as a key priority for
improving the ease of doing business and had announced that a
comprehensive Bankruptcy Code, meeting global standards and providing
necessary judicial capacity, will be brought in fiscal 2015-16.
Accordingly, the Government had constituted the Bankruptcy Law Reform
Committee to look into various Bankruptcy related issues and give its
report along with a draft Bill on the subject to the Government.
Facts:

The World Banks doing business report 2016 pointed out that it
takes more than 4 years to resolve insolvency cases in India, as against
1.5 years in OECD countries.

In summary, it is very difficult to solve insolvency and similarly

difficult to exit from a business.

This is one of the reasons that India is placed at 130 out of 189
countries in the ease of doing business.

Bankruptcy and Insolvency falls in List III i.e. concurrent list.

What is the Bill about?

The proposed Bill aims for a complete renovation of the current insolvency
and bankruptcy system in India, which will help streamline the procedure
of revival of companies facing financial distress.

It aims to improve the ease of doing business and attract more

investment in the country.

The Code will help Indian firms to exit an ailing business while banks
stand to gain as they can recover their dues in time.

The Bill proposes adherence to strict deadlines to decide whether to

liquidate a sick company or not, wherein the decision to liquidate a
company will have to be reached within 180 days.

The Bill proposes the setting up of anInsolvency and Bankruptcy

Board of Indiato regulate insolvency professionals and agencies. It also
proposes the setting up of a fund dubbed the Insolvency and
Bankruptcy Fund of India.
Significance:
As of now, there is no single law that deals with insolvency and
bankruptcy in India. A number of provisions spread across various statutes
have rendered the insolvency and bankruptcy-related process a legal
quagmire significantly hindering the ease of doing business in the country.
The new Bill seeks to consolidate all of this into a single Code.
Insolvency and Bankruptcy Code, 2015 passed:
The code seeks to ensure time-bound settlement of insolvency, faster
turnaround of businesses and create a unified data base of serial
defaulters. Highlights of the Code:

The Code creates time-bound processes for resolution of the

insolvency of companies and individuals.

These processes will be completed within time-bound 180 days. If

insolvency is resolved in stipulated time, the assets of the borrowers
may be sold to repay creditors.

The resolution of the insolvency of processes will be conducted by

licensed insolvency professionals (IPs). These IPs will be members
of insolvency professional agencies (IPAs).

IPAs under insolvency resolution will also furnish performance bonds

equal to the assets of a company.

The Code facilitates establishment of Information utilities (IUs) to

collect, collate and disseminate financial information to facilitate
insolvency resolution.

The insolvency resolution for companies will be adjudicated by

the National Company Law Tribunal (NCLT). The Debt Recovery
Tribunal (DRT) will adjudicate insolvency resolution for individuals.

The Code also gives statutory backing establishment of the

Insolvency and Bankruptcy Board of India to regulate functioning of IPs,
IPAs and IUs.
What are the challenges now?

Time-bound insolvency resolution will require establishment of

several new entities. Also, given the pendency and disposal rate of
DRTs, their current capacity may be inadequate to take up the
additional role.
IPAs, regulated by the Board, will be created for regulating the
functioning of IPs. This approach of having regulated entities further
regulate professionals may be contrary to the current practice of
regulating licensed professionals. Further, requiring a high value of
performance bond may deter the formation of IPAs.
The Code provides an order of priority to distribute assets during
liquidation. It is unclear why: (i) secured creditors will receive their
entire outstanding amount, rather than up to their collateral value, (ii)
unsecured creditors have priority over trade creditors, and (iii)
government dues will be repaid after unsecured creditors.
The Code provides for the creation of multiple IUs. However, it does
not specify that full information about a company will be accessible
through a single query from any IU. This may lead to financial
information being scattered across these IUs.
The Code creates an Insolvency and Bankruptcy Fund. However, it
does not specify the manner in which the Fund will be used.

Crux:
Enacting the IBC will be a great step forward for Indian economic reforms.
But the gains for the economy will come only after an exercise in complex
project management covering eight areas:
1.
Creation of the regulator
2.
Creation of an adequate National Company Law Tribunal
3.
Creation of an adequate Debt Recovery Tribunal
4.
Creation of Information Utilities
5.
Creation of Insolvency Professionals
6.
Drafting a transition process for existing cases
7.
Ensuring interoperability with existing laws
8.
Modifying financial sector regulations
Failure on any of these could mean failure to achieve the objective of the
Codea sound bankruptcy process.

Related notes:

T K Vishwanathan Committee

http://www.gktoday.in/blog/insolvency-and-bankruptcy-code-2015/
Basics:
What is Insolvency?
The term insolvency is used for both individuals and organizations. For
individuals, it is known as bankruptcy and for corporate it is called
corporate insolvency. Both refer to a situation when an individual or

company are not able to pay the debt in present or near future and the
value of assets held by them are less than liability.
What is the difference between insolvency & bankruptcy ?
Insolvency is a situation when the debtor cannot meet its financial
obligations i.e when he cannot pay back the money to lender on time.
Warning signs could be decrease in sales, high dependence on credit,
delay in payments etc. Bankruptcy is a legal declaration of insolvency. In
this, the debtor files an application with the court to declare himself
insolvent or the creditor files an application against the insolvent.
Therefore it is a last stage of insolvency. We note here that while
insolvency is a financial situation and bankruptcy is a legal condition.
Insolvency may or may not lead to bankruptcy.
BENAMI TRANSACTIONS PROHIBITION
Amendment seeks to strengthen Benami Transaction (Prohibition) Act,
1988 by:
1.
Amend the definition of Benami transactions to widen the scope for
legal action
2.
Specify penalties for entering into Benami transactions and
3.
Establish adjudicating authorities and Appellate Tribunal to deal with
Benami transactions
4.
The Bill provides immunity under the Benami Act to those who
declare their benami properties under income declaration scheme
5.
Under the bill, the term property will cover movable, immovable,
tangible and intangible properties. In case of joint ownership of
property, the tax payer will have to show financing sources
Why these amendments are needed?
1.
To effectively prohibit Benami transactions and consequently
prevent circumvention of law through unfair practices
2.
To empowers the Union Government to confiscate Benami property
by following due procedure
3.
The Benami Transactions (Prohibition) Amendment Bill is aimed at
curbing domestic black money.
What is Benami Transaction (Prohibition) Act, 1988 about?

The Act prohibits benami transactions and provides legal provisions

for confiscating benami properties.

It defines a benami transaction as a transaction where a property is

held by or transferred to a person, but has been provided for or paid by
another person.
What is benami property?
The benami (without a name) property refers to property purchased by a
person in the name of some other person. The person on whose name the
property has been purchased is called the benamdar and the property so

purchased is called the benami property. The person who finances the
deal is the real owner.
CENTRAL PORT AUTHORITIES BILL, 2016

It will replace more than the five-decade-old Major Port Trust Act
1963
It will enable port authorities to function like a corporate entity
It is in draft mode

Key proposals in draft:

Reduce the extent of litigation between Public Private Partnership

operators and Ports.

Set up an independent Review Board to carry out the residual

function of the erstwhile Tariff Authority for Major Ports (TAMP) for
major ports and to look into disputes between ports and PPP
concessionaries.

The board will also review stressed PPP projects and suggest
measures to review stressed PPP projects. At present, there is no
independent body to look into these aspects.

The draft bill has also proposed a simplified structure for the board
by bringing it down to nine members. The board will include three to
four independent members instead of the 17-19 under the Port Trust
model.

Provisions have been made for inclusion of three functional heads of

major ports as members in the board apart from a Government
nominee member and a labour nominee member.

The disqualification of the appointment of the Board members, their

duties and provision of the meetings of the Board through video
conferencing etc., have been introduced on the lines of Companies Act,
2013, as has been the concept of internal audit.

The Board of Port Authority has been empowered to raise loans and
issue security for capital expenditure and working capital
requirements.

The need for Government approval for raising loans, appointment of

consultants, execution of contracts and creation of service posts has
been dispensed with.

A distinction has been made between the usage of land for port and
non-port related activities in terms of approval of leases. The Port
Authorities are empowered to lease land for port-related use for up to
40 years and for non-port related use up to 20 years, beyond which the
approval of the Central Government is required.
Critical Appraisal:
1.
Government control prevails instead of a market driven
policy

o
o

o
2.
o
o

Rates at each of the major ports will be decided by the board

of the respective port authorities or a committee formed by the
board based on some tariff policy/guidelines.
The central government, will have the right to frame rules for,
or to issue directions to, every port authority either individually or
collectively in matters related to (among others) fixation and
implementation of rates.
The rates set by a board-appointed panel will have to be
ratified by the board prior to implementation.
Unfair Competition
Another loophole or drawback in the bill is that the port
authorities will also be tasked with setting rates for private
facilities.
This will lead to unfair competition and a lack of a levelplaying field because these ports also run cargo terminals that
compete with private facilities therein.

CHILD LABOUR PROHIBITION AND REGULATION AMENDMENT BILL,2016

Aims to widen the scope of the law against child labour and provide for
stricter punishments for violations of norms.
Major Provisions:

Prohibition of employment of children below 14 years in all

occupations or processes except where child helps his family.

Addition of a new category of persons called adolescent. They are

person between 14 and 18 years of age.

Prohibition of employment of adolescents in hazardous occupations

as specified (mines, hazardous processes and inflammable substance).

Empowers Union Government to add or omit any hazardous

occupation from the list included in the Bill.

It makes child labour a cognisable offense

Punishment for employing any child increased i.e. imprisonment

between 6 months and two years (from earlier 3 months-one year) or a
fine of 20,000 to 50,000 Rupees (from earlier 10,000 to 20,000 Rupees)
or both.

Proposes penalty for employing an adolescent in a hazardous

occupation i.e. imprisonment between 6 months and 2 years or a fine
of 20,000 to 50,000 Rupees or both

Empowers the government to make periodic inspection of places at

which employment of children and adolescents are prohibited.

Government may confer powers on a District Magistrate (DM) to

ensure that the provisions of the law are properly carried out and
implemented.

It has provision for creating a rehabilitation fund.

Criticisms of bill

Ban on hazardous adolescent work is accompanied by changes in

the schedule of hazardous work in the statute, bringing these down
from 83 prohibited activities to only three.
Amended law prohibits only that child work which is considered
hazardous for adult workers, without recognising the specific
vulnerabilities of children.
Law permits under 14 years to now work in non-hazardous family
enterprises after school hours and during vacations.
The family is defined to include not just the childs parents and
siblings, but also siblings of the childs parents. And a family enterprise
includes any work, profession or business in which any family member
works along with other persons.
Considering that around 80 per cent of child labour is in work with
family members, these changes might harm child in a serious way.

CITIZENSHIP AMENDMENT BILL 2016

Provisions of Bills:

The Bill amends the Citizenship Act, 1955 to make illegal migrants
who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan, eligible for citizenship.

Under the Act, one of the requirements for citizenship by

naturalisation is that the applicant must have resided in India during
the last 12 months, and for 11 of the previous 14 years. The Bill relaxes
this 11 year requirement to six years for persons belonging to the same
six religions and three countries.

The Bill provides that the registration of Overseas Citizen of India

(OCI) cardholders may be cancelled if they violate any law.
Why is it being opposed?

The proposed amendment to the Citizenship Act, 1955, seeks to

grant citizenship to non-Muslim minorities from Muslim majority
countries, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians
from Afghanistan, Bangladesh and Pakistan.

According to activists, this would mean, for instance, that the

sizeable population of Hindu migrants from Bangladesh living in Assam
would become citizens while Muslims who migrated to Assam from East
Bengal a century ago would continue to be harassed as illegal
migrants from Bangladesh. Some term this move as communally
motivated humanitarianism."

The new Bill also violates Article 14 of the constitution, say activists.
Since Article 14 of the Constitution guarantees equality to all persons,
citizens and foreigners, differentiating between people on the grounds
of religion would be in violation of the constitution.

According to the Assam Accord of 1985, illegal migrants who had

entered Assam from Bangladesh after March 25, 1971, were to be
detected and deported. But, the new Bill contradicts the terms of the
Accord

Who is an illegal migrant?

The 1955 Act defines an illegal migrant as a foreigner who enters India
without a valid passport or travel documents or stays beyond the
permitted time.

How does the law treat them?

Illegal migrants may be imprisoned or deported. They and their children
are ineligible for Indian citizenship under the Citizenship Act of 1955.
Legal fallacies of the proposed law:

The proposed law violates Indias long-standing refugee policy.

Although India does not have a codified refugee policy, the basic
tenants of the scheme were listed by Jawaharlal Nehru during the
Tibetan refugee crisis. One of the primary conditions given then was
that refugees would have to return to their homeland once normalcy
prevailed. The proposed law not only provides citizenship rights to such
refugees, but greatly relaxes the procedure to avail of them.

From reducing the registration fees to Rs 100 from Rs 3000 to

delegating the authority from the Union government to district
magistrate for speedy processing of applications, the proposed law
serves citizenship to illegal immigrants on a platter.

The Bill provides wide discretion to the government to cancel OCI

registrations for both major offences like murder, as well as minor
offences like parking in a no-parking zone or jumping a red light
Possible implications of this law:
Notwithstanding the tampering of domestic law with religious markers, the
proposed Bill, if passed, will put our international relations in jeopardy. The
Bill will stamp these countries as institutions of religious oppression and
worsen bilateral ties in an already skewed regional socio-political
atmosphere. The new law will also act as a push to the movement of
Indias citizenship policy on jus soli to the racially manifested jus sanguine
principle, something which was actively avoided by our constitution
makers
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION BILL 2016
In June, 2016, the Ministry of Women and Child Development (MWCD)
uploaded on its website a proposal to enact a draft of the Civil Aspects of
International Child Abduction Bill, 2016. This was considered as it was
imperative to have an enabling legislation in India before accession to the
Hague Convention
Bill:

The proposed Bill considered the removal to or the retention of a

child in India to be wrongful if it is in breach of rights of custody
attributed to a person, an institution, or any other body, either jointly

or alone, at a place where the child was habitually resident

immediately before the removal or retention.
It further stipulated that the removal to or the retention in India of a
child is to be considered wrongful where at the time of removal or
retention those rights were actually exercised, either jointly or alone,
by a person, an institution or any other body, or would have been so
exercised, but for the removal or retention.
The draft Bill was prepared following a reference made by the
Punjab and Haryana High Court to the Law Commission of India to
consider whether recommendations should be made for enacting a
suitable law and for signing the Hague Convention

Why in news?
21st Law Commission has recommended some changes in the draft:

One-year jail term for wrongful retention or removal of a child from

the custody of a parent. The offenders may include one of the parents
or family, relatives and others.

Three months punishment for wilful misrepresentation or

concealment of fact as regards the location or information about the
child or for voluntarily preventing the safe return of the child
CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT,2016
Recent Facts: (05/02/2016)

India ratifies Convention on Supplementary Compensation for

Nuclear Damage (CSC). The CSC is a convention that allows for
increasing the compensation amount in the event of a nuclear incident
through public funds pooled in by contracting parties based on their
own installed nuclear capacities. It entered into force on April 15,
2015.

The move has been among steps that the U.S. government and
private nuclear suppliers GE and Westinghouse have been demanding
before they conclude any talks on setting up nuclear reactors in India
after they raised concerns over two sections of the Indian law.
What is CSC?
Convention on Supplementary Compensation (CSC) pertains to civil
liability in the event of a nuclear accident in any of the acceding
countries.
What are the concerns?
is CLNDA truly in conformity with the CSC, as Indian officials have
repeatedly claimed, or does it cast a shadow of doubt on supplier liability,
which is a matter of critical importance to U.S. nuclear corporations? The
ambiguity stems from two clauses of CLNDA, Sections 17(b) and 46. Under
Section 17(b), liability for a nuclear accident can be channelled from the
operator, which is the Nuclear Power Corporation of India, to suppliers of
nuclear material, specifically if the accident is due to an act of the supplier
or his employee, which includes supply of equipment or material with

patent or latent defects or sub-standard services. Section 46 permits

victims of a nuclear incident to sue the operator or the supplier for
damages applying tort law, even though such proceedings would be
beyond the scope of CLNDA and its liability cap, and thus exposing
suppliers to unlimited liability. Both clauses are likely to raise suppliers
cost of insurance cover, possibly beyond what is feasible commercially
and within the confines of competitive energy pricing.
How does some of the provisions of the Civil Liability for Nuclear
Damage (CLND) Act of 2010 affect average Indian? Critically
examine.
(200 Words)
The Civil Liability for Nuclear Damage (CLND) act was passed in 2010 with
its focus on setting liabilities on suppliers in case of a nuclear accident.
However it has acted as a bone of contention in moving ahead the IndiaUS
civil
nuclear
agreement
deal
signed
in
2008.
The

CNLD

law

affects

average

Indian

in

following

ways:

1.

The CNLD law capped all the liabilities to 300 million Special
Drawing Rights or Rs 2610 crore. The government will create an
'Nuclear Insurance pool' of Rs 1500 crores of which it will contribute Rs
750 crore. In case of Nuclear damage government will be liable to
additional Rs 1110 crores (1500+1110=2610). Hence in doing all
these, the government will end up spending the Indian taxpayers
money
which
should
be
the
suppliers
liability.

2.

The suppliers will be paying nominal premium to the 'Nuclear

Insurance Pool', hence this cost will be added in the total cost of
building a nuclear plant and thus will finally have to bear by Indian
consumers.

3.

The capped amount of Rs 2610 will not be sufficient in case of a

Nuclear accident as we have seen in the Fukushima nuclear disaster.
The
potential
victims
will
suffer
due
to
this.

4.

The section 17 of CNLD acts specifies that the right to recourse of

an operator is not mandatory but merely an enabling clause. This it will
prohibit operators to sue suppliers. Thus overall it will make victims
more
vulnerable
to
potential
accidents.

5.

Section 46 prevents the Indian victims from moving to a foreign

court. It also prohibits from claiming compensation under other laws.

The CNLD act was primarily designed to protect the victims of any
unfortunate nuclear accident but ended up virtually putting the burden on
average Indian as a taxpayer, energy consumer, and potential victim of
any nuclear accident.

Highlight the important features of the Nuclear Liability Act while

throwing light on grounds on which it was criticized both
domestically and by foreign suppliers. Add a note on the recent
breakthrough in this regard. (200 Words)
India's energy is heavily skewed in favor of conventional fossil fuels. To
diversify our energy sources, India made crucial deals with USA, France
and Russia with regard to supply of nuclear reactor and materials. In 2010,
India enacted Civil Liability for Nuclear Damage Act (CLND) to provide
compensation to victims in case of nuclear accident through no-fault
liability
to
operator.
USA suppliers GE and Westinghouse have made objections to financial
liability stipulated in sections 17(b) and 46 of CLND Act saying that these
clauses are violating the norms of International Convention on
Supplementary Compensation (CSC) for nuclear damage.
Section 17(b) gives operator (NPCIL) right to claim compensation directly
from supplier in case of supplying sub-standard device and faulty nuclear
material with no fault from operator.
Section 46 makes supplier liable for damages under other Indian laws
such
as
Tort
law.
With no cap on liability in terms of time and quantum, suppliers are not
able to get insurance as premium are high and very subjective to assess.
Domestic suppliers are not able to take gigantic risk given the damages
claim, Vendors don't want to be harassed by other Indian tort laws which
can
impose
several
criminal
charges
as
well.
To clear the logjam, Washington and New Delhi agreed on civil nuclear
deal braving all challenges. India agreed to provide insurance pool that
will indemnify American suppliers in case of nuclear damage. This deal will
deepen the ties between strategically allied countries and give India much
needed energy to drive its economy.
COTPA
COTPA,

2003

There are approximately 275 million smokers in India as of 2013, which

according to WHO constitute around 12% of world smokers on 2009.
Tobacco use accounts for nearly half of cancer case in Indian males and
quarter of cancer cases in females. So the move by Ministry of Health and
Family can be considered a right move in a country where this public
health
hazard
is
on
the
rise.

Major

Amendments

proposed

Prohibition on indirect advertisements: The pseudo advertisements

which most of the alcohol and cigarette companies do where they
promote the brand name of their cigarette by non-tobacco product. This
move will have a lasting and immediate effect on tobacco consumption.
This move also falls in the Ambit of WHO Framework Convention on
Tobacco Control (FCTC) which prohibits such brand sharing through
advertisements. This move can be effectively enforced by the
government.
Banning of display of tobacco products at point of sale: In shops
and restaurant (point of sale) the tobacco products are displayed to
promote their consumption. This tactic fuels the impulse of buying on
consumers and is a "key mean" to promote consumption as direct
advertisement is banned. This move can further reduce the consumption
but implementing it would be a challenge as most of the point of sales are
small shops, this is also the reason why sales to below 21 years of age
can't be controlled and why sales of loose bidis and cigarettes can't be
stopped. This move is also in line of recommendations of FCTC.
If the amendment is passed, the government need to come up with an
effective strategy to implement them to make sure that these
amendments don't go on the same path where ban on sale to below 21
years of age and ban on loose bidis and cigarettes went.
Other Amendments
Ministry has proposed scrapping designated smoking areas from hotels,
restaurants and airports; making an exception only for international
airports.
The penalty for smoking in restricted areas has been upped from Rs. 200
to
Rs.
1000.
Anyone found producing tobacco products without the specified warning
will be liable for imprisonment for up to two years for the first offence or
fine up to Rs. 50,000 or both. For the second and subsequent offences the
imprisonment can be up to five years with a fine of up to Rs. 1 lakh.
Selling products without warning will incur a fine of up to Rs. 10,000 or a
jail term of up to one year or both; subsequent offence will draw a fine of
up to Rs. 25,000 and a jail term of two years.
The draft Bill also proposes a ban on spitting of tobacco products, pointing
it out as the biggest cause of spread of TB, avian flu and H1N1.
The draft Bill that seeks to amend the provisions of the Cigarettes
and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and

Distribution) Act, 2003 is a right step towards reducing the

consumption of tobacco products in India. Examine. (200 Words)
Cigarette Packaging issue:

Government and SC wants bigger size of pictorial warning on

cigarette packets. Industry is strongly opposing it.

In Australia, number of smokers have reduced after packages has

gone logo less
Should the government buckle under pressure because Tobacco
farmers get affected:
No:

Smoking kills more than 1 million people a year in India.

The World Health Organisation says tobacco-related diseases cost

the country $16 billion (nearly Rs 1.06 lakh crore) annually.

Recently, theIndian Medical Association too had urgedthe Health

Ministry to implement the bigger pictorial warnings stating that
with275 million adult users, India is the second largest consumer of
tobacco products, globally.
o
Tobacco causes a gamut of serious diseases including cancer,
cardiovascular diseases, chronic pulmonary diseases and stroke
Yes:

Packaging rules drastic and impractical. Law will increase smuggling

ofillegal cigarettes.

More than 8 million workers and their families are affected, and
farmers groups are among those taking out large advertisements in
newspapers criticising the legislation.

The subject of tobacco needs to be handled with great care and

interests of themost vulnerable stakeholders in the delivery chainneed
to be safeguarded.
o
Unfortunately,recent policy focus has been one sidedblindly
aping the recommendations of the Western influence and in
complete disregard for the local reality in India

So far thefarming community has not been able to find any

alternative,as tobacco is grown in semi-arid and non-irrigated lands.
The government has so far not provided practical alternatives before
rushing into any major policy changes.
CONSUMER PROTECTION ACT
27/04/2016
Consumer Protection Bill 2015:
Consumer Protection Bill 2015 seeks to replace the old consumer
protection law and proposes to set up a regulatory authority which will
have powers to recall products and initiate class class suit against
defaulting companies, including e-tailers.

Key Features:

Establishment of an executive agency Central Consumer Protection

Authority (CCPA) which will protect and enforce the rights of
consumers.

The authority will intervene when necessary to prevent consumer

detriment arising from unfair trade practices and to initiate class action
including enforcing recall, refund and return of products.

The bill has provisions for product liability if product/services

causes personal injury, death or property damage and will take action
against defaulting manufacturers or service providers.

For speedy disposal of court cases, the bill proposes mediation as

an alternative dispute resolution mechanism. The mediation will be
under the aegis of consumer courts.

The bill also has a provision for setting up of a circuit bench to

facilitate quicker disposal of complaints and there is an enabling
provisions for consumers to file complaints electronically and file
complaints in consumer courts that have jurisdiction over the place of
residence of the complainant.
Should celebrities be held responsible for endorsements?
A parliamentary panel has suggested legal teeth to makecelebrities
accountable for misleading advertisements. The panel has suggested
legal teeth to the Advertising Standards Council of India (ASCI) to curb
misleading ads, besides proposing severe penalties, jail and cancellation
of licence of those involved in food adulteration. (Recent example: Dhoni
endorsement of Amrapali group and subsequent social media backlash)
Background:
The CPA, 1986 was enacted considering the large number of consumers in
India who are illiterate and are susceptible to exploitation by unscrupulous
businesses. Hence, a major objective of this Act was to make consumers
aware of the various quality-control measures (e.g. Hallmark, BIS-mark
etc.) being employed for the products and the rights available to them to
seek
Redressal
against
unfair
practices.
Although, the impacts have been largely positive as is visible in the
increased consumer awareness and adherence of businesses to the
quality-control standards, there have been certain issues as well. The
movement has left many rural regions untouched. Also, the slow progress
of addressing the cases has resulted in large-scale pendency.
Provisions for addressing new-age cases such as e-commerce are also
non-existent. The recent amendments proposed to the CPA, 1986 are
largely progressive in the sense that it seeks to decrease the time
required to seek Redressal by including provisions for online filling of
complaints and setting a time limit of 21 days for scrutiny of cases before
admission, effectively leveraging the District Forums by increasing their
pecuniary jurisdiction from Rs.20 to Rs.50 lakh, and increasing the

penalties to
The

10

proposed

times

the

amendments

cost
have

of
the

goods
following

provided.
lacunae

1.

The proposed digitalization cannot be implemented without giving

appropriate equipment's, training and manpower. This has been
neglected and without infrastructural support, such positions are likely
to
exist
for
namesake
only.

2.

The flexibility of clubbing district forums is challengeable as the

existing forums often don't suffice for the huge number of cases that
are brought to it. Often these forums are located in inaccessible
places and
deny
ease
of
justice.

3.

Government has empowered the state government for the selection

process, without realizing that the main problem in non-filling of seats
is lack of remuneration for the job. This process is likely to merely shift
buck and not solve the problem by incentivizing the existing three
tiered
structure
created.

4.

The increasing of age and experience requirements (45 years and

40 years respectively) is likely to cripple the organisation facing
manpower crises. Further, it is unlikely that senior judges would like to
have
this
job
instead
of
the
regular
courts.

5.

The laggard of cases has been built up due to unnecessary

involvement of lawyers and legal restrictions. Instead of solving that,
centre
has proposed
a
monitoring
mechanism. This
may
overcomplicate the chaos by setting mandatory requirements of filing
documents.

6.

The state and national commissions have been given a discretionary

power to select experts on case to case basis. This may lead to
discrimination to those lacking in proper knowledge for utilization of
the said facility and if the provision isn't implemented in a proper
manner, then delaying of justice and corruption

However, certain issues such as the appointment of mediators to settle

disputes are contentious as this would lead to arm-twisting of the weaker
parties and may encourage corruption. Also, the setting up of a Consumer
Authority and absence of provisions to streamline the conducting of cases
in courts may only lead to greater regulations and complexities.
Addressing these issues is necessary to ensure that the new amendments
bring about definitive improvements in the CPA.
To what extent has the Consumer protection act succeeded in
achieving its intended objective? Critically analyze the recently
proposed amendments to strengthen the act. (200 Words)

Proposed amendments to the Consumer Protection Act will

further erode consumers rights instead of addressing existing
lacunae. Critically analyse the amendments to the bill. (200
Words)
COMPETITION ACT 2002
18/04/2016
Evolution of laws regarding unfair trade practices:

To regulate advertising, in 1984, Parliament inserted a chapter on

unfair trade practices in theMonopolies and Restrictive Trade
Practices Act, 1969 (MRTP)

Under the MRTP Act, any person or trader (business entity) could
approach the MRTP Commission against an unfair trade practice

TheConsumer Protection Act (CPA)was enacted two years later

and it intended to give protection to consumers against unfair trade
practices, but the remedy under the CPA has remained dormant

So, following changes worldwide, need was felt for a comprehensive

law against monopolies and anti-competition business activities

On the recommendations of a committee, theCompetition Act,

2002was enacted and it repealed the MRTP Act, 1969. And it excluded
unfair trade practices from the draft bill as it did not want to dilute the
thrust of the law from anti-competition activities
Need of a new separate law:

In case of CPA, only a consumer can approach a consumer forum for

a remedy

A company is not a consumer and thus cannot approach a consumer

forum complaining of unfair trade practices

A business entity must be provided protection against unfair trade

practices and a mechanism to claim remedies

As law has evolved, the subject of unfair trade practices has fallen in
the gap between the competition law and consumer protection

A separate legislation and a statutory body like the Competition

Commission are imperative to foster fair trade practices in the
economy
COMMUNAL VIOLENCE BILL
Salient features of Communal violence bill: (Introduced in 2005, not
passed
yet).
1.

Declaration of communally disturbed areas by states and if states

fail to do it, then center will also have the power (So center's
interference in state areas like law and order and police).
2.
Fixing accountability of civil authorities and provision of punishment
if they fail to analyse, tackle communal violence.

3.

Establish Unified Command (Civil +Armed forces) in highly disturbed

areas. However depute Armed forces only on state's request.
4.
Relief and rehabilitation of victims, create separate fund for their
welfare.
5.
Shunting away trouble making elements from disturbed area. All
such power will be vested in DM. So it will be parallel law along with
IPC, CrPC.
6.
Special
courts
for
speedy
trial.
Prospects- Will be good for clamping and reducing religion related
violence. Further speedy courts will ensure speedy justice.
Criticism
1.
2.

Centre state Relations: Law and order is state subject.

Redundancies: Already IPC, CrPC deals with many of the provision
incorporated in the bill.

Suggestions:
1.
2.

Amend IPC/CrPC instead of new law.

Deal effectively with trouble makers, who propagate hate
propaganda. (Political vision is needed for it).
3.
Pre-assess the tense atmosphere to prevent large scale conflict.
The Communal violence bill makes the local administration
accountable for prevention and control of communal riots.
Critically analyse the bill and also give suggestions to prevent
communal riots in the country. (200 Words)
COMPANIES BILL
16/04/2016
Companies(Amendment) Bill, 2016 is proposed in Companies Act, 2013.

It allows for the independent directors to have transaction with

companies in which they are independent directors upto 10% of their
income

seeks to simplify private placement process,

remove restrictions on layers of subsidiaries and investment

companies,

amend CSR (Corporate Social Responsibility) provisions to bring

greater clarity and

exempt certain class of foreign entities from the compliance regime

under this law
The proposed changes are broadly aimed at addressing difficulties in
implementation owing to stringency of compliance requirements

Who is an independent director?

An Independent director (also sometimes known as an outside director) is
a director (member) of a board of directors who does not have a material
or pecuniary(money related) relationship with company or related
persons, except sitting fees. Independent Directors do not own shares in
the company
How new provision can be misused?

Self dealing merchants will now have legitimacy

The above limit of 10% for transactions in the hands of independent

directors can be altered by executive action through prescribing an
altered limit. Vested interests can achieve a higher limit by influencing
the executive. This would certainly further weaken independence on
corporate boards

Interests of different parties could influence the executives of the

company to alter the limit
Impact:

Poor corporate governance exist in our companies today, this would

add to more corruption

It would further weaken the corporate boards

Way Ahead:
While many of the other proposals in the Companies Bill, 2016 are
correctional in nature and are quite welcome, the amendments proposed
in respect of independent directors are hard to justify. A law which
undermines independence of directors, even if justified for pragmatic
reasons, should not be espoused.
The law has been rightly referred to the Parliamentary Standing
Committee before it is considered by the Parliament
COMPENSATORY AFFORESTATION BILL 2016
The bill provides for establishment of funds under the public accounts of
the Centre and State levels for compensatory afforestation
Provisions of bill:

Establishes National Compensatory Afforestation Fund (NCAF) under

the Public Account of India, and a State Compensatory Afforestation
Fund under the Public Account of each state.

The payments into the funds include compensatory afforestation,

net present value of forest (NPV), and any project specific payments.

The NCAF will get 10% of funds collected and the remaining 90% will
go to respective State Fund.

The collected funds will be utilised for afforestation, regeneration of

forest ecosystem, wild life protection and forest related infrastructure
development.
Establishes National and State Compensatory Afforestation Fund
Management and Planning Authorities to manage the funds.
The determination of NPV will be delegated to an expert committee
constituted by the central government.

What is Net Present Value of forest?

It is the value of diverted forest which is calculated and recovered from
the user agency for diverting forests. It is calculated for 50 years period.
Basically an expert committee calculates the NPV for every patch of the
forest.
Also Read CAMPA
EMPLOYEES COMPENSATION (AMENDMENT) BILL ,2016
The Bill seeks to amend the Employees Compensation Act, 1923. This law
provides for payment of compensation to employees and their dependents
in the case of injury by industrial accidents, including occupational
diseases.
Key provisions:

Duty to inform employee of right to compensation: Mandatory

for employer to inform the employee of his right to compensation
under the parent Act. Such information must be given in writing in
Hindi, English, or the relevant official language at the time of
employing him.

Penalty for failure to inform: If employer fails to inform his

employee of his right to compensation he will be fined penalty between
Rs. 50, 000 to Rs. 1 lakh.

Appeals from the Commissioners order: Any dispute related to

an employees compensation will be heard by a Commissioner (with
powers of a civil court) only if the amount in dispute is ten thousand
rupees. It allows Union Government to further raise this amount. In
parent Act, appeals related to a substantial question of law from the
Commissioners order will lie before the High Court.

Deletion
of
withholding
payments
pending
appeal
provision: Earlier in the parent Act, any payments towards the
employee can be temporarily withheld if an employer has appealed
against a Commissioners order in High Court. This provision has been
deleted.
EUTHANASIA
What is euthanasia?

Euthanasia is a medical term meaning easy death. It is the act of

deliberate or voluntary end of someones life to prevent any further
suffering or pain to the person.
Active and Passive euthanasia:

Active euthanasia involves a doctor injecting a lethal medicine to

trigger a patients cardiac arrest.

In passive euthanasia, doctors, with the consent of relatives,

withdraw the life support system of a person being kept alive with the
help of machines.
Should Euthanasia be legal?
Arguments For Euthanasia:

It provides a way to relieve extreme pain.

It provides a way of relief when a persons quality of life is low.

Frees up medical funds to help other people.

It is another case of freedom of choice.

Arguments Against Euthanasia:

Euthanasia devalues human life.

Euthanasia can become a means of health care cost containment.

Physicians and other medical care people should not be involved in

directly causing death.

There is a slippery slope effect that has occurred where

euthanasia has been first been legalized for only the terminally ill and
later laws are changed to allow it for other people or to be done nonvoluntarily.
Supreme Courts views on this matter:
Previously in 2011, in Aruna Shanbaug case the Court had ruled in favour
of passive euthanasia and the law ministry had opined that the SCs
directions should be followed.

In its landmark 2011 verdict that was notable for its progressive,
humane and sensitive treatment of the complex interplay of individual
dignity and social ethics, the Supreme Court laid down a broad legal
framework.

It ruled out any backing for active euthanasia, or the taking of a

specific step such as injecting the patient with a lethal substance, to
put an end to a patients suffering, as that would be clearly illegal.

It allowed passive euthanasia, or the withdrawal of life support,

subject to safeguards and fair procedure.

It made it mandatory that every instance should get the approval of

a High Court Bench, based on consultation with a panel of medical
experts.
Related Question:
Highlighting the Supreme Court of India's view, critically comment on the
ethical aspects of administering euthanasia to a person or person's

nearest

relative

or

friend

seeking

it.

(200

Words)

Related Notes:

The Medical Treatment of Terminally Ill Patients (Protection

of Patients and Medical Practitioners) Bill

Euthanasia
FACTORIES ACT
18/04/2016
The Factories Act is a legislation that deals with safety, health and welfare
of workers. The present Factories Act is applicable on factories (with
electricity connection) with 20 workers and factories, without electricity,
with 10 workers.
The government had introduced Factories (Amendment) Bill 2014 in Lok
Sabha in August 2014. However, it did not come up for discussion as it
was referred to a standing committee which presented its report in
December 2014.
Objective of amendments:

Ease of doing business

Removing redundant provisions and incorporating new provisions in

line with current conditions of factories and technology.

To do away with the inspector raj.'

What are the amendments proposed?

The proposed law will apply to all factories that employ at least 40
workers

Registration of factories will also be made online and entrepreneurs

will only have to submit a self-certified declaration on the safety, health
and welfare standards of the factory to get approvals for setting up a
factory

Apart from speeding up registration and compliance processes to

help new entrepreneurs and start-ups, the proposed new Factories Act
seeks to do away with the inspector raj.

To increase the level of competency of the inspectors, the labour

ministry has proposed that only those with a minimum B.Tech degree
can become inspectors and they can enter factory premises after
specific written directions of the Chief Inspector.

However, the inspection could take place without prior consent if

there is a complaint from any worker or for carrying out investigation
into a reported accident. This has been proposed to remove the
arbitrariness in inspection.

However, existing inspectors with five years of experience or more,

and a degree or diploma on industrial safety will continue to be eligible
to inspect a factory.

All factories that manufactures or deals with hazardous substance

and processes and dangerous operations will be covered under this Act
even if they employ a single worker. The sectors that manufacture
hazardous processes include coal, gas, iron and steel, petroleum,
cement and leather.
For setting up factories with hazardous activities, the site appraisal
committee a body with representatives from environment,
meteorological, town planning departments will have to convene a
meeting within 15 days of receiving an application.
The committee will have to compulsorily send its recommendations
within the next 30 days to the state government, from 90 days at
present.
The proposed law will apply to all factories that employ at least 40
workers.

Why there are demand for amendments?

Demand for revamping Factories Act, 1948 stems from the following
arguments1.
The legislation explicitly bars women from certain occupations like
working "near or machinery in motion" and hence perpetuates gender
inequality
2.
Act stipulates Sunday as the weekly holiday and thus leads to
situation where all factories work on the same days i.e. Monday to
Saturday. In this situation, there is great demand for power. If authority
is given to factory owner to decide their day of holiday, it can ease
down the demands on certain days
3.
The provision of providing cool drinking water applies to factories
that employ more than 250 workers and hence factories with lesser
workers do not enjoy such benefits
4.
The law uses British systems of units i.e. horsepower instead of
India's metric system that use Kilo Watthours and hence creates
confusion
5.
Currently, the law requires entrepreneurs to inform authorities about
the total rated horsepower installed before they can commence
operations- a not so business friendly practice
6.
Present law requires an employee to work for 240 days before he
becomes eligible for leave with pay and hence the act is not employee
friendly
Why Trade Unions are opposed to them?

According to them, these moves would allow more factories to stay

out of the ambit of the Factories Act as factories with less than 40
workers will be out of purview of this Act
FOREST RIGHTS ACT
Basics about Forest Rights Act (FRA):

The legislation was passed in December 2006

It concerns the rights of forest-dwelling communities to land and

other resources, denied to them over decades as a result of the
continuance of colonial forest laws in India.
The Act grants legal recognition to the rights of traditional forest
dwelling communities, partially correcting the injustice caused by the
forest laws.

Rights under the Act:

Title rights i.e. ownership to land that is being farmed by tribals or

forest dwellers subject to a maximum of 4 hectares; ownership is only
for land that is actually being cultivated by the concerned family,
meaning that no new lands are granted.

Use rights to minor forest produce (also including ownership), to

grazing areas, to pastoralist routes, etc.

Relief and development rights to rehabilitation in case of illegal

eviction or forced displacement; and to basic amenities, subject to
restrictions for forest protection.

Forest management rights to protect forests and wildlife.

Eligibility:
Eligibility to get rights under the Act is confined to those who primarily
reside in forests and who depend on forests and forest land for a
livelihood. Further, either the claimant must be a member of the
Scheduled Tribes scheduled in that area or must have been residing in the
forest for 75 years.

Process of recognition of rights:

The Act provides that the gram sabha, or village assembly, will initially
pass a resolution recommending whose rights to which resources should
be recognised. This resolution is then screened and approved at the level
of the sub-division (or taluka) and subsequently at the district level. The
screening committees consist of three government officials (Forest,
Revenue and Tribal Welfare departments) and three elected members of
the local body at that level. These committees also hear appeals.
It has been studied that Forests Rights Act have not been fully
implemented due to various factors. Critically examine these
factors and suggest what needs to be done. (200 Words)
The Forest Rights Act has tried to undo the historic injustice done to the
forest dweller and tribals. It recognizes the customary right of tribal over
the forest land. But this Progressive legislation is also suffering from
implementation deficit.
The reasons for non-implementation or slow implementation are:
1.
State government, due to lack of political will,
deliberately delayed the notification of rules and regulation.

have

2.

The forest bureaucracy's non-responsive attitude. They have vested

interest in non-implementation and they don't want to lose their hold.
3.
The process of reorganization of rights is intensive involving
documentation by gram sabha, their subsequent approval by higher
authorities.
4.
The absence of documentary proof and lack of reliable data (maps,
ownership records, residence proofs etc.) further complicated the
process of recognition of customary ownership rights.
5.
While Individual rights have been recognized in many places, but
process of granting community ownership rights is very slow. This
defeats the whole purpose of act.
To ensure the effective implementation of FRA, following steps should be
taken:
1.
Central government should set clear targets and their attainment
should be incentivised by fiscal incentives.
2.
The up gradation of technology including digitalized mapping, GIS to
map area ( in decision making process as well as in monitoring) etc.
can speed up the process.
3.
Capacity building of Gram Sabha with necessary technical help
should be provided by Central government or Civil Society
organizations.
4.
Reform in Forest Bureaucracy to make them responsive and
breaking the contractor forest official nexus is required. Use of ICT in
decision making to make process transparent is required.
5.
Granting of community Ownership should be prioritized by notifying
guidelines on same.
Political will combined with responsive and empathetic approach to
implementation can ensure effective implementation of FRA
Gram Sabha mandated by the landmark Forest Rights Act, 2006
(FRA), are crucial in implementing FRA act and in preserving
forests and livelihood of people living there. Discuss their
significance and the challenges they are facing in different parts
of India in their functioning. (200 Words)
Significance of Gram Sabha (GS) mandated by FRA-2006 as crucial
implementing machinery :
1.
Accountability : GS consisting of Adivasis & Forest dwellers makes
conservation of forest more accountable.
2.
Democratic : FRA's rights recognition method reflect the democratic
way where GS is central.
3.
Mutual Trust & Coordination : GS is vital in maintaining the mutual
trust & coordination between local communities & Forest Officers.
4.
Decision Making : GS paves way for local communities to have say
in projects carried out in their region.
5.
Project Sustainability : GS ensures local communities & resources to
participate in project implementation which ensures its sustainability.

6.

Empowerment of Local People : GS helps Local people to be more

aware & informed about various projects. Better informed & more
aware people are more likely to benefit from the projects.

# Challenges that GSs are facing in their functioning :

1.
Bypassing GS : GS are illegally being bypassed by the Joint Forest
Management Commitees (JFMCs) & Forest Department.
2.
Forged Clearance : If not being able to bypass, their role is
eliminated through forged clearances.
3.
GPs instead of GSs : There are instances where Gram Panchayats
(GPs) are deliberately called instead of GS, ignoring the more
democratic process.
4.
Contrary Forest Legislations : Some states have also passed
controversial forest legislation to subvert the FRA's primacy given to
GS. Ex : Madhya Pradesh.
5.
Illegal Central Government Programmes : such as Joint Forest
Management & Afforestation programme where most of the plantation
is being done on local people's land & such programmes violate FRA &
ignore GS's role.
All above problems being faced by GS highlights lack of political will to
implement FRA in true spirits. This can only be corrected if our leadership
recognises FRA & Local People not as roadblock but a facilitator to
sustainable development.
GEOSPATIAL INFORMATION REGULATION

Bill aims to regularize critical information on Maps services that

affect the security, sovereignty and integrity of the country
It will be mandatory to take permission from a government authority
before acquiring, disseminating, publishing or distributing any
geospatial information of India
Bill will ensure that online platforms like Google will have to apply
for a licence to run Google Maps or Google Earth in India
Also, no person shall depict, disseminate, publish or distribute any
wrong or false topographic information of India including international
boundaries through internet platforms or online services or in any
electronic or physical form
Wrong depiction of the map of India could land the violators in jail
with a maximum term of seven years and fine up to Rs. 100 crore

What are positives of this Bill?

There can be no debate that the countrys territorial integrity needs

to be maintained, physically and in the digital world, and therefore, a
stringent law against violators seems imperative.

Geospatial information easily available from services like Google

Earth, Google Maps etc,has been reportedly used by terror groups
against India for ex. Mumbai terror attack

Wrong depiction of the map of India could land the violators in jail
with a maximum term of seven years and fine upto Rs 100 crore.This
measure has been envisaged by the government against the backdrop
of instances where certain social networking sites showed Jammu and
Kashmir and Arunachal Pradesh as part of Pakistan and China
respectively
The proposed law applies not just to primary data providers such as
Google and Apple, but to down-the-line service providers like Cab
aggregators such as Uber and Ola, restaurant aggregators and lastmile delivery services like Swiggy, or even real estate information
service providers like MagicBricks, 99 Acres, etc, all of whom draw
upon geospatial data and images to offer efficient services to their end
user.This law will make them accountable.
The government is proposing to set up a regulatory body that will
comprise of digitally aware senior bureaucrats along with subject
matter experts who will oversee the digital space for violations.
Hopefully,this body will successfully fulfill its responsibility while
ensuring a level-playing ground for all.

Why this is a not so good move?

The proposed bill brings back licence raj. For each map of India or its
regions created by any company will have to be vetted by a
committee. There will a fee that will have to be paid and the licence
will have to be sought.

The proposed bill makes every person associated with the

business offering map service an accessory to a crime in case of any
violation, intended or unintended.

The proposed bill effectively ends crowd-sourcing. This means when

you see your area in Google Maps and want to fix a mistake, you wont
be able to do that. The proposed bill also affects the real-time
gathering of geo data. This too will make the map services almost
useless.

Companies such as Google, Microsoft and Apple, which have millions

of Indians using their maps, would be hit directly by the legislation if it
is pushed through. Firms that depend on these maps to provide their
services, such as Uber, Zomato and Ola, too would be affected.

The security vetting authority removes sensitive zones from the

data and takes about two-three months or even more to respond,
which is an unrealistic timeline for people working with digital data.
There is also apprehension that the Bill will undermine rescue and
humanitarian efforts, such as during disasters like the Nepal
earthquake.

Also of concern is the lack of courts jurisdiction in matters related to

the proposed legislation.

Its not just app developers that will require a license. As per the
current draft, every end user of these apps who does things like shares
their location with a friend, posts a status update, or uploads a photo

with meta-data, is effectively creating mapping information and will

have to get one too.
Its also likely to do little to stop terrorist attacks. Since the rules in
the bill only apply within India and to Indians outside the country, it
wont restrict foreign military forces and terrorists beyond Indias
borders from sourcing map data from elsewhere.
What is worrisome is that it provides for stringent punishment
ranging from a fine of up to 100 crore rupees to a 7-year jail term, for
as much as publishing a wrong map of India. Since the print, electronic
and digital media use a lot of easily available data, the new regulations
could spell doom for the industry as it would push up the costs of
acquiring such basic information and also make media liable for heavy
fines and imprisonment in case of even an oversight.
The new law also conflicts with the provisions of the Information
Technology (IT) Act 2000, because both it and the earlier IT Act deal
with not just physical but also digital data. Furthermore, the IT Act is a
special law and states that in case of conflict between it and any other
law, then it will prevail. However, the draft geospatial bill has also been
given special status under Section 33, stating that its provisions will
have effect over inconsistencies in other laws. In other words, the
interplay between the new law and the IT Act has not been properly
worked out.
The success of Digital India lies in more service operators coming
out with wider range of services and greater number of users accessing
these services.If the proposed Bill acts as a deterrent to the spread of
similar services,then it will end up as a case of the government
meaning well but ending up shooting itself in the foot.
We don't have the manpower(experts) to man regulator body.
Huge computational capacity would be require to analyse all the
data.

What can be done?

An alternative modality that can serve national security purposes

would involve switching to a simple registration-based system that
doesnt make the acquisition of a licence a precondition to using data.
However, such a registration-based system is also fraught with danger
in a framework that insists on scrutinising the credentials of every end
user.

A clear distinction must be made between the producers and

consumers of geospatial data. In order to not constrict the innovation
ecosystem, the definition of consumers must be as wide as possible.

It may be okay to require all publishers of geospatial data to register

with the security-vetting authority and provide an online window
through which the authority can conduct an audit of their data. The
vetting authority can go through the data and raise an objection if it
finds anything objectionable, and it can do this in its own time. In the

meantime the data can be used by end users and updated by the
publisher as required.
HIV AND AIDS (PREVENTION AND CONTROL) BILL,2014
The Bill seeks to safeguard the rights of people living affected by HIV. It
seeks to prevent social stigma and discrimination against people living
with HIV (PLHIV).
It also seeks to strengthen legal accountability and establish formal
mechanisms for inquiring into complaints and redressing grievances to
probe discrimination complaints against those who discriminate against
PLHIV.
Facts:

There are approximately 21 lakh persons estimated to be living with

HIV in India.

The prevalence of HIV is decreasing over the last decade but

percentage of PLHIV receiving Anti-Retroviral therapy (ART) treatment
are merely 28.82% against global percentage of 41%
Key Features of Bill

Prevent and control the spread of HIV and AIDS.

It prohibits discrimination against persons with HIV and AIDS.

No person will be compelled to disclose his HIV status except with

his informed consent, and if required by a court order

Establishments keeping records of information of PLHIV must adopt

data protection measures.

Obligations on establishments to safeguard rights of persons living

with HIV and create mechanisms for redressing complaints.

Lists various grounds on which discrimination against HIV-positive

persons and those living with them is prohibited.

These include the denial, discontinuation, termination or unfair

treatment with regard to employment, educational establishments,
health care services, renting property etc.

Prohibits, requirement for HIV testing as a pre-requisite for obtaining

employment or accessing health care or education.

Prohibits any individual from publishing information or advocating

feelings of hatred against HIV positive persons and PLHIV.
Importance of Bill
The Bill would provide essential support to National AIDS Control
Programme in arresting new spread of HIV infections and thereby
achieving the target of Ending the epidemic by 2030 to meet goal
Sustainable Development Goals
What is missing in the Bill?
The Bill brings a rights-based approach to AIDS treatment, making it
imperative for both the central and state governments to provide

treatment as far as possible. Though the Bill lays down that treatment is
the right of the patient, it stops short of making it a legal right and
therefore, a patient who is denied ART treatment cannot ordinarily drag
any government to court.
INDIAN MEDICAL COUNCIL AMENDMENT BILL,2016
To conduct of uniform entrance examination for admission to all medical
educational institutions.
Key provisions:

Introduction of a uniform entrance examination for all medical

educational institutions.

It will be applicable for admission at the undergraduate and the

post-graduate level

If states have not opted for the uniform entrance examination, then
the examination will not be applicable at the undergraduate level for
the academic year 2016-17

This provision will be applicable to state government seats in

government and private medical institutions

Empowers MCI to frame regulations for

o
the manner of conducting the exams,
o
the authority designated to conduct exams and
o
Specify languages other than English and Hindi in which the
entrance examinations will be conducted
Analysis:

With passage of the bills, admission to medical and dental courses

across the country will be done through a single common entrance test
i.e. NEET from academic year 2017-18.

The NEET has been designed to curb corruption by bringing in

transparency, checking multiplicity of exams and to stop exploitation of
students in counselling

However it said that this new system will affect rural students as
there is no uniform educational syllabus across the country
INSURANCE BILL
Insurance

Bill

The Insurance sector Bill was pending for quite some time and has now
been passed by both the houses. This bill have some positive aspects and
is considered as a major economic reform in the country due to following
reasons:
1.

Capital Pull: The sector will see an FDI increase from 26% to 49%,
the industry was suffering from capital crunch for quite some time. The
reform will not only infuse much needed capital but also help the
domestic players sell stakes to foreign partners.

2.

Infrastructure funding: The capital in the insurance sector have

in general a long gestation period, this capital can be used to fund the
infrastructure need of the country.
3.
Insurance coverage: The present insurance coverage is just 3%,
the bill would help in extending it further and as predict by the select
committee, it is expected to be around 3% in the next 5 years.
4.
IRDA power: IRDA will get further power to impose penalty on the
wrong doers.
5.
JV and New entrants: New Joint ventures will come up and New
entrants
are
also
expected
to
join
the
sector.
However, it has certain problems which can create challenge for the
economy and the
public
as
well
1.

Settlement Ratio and Lapse Ratio: The settlement ratio of

private players is very low compared to that of LIC which makes
the private player products vulnerable for the people. Similarly, their
lapse ratio is higher compared to that of LIC.
2.
Institutional Investors: This is also allowed under the bill; it's a
hot money and can put investors as well as economy at risk.
3.
LIC employees: The employees of LIC have already protested
against the bill and are highly unsecure about their future.
Thus, Insurance bill is in line with the need of the time, i.e., liberalization
and would help infuse capital in the sector and economy but Government
should ensure the existing players and public at large should not become
victim of private players ambitions.
Performance

since

Passage

of

Bill:

Bill passed in March 2015: Even after 6 months not a single foreign
reinsurer has entered India and not a single foreign insurance giant has
hiked stake in an Indian entity from 26% to 49%.
The changes in law require corresponding operative changes in
regulations. Though Six months have passed since the law was amended,
regulatory changes to implement the changes in law has not been
notified.
No formal proposal yet received by any foreign player to increase
investment from 26 to 49%.
Critically examine why the insurance Bill, 2015, which was passed
by the Parliament in 2015, is considered as part of major
economic reforms in the country. (200 Words)
LOKPAL AND LOKAYUKTA (AMENDMENT) BILL,2016

The bill seeks to amend the Lokpal and Lokayukta Act, 2013 which
provides Lokpal (at Centre) and Lokayukta (at States) statutory backing to
inquire into allegations of corruption against certain public functionaries
and for related matters
Key Provisions:

Enable the leader of the single largest opposition party in the Lok
Sabha in the absence of a recognised Leader of Opposition to be a
member of the selection committee that would select the ombudsman.

Amends section 44 of parent Act that deals with provision of

furnishing of details of assets and liabilities of public servants within 30
days of joining the government service. The amendment has removed
the period of 30 days. Now the public servants will make declaration of
their assets and liabilities in the form and manner as prescribed by
government.

Gives more time to public servants and trustees and board

members of Non-Governmental Organisations (NGOs) to declare their
assets and those of their spouses.
Points to ponder on which question can be framed:

Will these changes make institution of Lokpal\Lokpal toothless?

Will public servant declare their assets at all?

What was the need to remove the timelimit?

Is it an attempt to kill these institutions?

MENTAL HEALTH CARE BILL
Aims to provide better healthcare for people suffering from mental illness
and also to decriminalise suicide.
Key provisions:

The Bill provides every person right to access mental health care
and treatment from services run or funded by the government.

Mental patients also have right to equality of treatment, protection

from inhuman and degrading treatment, access to their medical
records free legal services etc.

The Bill focuses on community based treatment and special

provisions for women.

In case of person who attempts to commit suicide, he shall be

presumed to be suffering from mental illness at the time of attempting
suicide unless proved otherwise.

Such person shall not be liable to punishment under section 309

(attempt to commit suicide) of Indian Penal Code (IPC).

It also provides for establishment of Central and State Mental

Health Authority.

It also establishes Mental Health Review Commission and

Board (MHRCB) as a quasi-judicial body.

MINES AND MINERALS (AMENDMENT) BILL

Parliament has passed Mines and Minerals (Development and Regulation)
Amendment Bill, 2016. The Bill amends the Mines and Minerals
(Development and Regulation) Act, 1957. The amendment Bill was first
passed in the Lok Sabha in March 2016 and later in the Rajya Sabha in
May 2016.
Key provisions :
1.
Transfer of mining leases: The Bill provides for, transfer of mining
leases, which have been granted through procedures other than
auction and where minerals are used for captive purpose. This
provision will allow for merger and acquisition of companies with
captive mining leases.
2.
Leased area: The bill also adds the definition of leased area as the
area within which mining operations can be undertaken. This will also
include the non-mineralised area required and approved for the
activities defined under Mines Act 1952.
Mines and Minerals (Development and Regulation) Act, 1957: It
regulates the mining sector in India. It also specifies the requirement for
obtaining and granting leases for mining operations.
NATIONAL WATER FRAMEWORK BILL
Objective:

It aims to decentralise water management and give more power to

panchayats and gram sabhas to decide how water can be better used.

To provide uniform national legal framework to manage water in a

better and efficient way
Key Provisions:

Every person has a right to sufficient quantity of safe water for life
within easy reach of the household regardless of his/her socioeconomic factors.

All basin states have equitable rights over the use of river water
provided such use does not violate the right to water for life of any
person in the river basin.

States must recognise the principle that the rivers are public
trustees and not owned by the basin-States.

All the basin States are equal in rights and status, and there is no
hierarchy of rights among them.

Here equality of rights means not equal but equitable shares in river
waters.

Managing water at river basin-level and right measurement of

States contribution to river system to in order to resolve conflicts.

Establishing River Basin Authority (RBA) for each inter-State basin to

ensure optimum and sustainable development of rivers and valleys.

Establishing institutional arrangements to deal with inter-state water

disputes in order to obviate disputes through negotiations, mediation
or conciliation.
Proposes other mechanisms such as National water quality and
footprint standards, Integrated river basin development and
management plan and Graded pricing system

Why needed?
The water shortage problem is escalating and country has witnessed
acute drought situation in certain parts. In future, such situations may
increase in backdrop of climate change. Besides, presently in absence of
institutional arrangement there are inter-state water disputes because
states do not their contributions to a rivers catchment area to resolve
conflicts.

MATERNITY BENEFITS (AMENDMENTS) BILL,2016

The bill aims to benefit about 1.8 million women in the organised sector
and increase the strength of the working women force in the country.
Provisions:

The Bill aims at increasing womens participation in the workforce

The provisions of bill apply to every establishment employing ten or

more persons and include mines and factories.

No employer can remove any woman employee on the ground of

pregnancy

It is a mandatory for every establishment having 50 or more

employees to have a creche

There is also a provision in the bill to provide 12 weeks maternity

benefit to a commissioning mother and adopting mother (adopting a
new born aged below three)

In this case commissioning mother is defined as a biological mother

who uses her egg to create an embryo implanted in another woman

However, a woman who has two or more children will continue to

get only 12 weeks maternity leave.
Significance:
Maternal care to the Child during early childhood is crucial for growth and
development of the child. The amendments will help 18 lakh women
workforce in organised sector. They also help women devote time to take
care of their babies and enable an increase in the womens labour force
participation (WLFPR) rate in India. The labour force participation rate
(LFPR) in India is around 40%, but for females, it is only 22.5%. The gap in
male-female labour force participation is such that the LFPR for rural
women above 15 years is only 35.8%, while for rural males it is more than

double at 81.3%, according to a 2015 research paper by the government

policy think tank NITI Aayog.
Negatives in the bill:

The Bill does nothing to dismantle the male breadwinner model and
continues to reinforce the stereotype about childcare being exclusively
a womans responsibility

It assumes that only a mother is a parent or primary caregiver, while

a father is the provider and an employee bereft of an active
responsibility in childcare. It is silent on paternity/parental leave
MODEL SHOPS AND ESTABLISHMENT BILL,2016
What is the bill for?

It will also allow shops, malls and cinema halls, among other
establishments to run 247 throughout the year

It will ensure uniform working conditions across the country and also
facilitate generation of employment opportunities and ease of doing
business

This model Bill will bring uniformity across the country and it will
make it easier for all the States to adopt it

Implementation of this law depends on the state govt. It may choose

to implement it, not to implement it or make changes as deemed fit to
the law.
Major provisions:

Provides freedom to the establishment to operate 365 days 24x7

Covers only establishments employing ten or more workers under it

ambit. It does not cover manufacturing units

Permits women during night shift, if the establishments have

provisions of shelter, rest room, ladies toilet, transportation and
adequate protection of their dignity etc.

Does not allow discrimination against women in the matter of

recruitment, training, promotions or transfer

Empowers Government to make rules regarding adequate measures

to be taken for the safety and health of workers by the employer

Provisions for common creche, lavatory, first aid and canteen by

group of establishments. It will be applicable in case it is not possible
for individual establishment due to constraint in space or otherwise

Compulsory provisions of five paid festival holidays in addition to

national holidays
MOTOR VEHICLE BILL,2016
The bill seeks to amend Motor Vehicles Act (MVA), 1988 and proposes to
hefty penalties against violations of road safety rules as a deterrent
measure. It also focuses on strengthening rural transport, public

transport, last mile connectivity automation and computerization (eGovernace) and enabling online services. Background
Key Provisions:

Increases compensation for Hit & Run cases to Rs. 2 lakh from
Rs.25000.

Adds provision for payment of compensation in road accidents

fatalities upto Rs. 10 lakh.

Permits state government to specify fines under this act.

Allows State Government to regulate the activities in a public place

of pedestrians

It focuses on improving delivery of services to the stakeholders

using e-Governance. It enables
o
online learning licenses,
o
increases period of driving licenses validity,
o
Do away with the requirements of educational qualifications
for transport licenses etc.

Proposes to create National Register for Vehicle registration and

National Register for Driving Licence through Sarathi and Vahan
platforms. This will facilitate uniformity of the process across the
country and bring harmony of the registration and licensing process.

The owner or guardian will be deemed guilty in cases of offences by

the Juveniles. Juvenile will be tried under JJ Act and the registration of
Motor Vehicle will be cancelled.
Background:

To address the issue of road safety, the Union Government had

proposed a draft Road Transport & Safety Bill earlier. However, most of
the States had expressed reservations.

To address the reservations of states the Union Ministry of Road

Transport & Highways constituted a Group of Transport Ministers (GoM)
of the States

The GoM had recommended that Union Government should

immediately bring amendments to the present Motor Vehicle Act, 1988
to address the issue of road safety and improving transport scenario.
Related Notes:

Road Safety Bill

PCPNDT ACT
What is PCPNDT Act about?

The Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT)

Act, 1994 was enacted in response to the decline in Sex ratio in India,
which deteriorated from 972 in 1901 to 927 in 1991.

The main purpose of enacting the act is to ban the use of sex
selection techniques before or after conception and prevent the
misuse of prenatal diagnostic technique for sex selective abortion.
Offences under this act include conducting or helping in the conduct
of prenatal diagnostic technique in the unregistered units, sex selection
on a man or woman, conducting PND test for any purpose other than
the one mentioned in the act, sale, distribution, supply, renting etc. of
any ultra sound machine or any other equipment capable of detecting
sex of the foetus.

What are the main provisions?

The Act provides for the prohibition of sex selection, before or after
conception.

It regulates the use of pre-natal diagnostic techniques, like

ultrasound and amniocentesis by allowing them their use only to detect
few cases.

No laboratory or centre or clinic will conduct any test including

ultrasonography for the purpose of determining the sex of the foetus.

No person, including the one who is conducting the procedure as per

the law, will communicate the sex of the foetus to the pregnant woman
or her relatives by words, signs or any other method.

Any person who puts an advertisement for pre-natal and preconception sex determination facilities in the form of a notice, circular,
label, wrapper or any document, or advertises through interior or other
media in electronic or print form or engages in any visible
representation made by means of hoarding, wall painting, signal, light,
sound, smoke or gas, can be imprisoned for up to three years and fined
Rs. 10,000.

The Act mandates compulsory registration of all diagnostic

laboratories, all genetic counselling centres, genetic laboratories,
genetic clinics and ultrasound clinics
Amendments:

Pre-Natal Diagnostic Techniques (Regulation and Prevention of

Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception
and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act
(PCPNDT Act) to improve the regulation of the technology used
in sex selection.

The Act was amended to bring the technique of pre conception

sex selection and ultrasound technique within the ambit of the
act.

The amendment also empowered the central supervisory board and

state level supervisory board was constituted.

In 1988, the State of Maharashtra became the first in the country to

ban pre-natal sex determination through enacting the Maharashtra
Regulation of Pre-natal Diagnostic Techniques Act
Why in news?

SC had in January last year directed the search engines to strictly

comply with Indian laws and lock advertisements on sex determination
of a foetus
Due to inaction of government SC has told centre to explore ways to
block such advertisements within 10 days
Search engines are under obligation to see that the doctrine of auto
block is applied within a reasonable period of time. Also, it has to be
an in-house procedure/method to be introduced by the companies

REAL ESTATE BILL

Recently the Union Cabinet cleared the Real Estate (Regulation
and Development) Bill. Critically comment on the important
features of this bill. Examine how these features will have bearing
on the consumers. (200 Words)
Real Estate (Regulation and Development) Bill passed by Union cabinet
recently has come as a big relief for the buyers as well as for overall
picture of Indian real estate market.
Features:
1.
Independent Regulatory Authority: Real estate regulatory authorities
(RERAs) will be established in every state and be paired with real
estate appellate tribunals (REATs) to consider appeals against orders of
RERAs. All commercial and residential projects now need to
be compulsorily
registered with
RERA.
2.

Prevention of diversion of funds: The Bill now provides for a

compulsory deposit of 50 per cent of the total amount realised from
buyers into a monitor able account in a scheduled bank to be used only
for the construction of the designated project. This will help in less
diversion of funds but it is lesser than initially speculated 70% so some
funds may still be diversified to chit funds.
3.
Mandating consumer protection measures:
a.
Specification of project cannot be altered without consent of
two-thirds of buyers
b.
Prevention from accepting more than 10% advance fees
without written agreement.
c.
Stringent penalties in case of violation and right to reclaim
refund in case of promoter failure of delivery.
d.
Promoter needs to declare carpet area
4.
Mandatory Registrations with RERA: Only projects registered with
RERA can be bought or sold.
Developers will have to mandatorily disclose all details on the regulator's
website.
Advantages to consumers:
1.
Consumer will have redressal mechanism

2.

They will have more idea about project and they cannot be
betrayed
3.
Consumer money will be safe and will be refunded in case of issues.
Disadvantages:
1.
Existing projects might get delayed.
2.
Costs can go up.
Overall this bill will be beneficial for consumers and will definitely benefit
India's real estate market in longer run. It will also help in curbing black
money in real estate
01/02/2016
How REA will impede competition in the sector causing harm to the
consumers ??
1.
70% money in escrow account : would force builders to rely upon
further borrowings & cost of which may be borne out of the consumers
itself.
2.
Cancellation of Registration : RERA is empowered to cancel any
project because of default on part of developer or non-compliance to
any rule which reduce incentives of developers to compete given
inherent market risks in the sector.
3.
Multiple Dispute resolution forums : leading to jurisprudence conflict
to which consumers would be ultimate losers.
4.
Multiple Legislations : REA does not repeal existing laws leading to
clash of jurisdiction & ambiguity.
5.
Regulatory : Still there is not a provision of single window clearance
system reducing competition as part of developers.
6.
Nexus : between politicians, officials & builders is still neglected by
the REA which is main reason for sky-rocket prices, reducing
competition as part of consumers
REPEALING AND AMENDING BILL,2015
Critically discuss the significance of the Repealing and Amending
(Fourth) Bill, 2015 which was recently passed by the Lok Sabha.
(200
Words)
Repealing and Amending (Fourth) Bill hold tremendous significance.
1.

India is a highly regulated country. Many of the statutes are old and
irrelevant today. Example:- Insurance Amendment Act, 1940 is old and
has been replaced by subsequent legislation. But, it still continues to
be on the statute books. A law on the statute prohibits more than 10
people
on
disco
floors
in
Mumbai.

2.
of
3.

A maze of laws make their enforcement difficult. Also, enforcement

such
laws
breeds
corruption.
A leaner regulatory regime is the demand of today's business.

Even though this bill is required but one must dwell into the reasons why
this
bill
was
required.,
1.

While legislating, the parliament rarely discusses the enforcement

part
of
the
legislation.

2.

Most of the bill repealed are Appropriation acts which should be

automatically repealed. (In UK, sunset clauses are imbibed in laws)

3.

There should be a periodic review of regulatory effects of old laws

and if found wanting, they should be replaced or amended. That is, this
exercise should be periodic and can be entrusted onto a parliamentary
committee. (In New Zealand and Australia, such an exercise takes
place
yearly)

Thus, such an exercise should occur regularly. It can have a great potential
on Ease of Doing Business and also simplifying the lives of common
people.
RIVER GANGA (REJUVENATION , PROTECTION AND MANAGEMENT )
AUTHORITIES ORDER,2016
The Order empowers National Mission for Clean Ganga (NMCG) to take
action against polluting industries. So far, Central Pollution Control Board
(CPCB) had powers to take actions.
Key Features of order

Envisages creation of National Council for River Ganga

(Rejuvenation, Protection and Management) as an Authority under
Prime Minister as Chairperson.

The new authority will be replacing the existing NGRBA (National

Ganga River Basin Authority).

Declares NMCG as an Authority with powers to issue directions and

also to exercise the powers under the Environment (Protection) Act,
1986

Delegates financial and administrative powers to NMCG to

accelerate the process of project implementation for Ganga
rejuvenation.

It will have overall responsibility for superintendence of pollution

prevention and rejuvenation of river Ganga Basin.

Sets up an Empowered Task Force chaired by Union Minister of

Water Resources along with other ministries, departments and State
governments concerned in protection of Ganga.

Lays down a new institutional structure for policy and

implementation in fast track manner.
ROAD SAFETY BILL

Road Transport and Safety Bill:

It is a Bill which aims to provide a framework for safer, faster, cost
effective and inclusive movement of passengers and freight in the country
thus enabling the mission of Make in India.

According to the Bill, a manufacturer can be ordered to recall a

particular type of motor vehicle if a specified number of users
complain about a defect that can cause harm to them, their
passengers, or any other road users.
The Bill could not be introduced in the last session Parliament.
It is also to be noted that the Road safety Act falls in the purview
ofconcurrent listand both state governments and the Centre have
rights

Summary of difference with MVA, 1988

Motor Vehicle Act, 1988

o
Fine of Rs. 1000
o
Or Imprisonment of 3 months or both
o
The law does not mention minor it says unauthorised
person"

Road Transport and Safety Bill

o
The fine has been increased to Rs. 10,000
o
Minor will be considered as an unauthorised person
o
Vehicle will be impounded for 2 months if the offences has
been repeated
o
Penalty points on repeat offenders will lose their license
o
Road contractors or companies will also incur penalties in not
complying by road design standards, road construction and
maintenance
o
Other things:

Unified Driver Licensing System

Unified Vehicle Registration System

Road Safety & Traffic Management

National Road Transport & Multimodal Coordination

Authority
Highlights of the Bill:

2 lakhs lives to be saved in first 5 years due to reduction in road

traffic accident deaths

4% GDP improvement on account of increased efficiency and

safety of road transport sector

10 lac Jobs to be created with increase in investment in the sector

The new Bill makes significant departures from the 1988 Motor
Vehicle Act as it includes safety in construction, design, maintenance
and use of motor vehicles and roads as a major component.

The Bill provides for more stringent penalties to offenders. A graded

penalty point system would now act as a deterrent and improve traffic

condition whereas electronic detection and centralized information of

offences would facilitate to identify repeat-offenders.
New proposed Agencies and systems:

The Bill proposes to introduce an independent agency called

the National Road Safety Authority of India, which will be an
independent, legally empowered and accountable expert lead agency.
It shall be accountable to the Parliament and Central Government.

The new Bill provides for the establishment of State Safety

Authorities which shall act in accordance with the directions issued by
the National Authority.

The Bill seeks to establish a unified driver licensing system in India

which will be transparent. Such a system shall facilitate any time
anywhere licence application mechanism in the country and mitigate
duplication of licences from various regional transport offices.

According to the Provisions of the Bill there will be a unified vehicle

registration system to enable electronic and online submission of
applications for registration at any registering authority leading to real
time interchange of data relating to such an activity.

On the safety issues, the Bill envisages for enforcement of modern

safety technologies.

It also contains the provision for creation of a motor vehicle

accident fund for immediate relief to the accident victim. It gives
special emphasis on safety of school children and security of women.

The Bill also includes the setting up of a Highway Traffic

Regulation and Protection Force (HTRPF).
Why are some against this Bill?

Due to some provisions in the proposed bill. They say that the
proposed fines are too high.

According to provisions of the Bill, the Motor Vehicle Act 1988 will be
scrapped and State RTOs will close. Instead, a Central authority will be
created and private entities will issue and renew licences. This move is
not being welcomed.

The provisions in the Bill are said to be against the principles of

jurisprudence.

Some state governments allege that the bill encroaches upon the
financial, legislative and administrative powers of state governments
Related Questions:
Countries that have had the most success in reducing the number of road
crash deaths have achieved this by improving legislation, enforcement,
and making roads and vehicles safer. Critically examine why has India
failed in this regard.
Related Notes:

Road Accidents

SECURITY
INTEREST
AND
RECOVERY
OF
DEBTS
MISCELLANEOUS PROVISIONS (AMENDMENT) BILL,2016

LAWS

AND

The amendments are aimed at

faster recovery and resolution of bad debts by banks and financial

institutions

making it easier for asset reconstruction companies (ARCs) to

function.

put in place an enabling infrastructure to effectively deal with nonperforming assets in the Indian banking system along with the new
bankruptcy law which came into effect earlier this year
Why we need these amendments?

Indian banks have been under stress with many of them reporting
losses and surge in non-performing assets (NPAs) after the Reserve
Bank of India (RBI) pushed lenders to classify visibly stressed assets as
NPAs after an asset quality review in 2015-16.

Flaws in the existing recovery process have added to the problem of

bad loans. For instance, more than 70,000 cases are pending before
DRTs
What will the bill do?

The bill will amend four acts :

o
Sarfaesi Act, 2002,
o
Recovery of Debts due to Banks and Financial Institutions Act,
1993,
o
Indian Stamp Act, 1899 and
o
Depositories Act, 1996.

The bill gives RBI powers to audit and inspect ARCs and the freedom
to remove the chairman or any director and appoint central bank
officials to its board. The central bank will be empowered to impose
penalties for non-compliance with its directives, and regulate the fees
charged by these companies to banks at the time of acquiring such
assets.

The bill will also pave the way for the sponsor of an ARC to hold up
to 100% stake. It will also enable non-institutional investors to invest in
security receipts issued by ARCs and mandate a timeline for possession
of secured assets.

To be sure, RBI already regulates these entities, but the bill expands
the regulators powers. It also increases the penalty amount that can
be levied by RBI to Rs.1 crore from Rs.5 lakh.

The bill proposes to widen the scope of the registry that will house
the central database of all loans against properties given by all
lenders.

It also proposes to bring hire purchase and financial lease under the
ambit of the Sarfaesi Act, and enable secured creditors to take over a
company and restore its business on acquisition of controlling interest
in the borrower company.

As part of the overhaul of DRTs, the bill proposes to speed up the

process of recovery and move towards online DRTs. To this effect, it
proposes electronic filing of recovery applications, documents and
written statements.
DRTs will be the backbone of the bankruptcy code and deal with all
insolvency proceedings involving individuals. The debtor will have to
deposit 50% of the amount of debt due before filing an appeal at a DRT.
It also seeks to make the process time-bound. A district magistrate has
to clear an application by the creditor to take over possession of the
collateral within 60 days.
The bill also proposes to amend the Indian Stamp Act to exempt
deeds of assignment signed at the time of an ARC buying a loan from a
bank from the levy of stamp duty.
The amendments carry the work forward done in the insolvency and
bankruptcy code. Automation will help in increasing the pace of
recovery, but this requires an investment. Currently, the problem is
that many DRTs from time to time do not have presiding officers

Amendments to SARFAESI Act:

It allows District Magistrate (DM) to take possession over collateral

within 30 days, for securing the creditors.

It empowers DM to assist banks to take over the management of a

company, in case the company is unable to repay loans.

It creates a central database to integrate records of property

registered under various registration systems with central registry
meant for maintaining records of transactions related to secured
assets.

Unless collateral is registered with the central registry, secured

creditors will not be able to take possession over it.

Empowers the RBI to carry out audit and inspection of Asset

Reconstruction Companies (ARCs) and penalize them if they fail to
comply with any directions issued by it.

Stamp duty will not be charged on transactions undertaken for

transfer of financial assets (loans and collaterals) in favour of asset
reconstruction companies.
Amendments to the RDDBFI Act:

Increases the retirement age of Presiding Officers (PO) of Debt

Recovery Tribunals (DRTs) to 65 years from 62 years.

Increases the retirement age of Chairpersons of Appellate Tribunals

to 67 years from 65 years.

Allows PO and Chairpersons eligible for reappointment to their

positions.

Allows banks to file cases in tribunals having jurisdiction over the

area of bank branch where the debt is pending.
SEDITION

What does sedition mean in India?

Section 124A of IPC -> deals with sedition.

Sedition in India is not unconstitutional, it remains an offence only if

the words, spoken or written, are accompanied by disorder and
violence and/ or incitement to disorder and violence

In Macaulays penal code, sedition was declared, way back in the

year 1898, as meaning: The bringing or attempting to bring into hatred
or contempt (by words spoken or written, or by signs or by visible
representation, or otherwise) disaffection towards the government
established by law.

The offence is punishable with imprisonment for life.

Legal stand:

Courts have deprecated the tendency to invoke this grave charge

for mere expressions of critical views. SC has said that even words that
indicate disaffection towards the government cannot be termed
seditious, unless there is actual incitement to violence and intention to
cause disorder.

13/02/2016 Civil rights activists and legal experts have long

asserted that the State authorities have been misusing the sedition law
to target citizens who simply express their legitimate views. Moreover,
the trial courts have mostly disregarded or ignored the Supreme
Courts interpretation of sedition law.
Cases related to it
o
Kedar Nath Singh vs. State of Bihar in 1962

A Constitutional Bench of SC upheld the validity of

Section 124-A but laid down that a person can be charged with
sedition only if there is incitement to violence in his speech or
writing or an intention or tendency to create disorder or
disturbance of law and order.
o
Maneka Gandhi case of 1978

Supreme Court held that criticising and drawing general

opinion against the governments policies and decisions within a
reasonable limit that does not incite people to rebel is consistent
with the freedom of speech.
o
Romesh Thapar vs Union of India (HC)

Pointed out the incompatibility of the laws of sedation.

Effort to ban publications on the purported threats that they pose
to public safety were ruled unconstitutional.
o
Shreya Singhal vs union of India :

Declared IT Act section 66A as unconstitutional. The

court ruled that the speech howsoever offensive, annoying or
inconvenient cannot be prosecuted unless its utterance has , at
the least , a proximate connection with any incitement or
disruption in public order

Who is an Anti-Indian? (JNU case)

Likewise, mere expressions of hate, and even contempt for ones
government, are not sedition. When a person is dubbed anti-Indian, it is
distasteful to Indias citizenry, but then to be anti-Indian is not a criminal
offence, and it is definitely not sedition.
Freedom of dissent vs sedition:
Citizens in India are free to criticise their governments at the Centre or in
the states which they do quite frequently, and boldly and fearlessly as
well; as they must, because that is what a participatory democracy is all
about.
Related issue:
Section 295A (deliberate and malicious acts, intended to outrage
religious feelings of any class by insulting its religion or religious beliefs)
was found to be constitutional in the Ramjilal Modi case (1957)
What can be done?
1.
Baliable: all speech-related offences should be made bailable
offences; this would lessen the harmful impact of using arrest and
custody as a way of harassing anyone exercising their rights under
Article 19(1)(a).
2.
Non Cognisable: the offences should be made non-cognisable so
that there is at least a judicial check on the police acting on the basis
of politically motivated complaints.
3.
Prior Government Sanction: For some laws it is mandatory under
Section 196(1) of the Code of Criminal Procedure to obtain prior
sanction of the government before taking cognisance of the offences.
This needs to be extended to the offence of sedition under Section
124A.
4.
Burden of proof: In the case of hate speech, it is important to
raise the burden of proof on those who claim that their sentiments are
hurt rather than accept them at face value.
5.
Deterring action: And finally, it is crucial that courts begin to take
action against those who bring malicious complaints against speech
acts.
What SC has to say?

The Supreme Court has clarified that sedition charges cannot be

brought against a person merely for raising a voice against the
government or its policies

The authorities, while dealing with offences under Section 124A of

the Indian Penal Code, shall be guided by the principles laid down by
the Constitution Bench in Kedar Nath Singh vs State of Bihar.

The court had clarified in its 1962 verdict that a citizen has a right
to say or write whatever he likes about the government, or its
measures, by way of criticism or comment, so long as he does not
incite people to violence against the government established by law or
with the intention of creating public disorder

The court had clarified that comments, however strongly worded,

expressing disapproval of government actions, without exciting those
feelings which generate the inclination to cause public disorder by acts
of violence was not sedition.
The court had pointed out two essential ingredients required to
establish the crime of sedition:

The acts must be intended to have the effect of subverting

the government by violent means.

The acts must be intended to create disorder or disturbance of

public peace and order by resort to violence and must incite
violence
What is the case? Citing misuse of law, petitioner wanted SC to
direct government to amend the Act. Facts are : 47 cases of sedition
were filed in 2014 alone and 58 people arrested in connection with
these cases. SC refused to give directions.

Good Read :
http://www.insightsonindia.com/2015/10/14/insights-into-editorial-it-istime-to-render-sedition-section-124a-of-ipc-unconstitutional/
SPECIFIC RELIEF ACT,1963
Why in news?
To enhance "Ease of Doing Business", government is planning
amendments in this act. These amendments were proposed by Anand
Desai led Expert committee
What does the Act do?
The law prescribes that in an event where the actual damage for not
performing the contract cannot be measured or monetary compensation
is not adequate, one party can ask the court to direct the other party to
fulfil the requirements of the contract. This is called specific performance
of a contract. This extends to infrastructure contracts, like construction of
housing societies or sale and purchase of land
What are the proposed changes?

To limit the compensation and relief that courts can grant in cases
relating to execution of infrastructure and development projects

It seeks to lay down guidelines for reducing the discretion granted to

courts and tribunals while granting performance and injunctive relief
Why these changes?

In the governments assessment, some provisions in the existing law

are an impediment for investors, as they fear a long-drawn litigation
process

Courts have extensive power to review and award compensation

under current Act

It is also a discretionary relief, that is, it is left to the court to decide

whether specific performance should be given to a party asking for it.
This gives rise to uncertainty in contracts

STRERT VENDORS ACT

Street Vendors Act 2014 was enacted with a motive to protect the
livelihood of the Street Vendors as it is their fundamental right under
Article 19(1)(g) and simultaneously ensuring congestion free streets and
public spaces. However its ground implementation has provided some
relief to the street vendors but still some of its provision has not been
implemented
with
full
vigor
such
as
1.

2.

3.
4.

5.

SVA requires municipality to come up with the scheme for the

welfare of the street vendors only few municipality have proposed such
plan. Main issue arises in this is the defying attitude of municipalities
who is violating the provision of the law.
Act provided that all the decision related to identification of vending
and non-vending zone , issuing certification , certificate fees are to be
taken by the Town vending Committee and Municipality will ratify but in
practice it is the Municipal commissioner who takes decision and has
concentrated power in himself and diluted the democratic character of
the TVC.
Act strictly prohibit the harassment of the street vendor by the
police and municipal authorities but police has find innovative ideas to
further the harassment and carry on their corruptive practices.
TVC is multimember body having representation from the vendors,
police, municipal authorities, RWA etc. Another issue that has arisen is
the attitude of the Resident welfare association who considers street
vendors as a encroacher on land. So until this perception about Street
vendors is not changed, little can be expected from the act.
Main issue is its ground implementation. Still some of the municipal
authorities and policemen do not know about the act and unawareness
among
the
street
vendors
about
such
act.

Nonetheless Intention of the act is good and has provided some relief to
the street vendors and pedestrian. However in order to realize the full
benefit from the act it needs to be enforced fully with good intention.
The Street Vendors Act, 2014 is a truly innovative solution to the
problem of balancing the livelihood rights of hawkers and the
right to free movement of pedestrians and traffic. Do you think
this act has done justice to its target population and to its main
objectives? In the light of the statement, critically comment. (200
Words)
THE MEDICAL TREATMENT OF TERMINALLY ILL PATIENTS (PROTECTION OF PATIENTS AND MEDICAL
PRACTIOTIONERS) BILL

Bill is in draft stage and government has put it up in public domain for
wider discussions on issue. It will give a patient the right to withhold
medical treatment in case they are terminally ill.
Background:

Aruna Shanbaug case

SC directive to government in NGO Common Cause PIL case

196th Law Commission report and an attempt to regulate

euthanasia in 2006, which was later not adopted.
Key provisions of the bill:

Every competent patient,including minors aged above 16 years,

has a right to take a decision and express the desire to the medical
practitioner attending on her or him.

Such a decision will be binding on the medical practitioner. He or

she has to inform the spouse, parents or any other close relative of the
patient and desist from carrying out the decision for a period of three
days after informing them.

The Bill providesprotection to patients and doctors from any

liabilityfor withholding or withdrawing medical treatment and states
that palliative care (pain management) can continue.

TheMedical Council of India has been given the authority to

formulate guidelinesfrom time to time for the guidance of medical
practitioners and might review and modify the guidelines periodically.

In case any patient is not competent enough to take a decision then

his or her next of kin, including spouse, parents or sibling,can approach
the High Court, which will have to take a decisionwithin a period of one
month.
Criticism:

Ambiguity in the concept of "living will" (Advance medical directive).

Best practices in other nations laws not adopted here.

Bill distinguish between competent and incompetent patients thus

violating Article 14 (Equality)
Related Notes:

Euthanasia

Euthanasia

TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ,2016

Aims

To protect transgenders from discrimination

To evolve a holistic mechanism for the social, economic and

educational empowerment of marginalized transgenders community
If passed, what will it do?

The Bill will benefit a large number of transgender persons, mitigate

the stigma, discrimination and abuse against them and also bring them
into the mainstream of society.
It will lead to greater inclusiveness and will make the transgender
persons productive members of the society.
The Bill will make all the stakeholders responsive and accountable
for upholding the principles underlying the Bill.
It will bring greater accountability on the part of the Union
Government and Slate Governments/UT administrations for issues
concerning Transgender persons.

Why all this is necessary?

Transgender community is among one of the most marginalized

communities in the country because they dont fit into the stereotypical
categories of gender of men or women.

They face problems ranging from social exclusion, ostracism and

discrimination, as well as verbal, physical and sexual abuse.

They don't have access to education and employment opportunities,

ending up into organised groups, forced begging or demanding money.

INTERNATIONAL RELATIONS
GLOBAL ISSUE
EUROPE CRISIS
The crisis in Greece does not in itself pose an economic risk for
Indian investors and traders, but a Europe-wide crisis would.
Elaborate. (200 Words)
Greece became the first advanced economy to default on its debts. Greek
crisis and a possible "Grexit" will not have direct repercussions on India
but its negative fallout on the European Union as a whole may impact
India adversely because Europe is India's largest trading partner.
1.
Economic contagion: Default would mean a huge loss for
European Central Bank and a weaker Euro. Weaker Euro will cause
interest rates to firm up which will eventually lead to outflow of capital
from India.
2.
Exports: Software and engineering exports, a major share of India's
trade with EU, is expected to fall.
3.
Volatile stock market due to heavy speculation would hurt investors
in the short-run.
4.
Bigger problem is the political fallout of a "Grexit" which would send
a negative message that euro membership is reversible and shore up
further anti-euro movements and thus resulting in a vicious cycle.

Nevertheless, India is better prepared to deal with any negative impact on

its economy:
1.
Strong macroeconomic fundamentals (policies to contain inflation,
spur investments and growth) to deal with global slowdown.
2.
US Fed might not hike up rates immediately in the event of grexit
and that would check flight of dollars.
3.
Forex reserves with RBI to counter-balance the currency volatility.
Critically examine the effects of ongoing economic crisis in Greece
on the Indian economy. (200 Words)
Greece is on the verge of a default in its loan repayment to IMF. This is a
serious economic problem as Greece may exit the Eurozone and this will
have a major fallout in the world economy. Euro will take a direct hit and
the viability of the currency may be in doubt as other highly indebted
countries such as Italy and Portugal may follow suit.
India is also in the line of fire. The following may be effects on Indian
economy1.
Though Indian economy has little transaction with Greece, European
banks have high stakes in the Greek economy. As they have a high
exposure to India, Indian economy will also be hit.
2.
Indian economy is already experiencing a rough patch due to US
Federal Reserve tapering and subdued monsoon predictions. The Greek
economic crisis will further put burden on Indian economy.
3.
There may be capital flight from India, in case there is an increase in
interest rates in Europe . However, RBI is in a good position of tackling
any currency volatility due to its record Foreign Reserves at the
moment.
4.
Indian businesses dealing in Euro will face losses as Euro will
become weaker. Also, the Indian manufacturing will take a hit as
demand will be lower in Eurozone which is a major trading partner of
India.
5.
As euro value decreases, it's export potential increases. A high
export potential will attract investment. A potential outflow from Indian
market can happen which will reduce rupee value.
Indian economy though is much prepared now to face any such
consequence. High foreign exchange reserves will aid to restring balance
and stabilising rupee value. Moreover, Indian rupee is currently
overvalued compared to other currencies and hence any devaluation is
not unwarranted. It will even boost exports. So, any eventuality is not a
cause of concern for India.
GLOBAL HUNGER

2015 Global Hunger Index shows that though progress has been
made since the turn of century but the level of hunger in the world still
remains unacceptably high.

Major reason is Spread of Armed conflicts: Many countries affected

by violent conflicts including Syria, South Sudan, Somalia.
795 mn people in world still go hungry
1 in 9 people remain chronically undernourished
3.1 mn children die of malnutrition each year

Conflict is development in reverse. Without peace, ending poverty and

hunger by 2030 will never be achieved. The time has come to make
conflict prevention and resolution a far higher priority.
72 out of 129 countries have achieved MDG target of halving the
prevalence of undernourished population.
Extreme poverty in developing regions have come down from 43% in 1990
to 17% in 2015. But the progress has been uneven across the globe.
GREECE CRISIS

The recent election in Greece is a verdict against the austerity

which ruined the country. Critically analyse in the light of recent
developments in Greece and its impact on EU. (200 Words)
The 2008 global economic crisis worst hit Greece causing wide spread
unemployment. Greece being a welfare state continued its spending
causing its budgetary deficit to soar to about four times euro-zone's
prescribed limit. To save Greece economy from an imminent collapse IMF
& EU offered two massive bailout packages; one in 2010 worth 110 billion
euros
and
other
in
2012
worth
130
billion
euros.
The pre-condition for bailout packages were that Greece would
significantly cut down the budgetary deficit by accepting an austerity
measures requiring huge cuts in salaries and other social welfare schemes
as
well
as
much
higher
tax
rates.
Recently an unusual Anti-austerity coalition between Syriza (radical
leftist) and independent Greeks (right wing) came to power. The new
government
aims
to:
1.
2.
3.

Re-negotiate the terms of international bailout package.

Secure a write off for Greek's debt by half.
Give respite to citizen from austerity.

The new govt. in Greece plans to do away with austerity measures. But
any failure on the part of Greece to meet its austerity and debt
commitments,
will
put
its
place
in
Euro-zone
at
risk.
Impact

on

EU:

1.

Anti-austerity movement led by left-wing parties in different

countries of euro-zone will be strengthened.
2.
ECB's massive QE programme to revive EU economy may be given a
second thought.
3.
Overall weakening of EU.
4.
Greece
may
exit
EU.
Greece govt. should enter into a dialogue with institutions like EU & IMF
and evaluate all pros and cons before taking any drastic step.
INTERNET GOVERNANCE

Examine the difference between "multi-stakeholder" and

"multilateral" models of discussion to decide the future of issues
such as global internet governance and net neutrality. Also
critically comment on Indias position on the issue of global
internet governance. (200 Words)

Countries such as the U.S. and Germany have advocated a "multistakeholder" model that consults governments, industry, civil society and
technical community while making decisions that affect the Internet.

India has opposed to multi-stakeholder model in the past, favouring the

"multilateral" model in which national governments make decisions
through an equal vote. This has been consistent with India's domestic
command-control communication policy.

India's fears about multi-stakeholder governance have always had their

roots in its concerns about decision-making being dominated by
corporations, especially U.S.-based corporations.

The change in India's stand now agreeing to 'multi stakeholder model' of

discussion at the ICANN meeting in Buenos Aires is in line with the
government's internal efforts at consultative policy-making in the context
of net neutrality.

This signal the beginning of a more consultative approach to

communication policy making and may change the balance of the global
politics related to internet governance.

But, India's support for it should be full-fledged that is the composition of

such a model should be more representative. Also, we as stakeholders has
the responsibility to provide well researched inputs and show willingness
to engage. There is need for vigilance that multi stakeholder approach
proposed by west should go certainly beyond only giving industry a voice
and accommodate well the inputs demanding safeguard of citizens right.
ISRAELI SETTLEMENT

Israeli settlements on the West Bank are opposed by the West, by

Arab states on many grounds. Why do they oppose these
settlements? Do you see any merit in this? What is India's opinion
on this? Critically examine. (200 Words)
The Israeli settlements on the west bank are on a piece of land that
historically and legally belongs to the Arab Palestine's. It was captured by
Israel from Jordan in 1967,and despite many international and Arab
condemnations,
refuses
to
return
it
back.

Israel considers this captured land both as a buffer territory to resist

attacks from hostile Arab neighbors as well as a source of land for its
burgeoning Jewish population.
This has created tension between Israel and the Arab states and
even with US. The US and the UN want Israel to vacate these territories
to facilitate peace talks by building trust and giving the Arab
negotiators something to show their domestic audience as not
compromising on long stated Arab position.
India, while accepting the Israeli right to existence and need or
better Arab Israeli ties also say that Israel should look at the issue from
both a humanitarian as well a security angle. Considering Israeli
unequivocal support for India at times of crises like Kargil war position
on Kashmir etc. India's soft position on the issue is understandable.
India's support of Palestinians all these years didnt yield much
diplomatic and political dividend form the Arab and Muslim world.
Hence India is well within its right to put its national interest first.
For its own security, Israel has to leave the captured lands. The
illegal settlements fuel Arab resentment, strengthen Israeli foes like
Hamas, and Iran's position and incite attacks on Jewish settlers and
inside Israel itself.
It also robs Israel of crucial moral and diplomatic support it deserves
in many respects at the international fora.

JAPANS PACIFISM

Japan has moved away from a pacifist foreign policy to a more

prominent role in international stage in West's Counter terrorism
policy. Analyse its reasons and consequences in the recent times.
(200 Words)
Japan's

pacifism

can

be

ascertained

thorough

following:

1.
2.

Since the end of WW-II Japan has always renounced war.

Does not maintain an army with war capabilities; only a self-defense
force (Japan Self Defense Force -JSDF) to maintain peace & order.
3.
Japanese foreign policy which distances Japan from militaristic
ventures.
Moreover Japan has largely been insulated from international terrorism
and remained unaffected from radical groups particularly Islamic
fundamentalists. However recently Japan has moved away from pacifist
foreign
policy
because:
1.

Recently it has been affected by international terrorism; two

Japanese journalists have beheaded by Islamic State (Islamic terror
group).
2.
Being a resource poor country; Japan relies heavily on crude oil
imports from middle east. Threat to stability in middle east region by
radical forces such as Al-Qaeda & Islamic State will be adversely
impact energy supplies to Japan.
Consequences:
A.

Military

1. Defense budget has been enhanced.

2. Ban on arms export lifted.
3.
Capabilities
of
self-defense
forces

preparations:

are

being

enhanced.

B.

Economic diplomacy: Non-military aid to countries around middle

east such as Egypt, Jordan, Lebanon to fight IS which threatens regional
stability
and
Japanese
energy
supplies.

C.

Reinterpretation of constitution: Japan can now use force to

defend her allies when they are threatened or attacked.

Conclusion: Current global scenario calls all secular democratic societies

including Japan to fight rising radical forces. Japan should work alongside
the international community to contain and eliminate radical groups.
For India: India must engage with emphatic Japan to broaden its fight
against terrorism; highlight the terrorism and its sources in South Asia and
isolate the neighboring country which patronizes radical groups.

QUANTITATIVE EASING

QE refers to an unconventional monetary policy in which a central bank

purchases government securities or other securities from the market in
order to lower interest rates and increase the money supply. Quantitative
easing increases the money supply by flooding financial institutions with
capital in an effort to promote increased lending and liquidity. Quantitative
easing is considered when short-term interest rates are at or approaching
zero, and does not involve the printing of new banknotes.
Reasons:

Like lowering interest rates, QE is supposed to stimulate the

economy by encouraging banks to make more loans.

Raises stock prices and lowers interest rates, which in turn boosts
investment.

can also boost economic activity by raising confidence.

QE by USA: Several rounds of QE in America have increased the size of
the Federal Reserve's balance sheetthe value of the assets it holds
from less than $1 trillion in 2007 to more than $4 trillion now.
QE by EU: European Central Bank (ECB) launched QE in March, 2015 -->
Its monthly purchases will rise from around 13 billion ($14 billion) to 60
billion until at least September 2016.

The resorting of Central banks to unconventional monetary

policies to ward off recession and deflation has caused serious
problems for Emerging economies like India. In the light of the
Fed Quantitative Easing followed by latest decision of the EU
critically examine how such policies impact India? (200 Words)
The use of quantitative easing is a last resort when interest rates are
already set near zero percent. It is why quantitative easing is an
unorthodox monetary policy since central banks will only perform
quantitative easing when all other options are not helping the economy.
Concerns for the CIS, BRIC, and other emerging economies is related to
how the globalized nature of the international economy and actions by the
United States or the European Union impact the emerging economies.
The
1.

effects

of

such

QE

would

be

In general, financial firms that are now free to lend will rush their
investments into the emerging economies. This is because there is a
higher rate of return on investments in emerging countries compared

to

highly

developed

countries

like

the

United

States.

2.

An increase of local inflation. As more foreign currency enters into a

country, like a CIS or BRIC country, the local economy reacts with
inflation since more money, foreign or domestic, is available in the
local
market.

3.

Local currencies could be devalued. With the quantitative easing

cheaper, other countries react by devaluing their currencies so their
exchange rates are lower. This can cause a global currency war,
resulting in large scale, impaired economic growth since citizens will
be
unable
to
purchase
many
goods
or
services.

4.

Moreover, the money that will come in will be "hot money" and such
investments are very volatile and short term. Hence their later
withdrawal from the economy will lead to spiraling down of the local
currency.

5.

Due to the unfavorable and fluctuating market, investors will be

skeptical
to
invest
in
the
stock
markets.

6.

The EU is Indias largest trading partner and this will hit the Indian
exports to the EU badly

If the nations of the European Union are not careful with the amount of
quantitative easing they perform, it will have dire consequences around
the world. The European Union and others need to solve their economic
problems, but if they are not careful, their solutions will seriously harm
other nations and plunge the world deeper into economic turmoil.
REFUGEE PROBLEM

Facts:

Almost 90 per cent of the worlds refugees are hosted in developing

countries. Eight countries host more than half the worlds refugees.

Just 10 countries provide 75 per cent of the UNs budget to ease and
resolve their plight.
Why Migration happens?

War, human rights violations, underdevelopment, climate change

and natural disasters are leading more people to leave their homes .

Migrants have also left their countries in search of better

opportunities or simply for survival.
What does India do with asylum seekers?
India offers asylum to a large number of refugees, but it is not a signatory
to the 1951 Refugee Convention
New York Declaration for Refugees and Migrants

Adopted at UNGA

The declaration expresses the political will of world leaders to

protect the rights of refugees and migrants to save lives and share
responsibility for large movements on a global scale
Commitments made are:
o
Protect human rights of all refugees and migrants. It includes
rights of girls and women and also promote their full, equal and
their meaningful participation to find solutions.
o
Ensure that all refugee and migrant children receive education
within few months of arrival.
o
Prevent and respond to gender-based and sexual violence.
o
Support countries receiving, rescuing and hosting large
numbers of refugees and migrants
o
Condemn strongly xenophobia against refugees and migrants
and support global campaign to counter it.
o
Strengthen positive contributions made by migrants for their
social and economic development in their host countries.
o
Improve delivery of humanitarian and development assistance
through innovative multilateral financial solutions to those countries
most affected.
o
Strengthen global governance of migration by bringing the
International Organization for Migration (IOM) into the UN system.

Critically examine the causes, consequences and remedies of

World's recent Refugee crisis. (200 Words)
Civil wars and persecution of certain groups have precipitated the global
refugee crisis into the biggest humanitarian crisis in the world. According
to Amnesty International, there are around 50 million global refugees right
now.
Causes
1.

Instability in the West Asia - There is great instability in the west

Asia. War between the ISIS and Kurdish rebels in Iraq and Syria, attacks
by Saudi Arabia on Houthi rebels in Yemen, the civil War in Syria. All of
them combined to displace a large number of people from these
countries.

2.

Economic Reasons - A large number of refugees from Africa have

been forced to leave their countries in search of opportunities abroad,
primarily
in
Europe.

3.

State Persecution - Rohingyas are a sect of Muslims who claim they

are original inhibitors of the Rakhine, a state in Myanmar. However,
Myanmar considers them illegal immigrants from Bangladesh and has
withdrawn citizenship rights from the Rohingyas. This has forced
Rohingyas
to
flee
to
other
countries.

4.

Climate Change - Low lying island nations are threatened by rising

sea levels and forced to leave their countries. Such refugees are known
as Environmental refugee.

Consequences
1.

The refugees also have an impact on the economy and society of

their host nations. Large number of refugees can have a devastation
impact on the host nation. The Indo-Pak war of 1971 was caused
primarily
due
to
the
refugee
problem.

2.

Large number of refugees actually loses their lives while trying to

reach
different
countries
which
might
take
them.

3.

They could be used by terrorist organisations, sex or slave trade

etc., thus denial of basic human rights, disruption of global peace

4.

Pressure on neighboring countries e.g.: Around half of the

population in Syria got displaced and most them have entered into
Turkey,
Jordan.

Remedies:
1.

The UN High Commissioner for Refugees (UNHCR) must be

empowered with budgetary resources to tackle the problem at a war
footing.

2.

All states should put in place comprehensive refugee policy to avoid

ad-hoc
measures
in
line
with
the
UN
convention.

3.

Moral and diplomatic persuasion to stop persecution and promote

reconciliation among stakeholder in various countries such as
Myanmar, Pakistan and Bangladesh to avoid migration of people.

4.

Diplomatic pressure from powerful nations and organisation such as

UNHCR as seen in recent cases where Indonesia and Malaysia have
accommodated
refugees
on
temporary
basis.

It has to be accepted that there is a glaring failure in dealing with refugee

problem at the global level. There is a visible apathy on the part of big
powers to see this as a humanitarian crisis. This apathy is one reason why
many Rohingyas died enroute rowing while fleeing from Myanmar to
countries like Malaysia and Australia. Silver lining is that there is already
established institution in the form of UNHCR to deal with the issue. But it
has
to
be
given
more
teeth
and
power.
[Richer countries in the west and Asia-pacific should find more room for
refugees in order to share the burden more equitably as at present, 86 %
of all the refugees are in developing countries which lack infrastructure
and resources to tackle the challenge. There has to be more meaningful

efforts, driven not by merely geopolitical calculations, but by moral,

humanitarian conviction to solve the crisis.]
What are the problems faced by Rohingya minority community in
Myanmar and what should be India's response to this crisis?
The Rohingya are a Muslim minority ethnic to Myanmar living in northern
Arakan/ Rakhine State in the western part of the country. Despite
numbering at about 1.33 million, Myanmar's citizenship laws deny them
citizenship rights and treat them to be illegal immigrants from
Bangladesh. As a consequence, for years this community has been at the
receiving end of discrimination and persecution within Myanmar at the
hands of the Buddhist majority.
In order to escape this persecution and to search for a better life, the
Rohingyas try to enter the neighbouring countries including Bangladesh,
Indonesia, Malaysia, Thailand and India via land/sea routes. However, on
account of their statelessness, most countries are reluctant to consider
the Rohingyas as refugees and often label them as economic
migrants. They are, in fact, forcibly pushed back by these states as they
are often considered to a socio-economic and security threat. This
international isolation makes the Rohingyas vulnerable to a wide variety of
human rights abuses including - trafficking, prostitution and forced labour.
India unlike the other regional powers, has taken a humanitarian approach
to the influx of the Rohingyas. In fact, alongside Malaysia, India is the only
country in the region which grants refugee status to Rohingyas. While,
some Rohingyas has managed to enter India undetected via Bangladesh,
a vast majority are detained under the Foreigners Act, 1946 and are sent
to the Tihar jail, over which the UNHCR has jurisdiction. After due
processing, they proceed to a refugee camp in Jammu.
However, the regular influx will eventually give rise to logistical problems
for India, for it doesn't have the resources to house a large number of
Rohingyas. India being non-signatory to UN Convention relating to the
status of Refuges, Government deals on case to case basis. Majority of
them living in refugee camps with inhumane conditions and some NGOs
voluntarily helping them out.
The Rohingya problem, if not immediately solved, can have repercussions
for the entire region. On account of being unemployed, the Rohingya
youth remain in a state of frustration and this could provide fertile
grounds for indoctrination by militant outfits.
The need of the hour calls for international cooperation. In the short term,
first step would be to recognize the refugee status of the Rohingyas by all
regional powers. This is to prevent crisis such as the recent on, where a
boat with hundreds Rohingyas on board was found drifting in high sea

because no state in the region is willing to accept them. In the long term,
the international community needs to make Myanmar aware that the
responsibility of the Rohingyas' safety and welfare lies on it.
"Vulnerable people around the world are moving in search of
safety and dignity, fleeing persecution, abject poverty,
deprivation, discrimination and abuse." Elaborate and suggest
what needs to be done by international organisations and nearby
countries. (200 Words)
Rise of terrorism and persecution (IS), ethnic discrimination (Rohingyas),
wars (Syria, palestein, yemen) etc. forcing thousands of people in search
of shelter, dignity, safety and security. In the absence of any strong
political support within their own countries, huge responsibility lies with
international organization, neighbouring countries and regional powers.
1.

Neighbouring nations may share the responsibility through dialogue

for providing immediate shelter to refugees since it would be difficult
for any one nation to absorb all of them. ASEAN nations may well
leverage their economic position to push Myanmar for a settlement in
the Rohingya problem.
2.
Since nations are dependent on their neighbours for trade,
investment, international transit route etc. this can be used to solve
the crisis.
3.
Regional powers, with immense economic clout and dependence of
the nations on them for economy and security, may leverage their
position. Pressure from USA and western powers will accelerate the
solution of long festering palestein problem.
4.
International organisations like FAO, UNICEF, WHO etc. should
provide immediate humanitarian assistance. UN should put moral
pressure on international community to use their financial and
diplomatic position to solve the crisis.
It's time for a global convention for a policy towards international refugees
and institutional mechanism to deal with the issue.
SOUTH CHINA SEA

Context:

South China Sea is resource rich and it is contested by China and

other South East Asian Countries.

It is one of the busiest maritime route generating lots of revenue

Some islands are claimed by different countries based on their own

interpretation of history

Disputes in South China Sea are fight mainly between China,

Philippines, Vietnam over the territorial sovereignty in South China Sea
along with other atolls, reefs and rocky outcrops

Chinas claim:
China says that major portion of these islands belong to them
as part of the historical events and area defined by Nine Dash Line
o
China has started building artificial islands and even strategic
runways for mobilising its air force from these islands
Chinas claim overlap the South China Sea areas of different
claimants countries, that involve Brunei, Vietnam, Philippines, Taiwan
and Malaysia
India's stand:
o
India supports freedom of navigation based on international
principles
o

Case under International Tribunal for the Law of the Sea:

Philippines has gone to International Court of Arbitration against

China's claims

Beijing insists that Manilas case is an issue of territorial sovereignty

over which the tribunal has no jurisdiction

Manila complained under the 1994 UN Convention on the Law of the

Sea ratified by both nations.

It says a country has sovereignty over waters 12 nautical

miles from its coast, control over economic activities in waters on its
continental shelf and up to 200 nautical miles from its coast.

Chinas nine-dash line includes waters beyond these zones.

What Permanent Court of Arbitration has said about the issue?

There was no legal basis for China to claim historic rights to

resources within the South China Sea areas falling within the nine-dash
line

China has violated the Philippines sovereign rights and also caused
severe harm to the coral reef environment by building artificial islands
in South China Sea

Chinas rights are incompatible with the exclusive economic zones

(EEZ) provided in the UNCLOS
What is China's response to this ruling?

China has declared that the award is null and void and has no
binding force

It attributed the current crisis in the South China Sea mainly to the
U.S.s rebalance doctrine that has caused it to position forces in the
area

China is planning to setup an air defence zone in the South China

Sea after which international flights flying over the waters would be
required to notify China
What happens next?

While the findings are legally binding, UNCLOS has no enforcement

body and legal experts say it remains unclear what can be done when
China ignores the ruling

Why ASEAN as an organisation is not able to resolve the issue?

Not all 10 ASEAN members are claimants to the South China Sea.

Members of ASEAN have overlapping claims among themselves.

China believes in bilateral discussion of South China Issue

Because of its economic and military power, China has been able to
win over some ASEAN members

There is no single country in ASEAN party to the South China Sea

disputes that is capable of challenging China individually

This is an important reason why ASEAN has welcomed the role of

the United States as a power balancer on the issue
In recent months, USA is responding to regional anxiety in South
China Sea region by conducting joint naval patrols and exercises
with countries that are wary of Chinas growing assertiveness and
militarisation in the region. Do you think it is good for regional
stability? Should India also involve in these exercises? Comment.
(200 Words)
South China sea has been witnessing tensions between China and other
countries for some time now. The assertion of China has been responded
back by US in sending the aircraft carriers in South China sea and conduct
of joint naval exercises in name of freedom of navigation.
Positive aspects:
1.
All nations are small and cannot match to Chinese might on their
own
2.
US venturing postures good for India as China had been venturing
into Indian Ocean by String of Pearls and Maritime Silk Route
3.
it is an open secret that China harbours expansionist tendencies but
wishes others to follow One China Policy
4.
China and US are anyways competing over TPP v/s RCEP which
targets SE Asia
5.
India and US have asserted navigability and flight over SCS which is
open sea as per globally accepeted standards.
Negative aspects:
1.
South China sea is the main gateway of trade in the world.
Increased militarization would affects trade in the already bleak future
of world economy.
2.
The militarization would enhance the defence budgets of all parties
in the dispute and may result in arms race which world could not
afford.
3.
Since the conflict involves nuclear states viz., China and US. The
possibility of nuclear strike could not be ignored.

4.

Increased militarization would affect the domestic economies of the

parties in dispute which may affect global trade.
5.
Region of Indian Ocean to SCS is seeing growing conflicts and
human rights violation like Rohingyas, rogue states may be drawn like
North Korea, one upmanship may force to install pirates as puppets and
destabilise economy.
India should:

continue with its economic and diplomatic interests,

maintain self-dependent naval might,

conduct joint exercises in Indian Ocean,

be ready to put pressure on Malacca passage,

hydrocarbons deal with Vietnam as China is doing CPEC in PoK,

engage China positively on other fronts like RCEP and

push for global consensus on the SCS.

South China Sea Framework:

China and ten member countries of Association of Southeast Asian

Nations (ASEAN) have agreed to form a framework for a code of
conduct to ease tension in disputed South China Sea.

To be established by mid-2017

China-ASEAN hotline for use during maritime emergencies

SYRIAN CRISIS
India position -- Long term solution can come via Geneva Talks.
The Geneva Communique issued in 2012 calls for the establishment of a
transnational governing body in Syria with full executive powers that could
include members of the government and opposition, and should be
formed on the basis of mutual consent.

Ever since the Syrian civil war broke out in 2011, there were no
meaningful international efforts to find a political solution to the crisis.
Instead:
(1). regional powers turned Syria into a geopolitical battlefield. Rich Arab
countries such as Saudi Arabia and Qatar supported different rebel
groups against the regime because they wanted President Bashar alAssad, an ally of Iran, to be toppled.
(2). Turkey, driven by its regional ambitions, also threw its weight behind
the rebels and kept open its long border, through which fighters could
cross into Syria to join the war.
(3). Western powers such as the U.S. and Britain joined the regime
change chorus and offered support to the rebels.

This drive failed to oust Mr. Assad, but has destabilised Syria, leading to
the rise of terror groups such as Islamic State. Its already too late now to
find a political solution. IS controls almost half the country and it is trying
to advance into areas controlled by the regime. If that happens, the
humanitarian situation in Syria will worsen, triggering a further refugee
exodus. To stop that from happening, regional heavyweights such as
Turkey and Saudi Arabia and their backers in the West should reverse their
policy towards Syria. They should rein in the rebels they bankroll and
directly engage with the Assad regime to push for talks. Mr. Assad has to
be blamed for the excessive use of force against his people. But he still
controls the most populous areas of Syria and rules from Damascus, the
seat of power. Mr. Assad clearly has to be an integral part of any future
plan for Syria.

__

Migrants vs Refugee

Migrants --> migrate willingly for better prospects of life. Do not have
legal protection
Refugee --> migrate unwillingly due to harsh realities in source nation like
armed conflicts, internal turmoil and situations involving gross and
systemic violation of human rights. Refugees enjoy certain protection
under law, such as safety from deportation to the country here they face
persecution; protection of basic human rights without racial or religious
discrimination, or of national origin; access to fair and efficient asylum
procedure; provision of administrative assistance

____
Power vacuum created in some countries of the Middle East and North
Africa led to the creation of anarchic areas which immediately started to
be filled with extremists and terrorists.

Turkey border are porous through which oil is exported by IS.

Individual jihadi donations by Arab Sheikhs.

UK REFERENDUM BREXIT

What is Brexit?
An unofficial word given to the exit of Britain from EU. Referendum to
leave European Union(EU) was held on June 23. UK has decided to leave
EU.
Britain = England+Scotland+Wales
UK = Britain + Northern Islands

Is this the first such referendum?

No, this is the second referendum on Britains relationship with the

European project.

In 1975, in a referendum on whether the U.K. should stay or leave

the European Community (Common Market) Area, the country voted for
staying in with a resounding 67.2 per cent vote.
What is referendum?
A referendum (in some countries synonymous with a plebiscite or a
vote on a ballot question) is a direct vote in which an entire electorate is
asked to vote on a particular proposal. This may result in the adoption of a
new law.
Why demand for Brexit?

People who are disadvantaged and feel left behind after the Britain
collaboration with EU

Trade and immigration policies on EU terms does not help many in

Britain

Limited trade and commerce: UK's relation have remained limited

within EU group and have been unable to progress on bilateral
agreements with China, India etc.

Multiplier -ve effect of Greece crisis to UK's economy: Refugee

absorption has resulted in stress on natural resources utilization of
developed economies like UK
Its possible impacts:

It will hurt Britains export competitiveness

Markets access to Europe will be hard to negotiate and Britain would

have to adhere to quality and product regulation of EU, in the context
of China, Chinese products, due to their quality and price have more
penetration in markets like EU

London trade market, where trade in euro transactions are more, it

would place London in a weaker position being outside of EU

London where more people in banking, finance and insurance are

from outside the country would reduce because then they will no
longer be able to take their pension rights and other conveniences that
a single labour market provides

Seceding from EU, Britain would appear weak in its military prowess
and its diplomatic relations, UK will remain member of NATO
What can be the possible impact on India?
Positive Impact:

Access to UK market : With the exit, Britain will have full control
over its economic policy and thus will act as a facilitator for Indias
easier access to its market

Investments : Britain on a lookout for partner countries after the

exit, would find India a bright spot in the slowing world economy.

Possibility of Bilateral Free Trade Agreement : The EU- India

FTA is stuck for years and with the Brexit a possibility of entering into
Bilateral FTA with the country will open up

Relaxation from the strict quality standards that EU currently

imposes which has resulted in bans on Indian products like mangoes in
the past in the Union.

Indian labour : Britain's industry and economic growth has

benefitted from the large number of immigrants it receives due to EU
refugee policy. Once the exit happens, the country will face labour
shortage which could be filled by Indian labour market.
Negative Impact:

Short term effect : Global currency volatility will affect Indian

rupee as well hampering Indias trade

Immigration controls : UK might implement immigration controls

affecting large number of Indian diaspora in the country

Would become tough for India to balance the relations between the
EU and Britain

EU countries will start imposing tariffs on British products, making it

far less attractive for Indian businesses like Tata Motors to have a
manufacturing base in the U.K
The United Kingdom, under the present government, wants to
either exit the European Union (EU) or wants to get more
autonomy from the EU. Why does UK wants to exit EU? Examine
possible implications for India if this happens. (200 Words)
The recently concluded elections in the UK returned the conservative
party back to power after it had promised to hold a referendum on
Britain's exit from the European
Union, termed 'Brexit', by 2017. The reasons behind British demand for
more
autonomy or outright secession from the EU are as follows:
1.
The UK contributes between 8 to 20 billion pounds to the EU budget
every year. This is a very big amount and resented by a lot of people.
2.
EU has laid down regulations on a number of issues like
immigration, agricultural standards etc. which conflicts with the
sovereign rights of the member countries.
3.
Immigration, in particular, especially from the eastern European
nations has been a major problem for the UK and it has not been able
to control it due to EU regulations.
India is a former colony of the UK and has close relationship with its
former ruler.
Any change in British policies will have a major impact on India. 'Brexit'
can
impact
India
in
the
following
ways:
1.

India has not had very good relationship with the EU. As Britain
moves out of EU, India could strengthen trade relationship with Britain.

2.

Such a move might lead to Scotland also seceding from the UK as it

wants to remain a part of EU. Hence, India would have to recalibrate it
relationship with all the members of the UK.
3.
Since a major reason behind the British desire to exit EU is the
immigration policy of EU, after exiting, Britain might have a very strict
immigration policy. Since many Indians also move to Britain for studies
and employment, this can have a large impact on India.
4.
India will also need to renegotiate all trade deals with the UK as its
previous deals with the EU would no longer apply. Hence, there will be
uncertainty in the business environment.
The prospect of 'Brexit' has terrified a lot of people. Not only will it lead to
a lot of
problems for the British people, but it also sets a precedent in
international relations, which could be applied to other treaties as well. In
the interest of stability, it is imperative that Britain and EU are able to
resolve their differences as early as possible.
VENEZUELA COLUMBIA BORDER ISSUE

Attack on Venezuelan Anti-smuggling patrol --> President of Venezuela

blames Columbian right-wing and close key border crossings.

Both countries recalls there Ambassador. State of emergency declared in

both countries. Deployment of troops on border.

Meeting held and decided to Restore Diplomatic Dialogue.

Why is the border of Concern? Safe Haven for Columbia's guerilla groups
and smugglers, who often extort locals. Smuggling causes severe
shortages of basic goods in Venezuela.

Why smuggling rampant? Venezuela's Oil Wealth fund controls and keeps
prices of goods lower (10 times cheaper than in Columbia). Thus leading
to smuggling.

WORLD TRADE PATTERN

It is said that the world is witnessing a shift in trade pattern

driven by various factors. Analyse this shift and examine what
this shift implies for India. (200 Words)
The

Shift

Post 2008 Sub-prime crisis, Keynesian macroeconomics model

entailed in the US, which is [was] based on improving the demand,
which encompassed massive bond buying and cheap money
quantitative easing programme. And similar Suit is followed by
Eurozone and Japan. This Resulted in Strengthening Rupee in respect
to various currencies"
Powerhouse of Trade China has been showing decreasing trade
numbers, both in exports and imports. Such is also affecting those
economies like Australia and brazil from which "raw material " was
sought by china
Now Meanwhile Commodities priced mainly energy viz. oil have
plummeted Hence it affected such Oil based economies. In this
scenario with greater money availability in those advanced economies
and lower value of Energy products have caused accumulation of
Surplus viz. Germany which is approx. 7-8% of GDP.

From past experiences, such surplus will be re-invested in "emerging

World"
The
Shift
and
its
Meaning
to
India:

Greater foreign investment

Well timed Diplomacy of Indian prime minister in his recent German
visit
Low Chinese trade number can help increasing Indian's export
competitiveness
Just with Conducive trade environment and red carpet and not red
tape can help in gaining from this environment
Rupee is strengthened as a result of past quantitative easing in
Advanced economies. Slight moderation and Watch over Yuan can help
boost the Indian economy

INTERNATIONAL INSTUTUES AND TREATIES

APEC

Basics of APEC:

The Asia-Pacific Economic Cooperation (APEC) is a regional

economic forum established in 1989 to leverage the growing
interdependence of the Asia-Pacific

APECs 21 members aim to create greater prosperity for the people

of the region by promoting balanced, inclusive, sustainable, innovative
and secure growth and by accelerating regional economic integration

The 21 members of the APEC forum, which comprises countries

bordering the Pacific Ocean including the U.S., China and Japan,

account for about half the worlds trade and almost 60 per cent of
global GDP
Analyse how APEC membership will benefit India's interests? (200
Words)
Asia Pacific Economic cooperation is a forum of 21 Pacific Rim member
countries which
seeks
to
promote free
trade
and
economic
cooperation throughout
the
Asia
Pacific
Region.
.
APEC seeks to promote trade and commerce between the members. In
this perspective it provides a great opportunity for the country citing the
recent upward trends in Indian economy and reforms like Make in
India etc. which will be requiring foreign markets to tap the full potential
and further build upon it by importing advanced technology from some
member countries who excel in it. Also it will fuse in the required capital
for industrial growth via the FDI route. This increased trade will not only
show positive balance of trade but will also create employment
opportunities in the country resulting into all round economic
development.
On other aspects APEC also provides with an chance to explore more oil
and gas reserves both for import purposes as well as exploration(ONGC
Videsh).Further APEC also works to raise living standards and education
levels through sustainable economic growth which is badly required in the
country citing the poor standards and 1/4th of the country's population
still
being
illiterate.
Further it will also strengthen India Look east policy by strengthening
relations with countries like Philippines, Vietnam, Japan etc. This along
with better economic relations with China can put pressure on them to
resolve the border issues with India. At the same time New Delhi needs to
be alert that it is not being used by Beijing to counter the Washington led
less inclusive Trans-Pacific Partnership and its domestic conditions are not
being
exploited
by
other
countries.
Being a member of APEC is a win-win situation for India which needs to be
utilized carefully to build upon its trade prospects and improved bilateral,
multilateral relations with member countries.
What is the status of India's membership?

India had applied for APEC membership in 1991 on the basis of its
geographic location, potential size of the economy and degree of trade
interaction with the Asia-Pacific.

However, at the fifth APEC Leaders meeting in Vancouver in 1997, a

decision was taken to place a ten-year moratorium on expanding
membership, which continues informally till date.

India is engaging with APEC member countries to develop a

consensus on lifting the informal moratorium on accepting new

members and to actively push for Indias candidature for membership

of APEC
On bilateral level, India has pursued every member and they favour
India's inclusion in APEC, including USA, Japan, China and Russia.

Where are things stuck now?

APEC members wants India to commit to binding concessions which

are not in favour of India
BILATERAL INVESTMENT TREATY

A BIT is a treaty between two countries that sets out to provide certain
basic protections to the investors of one state investing in another. For
instance, most such treaties provide investors a guarantee of fair and
equitable treatment the clause, to draw an analogy from constitutional
law, is broadly akin to the right of equality and protection against arbitrary
state action.

Also have MFN provisions, which guarantees an investor a treatment not

less favourable than a treatment afforded to any other investor claiming
rights under any other BIT.

It was only in end-2011 that India faced its first adverse arbitral award
arising out of a BIT in the White Industries case. White Industries, an
Australian entity, succeeded in obtaining a foreign arbitral award against
Coal India Ltd. White Industries had initiated proceedings for enforcement
of this award before Indian courts and for about 10 years, the said
proceedings did not progress. White Industries argued that it had been
denied effective means of enforcing its rights in relation to its
investment, a protection incorporated into the India-Australia BIT by virtue
of an MFN clause it contained. The arbitral tribunal accepted the plea and
India was forced to pay a huge price for the delays caused by its judicial
system.

Several other companies have filed similar suites after that. Indian
government is staring at an enormous liability arising out of these
actions.

As a reaction government wants to renegotiate BITs and a model was

drafted for renegotiation. Model protects interests of state and
have following features:

a) providing an extremely narrow definition of investment

b) deleting the MFN clause
c) providing for the exhaustion of remedies on the one hand and for the
decision of the court to be binding on the arbitral tribunal on the other and
finally
d) by providing for a number of exceptional self-judging state actions,
which would not be within the purview of challenge before an arbitral
tribunal set up pursuant to the dispute resolutions contained in the BIT.

Law Commission of India has provided his inputs and suggested a

balanced approach between states and investors interest. It
recommends:
(1). modification from a highly narrow enterprise-based definition of
investment to a broader and universally accepted asset-based
definition. An enterprise-based definition would mean that a foreign
investorwho did not set up an enterprise in India to carry on business
would have absolutely no protection.
(2). LCI reiterates the stand adopted in the Model Draft that the MFN must
not be incorporated since India might chose to provide differential benefits
to trading partners based on the extent of incoming investment from a
country.
(3). LCI encourages the incorporation of a denial of benefits clause,
wherein an investor is denied the benefits of a treaty should it be involved
in corrupt practices or should it act contrary to the laws of the country.
(4). Model Draft contained general exceptions with a long list of
permissible objectives such as public health, environment, public order,
public morals, improving working conditions, ensuring the integrity and
stability of the financial system, banks and financial institutions etc., and
it provided that any measures which the state considered to be in
furtherance of the above objectives would not be subject to scrutiny
before
an
arbitral
tribunal.

While having a set of exceptions is internationally recognised and is in

furtherance of sovereignty, the provision in the Model Draft provided the
state with the authority to self-judge, that is, to determine if a measure
would fall within the exception and not be subject to a challenge. The LCI
has suggested that the said provision be re-drafted so as to not be selfjudging.

CTBT

India should sign because:

(1). to respond to global developments in nuclear disarmament and arms
control as a responsible stakeholder in the non-proliferation regime
(2). to negotiate Indias entry into the global nuclear order
(3). to revive Indias long-forgotten tradition of campaigning for global
nuclear disarmament.

By signing the CTBT, India could signal its intent to help revive the global
arms control and disarmament momentum, despite being a nuclear
weapon state, thereby once again becoming part of the global
disarmament movement which it once was

Resistance to CTBT does not need to continue anymore given that

India does not intend to conduct any more tests (as declared in its
unilateral moratorium on nuclear tests). Hence accession to the CTBT can
be used as a bargaining chip to mainstream itself into the nuclear order.

Once India signs the CTBT, some of the other hold-out states are likely to
follow, such as Pakistan. Others like the U.S. (whose Senate is blocking the
ratification though the U.S. government has signed it) and China would
also come under pressure to accede to it. Thus India will be able to
reverse the current non-proliferation pressure which makes sense not only
from a strategic point of view but also from a normative perspective.
Signing the CTBT, then, is in Indias enlightened self-interest.

Why non-proliferation is failing?

most of the NPT regimes key pillars non-proliferation, nuclear

disarmament, and the peaceful uses of nuclear energy are under
immense stress, contributing to a systemic crisis.
Post the 2015 RevCon, both the nuclear-weapon states (NWS) the U.S.,
U.K., France, Russia, and China of the NPT and the disarmament
enthusiasts among the non-nuclear-weapon states (NNWS) seem to have
run out of ideas on how to revive the global nuclear order.

(1). Negotiations on fissile material cut off treaty was blocked by Pakistan
(2). CTBT is losing steam due to lack of enthusiasm by USA
(3). The primary reason behind this system failure is the unkept promises
by the NWS on the issue of global nuclear disarmament. The lack of any
progress on Article VI of the NPT, which deals with nuclear disarmament,
remains a stark reminder of the lopsided and flawed nature of the global
nuclear order.
(4). The complete absence of any progress on the grand bargain (that
the NNWS would not make nuclear weapons and the NWS would
eventually abolish the weapons they have) that lay at the heart of the
NPT-led non-proliferation regime, has eroded the normative core of the
global nuclear order.

Moreover, there is an unhealthy shift in the contemporary nonproliferation agenda. From the traditional concerns of non-proliferation,
nuclear disarmament, and the peaceful uses of nuclear energy, the focus
today has shifted to counter-proliferation and nuclear security, primarily
due to concerns about nuclear terrorism and the physical security of
nuclear material. It is likely that future state-sponsored non-proliferation
initiatives would eschew disarmament but deal with counter-proliferation,
with an emphasis on the potential use of force.

View against India:

Many of the promoters of the Humanitarian Initiative view Indias
exceptional treatment by the contemporary nuclear order as setting an
unhealthy precedent and damaging to the normative framework of the
nuclear order. Moreover, given the potential of the Humanitarian Initiative
to drastically alter the traditional non-proliferation agenda, Indias desire
to be accommodated in the global nuclear order is bound to hit major
roadblocks.

India's entry in NSG and MTCR is difficult due to this opposition of

exceptions given to India.

India and Nuclear disarmament

(1). India proposed an end to nuclear testing in 1954 after the U.S.
nuclear testing in Bikini Atoll
(2). India signed the Partial Nuclear Test Ban Treaty (PTBT) in 1963
(3). Rajiv Gandhis impassioned plea to the U.N. General Assembly in 1988
for phased nuclear disarmament.
(4). India played a key role in the negotiations to establish the
International Atomic Energy Agency (IAEA) and actively participated in the
negotiations on the NPT, but decided not to sign when it became clear
that it would become an unequal treaty.

Indias current engagement with the international nuclear order can be

described as its second coming, after its anti-nuclear activism from the
1950s to the 1980s. From being vehemently opposed to nuclear weapons
and any less-than perfect nuclear treaty, India today is open to
negotiating a Fissile Material Cut-off Treaty (FMCT) and is no longer as
opposed to signing the CTBT as it was in the mid 1990s.

Examine why India is still opposed to the Comprehensive Nuclear

Test Ban Treaty (CTBT). Do you think India should change its
stance on the treaty? Explain why. (200 Words)

Indias opposition to signing the CTBT is counterintuitive in the sense that

it was one of the first nations which appealed for a global immediate
Standstill Agreement against nuclear weapons testing and had played an
important role in building international consensus for the 1963 Limited
Test Ban Treaty. However, it decision against signing the CTBT is based on
the argument that the treaty is of a discriminatory nature.
Indias concerns arise from the fact that the CTBT bans all nuclear
explosions but is silent on the issue of nuclear disarmament, which is
essentially necessary to ensure a nuclear arms race. Also, the treaty is
discriminatory in the sense that countries like USA, Russia and China had
already conducted numerous tests before signing the treaty. Security
concerns against adversial countries like China and Pakistan have also
prompted India to maintain a strategic weapons programme.

Indias stance on the CTBT has been largely diluted due to the signing of
the 123 Agreement with USA, as the provisions of USAs Hyde Act
effectively bans all testing for entry into the NSG, and the IAEA Safeguards
Agreement through which India accepts implicit and irreversible curbs on
its
weapons
programme.
Signing the CTBT would benefit India with a relative pointless moral
victory. However, Indias stellar track-record on issues of non-proliferation
and peaceful usage of nuclear technology is sufficient to ensure that it is
considered a responsible nuclear armed country even while keeping the
option of pursuing a weapons programme in the future to protect our
sovereignty if the need arises.

COMPREHENSIVE CONVENTION ON INTERNATIONAL TERRORISM (ccit)

CCIT is a draft proposed by India in 1996 that is yet to be adopted by the

UNGA.
What does it call for?

Universal definition of terrorism: no good terrorist or bad terrorist.

Ban on all groups regardless of country of operation, cut off access

to funds and safe havens.
Prosecution of all groups including cross border groups.
Amending domestic laws to make cross-border terror an extraditable
offence.
It also addresses, among other things, the issue of Pakistans
alleged support for cross-border terrorism in south Asia.

Concerns expressed by various countries:

US + allies: concerns over definition of terrorism, including acts by

US soldiers in international interventions without UN mandate.

Latin American countries: concerns over international humanitarian

laws being ignored.

There are also concerns that convention will be used to target

Pakistan and restrict rights of self-determination groups in Palestine,
Kashmir etc.
DIPLOMATIC IMMUNITY SAUDI DIPLOMAT RAPE CASE

Rules regulating the conduct of diplomatic agents is codified under

the Vienna Convention on diplomatic relations (1961). They are:

Under Article 29 of the Vienna Convention the Diplomat

enjoys complete immunity against arrest or detention.

Under Article 29, the person of a diplomatic agent shall be

inviolable. He shall not be liable to any form of arrest or detention. The
receiving State shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his person, freedom or
dignity

A diplomat enjoys immunity from the criminal jurisdiction of the

receiving State.

The immunity of a diplomat from the jurisdiction of the receiving

State (India) does not exempt him from the jurisdiction of the sending
State (Saudi Arabia) .

Waiver of immunity The immunity of diplomatic agents may be

waived by the sending State. While waiver of immunity in criminal
cases is not common, it is routinely sought but rarely granted.
So the only option with India is to declare the diplomat a Persona non
grata.
India has a moral and legal responsibility to get to the bottom of the case.
At the same time it is time for the international community to re-visit the
Vienna Convention, which offers a high degree of legal protection to
diplomats and their families in the countries where they are posted. The
convention was meant to enable diplomats to carry out their duties
without obstruction in the cold war environment. Using its provisions to
save diplomats facing charges of heinous crimes such as enslavement and
rape cannot be justified under any circumstances.

G4

India, Brazil, Germany and Japan

2004
Campaigning for U.N. Reforms, including more representation for
developing countries, both in the permanent and non-permanent
categories, in the UNSC
France supports inclusion of G4 and an African representative as
permanent member with no objection to the veto power being
extended to new permanent members. UK supports G4 as new
members but without veto power.

G20
Highlights of 2016 summit:

G-20 leaders have pledged to continue to work for a globally fair

and modern international tax system, foster growth and refrain from
competitive devaluation of currencies.

They will continue the work on addressing cross-border financial

flows derived from illicit activities, including deliberate trade misinvoicing, which hampers the mobilisation of domestic resources for
development.

They vowed to go ahead on the ongoing co-operation on Base

Erosion and Profit Shifting (BEPS), exchange of tax information, tax
capacity-building of developing countries and tax policies to promote
growth and tax certainty.

They also vowed to use all policy tools to achieve the goal of strong,
sustainable, balanced and inclusive growth. T

hey agreed at the summit that refugees are a global issue and the
burden must be shared.

They called for strengthening humanitarian assistance for

refugees.
Possible dimensions:

Is G20 relevant in present global context?

Is G20 able to tackle present global issues? How?

HAGUE ABDUCTION CONVENTION

The Hague Convention on the Civil Aspects of International Child

Abduction or Hague Abduction Convention is a multilateral treaty
developed by the Hague Conference on Private International Law (HCCH)
that provides an expeditious method to return a child internationally
abducted by a parent from one member country to another.

The Convention entered into force between the signatories on 1

December 1983.

The Convention was drafted to ensure the prompt return of children

who have been abducted from their country of habitual residence or
wrongfully retained in a contracting state not their country of habitual
residence.
The primary intention of the Convention is to preserve whatever
status quo child custody arrangement existed immediately before an
alleged wrongful removal or retention thereby deterring a parent from
crossing international boundaries in search of a more sympathetic
court.
The Convention appliesonly to children under the age of 16.
94 states are party to the convention. Philippines is the latest
country to accede to the convention.

Why in news?

The United States has urged India to join Hague Abduction

Convention to safeguard the rights of children born to Indian-American
couples

Almost a hundred children born to Indian-American couples are

facing an uncertain future due to the trauma of separation of their
parents and the complex legal issues involved
IBRD

18/04/2016

The International Bank for Reconstruction and Development (IBRD)

is an international financial institution that offers loans to middleincome developing countries.

HQ in Washington DC
ICC

This body (International Criminal Court) represents no one. It is a

political body. There are quite a few countries that also think
there is no justification for this body's existence. Critically
evaluate the given statement. How does ICC differ from ICJ? (200
Words)
There is a wide difference between ICJ and ICC, which makes ICC a dwarf
body
in
International
Politics.
Features
1.

2.
3.

of

International

Court

of

Justice ICJ

It is the primary judicial branch of United Nations and settles legal

disputes and provides advisory opinions submitted to it by its member
states.
ICJ
is
a civil
court.
UNSC

enforces

its

courts

rulings.

International
Court
of
Justice
is
one
of
the
most
important guarantors of peace, security and co-operation among

states.
4.

Funded by UNGA, all UN members are also member of ICJ.

Features

of

International

Criminal

Court ICC

1.

It was set up after the ad hoc tribunals to deal with Rwanda war
crimes proved ineffective. ICC is a criminal court. But most nations are
not a signatory to ICC including India, China, USA, Russia.

2.

ICC is based on the principle of complementarities. ICC was not

created to supplant the authority of national courts. However, when a
states legal system collapses or when a government is a perpetrator of
heinous crimes, the ICC can exercise jurisdiction. ICC is a court of last
resort.

3.

ICC ensures that those who commit serious human rights violations
are held accountable. Justice helps promote lasting peace, enables
victims to rebuild their lives and sends a strong message that
perpetrators of serious international crimes will not go unpunished.

4.

Funded by contribution from state parties to the Rome Statute;

voluntary contributions from the U.N; voluntary contributions from
governments, international organizations, individuals, corporations and
other
entities.

From above mentioned differences it believed that ICC ruling are not
binding on any state except parties, while UNSC is bound to judgement of
ICJ. Thus there is wider scrutiny of ICJ then ICC. So, importance of ICC for
many countries is not visible.
-----Recently ICC decided to open a preliminary examination of alleged war
crimes committed during Israels military offensive on Gaza in June
2014. This decision of the ICC follows Palestines accession to the Rome
Statute earlier this month and its acceptance of the jurisdiction of the ICC
over crimes committed in the occupied Palestinian territory, including
East Jerusalem, since June 13, 2014.
Palestinian President Mahmoud Abbas as well as Hamas have welcomed
this move, while Israel, which has signed but not ratified the Rome
Statute, has strongly denounced it.
Some of the points of criticism against the ICC are in fact valid.

These are that the juridical nature of the ICC tends to hinder the
peace process rather than build it, and that with an arguably grim
record the Court has been ineffective and slow in investigating crimes.

Also, Israel claims to be fighting the war against Hamas that it

considers a terrorist organisation; so the move of the ICC, it argues,

amounts

to

an

absurdity.

Such reasons, although partly true, still do not trump the need for an
international criminal justice system to adjudicate war crimes.

First, the role of the ICC must be clearly understood. The ICC is not
meant to be a political body mediating a peace process; it is envisaged
as a judicial body meant to end impunity and hold accountable those
who have committed the gravest of crimes. Given this, even if the ICC
may harm a peace process, which in the case of Israel-Palestine is
anyway in deadlock, the politics of peace cannot prevail over justice,
accountability for heinous crimes, and the upholding of dignity,
womens rights and other human rights.

Second, even if the ICC is a slow and ineffective mechanism, holding

those responsible for human rights violations in war crimes is
necessary.

Third, the investigation is against any person who may have

committed war crimes during the conflict. So, both Hamas and Israel
would be under the ICCs investigation.

A fresh appeal to the Security Council has been made to refer the
Islamic State to the International
Criminal Court (ICC) to prosecute it for its crime against
humanity. Examine the structure and mandate of
ICC and explain why referring to it cases such as Islamic States
crimes is sought for. (200 Words)
International Criminal Court (ICC) is the permanent, treaty-based (Rome
Statute) court of last resort for
handling charges of genocide, crimes against humanity and war
crimes. As an independent intergovernmental organization currently
having 123 state parties, its legislative body Assembly of State Parties has
representatives
from
each
of
these
states.
Structure: ICC has 4 principal divisions:
1.

Presidency - senior most judge chosen by peers in Judicial Division

that hears cases before the Court,
2.
Judicial Division
3.
Office of Prosecutor - investigates crimes and initiates proceedings
against judicial division.
4.
Registry - for administrative functions of ICC.
As for Islamic State, its brutality and ruthless killings in Iraq and Syria has
led to voices in support of
resolution of such cases through ICC. Its inhuman atrocities like:

Purging of ethnic groups like Yazidis,

Beheading of journalists and aid-workers,

Executions, rapes, forced conversions, torture,
Systematic destruction of historic shrines.

As all these acts come under categories of cultural genocide, war crimes
and crimes against humanity, it
demands swift action from the ICC, which on its part, also needs to shed
its image of being biased against
Africa and gain wider legitimacy.
ICJ
Examine the scope and significance of the International Court of
Justices (ICJs ) jurisdiction. Also examine how has India
benefited
from ICJ. (200 Words)
The International Court of Justice (ICJ) is a principal judicial arm of the
United
Nations. It is headquartered at the Peace Palace, The Hague, Netherlands.
The
International Court of Justice has two types of jurisdictions. These are
1.
Contentious Jurisdiction - The ICJ acts as a world court. As such it
decides
disputes of a legal nature submitted to it by member states. This comes
under
Contentious Jurisdiction. However, the ICJ only has jurisdiction over any
dispute, if the both concerned parties (states) submit to the jurisdiction of
ICJ.
This can be done in two ways
Voluntary Jurisdiction - Under this, a state accepts jurisdiction of ICJ
for a particular case or class of cases.
Compulsory Jurisdiction - Under this, the jurisdiction of ICJ is
mandated by a treaty or a pre-existing agreement.
2.
Advisory Jurisdiction - Under this, the other arms of United
Nations or other
international bodies can approach ICJ for a non-binding legal advisory
opinion on a particular issue.
In 1974, India made a declaration by which it made jurisdiction of ICJ ipso
facto
compulsory with certain reservations. India has been party to 5 cases at
the ICJ but
only one of them was referred by India.
1.
In 1954, Portugal referred a case to ICJ against India denying it right
of
passage to the then Portuguese territories of Dadra and Nagar Haveli.
The

case was decided in India's favour in 1960.

2.
In 1971, India referred to ICJ the question of jurisdiction
of International Civil
Aviation Organisation (ICAO) to decide on Pakistan's protest against being
right overflight and landing rights by India. ICJ however, ruled against
India
in this case.
3.
2013-14, Kishen Ganga project- ruled in favour of India against
Pakistan
4.
2014-15, Marshall islands dragged India over obligations
concerning nuclear
disarmament- in process
In addition, India's image has been enhanced by the Indian judges who
have been
appreciated for their knowledge, legal acumen and diplomacy
IDA
18/04/2016

The International Development Association (IDA) is an international

financial institution which offers concessional loans and grants to the
worlds poorest developing countries.

HQ in Washington DC

Recent issue: India is no longer eligible for IDA fund because India
per capita income is greater than $1260, so its a debate whether India
will be a beneficiary because India really needs support from it
IMF
29/01/2016 IMF reforms comes into effect. Indias voting rights increase
to 2.6 per cent from the current 2.3 per cent, and Chinas, to six per cent
from 3.8, as per the new division. Russia and Brazil are the other two
countries that gain from the reforms.
More than six per cent of the quota shares will shift to emerging and
developing countries from the U.S. and European countries. The combined
quotas or the capital countries contribute doubles to about $659
billion from about $329 billion.
Reforms were delayed due to non-approval of US congress as USA's voting
rights are marginally decreased in these reforms.
Benefit of IMF Reforms
Emerging market countries will now have more influence and access to
capital at the International Monetary Fund.
A countrys quota at the IMF determines its :
Voting power

Amount of financial resources it must provide to the IMF

Access to IMF financing

The amount of financing a member can obtain from the IMF (its access
limit) is based on its quota. For example, under Stand-By and Extended
Arrangements, a member can borrow up to 200 percent of its quota
annually and 600 percent cumulatively. However, access may be higher in
exceptional circumstances.
The larger a countrys quota, the more say that country has in the
governance of the international financial institution.

This latest reform will boost the quotas for all 188 members,
doubling the overall quota resources for the IMF.
The reform gives emerging economies such as Brazil and China
larger quota shares at the institution.
About 6 percent of quota shares will shift to emerging market
countries. As a result, quota shares of traditionally strong economies
such as the United States, Saudi Arabia and European countries will be
diminished.
The quota shares of the poorest member countries will largely
remain the same.
Executive Directors will now be appointed by ELECTIONS unlike
earlier.

Why reform was necessary?

To increase its legitimacy in the wake of competition by NDB. With its 'core
resources ' increased, it will now be able to better respond to the ongoing
financial crisis.
IMF decision is taken by 85% vote. With US alone has voting share of 18%
it has veto power over its decision.
US following ultra-soft monetary policy which is not good for the world
economy but still IMF is not doing anything (Its prime function of IMF
whereas on minor issue it gives advisory opinion to the developing
country.)
INDIAN OCEAN RIM ASSOCIATION
29/01/2016 IMF reforms comes into effect. Indias voting rights increase
to 2.6 per cent from the current 2.3 per cent, and Chinas, to six per cent
from 3.8, as per the new division. Russia and Brazil are the other two
countries that gain from the reforms.
More than six per cent of the quota shares will shift to emerging and
developing countries from the U.S. and European countries. The combined
quotas or the capital countries contribute doubles to about $659
billion from about $329 billion.

Reforms were delayed due to non-approval of US congress as USA's voting

rights are marginally decreased in these reforms.
Benefit of IMF Reforms
Emerging market countries will now have more influence and access to
capital at the International Monetary Fund.
A countrys quota at the IMF determines its :
Voting power

Amount of financial resources it must provide to the IMF

Access to IMF financing

The amount of financing a member can obtain from the IMF (its access
limit) is based on its quota. For example, under Stand-By and Extended
Arrangements, a member can borrow up to 200 percent of its quota
annually and 600 percent cumulatively. However, access may be higher in
exceptional circumstances.
The larger a countrys quota, the more say that country has in the
governance of the international financial institution.

This latest reform will boost the quotas for all 188 members,
doubling the overall quota resources for the IMF.
The reform gives emerging economies such as Brazil and China
larger quota shares at the institution.
About 6 percent of quota shares will shift to emerging market
countries. As a result, quota shares of traditionally strong economies
such as the United States, Saudi Arabia and European countries will be
diminished.
The quota shares of the poorest member countries will largely
remain the same.
Executive Directors will now be appointed by ELECTIONS unlike
earlier.

Why reform was necessary?

To increase its legitimacy in the wake of competition by NDB. With its 'core
resources ' increased, it will now be able to better respond to the ongoing
financial crisis.
IMF decision is taken by 85% vote. With US alone has voting share of 18%
it has veto power over its decision.
US following ultra-soft monetary policy which is not good for the world
economy but still IMF is not doing anything (Its prime function of IMF
whereas on minor issue it gives advisory opinion to the developing
country.)

TheIndian Ocean Rim Association (IORA), formerly known as the Indian

Ocean Rim Initiative and Indian Ocean Rim Association for Regional
Cooperation (IOR-ARC), is an international organisation consisting of
coastal states bordering the Indian Ocean.

The IORA is a regional forum, tripartite in nature, bringing together

representatives of Government, Business and Academia, for promoting
co-operation and closer interaction among them.
It is based on the principles of Open Regionalism for strengthening
Economic Cooperation particularly on Trade Facilitation and
Investment, Promotion as well as Social Development of the region.
The Coordinating Secretariat of IORA is located at Ebene,
Mauritius.
The organisation was first established as Indian Ocean Rim Initiative
in Mauritius on March 1995 and formally launched in 1997 by the
conclusion of a multilateral treaty known as the Charter of the Indian
Ocean Rim Association for Regional Co-operation.
The Indian Ocean Rim Association (IORA) is an international
organization with 21 Member States - Australia, Bangladesh,
Comoros, India, Indonesia, Iran, Kenya, Madagascar, Malaysia,
Mauritius, Mozambique, Oman, Seychelles, Singapore, Somalia (latest
member - joined in 2014), South Africa, Sri Lanka, Tanzania,
Thailand, UAE and Yemen.

Members are in Orange:

Objectives of IORA:

To promote sustainable growth and balanced development of the

region and member states.

To focus on those areas of economic cooperation which provide

maximum opportunities for development, shared interest and mutual
benefits.

To promote liberalisation, remove impediments and lower barriers

towards a freer and enhanced flow of goods, services, investment, and
technology within the Indian Ocean rim.
NATO
18/04/2016
North Atlantic Treaty Organization

The organization constitutes a system of collective defence whereby

its member states agree to mutual defence in response to an attack by
any external party.

NATOs headquarters are located in Haren, Brussels, Belgium

NEW DEVELOPMENT BANK

18/04/2016
New Development Bank:
It is a multilateral development bank operated by the BRICS states (Brazil,
Russia, India, China and South Africa).

The New Development Bank was agreed to by BRICS leaders at the

5th BRICS summit held in Durban, South Africa in 2013. The bank,
with authorized capital of $100 billion, started work last year.

The bank will be headquartered in Shanghai, China and its first

President is Kundapur Vaman Kamath.

Unlike the World Bank, which assigns votes based on capital share,
in the New Development Bank each participant country will be
assigned one vote, and none of the countries will have veto power.
Main role of the bank:
The New Development Bank will mobilise resources for infrastructure and
sustainable development projects in BRICS and other emerging
economies and developing countries, to supplement existing efforts of
multilateral and regional financial institutions for global growth and
development.
Benefits:

The establishment of the Bank will help India and other signatory
countries to raise and avail resources for their infrastructure and
sustainable development projects.

It would also reflect the close relations among BRICS countries,

while providing a powerful instrument for increasing their economic
cooperation.

It is expected to allow India to raise and obtain more resources for

the much needed infrastructure development, the lack of which is
coming in the way of inclusiveness and growth as of now.

It will make available additional resources thereby recycling the

savings accumulated in emerging countries which are presently being
locked up in Treasury bonds having much lower returns
NPT AND ITS FAILURE

Treaty on Non-Proliferation of Nuclear Weapons

1.
Objective:

to prevent the spread of nuclear weapons and weapons

technology,

to promote cooperation in the peaceful uses of nuclear energy

and

to further the goal of achieving nuclear disarmament and

general and complete disarmament.
2.
The Treaty represents the only binding commitment in a
multilateral treaty to the goal of disarmament by the nuclear-weapon
States.

3.
4.

entered into force in 1970.

A total of 190 parties have joined the Treaty, including the five
nuclear-weapon States.
5.
Treaty establishes a safeguards system under the responsibility of
the International Atomic Energy Agency (IAEA).
During the Cold War, another myth got generated that the best route to
nuclear disarmament lay through nuclear non-proliferation. The Treaty on
theNon-Proliferation of Nuclear Weapons(NPT) took shape during the
1960s and today enjoys widespread adherence. It may have helped
prevent proliferation but even its staunch supporters are hardpressed to show that it has made any impact on nuclear arms
reductions. The fact that the five countries acknowledged as nuclearweapon-states in NPT are the same as the five Permanent Members of the
United Nations Security Council (UNSC) may have been a coincidence in
the 1960s, but today, is a liability that diminishes the NPT.
Ex. Of failures:
The NPT framework cannot accommodate Indias position or
tackle Chinas flagrant assistance to Pakistan; its review conferences
have
repeatedly
failed
in
grappling
with Israels
programme;
the Democratic Peoples Republic of Korea walked out of the treaty.
Clearly, the NPT has reached the limits of its success and even exhausted
its normative potential.
Todays nuclear world is very different from the bipolar world of the Cold
War dominated by the superpower nuclear rivalry. The centre of gravity
has shifted from the Euro-Atlantic to the Asia-Pacific region and this is a
more crowded geopolitical space without any overarching binary equation.
Different players have widely disparate nuclear arsenals and different
doctrinal approaches. Even as the number of variables and the number of
equations have grown, there is an absence of a security architecture in
the Asia-Pacific region.
Once every five years at the United Nations a conference is
held to review compliance with the 1970 Nuclear Nonproliferation Treaty and to advance nuclear disarmament. Just like
previous attempts, the 2015 conference also failed to advance its
objective. Critically examine why. (200 Words)
Recognizing the threat from nuclear arms to society, Nuclear capability
possessing
countries negotiated Nuclear non-proliferation treaty (1970) for pursuing
the goal of nuclear disarmament. Initially it made huge gains with its
membership increasing to 186 countries with only India, Pakistan and
south Sudan are non-members but its gains in recent past seems
plateauing due to below mentioned reasons:
1. Initially it was easy for US to dictate terms to other nuclear powers but
with

the shifting balance of power to China and its non-seriousness to the

cause
(Which reflect in its relationship with Pakistan and North Korea) does not
augur well for the quest of nuclear disarmament. Any decision in NPT
needs
to be arrived with consensus of all parties but such a situation seems
eluding.
2. Instability in Middle East and reticence of Israel to give away its
ambitions for
nuclear power can prove a poke in wheel towards this path.
Disagreement
between Israel and Egypt to arrive at regional disarmament agreement
could
fuel arms race in this region. Similar is the case with rivalry between India
and
Pakistan.
3. Deteriorating relations between West and Russia and lack of trust
between
these countries further complicates problems.
4. Diminishing authority of UN to prevent unilateral attacks by powerful
countries like Russia, US and Saudi Arabia will not help in winning the
confidence of weak states and they may pursue for nuclear deterrence.
There is need to re-look discriminatory provisions of NPT in this multi polar
world
where only a select few could possess nuclear weapon and rest of them
will follow
their dictates. Need of the hour is an international arrangement of
complete
disarmament with provisions of monitoring and verification.
Considering ongoing geopolitical conflicts across the world, do
you think Non- Nuclear States should push Nuclear States
towards disarmament of their nuclear weapons? What factors
have determined Indias stance on disarmament? Critically
discuss.
(200
Words)
[1]
Only attack on Japan at the end of WW2, provided that any further use of
Nuclear weapon will bring human civilisation to an end. We have seen
peaceful journey of Nuclear Weapons through Cold War and initiation of
disarmament by START treaty. But, India and Pakistan tested nuclear
weapons and threaten regional peace. Illegal weapons in possession of
Israel
and
North
Korea
increased
such
threats.
The current situation in Gulf, African, and Latin American nations suggests
that 5-6 countries shall pursue nuke weapons if they got opportunity,
because there is still a feeling in third world nations that unless you

possess

nuke,

you

remain

unheard.

There is no need for US and Russia to keep their 800 nuclear warheads on
their respective SLBMs around the world. Disarmament is must to reduce
the risk of nuclear catastrophe.
But, any of such proposals from non-nuclear nations will be
ineffective.
India's stand on disarmament is justified. By not signing NPT and CTBT,
India made it clear that process of reduction of nukes should be initiated
from super Powers. But, Indias capacity to produce 100 tons weapons
grade plutonium and increase nuclear warheads from 100 to 1000 within
months is also a contrast to it international stand on disarmament.
Though
1.
2.
3.

such

ability

is

necessary

and

factors

affect

are:

Hostile geo-position surrounded by rogue nations

India's credible record of Nuclear Non-proliferation
India "No First Use policy" & "self-moratorium" on further tests

[2]
Nuclear disarmament refers to both the act of reducing or eliminating
nuclear weapons and to the end state of a nuclear-weapon-free world, in
which nuclear weapons are completely eliminated. Although key treaties
such as CTBT (not yet in force) and NPT have been signed, due to several
issues, these have failed to either stop nuclear proliferation or encourage
disarmament. The reasons for which Non-Nuclear States should push
Nuclear

States

towards

disarmament

are:

a.

High potential of humanitarian dangers from the use- deliberate or

accidental- of nuclear weapons by state and non-state actors
b.
Rather than acting as factors of deterrence, nuclear weapons have
only made the world far more insecure (Security Dilemma concept)
c.
A non-universal nuclear disarmament regime (in which the nuclear
weapon states are given indefinite rights of holding nuclear weapons)
is not only unfair to non-nuclear weapon states but also encourages
proliferation of nuclear weapons
Thus the non-nuclear weapon states should push NWS towards
comprehensive, time bound and verifiable nuclear disarmament. Although
India (especially Nehru) was one of the first few states to have promoted
cooperation towards the goal of non-proliferation and a nuclear weapons
free world, it is not signatory to either NPT or CTBT. The factors that
determined
Indias
stance
on
disarmament
are:
a.

Indias suggestion of universal disarmament was not accepted. India

did not support the division of the world into nuclear haves and havenots

b.

No time bound, verifiable nuclear disarmament plan of the NWS has

been agreed to. Thus the NPT stopped only horizontal proliferation but
not vertical
c.
Indias geo-strategic considerations also play a role as we have two
nuclear neighbours with expansionist ambitions
However, by signing the Indo-US civil nuclear agreement, India has agreed
to IAEA inspections (recent signing of additional protocol) at 14 of its
facilities. We have been a responsible nuclear power with a commitment
to no first use policy and a self-issued moratorium on nuclear weapons
testing. India is now open to signing the NPT, but only if it is recognized as
a NWS.
Critically comment on the success of the Treaty on NonProliferation of Nuclear Weapons (NPT) in stopping proliferation
of nuclear weapons around the world. Looking at ongoing
geopolitical struggles around the world, do you think
non proliferation can be achieved? Discuss. (200 Words)
The Treaty of Non-Proliferation of Nuclear Weapons (NPT), which entered
into force in 1970, has the following objectives A.
B.
C.

Prevent the spread of nuclear weapons and weapons technology

Promote cooperation in the peaceful uses of nuclear energy, and
Achieve the general and complete nuclear disarmament.

Success of NPT in stopping proliferation of nuclear weapons around the

world
is
being
rightly
questioned
because:
1.

After 1970, when the treaty came into effect, four more countries
acquired nuclear weapons. These were India, Pakistan, Israel and
North Korea. So compliance isn't mandatory and non-compliance
doesn't have costs, or at least costs that can deter countries from
acquiring these weapons.
2.
The treaty is arbitrary and discriminatory and is seen by many
developing states including India as a conspiracy of the nuclear
'haves' to keep the nuclear 'have-nots' in their place.
3.
The NPT is state-centric and increasingly, the problem the NPT
faces come in the form of non-state actors and its suitability to deal
with
such
problems
is
at
best
debatable.
It is extremely difficult to imagine a completely nuclear arms free world
because
of
the
following
reasons:
1.

Flawed nature of the NPT that divides the world into nuclear haves
and have-nots
2.
Security dilemma which leads to nuclear arms race (as in the case
of India and Pakistan developing nuclear weapons; also seen in Saudi
Arabias case)

3.

The perception (often true) that possession of nuclear weapons

gives more prestige and respect in the international regime and a
sense of security
4.
Unwillingness of nuclear weapon states to move towards complete
time-bound nuclear disarmament
5.
Lack of faith in collective security
What is NSG?

48 nation grouping that controls nuclear related exports.

Setup in 1974 to counter India's nuclear tests.

What are the benefits of being an NSG member?

NSG members can trade in and export nuclear technology.

Members gets timely information on nuclear matters.

Members contributes by way of information.

What are the conditions of NSG membership?

The ability to supply items on NSG control lists

Acting in accordance with NSG guidelines

A legally based export control system

Support international non-proliferation efforts

Membership of treaties like the NPT that require full-scope

safeguards.
Where does India stand against these conditions?

India fulfils the above mentioned criterions but does not meet the
last one.

However, it should be noted that these are not mandatory criteria

but only factors for consideration.

India has maintained an impeccable non-proliferation record

coupled with a strong commitment to controlling exports of nuclear
materials, equipment and technologies.

The exceptional waiver provided by the NSG in 2008 was an

acknowledgement of Indias non-proliferation record.
Why does India wants to become a member of NSG apart from
above benefits?

It will improve legitimacy of India's nuclear programme and India

can sign nuclear deal with more countries for civilian use.

India will become an active member in stopping the proliferation of

nuclear material . Will get more information about how much nuclear
material is possessed by which country. 2 of its neighbour are nuclear
state which threat to India's security.

Many countries have refused to signed civil nuclear deal with India
because it is not a signatory of NPT or not a member of NSG. Eg. Japan.
For India's energy security Nuclear reactors are necessary.

What is the status of India?

India has sought NSG membership since 2008.

As 48 member NSG works by consensus, not majority, India is

reaching out to every possible country.

Earlier:
o
NSG asked India to sign NPT before it could be admitted
o
India demanded that it should be recognised as a "nuclear
weapon state"

Now:
o
Softening of stance.
o
Instead of signing NPT, India has to align its civil nuclear
safeguards with NSG guidelines.
o
There has been growing appreciation for Indian nuclear
controls and capabilities since 2008.

But, China supporting Pakistan's membership in NSG. When NSG

decides on India's membership it would open the way for other nonNPT states like Pakistan and Israel as well.
17/05/2016
Chinas announced that it intends to oppose Indias membership of the
Nuclear Suppliers Group unless it agrees to sign the Non-Proliferation
Treaty (NPT).
24/05/2016
What China Says?

India is not eligible for NSG membership because it has not signed
the nuclear non-proliferation treaty.

If India gets the membership, then Pakistan should get it as well.

China opposed India's bid in Seoul while other 32/48 members of

NSG supported it. (NSG decisions are based on consensus not based on
majority)
China's history in this regard:
China has itself violated nuclear non-proliferation treaty in past and
continues to do so:

After Indias 1974 atomic test, China signed a nuclear pact with
Pakistan in 1976, which facilitated the transfer of nuclear weapons
technology and missile production capabilities to Pakistan in the 1980s
and 1990s.

In a violation of NSG guidelines, China has sold additional nuclear

power reactors to Pakistan. China has now encouraged Pakistan to
apply for NSG membership and complicate Indias own efforts.

What is India's response to China's claim?

France was included in the elite group without signing the NonProliferation Treaty. India says, if France could become part of NSG, then
India Can.
Why India did not join NPT?
India was one of the founder member of disarmament movement. But
when NPT got finalised, India opposed it due to its discriminatory nature.
India supports nuclear disarmament which will be possible when 5
recognised nuclear states commit themselves to destruct their nuclear
stockpile. But, NPT allows them to keep their nuclear stockpile. NPT only
restricts proliferation of nuclear technology. So, as per India, NPT divides
world in nuclear haves and have-nots, which India opposes.
Indias nuclear non-proliferation record :
1.
India has maintained an exceptional record in nuclear nonproliferation despite not being any under legal obligation. India had
been an ardent supporter of complete nuclear disarmament in all major
international floras such as NAM, UN etc.
2.
It has maintained a strong commitment to controlling exports of
nuclear materials, equipment and technologies.
3.
After 1998 nuclear tests when India became a nuclear weapon state,
India tightened its systems further by introducing new laws and for
nearly a decade, has been a voluntary adherent to the NSG guidelines.
4.
It has been a voluntary adherent to the NSG guidelines for last one
decade.
5.
The exceptional waiver provided by the NSG in 2008 was an
acknowledgement of Indias non-proliferation record.
6.
India pledged to subject its nuclear facilities under IAEA safeguards
and currently 14 out of 23 nuclear reactors are already under IAEA
safeguard.
7.
Autonomous institute like AEC to keep strict vigil on nuclear
facilities; advanced security provisions in nuclear sites; stable
democracy with diffused decision making power
Also, Indias need for developing nuclear weapons is not driven by any
misguided agenda to pursue regional dominance or to strong arm
neighbouring states, but by pragmatic realization of threat from China and
Pakistan, both nuclear powered states, one communists and other failed
democratic state in the immediate neighbourhood. India has also
committed to the policy of no-first use.
How India's entry into NSG is good for the cause of nonproliferation?
1.
India has declared moratorium on the underground nuclear weapons
testing which is in accordance with the spirit of NPT. This shows that
India has abided by the non-proliferation rules even without being a
party to NPT.

2.

India has carefully drafted its Nuclear Doctrine and has mentioned
no first use, second strike capability and a policy of minimum
deterrence at the core. This means India will not use its nuclear
weapons unless it faced a nuclear attack. The development of INS
Arihant and India's Ballistic Missile Defence system shows that India
believes in defensive strategies rather than first strike capability.
3.
India has also signed an additional protocol with IAEA which allows it
access to all the civilian nuclear facilities and activities
4.
India may be today restricted by its meagre uranium reserve, but it
has the technical capacity to use its abundant Thorium reserves. It will
not be long before India loses interest in joining NSG. That will be a
blow to non-proliferation effort.
5.
India has technological capacity to work independently. This makes
India still more vital to non-proliferation efforts
NSG
What is NSG?

48 nation grouping that controls nuclear related exports.

Setup in 1974 to counter India's nuclear tests.

What are the benefits of being an NSG member?

NSG members can trade in and export nuclear technology.

Members gets timely information on nuclear matters.

Members contributes by way of information.

What are the conditions of NSG membership?

The ability to supply items on NSG control lists

Acting in accordance with NSG guidelines

A legally based export control system

Support international non-proliferation efforts

Membership of treaties like the NPT that require full-scope

safeguards.
Where does India stand against these conditions?

India fulfils the above mentioned criterions but does not meet the
last one.

However, it should be noted that these are not mandatory criteria

but only factors for consideration.

India has maintained an impeccable non-proliferation record

coupled with a strong commitment to controlling exports of nuclear
materials, equipment and technologies.

The exceptional waiver provided by the NSG in 2008 was an

acknowledgement of Indias non-proliferation record.

Why does India wants to become a member of NSG apart from

above benefits?

It will improve legitimacy of India's nuclear programme and India

can sign nuclear deal with more countries for civilian use.

India will become an active member in stopping the proliferation of

nuclear material . Will get more information about how much nuclear
material is possessed by which country. 2 of its neighbour are nuclear
state which threat to India's security.

Many countries have refused to signed civil nuclear deal with India
because it is not a signatory of NPT or not a member of NSG. Eg. Japan.
For India's energy security Nuclear reactors are necessary.
What is the status of India?

India has sought NSG membership since 2008.

As 48 member NSG works by consensus, not majority, India is

reaching out to every possible country.

Earlier:
o
NSG asked India to sign NPT before it could be admitted
o
India demanded that it should be recognised as a "nuclear
weapon state"

Now:
o
Softening of stance.
o
Instead of signing NPT, India has to align its civil nuclear
safeguards with NSG guidelines.
o
There has been growing appreciation for Indian nuclear
controls and capabilities since 2008.

But, China supporting Pakistan's membership in NSG. When NSG

decides on India's membership it would open the way for other nonNPT states like Pakistan and Israel as well.
17/05/2016
Chinas announced that it intends to oppose Indias membership of the
Nuclear Suppliers Group unless it agrees to sign the Non-Proliferation
Treaty (NPT).
24/05/2016
What China Says?

India is not eligible for NSG membership because it has not signed
the nuclear non-proliferation treaty.

If India gets the membership, then Pakistan should get it as well.

China opposed India's bid in Seoul while other 32/48 members of

NSG supported it. (NSG decisions are based on consensus not based on
majority)
China's history in this regard:

China has itself violated nuclear non-proliferation treaty in past and

continues to do so:

After Indias 1974 atomic test, China signed a nuclear pact with
Pakistan in 1976, which facilitated the transfer of nuclear weapons
technology and missile production capabilities to Pakistan in the 1980s
and 1990s.

In a violation of NSG guidelines, China has sold additional nuclear

power reactors to Pakistan. China has now encouraged Pakistan to
apply for NSG membership and complicate Indias own efforts.
What is India's response to China's claim?
France was included in the elite group without signing the NonProliferation Treaty. India says, if France could become part of NSG, then
India Can.
Why India did not join NPT?
India was one of the founder member of disarmament movement. But
when NPT got finalised, India opposed it due to its discriminatory nature.
India supports nuclear disarmament which will be possible when 5
recognised nuclear states commit themselves to destruct their nuclear
stockpile. But, NPT allows them to keep their nuclear stockpile. NPT only
restricts proliferation of nuclear technology. So, as per India, NPT divides
world in nuclear haves and have-nots, which India opposes.
Indias nuclear non-proliferation record :
1.
India has maintained an exceptional record in nuclear nonproliferation despite not being any under legal obligation. India had
been an ardent supporter of complete nuclear disarmament in all major
international floras such as NAM, UN etc.
2.
It has maintained a strong commitment to controlling exports of
nuclear materials, equipment and technologies.
3.
After 1998 nuclear tests when India became a nuclear weapon state,
India tightened its systems further by introducing new laws and for
nearly a decade, has been a voluntary adherent to the NSG guidelines.
4.
It has been a voluntary adherent to the NSG guidelines for last one
decade.
5.
The exceptional waiver provided by the NSG in 2008 was an
acknowledgement of Indias non-proliferation record.
6.
India pledged to subject its nuclear facilities under IAEA safeguards
and currently 14 out of 23 nuclear reactors are already under IAEA
safeguard.
7.
Autonomous institute like AEC to keep strict vigil on nuclear
facilities; advanced security provisions in nuclear sites; stable
democracy with diffused decision making power
Also, Indias need for developing nuclear weapons is not driven by any
misguided agenda to pursue regional dominance or to strong arm
neighbouring states, but by pragmatic realization of threat from China and
Pakistan, both nuclear powered states, one communists and other failed

democratic state in the immediate neighbourhood. India has also

committed to the policy of no-first use.
How India's entry into NSG is good for the cause of nonproliferation?
1.
India has declared moratorium on the underground nuclear weapons
testing which is in accordance with the spirit of NPT. This shows that
India has abided by the non-proliferation rules even without being a
party to NPT.
2.
India has carefully drafted its Nuclear Doctrine and has mentioned
no first use, second strike capability and a policy of minimum
deterrence at the core. This means India will not use its nuclear
weapons unless it faced a nuclear attack. The development of INS
Arihant and India's Ballistic Missile Defence system shows that India
believes in defensive strategies rather than first strike capability.
3.
India has also signed an additional protocol with IAEA which allows it
access to all the civilian nuclear facilities and activities
4.
India may be today restricted by its meagre uranium reserve, but it
has the technical capacity to use its abundant Thorium reserves. It will
not be long before India loses interest in joining NSG. That will be a
blow to non-proliferation effort.
5.
India has technological capacity to work independently. This makes
India still more vital to non-proliferation efforts
PERMANENT COURT OF ARBITRATION
The Permanent Court of Arbitration (PCA) is an international organization
based in The Hague, the Netherlands. The PCA was created in The Hague
by treaty in 1899.

It is not a court and does not have permanent judges. The PCA is a
permanent bureaucracy that assists temporary tribunals to resolve
disputes among states (and similar entities), intergovernmental
organizations, or even private parties arising out of international
agreements.

The cases span a range of legal issues involving territorial and

maritime boundaries, sovereignty, human rights, international
investment, and international and regional trade.

The decision of the arbitrators is binding in all cases on the parties.

Why in news? In its interim ruling, the UNs Permanent Court of
Arbitration in The Hague ruled that Sergeant Salvatore Girone be allowed
to return home until the dispute is resolved through arbitration
TRADE FACILITATION AGREEMENT (TFA)

India becamethe 76th member to ratifythe trade facilitation

agreement (TFA) ofthe World Trade Organization. Do you think
this will benefit India? Critically examine. (200 Words)

Background

In December 2013, WTO members concluded negotiations on a

Trade Facilitation Agreement at the Bali Ministerial Conference, as part
of a wider Bali Package

The purpose of the new WTO Trade Facilitation Agreement is to

expedite the movement, release and clearance of goods, including
goods in transit.

Trade Facilitation Agreement (TFA) aims to harmonise various nontariff barriers like custom procedures or administrative hurdles in the
developing & least developed countries with current practices in
developed countries

TFA will enter into force once two-thirds of members have

completed their domestic ratification process
Benefits in General
1.
Implementing the WTOs TFA will cut global trade costs by up to
15%
2.
Governments gain because efficient border procedures make them
able to process more goods and improve control of fraud, thus
increasing government revenue.
a.
It will increase customs revenues and reduce the incidence of
corruption by greater transparency, improved governance and
modernised border procedures
3.
Businesses gain because if they can deliver goods more quickly to
their customers they are more competitive
a.
Reduction of documentary requirements, processing of
documents before goods arrive, use of electronic payments, and
quick release of perishable goods which can further reduce costs
b.
Increase in the opportunity for India to integrate into global
value chains (GVCs) which are responsible for rapid expansion of
trade
4.
Consumers gain because they are not paying the costs of lengthy
border delays
Benefits to India (Apart from above)
1.
Make In India (MII) : Simplified custom & administrative procedures
would attract much needed foreign investment for success of MII
2.
Indo-EU Free Trade Agreement (FTA) : TFA would help harmonise
non-tariff barriers between India & EU & thereby give impetus to long
standing Indo-EU FTA
3.
APEC Membership : Simplified procedures would soften India's
image as hard bargainer which currently hindered our APEC
membership
4.
Trade : TFA would facilitate trade with developed countries thereby
help Indian Economy to grows further.
Challenges:

Implementation still poses a challenge to resource-strapped

developing countries.
India could loose a bargaining chip to secure its interests like finding
a permanent solution to the issue of public stockholding for food
security purposes and a mechanism to safeguard poor farmers from
sudden import surge of farm products
Start Up India (SUI) : Given SUI at its initial stage, it needs
government protection in the form of some trade barriers before
opening to open competition

Way forward
The availability of international donor assistance will help governments in
developing countries shore up domestic support for implementation. India
also needs to ensure infrastructure development, market integration
reforms, tax reforms, development of demographic dividend, agricultural
revolutions (in terms of ensuring low carbon footprint, less water
consumption, organic farming) etc. to take the advantage of trade
facilitation agreement
Therefore, TFA is new area in policy decision which will bring down the
redtepism in border delays and help the integration of small business with
international trade.
Why India is pushing for TFA in services?

Service sector has huge potential and it contributes significantly to

the countrys economy.

It will pave the way for better negotiations on services at the

bilateral and regional Free Trade Agreement negotiations.

India wants that there should be some distinction between

temporary movement of professionals and (permanent) migration.

A global pact on services trade facilitation will also help in providing

greater clarity in case of disputes arising out of visa-related
restrictions.

In that regard, India has laid that TFA in services will ease the flow of
temporary movement of software, accounting, medical and consulting
professionals as well as similar skilled workers.

TFA in Services will also ease the flow of global services trade.
Related Post:

WTO
TPP TRANS PACIFIC PARTNERSHIP

http://asiafoundation.org/in-asia/2015/09/09/tpp-and-rcep-boon-or-banefor-asean/
http://www.insightsonindia.com/2015/10/10/insights-into-editorials-twosides-of-trans-pacific-partnership-pact/

40% o world GDP

Pact would boost growth in the US as well as the Sian economies
Against:
o
US people - It would only help American companies send jobs
abroad
o
Non- US - It would benefit large corporations, particularly
American big pharma, with the common people at the receiving
end. It would reduce access to generic medicines in developing
countries.

About the Trans-Pacific Partnership:

TheTrans-Pacific Partnershipis headed by the US and includes

Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand,
Peru, Singapore, and Vietnam.

The agreement covers 40% of the worlds economy.

It would set new terms for trade and business investment among
the United States and 11 other Pacific Rim nations.

It would phase out thousands of import tariffs as well as other

barriers to international trade. It also would establish uniform rules on
corporations intellectual property, open the Internet even in
communist Vietnam and crack down on wildlife trafficking and
environmental abuses.

Attempt to balance China

TPP seeks to ease the flow of goods, services, and investment

among its members and to strengthen the rules on labour standards,
environmental issues, origin criteria, and intellectual properties.
What the supporters say?

It would be a boon for all the nations involved. It would unlock

opportunities and address vital 21st-century issues within the global
economy.
What the opponents say?

Opponents in the United States see the pact as mostly a giveaway

to business, encouraging further export of manufacturing jobs to lowwage nations while limiting competition and encouraging higher prices
for pharmaceuticals and other high-value products by spreading
American standards for patent protections to other countries.

A provision allowing multinational corporations to challenge

regulations and court rulings before special tribunals is drawing intense
opposition.
Why the US is interested in this pact:

The pact is a major component of President Obamas pivot to Asia.

It is seen as a way to bind Pacific trading partners closer to the United
States while raising a challenge to Asias rising power, China, which has
pointedly been excluded from the deal, at least for now.

It is seen as a means to address a number of festering issues that

have become stumbling blocks as global trade has soared, including ecommerce,
financial
services
and
cross-border
Internet
communications.

From <http://www.insightsonindia.com/2015/10/06/insights-daily-currentevents-06-october-2015/>
Impact on India:

According to one estimate, trade worth $2.7 bn will be diverted

away from India.

Cost will be even higher if India is unable to participate in global

Supply chains due to the TPP rules on standards, labour and
environmental policies.

Further, standardisation of IPR across TPP countries and rules on

expropriation may make it more difficult for India to attract Foreign
Investment over, say, Vietnam.

TPP will alter India's bargaining power & negotiation positions.

For India it might signal erosion of the competitive edge its goods
and services enjoy especially in the traditional market of EU & US. India
might also have to meet the challenge of a new rule bound trade
architecture
India - Way Forward:

Must act in a proactive manner - exporters need to convert

imminent threat into opportunities
Policy makers should adopt a more give and take attitude in trade
matters without compromising on India's need for food security
It has been reported that China will soon seek membership to TPP, a
move India should emulate, if possible

It is said that the Trans-Pacific Partnership (TPP) Agreement, the

first of the so-called mega-regional trading blocs that are
currently being negotiated, is also the most important economic
integration agreement that is being negotiated since the
establishment of the World Trade Organization (WTO) two
decades ago. Critically analyse the possible implications of this
agreement, if it comes into fruition, on India and the world. (200
Words)
The consensus based working of WTO has led to trade powerhouses
conclude their own agreements in line with their geopolitical interests.
One is the US led Trans Pacific Partnership (TPP) which will have 12 Pacific
nations while the other is China led RCEP.

TPP nations cover about 30% of the global trade. TPP is promoted by the
US for two reasons mostly.

One is to promote US manufactured goods and hence encourage

exports from its farmers and small industries.

Second is to gain a foothold in the East Asian region which is

dynamically most important and if left, China will surely dominate it
The TPP agreement will have significant impact on India and there are
questions about whether India should join TPP or not.
Positive impacts:
1.
India will be a part of a trade bloc whose standards are higher than
WTO and is aimed at containing China.
2.
TPP is more about services and India has service sectors
contributing 70% of GDP.
3.
India will have a duty free access to Latin American markets and
increase its exports outreach which India will not have otherwise.
4.
European Union will be forced to conclude agreements with India
which seems distant now.
Negative impact:
1.
Covers 30 percent of global trade, so it will undermine WTO. It is
seen as an attempt to embark trade barriers and preserve western
countries dominance. They might give preferential treatment to each
other
2.
Indian economy yet to take off and success of various programmes
like Make in India depend on integration with global value chain. It will
also enforce good governance, IP laws.
3.
The Economic Survey says that India needs to modify its
environmental, labour laws, Intellectual property rights and standards
in tune with those of USA. This is big bone of contention given
immense fallouts on drug prices, employment opportunities and the
fact India is on priority watch list in Special 301 report.
4.
The US agricultural goods will flood our markets so our farmers will
be at serious disadvantage.
Hence the compliance cost for India will be high to pay and given our
socio economic goals, it is better to stay out of TPP, as has been
articulated in our Foreign Trade Policy 2015. India can join RCEP whose
standards are not stringent and is more about manufacturing.
But if TPP comes to fruition it would mean erosion of our traditional
markets in US
and we might have to establish manufacturing base in Latin America.
Critically examine how will India's participation in the Trans
Pacific Partnership (TPP) and the Regional Comprehensive
Economic Partnership (RCEP) would affect its trade and strategic
interests. (200 Words)

TPP and RCEP represent next form of geopolitical arrangements as

different from bipolar world that has existed post Second World War. India
with its traditional nonaligned status has to join one of these blocks to
rake up benefits of multilateralism
that will effectively integrate it into globalized world.
Positives of joining TPP or RCEP
1.
Will provide more markets for sectors it has expertise in. E.g.
pharma, IT products, textiles
2.
Higher levels of quality and IPR protection will incentivize Indian
industry and make it competitive
3.
Any of these trade blocks will bring in much-needed investment
flow, technology and best practices
4.
Joining TPP will give access to hitherto unexplored markets like Latin
America leading to diversification of exports
5.
Joining RCEP will contain any fears from Chinese side that India is
actively participating in US Asia pivot strategy and could balance
bilateral trade deficit
6.
Participating in TPP, on the other hand, will bring India closer to USA
countering any Chinese bullying in Asia
7.
RCEP:
a.
The quality, environment and labour laws are not so stringent.
Moreover, China itself is a gross violator.
b.
Timetable for adherence is quite lenient and flexible.
c.
Adequate protection can be provided to domestic industries.
On the other hand, there is also possibility that RCEP could become
a roundabout passage through which cheap Chinese goods will flood
our markets because India is a major player in the RCEP
negotiations and is under pressure currently to bring about steep
reductions in its tariffs.
Negatives
1.
Since IPR protection levels are quite stringent to the present WTO
levels India complies with, Indian industry, agriculture and cyberspace
may reel under strict patent regimes, for which they need a predetermined transition period and resources
2.
This may also aggravate India's import dependency as barriers will
have to be kept low, affecting India's unorganized and MSME segments
3.
Strategically, ceding ground to the bloc leader like US (TPP), China
(RCEP) will hamper autonomy in decision-making at international level
4.
Programs like Make in India could take a hit due to domestic
companies being exposed to efficient, well-capitalized peers abroad
5.
With RCEP, China would aim to increase its influence in Asia pacific
as a soft power which might affect Indian interest vis a vis this region.
In resolving this dilemma both economic interests as well as strategic
autonomy will

have to be factored in for India to take full benefits of trade blocs. So,
India can
follow Chile's example where it held steadfast to its demands, while still
being
involved in the TPP negotiations, so that India is not wholly dependent on
China led
bloc.
Why do you think the Trans Pacific Partnership deal failed? Does
this failure affect India? Critically examine. (200 Words)
The Trans Pacific Partnership is a proposed trade agreement between US
and Pacific Rim nations like Australia, New Zealand, Japan and Singapore.
It aims to lower tariff
barriers, build a consensus on IPR s and set standards for labour and
environmental
law. The reasons TPP has failed are:
1.
Trade barriers-The countries that are taking part in TPP talks have
robust domestic industries or sectors which need protection from
foreign competition.
2.
Burden on smaller nations-Smaller nations may not be able to
comply with stringent labour laws as required by the TPP. The US is
trying to dominate negotiations, raising concerns among other nations.
3.
Domestic opposition-The TPP is viewed as supporting the interests of
the rich thus inviting strong domestic opposition. Political leaders
cannot afford to push the TPP through at the cost of alienating the
electorate.
4.
Copyright rules-Strict laws are proposed by the TPP to protect
copyrights. In the pharma sector this may cause essential medicines to
be out of the common man's reach.
Impact on India
1.
Trade diversion-If the TPP had gone through the member nations
exports would have become very competitive. This would have been at
India's cost.
2.
Regulatory harmonisation-South East nations signing the TPP would
have benefited from favourable conditions in IT sector. India's reliance
on IT sector would have worsened the situation.
3.
Forced liberalisation- To compete with the liberal trade rules notified
by TPP members, India would have to go for environmental and labour
standards its industry cannot handle.
The failure of the TPP is only a temporary reprieve for India. India must
push
through the Regional Comprehensive Economic Partnership and FTA s with
EU and
other nations to protect its industry against TPP.

----

Zero-duty access to the US textiles as against the 14-30 % duties

that Indian Exporter will have to pay
TPP requires clothing to be made from yarn and fabric manufactured
in one of the free trade partner

TRADE FACILITATION AGREEMENT (TFA) FOR SERVICES

It is a proposed pact
It is aimed at making it easier for services professionals and skilled
workers to move across borders for short-term projects
Its objectives include streamlining procedures for global services
trade, besides ensuring recognition at the WTO-level for services as a
tradable item by establishing a framework for clarity on definitions
and for settlement of disputes
India is pushing for this pact

TRIPS
TRIPS is an international agreement administered by the World Trade
Organization (WTO), which sets down minimum standards for many forms
of intellectual property (IP) regulations as applied to the nationals of other
WTO Members.

It was negotiated at the end of the Uruguay Round of the General

Agreement on Tariffs and Trade (GATT) in 1994.

TRIPS requires WTO members to provide copyright rights, covering

content producers including performers, producers of sound recordings
and broadcasting organizations; geographical indications, including
appellations of origin; industrial designs; integrated circuit layoutdesigns; patents; new plant varieties; trademarks; trade dress; and
undisclosed or confidential information.

The agreement also specifies enforcement procedures, remedies,

and dispute resolution procedures.
TTIP TRANSLATIC TRADE AND INVESTMENT PARTNERSHIP
Free trade deal between USA & Europe
Opposition in Germany contending that

TTIP is anti-democratic

It will lower food-safety, labour & environmental standards

Pact will hand over too much power to big MNC's at the expense of
consumer & workers
UN

The United Nations was intended to be a temple of peace, but

this once great global body has been overrun by the repressive
regimes that violate human rights and undermine international
security. In the light of its recent decision and the way it
functions, critically comment on the statement. (200 Words)
Like many other organisations, UN was also set up with some purpose.
Today it faces many hurdles in achieving those purposes similar to other
organisations. In the last 70 years it has become a global deliberative
body. It gives nations a platform to share their views. It has been
successful in negotiating peace and reaching out to affected population
with aid and other necessities in the times of war or natural calamities etc.
Its Millennium Development Goals have been game changer in giving
direction to make this world better place to live and spread the fruits of
development to hitherto side-lined populations. Many of its arms
like UNESCO, WHO etc. have been able to create the platform for sharing
best practices and helping nations rise on the Human Development
parameters.
At the same time it has also failed on many fronts. Powerful nations like
U.S., Britain etc. have several times attacked other nations without its
sanction. U.S. attack on Iraq, Libya, and Syria etc. has caused much
serious humanitarian crisis than these were facing during autocratic
rulers. It is not to say that autocracy is good but to say that U.S. attack
was ill considered. Similarly Russia's attack on Ukraine also caused many
problems.
Its inability to act upon challenges lie in following factors:

Sovereignty of nations: Nations participating in it are sovereign. U.N.

cannot be a global police. So, its ability to act upon any situation is
dependent upon the resource it has, which is again provided by
participating nations only.
Funding: U.N., for most of its programme, is funded by developed
nations. So, often, they decide terms to utilize those funds.
Even other resources like Peace Keeping Force, medicines etc. come
from participating nations.

What is "Responsibility to Protect" in UN context?

It is a doctrine which was adopted under Kofi Annan's regime in UN in
2005. This doctrine asked that sovereign states respect the human rights
of their citizens. When these rights are violated, then sovereignty
dissolves. An outside actor endorsed by the U.N. can then come in to
protect the citizens.
What is the issue in this doctrine?

It is not properly defined who gets to define the nature of a conflict and
who gets to intervene. Hence its use has been biased. For ex. In case of
Palestine and Libya, response of west is different while in both cases state
conducted atrocities on its own citizens.
BRICS countries see this doctrine as tool in the hand of west to change
regimes.
What are some of the instances when UN was used to propagate
Western interest?
1.
The US's invasion on Iraq in 2003 is the famous one. US invaded
Iraq in the name of promoting democracy, but the real motive was to
overthrow the incumbent govt. and curb Russia's influence in the
region and establish a puppet government of the USA, resulted
inkilling of half a million innocent childrenand therise of terror outfits
like ISIS.
2.
Similar interventions took place in countries like Yugoslavia in the
name of protecting its civilians but ended indisintegration of Yugoslavia
into six statesdespite the reluctance of China and Russia at the UN.
3.
However, when Western clients like Israel and countries of the Great
African Lakes massacred tens of thousands,no western states
intervened. This reflects thedouble standardof the westerners and led
to loss in credibility of UN.
UNSC
Facts:

The United Nations Security Council (UNSC) is one of the six

principal organs of the United Nations and is charged with the
maintenance of international peace and security.
Its powers include the establishment of peacekeeping operations,
the establishment of international sanctions, and the authorization
of military action through Security Council resolutions; it is the only UN
body with the authority to issue binding resolutions to member states.
The Security Council consists of fifteen members. Russia, the United
Kingdom, France, China, and the United Statesserve as the bodys five
permanent members. These permanent members can veto any
substantive Security Council resolution, including those on the admission
of new member states or candidates for Secretary-General.
The Security Council also has 10 non-permanent members, elected
on a regional basis to serve two-year terms. The bodys presidency rotates
monthly among its members.

Why India should be added?

After 2008 financial meltdown, India had been a member of G 20 to
help the world tide over a difficult situation

IAEA and NSG considers India as 'a state with advanced nuclear
technology' and sanctified India as a responsible member of the nuclear
community
However, India needs to dispel popular perception the India feels
comfortable in its role as 'a recessed power'
IS in - parts of West Asia, Yemen, areas around Caspian sea, pockets
in Central Asia, Afghanistan and Pakistan - India has long history of Islamic
scholarship, which can be used to counter IS by 'soft power' instead of
bullets and bombs.
Refugee crisis - India can showcase its inherent strengths, derived
from ancient civilizational traditions. During Bangladesh refugee crisis
India had shown both capability and remarkable resilience and India's
experience would prove useful for countries in Europe.
Apart from the relevance of size, ancient wisdom, culture and current
economic strength, India's role as a vital 21st century problem
solver cannot but add weight to its claims to membership of the Security
Council.

___
UNGA adopted a resolution to use a text as the basis for discussions on
UNSC reforms.
This also indicates that most countries in the General Assembly support a
restructuring of the UNSC. Meaningful reform of the Security Council is
overdue. The institution, formed to meet the challenges of the post-War
world, has struggled to cope with the dynamics of the post-Soviet Union
world order. In the past quarter century, the global order has seen
massive changes, from American unilateralism to the rise of multilateral
institutions such as BRICS. The developing nations, including India, now
play a larger role in both the international economy and politics. But these
changes are not reflected in the UN, where all critical decisions are still
being taken by the veto-wielding permanent members of the Security
Council.
Besides, the geopolitical rivalry among the permanent members has
prevented the UNSC from coming up with effective mechanisms to deal
with global crises. Syria is a case in point. Even as a humanitarian
tragedy is unfolding in Syria, there is no consensus in the Security Council
on how to tackle it. Even UN Secretary General Ban Ki-Moon admitted
recently that the UNSC had failed Syria.
If the UN still shies away from reforming the Security Council,
the possibility of the institution being side-lined by emerging powers

cannot be ruled out. The resolution adopted in the General Assembly

offers a chance to break the logjam.
But the road ahead is not easy. Three powerful members of the
UNSC Russia, China, and the U.S. are opposed to any major
restructuring of the Council. While Russia and the U.S. have said they
would support Indias UNSC bid, when it comes to proceedings at the UN
their positions represent a far cry from the promises they make at bilateral
meetings. The U.S. favours only a modest expansion of the UNSC, while
Russia doesnt want any change in the veto arrangement. Even if the
General Assembly members reach a consensus on reform, it could be shot
down by the permanent members. The permanent members should
realise that a more democratic and representative Security Council would
be better-equipped to address global challenges, and that there are more
pressing issues to be tackled at the global level than merely preserving
their prerogatives. The champions of reforms India, Japan, Germany and
Brazil, or the G4 should continue their multilateral diplomacy to build a
democratically evolved global consensus on restructuring the UNSC.
How effective has been United Nations Security Council in
addressing some of pressing security challenges faced by raising
extremism across the world? In the light of its mandate, critically
comment. (200 Words)
The United Nations Security Council (UNSC) is the most powerful body in
the United Nations, with primary responsibility for the maintenance of
international peace and security. It has five powerful countries (US, UK,
France, Russia, and China) as permanent members along with 10 nonpermanent members. Despite UN has been largely successful in ending
various conflicts, it is unable to address many challenges faced by raising
extremism
across
the
world.
1.

UNSC failed to enforce its resolution on Iraq, for cooperation and

transparency regarding various weapons. That led to the US invasion
on Iraq in the name of weapons of Mass Destruction.

2.

In 2003, Sudan erupted into conflict as various extremist groups

criticized and attacked the government for oppressing the nonArab. After three years, UN could dispatch its soldiers in a limited
manner. By 2010, an estimated 300,000 Sudanese civilian were killed.

3.

In 2012, China and Russia used their veto power and the UNSC
could not intervene in Syria. Since the Syrian civil war began, an
estimated
60,000
civilians
have
been
killed.

4.

UNSC is also unable to bring any resolution condemning Israels

action
against
Palestine,
following
US's
veto
power.

5.

UNSC do not have any concrete plan to deal with tensions in East
Jerusalem as well as the activities of radicalized and extremist groups
in Iraq, Syria, Ukraine etc.

Although UNSC can be credited for its peace-keeping missions in Haiti,

Congo, etc. The big issues of world peace terrorism, extremism, nuclear
proliferation cant be
entrusted upon a body which is more often paralytic than effective.
_____
Unilateral action by Saudi Arabia, USA and France in recent past has
undermined UNSC relevance.
Russia's intervention in Crimea and Georgia could not be stopped by UNSC
as negotiations failed due to hard stands of opposing sides.

Discuss the roadblocks India is facing in its quest for permanent

membership of the UN Security Council. Do you think permanent
membership is a necessity for India? Critically comment. (200
Words)
UN security council consists of two types of members: Permanent and
temporary. The five permanent members: US, UK, Russia, China and
France enjoy veto power. This provision has been widely criticized by
different nations. Also there is voice for increasing African, South American
and Asian representation in UNSC.
India has been a temporary member many times. It wants to secure
permanent membership in UNSC for its growing importance in world
affairs. But the Indian journey to UNSC Permanent membership seems
very difficult. Following are the major roadblocks:
1.
P5 Resistance: Permanent members never get to a consensus to
allow expansion of council and offer permanent seat to another
country. China being India's rival will always veto down any such
agreement for India. Thus this remains the biggest roadblock.
2.
India's economic contribution: Compared to P5 Countries India's
contribution to Security council budget is very minimal, which again
discredits its claim to join council as a permanent group.
3.
International
diplomacy: India
is
seen
as
a
soft
country, especially on matters related to middle east and gulf
countries. It maintains neutrality and puts its own interest before
taking a hard stance. This is misinterpreted by P5 countries as India's
inability to offer and sanction extreme measures. Especially US is not
comfortable with this behaviour.
4.
India's closeness with Japan will also be a major reason for China's
objection.

5.

The structure of UNSC is very complex. For India to be a permanent

members, it needs the nod off 2/3rd of the general members with the
support of P5 which requires an amendment to the UN charter act
6.
With superpowers like Germany and Japan already in queue, India's
admission is a farfetched dream.
Permanent membership is critical for India for following reasons:
1.
To improve India's global stature
2.
To help India reach at comparable level with its rival China
3.
To secure its neighbourhood from future combined interventions, if
any
4.
To bring equality of treatment and be the natural leader of
developing countries in security council.
Why such move would not bring any great change: Unlikely that India
would get veto power. At most Veto power might be diluted or gradually
done away with. The latter seems impossible though given the stiff
resistance of P5 countries. Hence it will be a waste of effort if no veto is
given.
India needs to be a permanent member as it has 1/6th of world's
population, largest democracy,7th largest economy and one of the
largest contributor to peace-keeping
troops, leader of developing countries and has a better say in global
platform and
deserves a strong position too.
India needs support of 129/193 members of UNGA for a seat in UNSC. It is
as obvious that Pakistan will raise Kashmir issue and China may veto
against the resolution. But India should not lose hope about UNSC reforms
it demanded from so long. It will be India's foreign policy test as how
much support it gains and become successful to break the dominance of
P-5 in UNSC and secure its position in the most powerful body of the
world.

WHO: STRUCTURE,ROLE AND ISSUES

Structure, History and Issues to be covered
Critically examine the role of World Health Organisation in
addressing various health issues across the world. Also write a
note
on Indias participation in WHOs activities. (200 Words)
Role WHO played:
1.
In initial years, WHO applied its technical and medical expertise to
initiate

disease
specific eradication
programmes
such
as malaria and smallpox (1967).
Later was a huge success while former was a failure.
2.
The adopting of Alma-Ata convention in 1978 focussing at basic
needs
approach with focus on primary health was a significant achievement
3.
Model list of essential medicines in 1977 and international code on
marketing
of breast milk substitutes were other achievements
4.
Health as significant component of MDG.
5.
WHO has helped countries including India in eradication polio
6.
Recently, WHO played major role in combating the epidemic threat
of Ebola
in African region. It has mobilised funding, personnel and resources for
this
purpose.
7.
WHO is now emphasizing community participation as a
necessary condition
for achieving high standards of health instead of hospital based
healthcare is
also a significant achievement. This has translated to policy changes in a
number of countries.
8.
It provides institutional leadership in combating Non-communicable
diseases
(NCDs), including heart disease, stroke, cancer, diabetes and chronic lung
disease, and mental health conditions - together with violence and
injuries
India's role in WHO
1.
Has donated 2.1m $ to WHO contingency fund and hence providing
resources
which decreases the health deficit across the world.
2.
By presiding the World Health assembly after 18 years, in the near
future
India's role will be substantial.
3.
Being one of the leaders in generic drugs market and low cost
vaccines, India is playing a constructive role in reducing health
inequities among and within LDCs.
WIPO
02/04/2016
The World Intellectual Property Organization (WIPO) is one of the 17
specialized agencies of the United Nations.

It was created in 1967 to encourage creative activity, to promote

the protection of intellectual property throughout the world.

It has currently 188 member states, administers 26 international

treaties, and is headquartered in Geneva, Switzerland.
Non-members are the states of Marshall Islands, Federated States of
Micronesia, Nauru, Palau, Solomon Islands, South Sudan and TimorLeste. Palestine has observer status.
India is a member of WIPOand party to several treaties
administered by WIPO.

WTO
Why WTO is loosing its significance?

Bilateral agreements like TTIP, TPP etc. are weakening the

multilateral arrangements that looked after the LDCs (Least Developed
Countries)

IPRs being used to curtail access to medicines in poorer countries

WTO TRIPS gives waiver to LDCs with respect to patent protection of

pharmaceutical products. This is being diluted/eroded in bilateral
agreements

These agreements are being made outside WTO

What should be India's stance?
Till now, India is rigid in its demands of say agricultural subsidies, access
to services etc. This rigidness has led to stalemate in WTO negotiations
and hence developed world is moving towards bilateral/multilateral
arrangements outside of WTO. Policy maker should adopt a more give and
take attitude in trade matters without compromising on India's need for
food security. The emergence of plurilateral agreements is a warning that
the world will simply pass by ignoring India's interest.
How India can negotiate?
India needs to identify its trade interest areas and propose alternative
negotiating templates. One such area is biopiracy, protection of traditional
knowledge, and the link between the WTOs Trade-Related Aspects of
Intellectual Property Rights agreement and the Convention on Biological
Diversity. There have been several instances of biopiracy in the past, of
Indian traditional knowledge, such as the patenting of the wound-healing
properties ofhaldi(turmeric). Being among the 12 mega biodiversity-rich
countries, India needs to bring this issue to the negotiating table in its
own free trade agreements.
What is Generalised system of preferences (GSP) system and its
impact on India?
Generalised system of preferences is a system of preferential treatment to
developing and Least Developed Countries(LDCs) to boost their exports.
Although the exemption was made to help developing countries and LDCs
to

compete with developed countries in the international markets,

the benefits have
accrued mainly to richer developing countries like India and Brazil.
Recent negotiations of renewal of GSP for Indian gem and jewellery
industry in the USA will boost the sector which is facing slowdown owing
to low global demand in the international markets. Similar negotiations
are also going with countries like Israel and Belgium.
The sector is extremely important for the Indian economy as it is labour
intensive
and export oriented. Any system that increases the export of India will
have a positive impact by providing employment, bringing in foreign
exchange. This has a cascading effect in the economy. So, such steps are
welcome and government of the day must engage in constructive
negotiations with developed countries for such concessions.
It is said that if India agrees to the commitments sought from it
by the developed countries at WTO, this would limit the policy
space of the government in respect of certain categories of farm
subsidies. Do you agree? If so, how should India respond to the
demands made on it? Critically discuss. (200 Words)
The demands from the developed countries seeking India's (and other
developing
countries) commitments to make cut on their farm subsidies in
the ongoing
negotiations under the Doha Round, would limit the policy space of the
government in respect of certain categories of farm subsidies. This can be
attributed to following main reasons.
1.
Would jeopardize the food security programme that aims to cover
nearly 70% of the population. The government would lose its flexibility
to determine the extent and size of its food programme in future due to
obligations imposed by these commitments at WTO .
2.
MSPs support to farmers would be limited by WTO restrictions
,bringing further woes to the already distressed farm sector in India
facing declining farmers' incomes and rising cost of production.
3.
Various priority based sectorial subsidies on farm equipment
,agricultural inputs and certain crops that farmers are encouraged to
grow in order to increase productivity ,would have to be slashed .
4.
Farmers support measures like farm loans ,subsidy on exports of
their agricultural products , tariffs imposed on imported agricultural
goods in the domestic markets so as to control the availability and
prices of food items domestically ,would be seriously affected.
The response of India to such unreasonable demands should be the
followings: -

1.

Showing unequivocal resistance and firmness on any concessions

and demands that are beyond the negotiating mandates of the Doha
declarations by seeking the active support of developing countries.
2.
Fighting the perception battle in media to counter any attempt by
developed countries to shift blame on India for any WTO impasse by
elucidating their onerous and unreasonable demands while failing to
agree to cut their own farm subsidies on reciprocal basis.
3.
Seeking commitments from developed countries to cut their farm
subsidies and reduce tariffs barriers (as per agreed under the Doha
mandates) that impedes farm exports of developing countries.
Critically analyse why is India demanding a substantial cut in
subsidies given by rich countries to their farmers. Do you think
India should cut subsidies to its own farmers too? Comment. (200
Words)
The WTO regime is conceptualized to ensure a free and fair international
trade, by cut in various trade barriers and trade distorting
subsidies. Agriculture has also been laced under the ambit of the regime
through "Agreement on Agriculture" and agriculture subsidies are
sought to be cut.
The rich nations, however, mask their huge subsidies as being "non-trade
distorting" and being in the green box. However, these subsidies are in
the form of interest free loans, farm mechanization etc., which can bring
down the cost of production substantially. This ultimately would lead of
dumping of cheap food grains in the Indian market. This dumping would
cause a huge farming distress in India as agriculture is a livelihood issue.
On the other hand, Indian subsidies in the form of MSPs have been
labelled as "trade distorting" and have always been opposed by the rich
nations. But, India's
commitment to food security for its huge population needs procurement
by the state.
The farmers also need to be provided an assured income through MSP so
that
distress does not set in. Though there is no need for India to cut its
subsidies to
farmers, but in the long term, we should focus more on investing in
modernization of agriculture so that farmers are benefited in the long run
Why we need to protect Agriculture?
Agriculture contributes 17% to GDP, but 50% population dependent on it
hence need to provide support
India's worries at Dispute Settlement Board:

Lack of a sufficient pool of trade law experts to represent them

effectively at the DSB
Developed world's efforts to bring within the bodys ambit non-trade
issues such as labour and environment

India has been advocating that certain issues, including labour and
environment, must be kept out of the WTOs purview and instead be dealt
with by the global bodies concerned such as the International Labour
Organisation and the United Nations Framework Convention on Climate
Change. The developed world, however, is keen that the WTO addresses,
what they call, global trades new challenges, including labour and
environment
TheDispute Settlement Body (DSB)of the World Trade Organization (WTO)
makes decisions on trade disputes between governments that are
adjudicated by the Organization.
What is India-US tussle on Solar/ Renewable appliances?

India has complained to the World Trade Organization (WTO) about

support given to the renewable energy industry in United States

The complaint alleges that 8 states in US have prop up their

renewable sector with illegal subsidies and domestic content
requirements, an obligation to buy local goods rather than imports.

By filing the complaint, India has triggered a 60-day window for US

to settle the dispute, after which India could ask the WTO to adjudicate

In May 2016, India lost a case at the WTO after the US complained
about Indias national solar programme over illegal subsidies and
domestic content requirements. India has appealed that ruling

India is finalising a scheme to subsidise both domestic and foreign

companies that will manufacture in the country, without running
contrary to the WTO rules
WTO SINGAPORE ISSUES
What are Singapore Issues?
Singapore issues are the list of the subject that were tabled by the
Western states mainly US and EU in the WTO conference in the year 1996
which held in the Singapore. Some of the major issues among them are :

trade and investment,

trade and competition policy,

transparency in government procurement,

trade facilitation,

Labor laws etc.

Why the inclusion of these issues in multilateral talks opposed by
developing nations?

State owned enterprises :- Develop States Propose to Curtail the

Role of the State owned Enterprise(PSUs). But these units are the

necessary for the developing states as the private entities do not serve
the socio economic need of the society. For Ex. Public Sector Banks in
India
Labour Issues : Developed state propose uniform Labour Standards
for all. Developing nations has comparative advantage in Labour and
uniformity here will hamper this advantage.
Government procurement - Governments are considered as the
largest "Buyer" in the market as they procure nearly 30% of the Total
Products. Developed States wants transparency in government
procurement so that it becomes easy for MNCs to take part in it.
Developing nations see this demand as an attack on their sovereignty
and also, it will hamper their PSUs which corner most of government
projects ex. DRDO

MULTILATERAL
ASHGABAT AGREEMENT
What is Ashgabat Agreement?

It is an agreement between five countries on establishing a new

international transport and transit corridor (Uzbekistan - Turkmenistan Iran - Oman - Qatar)

Signed in 2011 in Ashgabat

Qatar had withdrawn from the agreement in 2013

It forms the basis for developing the shortest trade route/corridor

between the Central Asian countries and Iranian and Omani ports.
India is ready to accede to the Ashgabat Agreement
What are the benefits?

It will be an international transport and transit corridor facilitating

transportation of goods between Central Asia and the Persian Gulf.

Accession to the Agreement would enable India to utilise this

existing transport and transit corridor to facilitate trade and
commercial interaction with the Eurasian region.

Further, this would synchronise with our efforts to implement

the International North South Transport Corridor (INSTC) for
enhanced connectivity.

This move will further strengthen trade ties between India and
the Eurasian region.
APEC

Obama declared support for India's admission into APEC . It is part of the Joint
Strategic Vision on Asia, Pacific, and Indian Ocean Regions.
ASIA PACIFIC TRADE AGREEMENT (APTA)

It was earlier known as Bangkok Agreement

It is an initiative under the United Nations Economic and Social

Commission for Asia and the Pacific (UN ESCAP) for trade expansion
through exchange of tariff concessions among developing country
members of the Asia Pacific Region.
The current membership of APTA consists of seven countries or
Participating States (PSs), namely :
o
Bangladesh,
o
China,
o
India,
o
Lao PDR,
o
Republic of Korea
o
Sri Lanka
o
Mongolia (Latest member)
Since this is a preferential trade agreement, the basket of items
as well as extent of tariff concessions are enlarged during the trade
negotiating rounds which are launched from time to time. Till date,
three rounds of trade negotiations have taken place.

Note: APTA can be used as a keyword in your answers on India-SE Asian

relations
ASEAN

Outcome of India-ASEAN Summit:

ASEAN-India adopted a document aiming at politically cohesive,

economically integrated, socially responsible and people oriented
people centered ASEAN-India Community.

The document recognizes the vital importance of the planned review

of the ASEAN-India Trade in Goods (AITIG) Agreement. It seeks to
ensure that the agreement is trade-facilitative and remains relevant to
the current global trading practices.

The document also emphasizes the importance of maintaining

peace, security and stability, unimpeded commerce, freedom of
navigation in and overflight above the South China Sea.

Emphasis on the need for a coordinated response from the ASEAN

member nations to combat terror
How different is India's new "Act East" policy compared to "Look
East" policy. Critically analyse the merits and shortcomings of Act
East policy. (200 Words)
India's Look East policy is concerned with giving importance to eastern
neighbours of the country by building better ties with them and improving
trade relations. However India's Act East policy goes one step further and
encourages a proactive role for India to play in its eastern
neighbourhood.
This
include assuming
leadership
position by reinvigorating platforms such as BIMSTEC and working actively
on infrastructure connectivity issues.

Connecting North East region to Sittwe port in Myanmar and Chittagong

port in
Bangladesh,
focusing
on India-Myanmar-Thailand
trilateral
highway and Kaladan Multi-Model Transport Project are some of the
projects which have received push under the Act East Policy. In addition,
India is capitalizing on its soft power and by cultural link through
Buddhism to build better relations with the eastern neighbours.
Merits:
1.
It makes the North east an integral part of India's foreign policy. The
region will be the main beneficiary and primary actor in the policy.
2.
It identifies the economic and geo-political importance of South East
Asian countries.
3.
Possibilities of Free Trade Agreements - Easy movement of people
and money (investments). This will be linked with Regional
Comprehensive Economic Partnership Agreement (RCEP) countries
which will give further boost [especially services]. Trade with ASEAN
expected to reach 100 billion: Counter EU slowdown.
4.
Manufacturing in CMLV: Employment generation, HRD development,
Export potentials
5.
The vast untapped natural resources and energy of the region,
might prove promising.
6.
The countries have common interests in securing their sea,
following
international
laws
of
navigation,
issues
of smuggling, piracy and exploitation of ocean resources.
7.
Active engagement with Myanmar and Bangladesh in tackling
issues like drug trafficking, smuggling, etc. in North East of India. Also
people to people contacts will be enhanced by various planned
transport linkages.
8.
India can leverage its cultural connections to maximum to involve
these nations more actively in organizations like BIMSTEC and Ganga
Mekong Corporation.
9.
Our centuries old cultural and religious engagement are basic
ground for required trust.
Some challenges:
1.
The issue of smuggling of drugs, goods and arms if we open our
north east is not addressed.
2.
Growing influence of china in the region.
Sagarmala and Project Mausam are good initiatives and not overtly
opposing String of Pearls or Maritime Silk Route. The entire stretch of
Indian Ocean from the Gulf to Malacca are strategic points for both India
and China.
BBIN

BBIN stands for Bangladesh, Bhutan, India and Nepal Motor Vehicle
Act
Unprecedented step that aims at shared prosperity in South Asia.

Meant to facilitate movement of commercial vehicles across the

borders of B-B-I-N
However last year's blockades on Nepal border -> negatively
impacted the agreement. It goes against the spirit of regional
cooperation.

"Signing of a motor vehicle agreement by the transport ministers

of Bangladesh, Bhutan, India and Nepal marks a big breakthrough
in the evolution of South Asian regionalism." Elaborate and
examine the benefits of this agreement to its signatories. (200
Words)
South Asian regionalism has been held hostage to the India-Pakistan
dynamics. However, signing of the Motor Vehicles Agreement between
India, Bangladesh, Bhutan and Nepal has heralded a new beginning in
integration in South Asia. The agreement will benefit all its stakeholders
greatly.
1.
This will reduce transports costs, enhance multi-modal transport and
transit facilities, enable increased connectivity and will promote
greater trader between the four countries.
2.
The agreement opens up the possibility of turning border roads into
economic corridors, increasing the employment opportunities along the
way in all 4 countries.
3.
For India, such an agreement will prove a major boon and will lead
to faster development of its North Eastern states due to development
of land routes through Bangladesh which will reduce the time and cost
of transport.
4.
While Nepal already has open borders with India, this agreement will
help it increase trade and connectivity with Bhutan and Bangladesh.
5.
Such an agreement will prove highly beneficial for Bangladesh as
not only will it increase trade, but it will also lead to greater investment
in its transportation infrastructure by India.
6.
This agreement could be template for more such sub-regional
groupings within SAARC. And might ultimately force Pakistan to
become more proactive in SAARC.
7.
It would complement India's 'Act East' policy and would further
provide impetus to projects like the Trilateral highway and Kaladan
multi modal transport project under BIMSTEC.
8.
It will promote tourism and people to people interaction
9.
Greater movement of skilled personnel and businessmen across
countries will have multiple benefits including employment and
revenue generation for nations.
10. If BBIN motor vehicle act is successful then it will help in
encouraging more such integration ties such as between India,
Maldives and Sri Lanka .
The agreement's importance not only lies in the direct benefits to the
member states, but also lies in its psychological importance. It is a signal

that inefficiencies of SAARC will not be allowed to hold up the project of

integration in South Asia. This could well recharge SAARC and make it
relevant again.
BCIM

The Bangladesh, China, India and Myanmar (BCIM) corridor is an

ambitious undertaking that hopes to connect Kolkata with
Kunming, capital of the Yunnan province. However, this project is
facing many traditional and non-traditional threats to become a
reality. Critically analyse these threats. (200 Words)
Facts
1.
2.
3.
4.
5.
6.
7.

about BCIM economic corridor

Sub regional economic cooperation
Multi modal connectivity , expressway
Reduce non- tariff barriers
Boost trade and investment
increase people to people exchanges
capitalize on comparative advantages and competitive advantages
Reduce trade deficits

Challenges to BCIM
1.
A lot of insecurity surrounds the project due to a lot of sub regional
hostility between participating countries on many grounds. Opening up
an economic corridor has much potential for misuse in promoting antinational activity.
2.
Corridor goes through areas prone to natural disasters so that's
another traditional threat.
3.
Border Dispute: BCIM corridor will improve the leverage of china and
hence border dispute resolution on fair terms will be more difficult.
Also, some part of the corridor will be passing through AP, which is a
disputed territory as per china
4.
India's apprehensions - The concerns that opening of the north east
would flood Indian markets with Chinese goods thus NE will may not be
able to develop its own capabilities.
5.
Connectivity Issues: 200 km stretch from Silchar in Assam to
Manipur, and a similar length between kalewah and Monywah in
Myanmar are still to be constructed.
6.
India's North East is infested with a lot of insurgency and cross
border terrorism, making the region highly instable and investment
averse, due to the risk. Such instability would continue to impede any
formidable investment coming as a result of BCIM.
7.
The corridor can also be misused for already existing clandestine
actives like drug smuggling, smuggling of antiques and trafficking.
8.
Instability in Myanmar: Fighting between Myanmar's army and
kokang rebels as well as narcotics trafficking in North Eastern Myanmar
is big security challenge.
9.
Communal Violence- involving Bhuddhist and Rohingyas in Rakine
state of Myanmar, as well as anti-Bangladeshi sentiments in India are
impediment to cultural security

Without building sufficient trust and an all-weather friendship between the

participating countries, the risk is too high for investment of such massive
scales. There is no doubt about the project being extremely beneficial in
terms of potential, but issues like democratic deficit , disturbance at
borders , anti-national activity etc. will have to be addressed jointly. We
can only hope that the economic significance of this project will tide over
the politics of the regions.
BIMSTEC

The Bangladesh, China, India and Myanmar (BCIM) corridor is an

ambitious undertaking that hopes to connect Kolkata with
Kunming, capital of the Yunnan province. However, this project is
facing many traditional and non-traditional threats to become a
reality. Critically analyse these threats. (200 Words)
Facts
1.
2.
3.
4.
5.
6.
7.

about BCIM economic corridor

Sub regional economic cooperation
Multi modal connectivity , expressway
Reduce non- tariff barriers
Boost trade and investment
increase people to people exchanges
capitalize on comparative advantages and competitive advantages
Reduce trade deficits

Challenges to BCIM
1.
A lot of insecurity surrounds the project due to a lot of sub regional
hostility between participating countries on many grounds. Opening up
an economic corridor has much potential for misuse in promoting antinational activity.
2.
Corridor goes through areas prone to natural disasters so that's
another traditional threat.
3.
Border Dispute: BCIM corridor will improve the leverage of china and
hence border dispute resolution on fair terms will be more difficult.
Also, some part of the corridor will be passing through AP, which is a
disputed territory as per china
4.
India's apprehensions - The concerns that opening of the north east
would flood Indian markets with Chinese goods thus NE will may not be
able to develop its own capabilities.
5.
Connectivity Issues: 200 km stretch from Silchar in Assam to
Manipur, and a similar length between kalewah and Monywah in
Myanmar are still to be constructed.
6.
India's North East is infested with a lot of insurgency and cross
border terrorism, making the region highly instable and investment
averse, due to the risk. Such instability would continue to impede any
formidable investment coming as a result of BCIM.
7.
The corridor can also be misused for already existing clandestine
actives like drug smuggling, smuggling of antiques and trafficking.

8.

Instability in Myanmar: Fighting between Myanmar's army and

kokang rebels as well as narcotics trafficking in North Eastern Myanmar
is big security challenge.
9.
Communal Violence- involving Bhuddhist and Rohingyas in Rakine
state of Myanmar, as well as anti-Bangladeshi sentiments in India are
impediment to cultural security
Without building sufficient trust and an all-weather friendship between the
participating countries, the risk is too high for investment of such massive
scales. There is no doubt about the project being extremely beneficial in
terms of potential, but issues like democratic deficit , disturbance at
borders , anti-national activity etc. will have to be addressed jointly. We
can only hope that the economic significance of this project will tide over
the politics of the regions.
BRICS

Facts:

Jaipur Declaration: (Given below)

BRICS Migration conference - Sochi

India is pushing for Liberalised VISA regime for "Skilled Worker"

among BRICS nations to promote business and economic interests.

BRICS to setup its own credit rating agency to challenge western

hegemony in field of finance
Jaipur Declaration: By BRICS women parliamentarians

Strengthen strategic partnership between members on all three

dimensions of sustainable development viz., economic growth, social
inclusion and environmental protection.

Parliamentarians expressed concern over the climate change on

ecological systems, biodiversity and as well as food security (i.e. food
production).

Members will focus to work out integrated solutions to preserve and

protect ecological systems and forests.

It also called upon international financial institutions (FIs) to extend

support to developing and least developed countries.

The FIs should help developing and least developed countries gain
easier access to new and affordable technologies as envisaged under
UN Framework Convention on Climate Change (UNFCC) and the Paris
Agreement.

Emphasized the need to inform, communicate and educate citizens

about developmental schemes.

Emphasized on plans for incorporating gender concerns and greater

involvement of women parliamentarians in integrating citizens in the
development process.
BRICS Security Meet:

BRICS nations underscored the demand for an international legal

order to deal with the threat of terrorism.
They agreed to intensify cooperation against terror groups like the
Islamic State in West Asia and North Africa region (WANA).
Highlighted the growing demand for peace building in the
violence-torn region and focused on finding a political solution to the
outstanding issues in the WANA region.
Discuss counter-terrorism, energy security, cyber-security as well as
other international and regional issues of common interest.
China wants BRICS countries to play a bigger role in international
and regional security issues, step up cooperation and coordination on
major issues concerning security and contribute to peace, prosperity
and stability of the world.
NOTE: Question can be asked on BRICS role in International security
or role against Terrorism

BRICS Goa Summit (8th BRICS Summit)

Theme : Building Responsive, Inclusive and Collective Solutions
Goa Declaration :

BRICS nations condemns terrorism in all its forms and stressed that
there can be no justification for such acts.

International terrorism, especially the Islamic State (IS) is an

unprecedented threat to international peace and security.

BRICS nations reaffirmed the commitment to increase effectiveness

of the UN counter terrorism framework.

Need for adaptation of Comprehensive Convention on International

Terrorism (CCIT) in the UN General Assembly.

Urgent need to reforms of the United Nations, including UN Security

Council, to increase representation of developing countries.

Resolution of civil war in Syria, in accordance with the legitimate

aspirations of the people of Syria and action against U.N.-designated
terrorist groups like IS and Jabhat al-Nusra.

All nations must counter radicalism and block sources of financing

international terrorism, dismantling terrorist bases and countering
misuse of the Internet including social media.

Appreciated progress in implementation of Strategy for BRICS

Economic Partnership and emphasise importance of BRICS Roadmap
for Trade, Economic and Investment Cooperation until 2020.

Welcomed adoption of 2030 Agenda for Sustainable Development

and its Sustainable Development Goals.

Reiterated determination to use all policy tools to achieve the goal

of sustainable and inclusive growth.

The ninth BRICS Summit will be hosted by China in 2017.

Besides, first-ever BRICS-BIMSTEC Outreach Summit was also held

on side-lines of 2016 BRICS Summit. Leaders from both forums planned
to jointly explore possibilities of expanding ties between them on issues
such as terrorism, economy, trade and connectivity

BRICS is a powerful financial and political voice in the emerging

multipolar world that cannot be ignored? Critically discuss. (200
Words)
The importance of the BRICS as a powerful financial and political voice in
the emerging multi-polar world that can be overlooked due to following
main reasons: Economic :1.
Combined GDP, accounts for roughly 20% of the total gross world
products and have a whopping $ 4 trillion in forex reserves,
2.
Are fastest growing economy. China expected to surpass the U.S in
next few decades in terms of GDP and India is to the third largest
country by gdp by 2030.
3.
Lucrative investments destinations in the world with cheap inputs
and surplus labour; are major exporters boosted by well performing
manufacturing sector and high growing service sectors.
4.
Emerging multilateral financial institutions like AIIB and BRICS
Bank as future alternative to the Western dominated World Bank and
IMF.
Political and military clout : China, Russia and India are the most
powerful countries in the world by military strength after US with advance
naval forces playing key role in maritime security, patrolling and securing
strategic influence; have deep engagements with countries in Asia ,Africa
and energy rich Middle East.
Demographic:
1.
Accounts for nearly 40% of the world population with huge number
of people in working age group and most the people being young .
2.
Relatively young population carrying a great economic significance
in term of availability of cheap and surplus labour and huge domestic
consumer base.
However, there is certain factors that are impediment to the BRICS as
rising political and financial voice:1.
NDB faces several challenges, including the ability of the bank to
raise monetary funds from sovereign markets and the selection criteria
for prioritization of projects
2.
There is ample indication that despite the standard reference in
every Brics summit document that "China and Russia reiterate the
importance they attach to Brazil, India and South Africa's status and
role in international affairs and support their aspirations to play a
greater role in the UN", the two permanent UNSC members do not see
Council reforms as a priority now or in the foreseeable future.
3.
Equally, in areas where norms and institutions still do not exist, such
as global governance of cyberspace, climate change and energy

security (crucial issues for all Brics members), where there is greater
prospect for the group to shape norms and build institutions, there is
even less of a consensus. For instance, on cyberspace, while all Brics
members agree on the need for a global governance architecture, they
disagree on how this should be shaped. China and Russia are in favour
of a multilateral negotiations within the UN system while the others
support a multi-stakeholder model with a role for the government, the
corporate sector and civil society.
Trust and Will power are the must ingredients for success of any alliance
so to have a successful BRICS, member countries need to share and
address their regional, national and international grievances then only a
successful BRICS can be imagined.
What should be the primary objectives of the New Development
Bank being established by BRICS countries and how these
objectives should be achieved? Discuss. (200 Words)
BRICS development bank with $50 billion core capital seeks to create an
alternative to world bank institutions, IMF and ADB. However, the
development bank has some primary objectives ahead of it1.
Infrastructure funding--- Asia requires additional $ 2 trillion of
funding for infrastructure development. It will create jobs, boost growth
and facilitate private investment contributing to overall human
development.
2.
Democratic devolution--- NDB should focus on bottom-up approach
where individual countries will be granted capital assistance on the
basis of their needs based on their own assessments.
3.
Poverty-alleviation----Asia still has the largest section of population
under poverty. The objective of NDB funding should be based on
impact-projects that can create jobs, improve conditions of living and
promote community assets.
4.
Mitigation and climate change----Asia will have to promote
sustainable development and NDB can incentivise carbon-neutral and
disaster mitigation projects that will promote inclusive growth
These objectives can be attained in following way:
1.
Laying thrust on technology for all phases of project completion
2.
Encouraging youth to actively take part in the projects; this will also
address the employment needs of a large section
3.
Authorizing Social Businesses with their non-profit and missionmode approach to utilize the funds. They can help turn unemployed
into entrepreneurs. For such initiatives, NDB can set up country-level
social business funds as joint ventures with local partners.
In all the above objectives, NDB has to adopt a different model of
cooperation and assistance. The funding should be on bankable projects.
It should stress on the need for environment and social impact

assessments. There should be a framework that can guide the actions of

all stakeholders in projects. The mutual assistance and objective of
democratic development by NDB will go a long way to address
development deficit in Asia.
Do you think post the creation of China led Asian Infrastructure
Investment Bank AIIB), the BRICS-led New Development Bank
(NDB) has become irrelevant? Critically analyse. (200 Words)
Two new multilateral banks have started in the recent past - One is the
BRICS backed New Development Bank (NDB) while the other is the Asian
Infrastructure Investment Bank (AIIB).
1.
While the NDB was proposed earlier, it has been overtaken by AIIB,
which has gotten a lot of countries on board and generated a great
deal of enthusiasm. However, it would be fallacious to conclude that
NDB has become irrelevant due to these reasons.
2.
NDB operates worldwide whereas AIIB is limited to only Asian
continent. This is significant because NDB will provide a stand to
developing countries of world in matters relating to quantitative easing,
basel-3 norms, sustainable finances etc. This role is not expected by
AIIB as a continent specific bank.
3.
AIIB has
restricted
its
operation
to infrastructure
financing whereas NDB is
going
to
provide
finance
to many
developmental aspect apart from infrastructure such as urbanisation,
poverty eradication, agriculture and rural development.
4.
NDB is a development finance institution and its business
philosophy must be grounded in the political economy of development,
not finance. The raison d'etre for its existence is to change the terms of
discourse on development finance and to offer alternative ways to
finance development challenges
5.
As defined in last aspect the area of operation (agriculture, rural
development, infrastructure etc.) is wide in case of NDB so it would
have knowledge based operations and working rather than traditional
banking functions.
The NDB will have to raise its game and become a knowledge based
development finance institution from the very start of his tenure. BRICS
governments must refrain from interference and micromanagement in the
bank, and allow the bank to develop into a knowledge-based development
finance institution. If this happens then the NDB will, in the long run, be a
far more significant creation than the AIIB.
In your opinion, how will the China-led Asian Infrastructure
Investment Bank (AIIB) be different from IMF and World Bank? In
the light of its stated objectives, critically examine how it would
benefit
global
economy.
(200
Words)

Examination of objectives of AIIB clearly indicate that it being primarily

aimed at bridging the huge gap in infrastructure lending for Asian
countries in such a way to make these ancillary to materializing larger
Chinese
dream
of
'One Road
One belt'
project.
Hence, it does not envisage catering to the balance of payment
requirements of member countries as in case of IMF. Similarly, AIIB will
not look after requirements of concessional, soft credits or financial grants
for ambitious projects aimed on larger benefits of humanity across the
globe like MDG goals, climate change, CDM or social sector projects.
Though the main thrust behind the establishment of AIIB is in advancing
Chinese Economic and geopolitical interests, however the world economy
has much to gain from this initiative in following ways:

In aftermath of 2008 crisis, when economic slowdown and austerity

measures are rampant, AIIB emerges as a ray of hope for much needed
funding to third world and it will create stimuli to world economy for
quick recovery as a whole
AIIB will ease the Global Scarcity of funding due to drying finances
of IMF and WB and constraints imposed by new Basel norms on Banks
globally through ways of new investments
Demands generated from Asian infrastructure projects will also
boost supply from developed world's economies helping in expediting
revival .
Removal of infrastructural bottlenecks of Asian countries will
integrate hitherto underperforming regions and result will be net gain
to the global economy
AIIB lending will materialize Chinese dream of ''one road, one belt''
by integration of Asian economies .Being most developed economy of
region, it holds vast potential of growth for China. However it will also
open avenues for global investment as globalization will play as
enabling factor here.
AIIB projects will lead to newly emerged Asian regions that will be
next global destinations for manufacturing, industries and services thus
acting as a value addition to the global economy.
At a time when PPP model in infrastructure is being considered as a
failure worldwide given huge risks sovereign need to bear, AIIB comes
as a boon for poor Asian nations who lack the same. AIIB will remove
stagnancy of such economies & regions thus helping the world
economy to realize its true potential.

BRICS CONTINGENT RESERVE ARRANGEMENT

What is BRICS Contingent Reserve Arrangement (CRA)?

CRA was established in 2015 during 7th BRICS summit in July 2015.

The Treaty for the establishment of BRICS CRA was signed at

Fortaleza, Brazil in July 2014.

It is a framework that aims at providing support through additional

liquidity and other means to BRICS countries at a time of economic
crisis.
It will be providing support to BRICS countries through liquidity and
precautionary instruments in response to actual or potential short-term
balance of payments pressures.
The initial total committed resources of the CRA will be 100 billion
dollars with individual commitments as follows:
o
China ($41 billion),
o
India ($18 billion),
o
Brazil ($18 billion),
o
Russia ($18 billion) and
o
South Africa ($5 billion).
The CRA is generally seen as a competitor to the International
Monetary Fund (IMF) and along with BRICS New Development Bank
(NDB) is viewed as an example of increasing South-South cooperation.
Both CRA and NDB were annoucned as part of BRICSFortaleza
Declarationannounced during6th BRICS summit held inFortaleza,
Brazil in July 2014
Why in news? It has become operational

BRICS FTA

Background:
China has proposed for a BRICS FTA aimed at boosting trade ties in the
grouping through binding commitments on eliminating tariffs.
Current Developments:

BRICS members barring China are not keen on such a pact.

Why?
Their apprehensions about the plan include the fear that it could lead to a
surge in imports of Chinese goods into their territory in turn, hurting
local manufacturing.

Why India is not interested?

There is already a widening goods trade deficit with China.

Indias goods trade deficit with China has escalated from $1.1 billion
in 2003-04 to $52.7 billion in 2015-16.
Bi Vs MULTILATERAL

Bilateral agreements are weakening the multilateral arrangements that

looked after the Least Developed Countries (LDC's)

IPR and other regulations being used to curtail access to medicines in

poorer countries.

TTIP, TPP could curtail access to affordable drug,

CENTRAL ASIA

Analyse the major areas of cooperation between India and Central

Asian countries. Also examine if India is well placed to compete
with Russia and China in the region to play an important role in
security matters in the region. (200 Words)
India and the Central Asian region have historical links. While the
relationship in contemporary times have been weak, there is a renewed
thrust on co-operation between India and the Central Asian Region (CAR)
countries. The major areas of cooperation are 1.
Energy - Energy is the most important area of co-operation. The
CAR countries have an abundance of energy resources. India has been
in negotiations for more than a decade now to ensure access to gas
reserves of Turkmenistan through the TAPI pipeline.
2.
Security - India and the CAR countries have a shared interest in the
stability of Afghanistan and counter-terror initiatives.
3.
Trade - The trade between India and CAR is roughly $1 billion
compared to $50 Billion of China. Hence, there is a huge potential for
increasing the trade relationship between the two countries.
4.
Drug trafficking- Tajikistan is gateway for afghan drugs to Central
Asia. This money is used for funding terror activities against India
Due to reasons of geography, India is at a disadvantage compared to
Russia and China to play a significant role in security matters in the
region. However, it has a few advantages 1.
The CAR countries do not like the excessive Russian influence and
are also wary of increasing Chinese economic dominance. In such a
situation, an assertive India can play the role of a balancer.
2.
India already has an overseas air base at Farkhor in Tajikistan. This
would help India co-operate in security issues.
3.
India has been focusing on ensuring operationalisation of
the International North South Transport Corridor (INSTC) through
Chabahar port in Iran to improve access to Central Asia.
Economically, militarily as well as geographically, India is at a
disadvantage
compared to Russia and China. However, India's strong democratic
tradition and a
tradition of respect for other countries along with converging interests
with the
Central Asian Republics might give it an edge.

Critically analyse the nature of India's engagement and its mutual

cooperation with the Central Asian countries and also comment if
its "Connect Central Asia" policy has lived up to its expectations.
(200 Words)
India has traditionally attached great importance to its relations with
Central Asia. But, unfortunately, the relationship despite close historical &
cultural contacts has not progressed to the desired extent.
Constraints:
1.
Unstable situation in Afghanistan and a highly problematic IndiaPakistan relation have deprived India from the benefit of relations with
Central Asia. The Turkmenistan-Afghanistan-Pakistan-India Pipeline
(TAPI) would be a game-changer if it materializes. But slow progress on
this.
2.
Iran which provides alternative access to Central Asia. However,
India-Iran relationship for the last decade or so has not progressed well.
The International North-South Transport Corridor (INSTC) which would
pass through Iran, is still underdeveloped and requires huge
investment. India has also been slow in realizing the potential of the
strategic Chabahar Port in Iran.
What should be done?
1.
India has come up with a "Connect Central Asia policy" (2012),
which includes elements such high level visits, strategic partnerships,
comprehensive economic engagement, partnership in the development
of energy and natural resources. Development of potential in medical
field, education, e-networks, land connectivity etc. The implementation
of the policy needs to be speeded up.
2.
India needs to change its approach to Central Asia and show greater
proactivity. We must shed piecemeal approach to Central Asia. IndiaCentral Asia Trade is near $ 700 million as compared to Chinas $ 46
billion. This will require dealing with Central Asia not only at the
bilateral level but also at a collective level. India could consider setting
up an India-Central Asia Forum (on the lines of India-Africa Forum) to
deal with the region in a holistic fashion
3.
Develop Chabahar port on priority. India needs to move quickly to
invest $ 100 million
4.
Invest in infrastructure in Iran to make INSTC effective.
5.
Make efforts to join the SCO as full member.
6.
Education and medical field provide an excellent opportunity for
India to showcase its soft power.
7.
A forum of India and CAR think tanks should be set up.
8.
To institute and strengthen defence and security dialogue with
Central Asian countries.
Analyse the importance of Central Asian countries in India's

fight against terrorism. (200 Words)

There is an increase in radicalism and recruits into terrorist outfits globally.
India with a large Muslim population must seek ways to insulate itself from
such threat. An active engagement with CAR would be a step in the right
direction.
1.
Pakistan's inability to contain terrorism and Afghanistan's growing
possibility of falling into the influence of radical forces has led to create
reasons for India to seek new partners in its fight against terror. CAR
known for its moderate practice of Islam will be a viable partner.
2.
The recent trend of growing number of recruits from the CAR region
and its proximity to instable west Asia and Afghanistan makes the
region vulnerable. A stable CAR would help in containment of growing
radicalism and its spread further east to India.
CAR has an important geo-strategic position serving as a gateway to
Eurasia. A proactive engagement with CAR is in the interest of both India
and the CAR. Economic development will help contain radicalisation in
CAR. India can engage in counter terrorism strategies, development of the
INSTC, the TAPI pipeline and work on the connect central Asia policy 2012
for a more stable CAR.
CLMV COUNTRIES

CLMV stands for Cambodia, Laos, Myanmar and Vietnam

These countries have a unique position in the regional value chains
in Southeast Asia region
These countries offer a gateway for market access to China,
European Union and other markets due to various trade agreements
Why in news?
o
India is creating a Project Development Fund (PDF) for
catalysing Indian economic presence in the CLMV countries viz.
Cambodia, Laos Myanmar and Vietnam
o
It will benefit Indias industrial community for business
expansion in the CLMV countries
o
PDF will give key advantage position to India in securing
regional value chains on a long term basis
o
Besides, it will provide a dedicated market for Indian raw
materials and intermediate goods and also a dedicated source of
raw materials for Indian industry

EEU

CLMV stands for Cambodia, Laos, Myanmar and Vietnam

These countries have a unique position in the regional value chains
in Southeast Asia region
These countries offer a gateway for market access to China,
European Union and other markets due to various trade agreements

Why in news?
India is creating a Project Development Fund (PDF) for
catalysing Indian economic presence in the CLMV countries viz.
Cambodia, Laos Myanmar and Vietnam
o
It will benefit Indias industrial community for business
expansion in the CLMV countries
o
PDF will give key advantage position to India in securing
regional value chains on a long term basis
o
Besides, it will provide a dedicated market for Indian raw
materials and intermediate goods and also a dedicated source of
raw materials for Indian industry
o

INDIA EU

Recent Issues:
India and the EU are engaged in sorting out issues such as

EU ban on some pharmaceutical products (700 generic drugs)

clinically tested by GVK Biosciences. The EU ban had led to India
deferring the negotiations on the proposed bilateral Free Trade
Agreement (FTA).

Italian Marine case (which is now solved a bit after SC verdict. Read
related notes below)

Vulnerability of EU

Referendum on the UKs membership next month

Economic crisis in Greece

The worsening refugee problem

Growing opposition to globalization

Recent Developments in detail:

To enhance the trade relations, both started negotiations on Bilateral

trade and Investment Agreement (BTIA) in 2007. However, major
disagreements remain over the issues of market access in services,
agriculture, automobile, IPR .
The friction further increased due to two incidents a.

Italian marines arrest by India

b.

EU ban on 700 Generic Indian drugs.

Even in recently held India-EU summit in Brussels, European Commission

remained muted on the negotiations on the BTIA.

Another sticking point that stalled talks between the European Union (EU)
and India had been the EUs concern over human right violations in India.

ON the positive side, as highlighted in the summit's EU-India Agenda for

Action-2020, progress was made in bilateral cooperation in various fields -from foreign policy to outer space :
a.

Promise of action that in areas such as water, climate and energy

with adoption of joint declarations on the India-EU Water
Partnership and a Clean Energy and Climate Partnership.

b.

Joint declaration on counter terrorism - Both agreed to cooperate in

countering violent extremism, disrupt recruitment of terrorists and
prevent the free passage of foreign fighters. It also called for the early
adoption of the Comprehensive Convention on International Terrorism
in the UN.

c.

Adoption of The Common Agenda on Migration and Mobility (CAMM)

- to control and organize migration. Prevention of human trafficking and
promoting international protection are identified as priority areas.
Points of special interest to India on the agenda included easier visa
procedures for skilled workers, IT professionals, and business
travellers.

d.

Italian Marines issue - Both parties have officially expressed their

confidence in the legal processes of the Permanent Court of Arbitration,
where the case of the Italian marines, is currently being heard.

e.

Infrastructure- India and the EIB signed the first tranche of a Euro
450-million-loan towards the construction of a metro rail line planned in
Lucknow.

f.

Investment - The agenda also called for the "creation of favourable

circumstances for investment

Why the Free Trade Agreement between the European Union and
India has not been finalised despite starting negotiations long
back? Analyse the issue. (200 Words)

The Free Trade Agreement (FTA) between European Union (EU) and India
started way back in 2005.The agreement got stalled due to concerns of
both the signatories in the following sectors.

Concerns in agro Sector: India's exports to EU includes mainly

vegetables, fruits and dairy products. But EU subsidizes dairy products. So
an increased inflow of dairy products from EU will spoil the demand of
domestic products.EU had earlier banned Indian mangoes.

Concerns in manufacturing sector: India imposes heavy duty on

automobile parts
and assembled automobiles like cars. So EU wants a relaxation on tariffs
of automobile products. They are also seeking reduction in duty of liquor,
spirit and alcohol.

Concerns in service sector: According to RBI survey demands for Indian

software
Services have reduced over the years in EU. India wants improved market
access in ITES/BPO/KPO. India also wants relaxation in movement of
skilled professionals into EU. Now there exist problems in wage parity,
work visa status, recognition of India's professional qualifications which EU

is not ready to do away with. EU wants access to legal and banking

services which India haven't opened so far.

Recent ban on 700 generic medicines from India by EU. These medicines
have been in European market for past many years and have not shown
any adverse effects.

Policy concerns: EU considers India's IPR policy as a weak one. It wants

exclusive marketing rights for new drugs after regulatory approval. India
wants Data secure status under Data Protection Privacy Act which will
safeguard Indian companies from heavy fines in case of data leakages.

The FTA is expected to reduce tariff and red tape in at least 90 percent of
the trade areas. So both the authorities must try to reach a win-win
situation in line with WTO FTA , except in case of safeguards for farmers
and food security.

For many years India EU free trade talks have not progressed
well. What are the issues that are holding back signing a free
trade agreement between India and EU? What are the benefits for
India?
Examine. (200 Words)

India-EU relationship dates back to 1960s when India was the first country
to establish relationship with European economic union which later
evolved into common market -European union.

Currently EU is the largest trading partner of India and account for 20% of
India's trade and a major source of FDI whereas India is the 9th largest
trading partner.

However multiple negotiating rounds, EU- India summits have not been
able to iron
out differences on the BTIA for the following reasons

EU's concerns:
1.
2.

3.
4.

5.

India's protectionism to automobile sector

India's Intellectual property regime with the provision of compulsory
licensing and manufacture of generic medicine
Domestic source obligation in the multi brand retail
Duty and tariff protection in areas of wine , spirits and dairy
products
Civil nuclear energy generation legislation

6.

Data Security: Based on current standard of protection to data in

India the EU refused to grant the status of Data Secure Nation. Data
secure nation needs to protect the important data related to
innovation, research, individual details, IP etc. to be safeguarded. This
affect High end business products specifically. European companies
doing outsourcing business with countries not certified as data secure
have to follow stringent contractual obligations that increase operating
costs and affect competitiveness.

7.

Vodafone case has threatened EU investors from entering India due

to retrospective taxation measures. So such taxation is also acting as
road block.

8.

EU allegations of Human Rights violations concealed funding to

NGOs in India and recent legal proceedings regarding Italian
marines have brought ties at stand still.

India's concerns:
1.

2.

European Union's heavily subsidised agro industry. This could hurt

Indian farmers
EU Import restriction- like ban on the import of mangoes from India

3.

Work visa restriction - movement of skilled professionals

4.

Technology transfer issues

India EU FTA has a lot of road blocks but it is in benefit of each other. EU
will gain market of 1.2 billion whereas India will gain in terms of
Technology, Investments from EU. Both are needed to be pragmatic in
approach while working on it in future. India's share in services trade with
EU can grow manifold. Cheaper imports of European luxury items like
cars, wine. European expertise in agriculture, infrastructure and urban
management can augment Indian drive in make in India, Swachh Bharat
Abhiyan & agricultural research.

Compared to Indias relationship with US, Germany and France,

its relationship with the European Union (EU) is said to be in
doldrums. Critically examine why. (200 Words)
India-EU relations have been on the wane for some time. However, at the
same time, India's relations with the constituent units of the Union
including Germany and France are at historical highs. This dichotomy may
be
explained
on
account
of
the
following
factors:
1.

India doesn't take kindly to being lectured to on issues which she

considers herself competent of handling. For example, India considers
human rights violations as a domestic issue and would wish to handle it
within India's political space. EU's insistence on including HR provisions
into Free Trade Agreement has hampered trade between the two.

2.

Given the lack of cohesion among the EU constituents on strategic

issues, India prefers establishing bilateral relations rather than dealing
with the EU as a whole.

3.

The case of the two Italian marines being tried in India was
manslaughter has become a festering wound. The EU's stand on the
issue is seen by many in India as a challenge to her sovereignty.

4.

EU's reluctance to provide India with strategic dual use technology

has pushed India into a closer huddle with the US and other European

countries like France. India therefore, doesn't see the EU as a reliable

partner.
5.

EU
is
characterised
by
over-institutionalized
and
overbureaucratized, which makes it far less attractive as a bilateral partner
as compared to less institutionalised regimes such as the ASEAN and
SAARC.

6.

EU has next to nothing to contribute to her energy demand or other

principal security interests.

7.

When it comes to India's desire to find a permanent place on the

UNSC, it is not the EU but the existing European permanent members,
the UK and France, who bring more value to the table for India.

8.

Finally, the on-going Eurozone crisis has greatly undermined India's

confidence in the EU.

A framework addressing the above mentioned issues could go a long way

in strengthening ties in light of India and EU's affinities and common
concerns such as increasing fundamentalism.

Related Notes:

Italian Marine Case

IBSA

IBSA has been overshadowed over the past few years by that
other acronym without an adjective, BRICS. Critically discuss the
potential of IBSA forum, Indias role in it and the need for its
revival.
(200
Words)
India Brazil and South Africa came together in 2006 to form IBSA for the
want of reforming UN Security Council and to discuss climate change. But
it has languished ever since and not played any prominent role because of
following
reasons:

1.

Elevation of G20 as a platform for discussion on global economic

issues.

2.

Most importantly, the rise of BRICS which has IBSA plus Russia and
China. BRICS seems to be a body of action as is evident from its
declarations, occasional anti-West agenda and formation of a BRICS
bank.

3.

Despite having joint exercises like IBSAMAR and few areas where
the interests of its members can potentially clash, still IBSA remains
mostly a passive organization but needs to be revived for multiple

Reasons:
1.

The three nations represent three vibrant democracies from three

developing continents, each one the face of it and each one being a
multicultural, multi ethnic society. So they are together the Global
South.

2.

Apart from aspiring the permanent seats in UNSC, these nations

have much to discuss in common interests like climate change, money
laundering, drug trafficking and terrorism.

3.

All three lie have coastlines which can be leveraged for maritime
development. India is in Indian Ocean, Brazil in southern Atlantic and
South Africa in between the two.

4.

There are lot of synergies and complementarities between these

nations. Like India has land resource crunch while Brazil is land rich.
India and South Africa share a cultural and heritage link due to Gandhiji
and Nelson Mandela.

5.

All are feeling the heat of Chinese economic hegemony in their

respective neighborhoods, be it Asia, Africa or Latin America. China
would want IBSA to be dissolved as IBSA did not invite China at its
imitation.

So there are enough incentives for IBSA to be revived and India, being the
economic powerhouse of this group, can play a leading role to this end by
taking the initiative in the next IBSA summit.

INDIA AFRICA FORUM

India

Summit

Started in 2008

Africa

Intergovernmental attempt to give direction and thrust to bilateral

synergy

Summits: 2008 (New Delhi); 2011 (Addis Adaba) ; 2015 (New Delhi)

Achievements:
o

India has committed unprecedented level of resource e.g.

promise of $5bn in soft loans

India offered duty free access to Africa's Least developed

countries
Institution building and training fellowships to Africa

o
o

Increased People to people contact: Students, Entrepreneurs,

medical tourists

Increased cultural and informational contacts and mutual

awareness

Many Indian corporates have invested in Africa (India - 6%

ahead of China - 3% in Private corporate investment)
Challenges:

Competition: China, US, EU, Japan also have similar

arrangements & they have more resources to spare (Chinese
investment - 180 bn between 2005-15)
Changing Dynamics in African continent:

Lower commodity prices

Greater democracy

Rise in militancy

Population growth

Preponderance of youth & Urbanisation

Less people to people contact

Very

few

direct

flights

from

India

to

Africa

Way Forward:

Inject greater Bilateralism

Balancing the process

Differentiating between countries with different stage of

development

Countries with capability need to contribute rather than

being passive recipient
Better leverage our two strong assets

Indian Private sector

Indian Diaspora in Africa

Improve last mile of the delivery chain to ensure efficacy e.g.

$150 mn Pan Africa e-Network project has received only limited
interest

India needs to make more vigorous efforts to inform about its

contributions e.g. during Ebola crisis despite being frontrunner in
contribution
India
received
scant
acknowledgement
and
appreciation --> media campaigns

Summit 2015

Delhi Declaration

Infrastructure building - "Cairo to cape town, Marrakesh to

Mombassa"

Credit at concessional rates of $10 billion over 5 years (in addition

to 4.7 billion that India had already pledged since 2008)

Grant assistance of $600 million (India-Africa dev fund , India-Africa

Health fund)

Related Notes:

India-Africa

INDO GULF RELATIONS

Why Gulf nations are important for India?

India is dependent on these nations for oil/gas imports

Gulf nations are investing in India's infrastructure for ex. Qatar

funding for NIIF and UAE commitment to invest.

Indian workers in Gulf bring huge remittances (almost 50% of India's

total)

Supports India on global platform like Counter Terrorism issue, UNSC

membership etc.

Share common interest of safety in Indian Ocean, anti-piracy etc.

What some of the issues in this region?

Unhuman condition of work. Strict an biased laws.

Unstable region due to war crisis in West Asia

Strong ties with Pak will lead to secondary treatment for India in
relevance to Pak

Deep Iran-Saudi divide over political and religious conflicts on which

India lacks stand

MERCOSUR

Mercosur is a sub-regional bloc.

Its full members are Argentina, Brazil, Paraguay, Uruguay and
Venezuela.
Its associate countries are Bolivia, Chile, Peru, Colombia, Ecuador
and Suriname
The Mercusor trading bloc was established in 1991
Brazil has asked India to expand its commercial and multilateral
footprints in South America by expanding its relation with MERCOSUR

NUCLEAR SECURITY SUMMIT

4th Summit held in Washington DC.

What is a Nuclear Security Summit? When did it start?
The Nuclear Security Summit (NSS) is a world summit, aimed at
preventing nuclear terrorism around the globe. The first summit was held
in Washington, D.C., United States, in 2010. It is held every two years
since 2010 and it is the fourth and final in a series of summits.

What are the key goals of the NSS?

The goal of the NSS is to address concerns about fissile material falling
into the wrong hands at a head-of-state level. It includes minimizing the
use of highly enriched uranium (HEU), bolstering security at nuclear
facilities through enhanced national regulations and implementation of
best practices, enhanced membership in international instruments and
organizations such as the International Atomic Energy Agency (IAEA),
instituting measures to detect and prevent illicit trafficking in nuclear and
other radioactive materials, and Centers of Excellence, build capacity,
develop technology and coordinate assistance on nuclear Security.
What are the limitations of the NSS process?

As NSS covers nuclear material only for non-military purposes, 83%

of the nuclear material falls outside its ambit.

Despite its intent, the NSS has also not been able to amend the
IAEAs convention on nuclear safety.

The fact that there is no legally binding outcome at the end of six
years of NSS process is its major drawback. The NSS process has
instead focused on asking countries to tighten their national laws, rules
and capabilities on nuclear security. This has meant that military
facilities are treated as national responsibilities and dealt as per
international obligations

Absence off Russia which has largest stockpile of nuclear weapon,

devoid credibility of such summit.

Break down of START between Russia and US and nuclear

modernization plans of Pentagon(US) reduces any commitment on
disarmament as mere lip service.
What has been Indias contribution to the NSS?
India has played an active role at the summits with the first two being
attended by then Prime Minister Dr Manmohan Singh. As part of the house
gift, India made a voluntary contribution of one million dollars to the
Nuclear Security Fund and has established a Global Centre of Excellence
for Nuclear Energy Partnership (GCENEP), where more than a dozen
national and international training programmes have been conducted so
far
Threats faced by India:
India is a source of nuclear material and a potential target of nuclear
terrorism. While India takes pride in the security of its nuclear
installations, orphan sources i.e. devices with radioactive materials
outside regulatory and security measures could pose serious risks.
According to a recent report by the Washington DC-based Nuclear Threat
Initiative, India also has groups that want to acquire nuclear material. The
report that ranked India low in nuclear security measures, cited corruption
as a key reason that could compromise its nuclear facilities.
Security experts have identified at least four types of specific threats that
terror outfits pose-

1.

These groups could acquire a nuclear weapon from the arsenal of a

nuclear state.
2.
They could acquire enough fissile material to construct an
improvised nuclear device.
3.
They could acquire radioactive material from civilian sources such
as hospitals or university laboratories that could be mixed with
conventional explosives to make a radioactive dispersal device or dirty
bomb.
4.
Terror groups could also sabotage a nuclear facility leading to largescale loss of lives and destruction.
04/04/2016
Objective of current Summit:
The two-day summit was aimed at getting political leaderships directly
involved in dealing with the threat of nuclear terrorism in the light of rise
of new terror groups like ISIS
What are the outcomes?
1.
Adoption of Washington Communique, which urges states(who have
not yet signed and ratified) to adopt and ratify legal Instruments like
International Convention for the Suppression of Acts of Nuclear
Terrorism and the International Convention on the Physical Protection of
Nuclear Materials.
2.
Creation of a Forum in the form ministerial level international
conference under the aegis of IAEA.
3.
Attention brought on link of nuclear security with cyber security.
4.
Voluntary Pledge to reduce the use of highly enriched uranium(HEU)
and plutonium in civilian nuclear facilities.
Whats expected ahead?

India and Pakistan need to make progress in reducing their nuclear

arsenal and ensure they do not continually move in the wrong direction
while developing military doctrines.

To reduce the global nuclear arsenal it is necessary for the U.S. and
Russia, the two largest possessors of nuclear weapons, to lead the
way.

The Islamic State (IS) terror group obtaining a nuclear weapon was
one of the greatest threats to global security. World leaders should
work together to prevent such spread.
What has India done in this regard?
India has taken multiple measures to prevent terrorists acquiring nuclear
weapons.

India has set up apermanent team of technical and security

expertsfrom multiple ministries and agencies that conducts table top
exercises simulating nuclear smuggling, phased out the use of highly
enriched uranium (HEU) and built a database of all radioactive sources
in the country.

It has also startedreal-time tracking of radioactive sourceswhen

they are transported and set up a network of 23emergency response
centresacross the country for detecting and responding to any nuclear
or radiological emergency.
India is also in the process of equipping all major seaports and
airports of the country withradiation detection machines.
While nuclear security is a serious domestic concern, India also used
the platform to push its desire for membership in the Nuclear Suppliers
Group (NSG), the exclusive club that controls global nuclear trade.
Indias export controls list and guidelines have been harmonised
with those of the NSG, and India looks forward to strengthening its
contribution to shared non-proliferation objectives through membership
of the export controls regimes.

11/04/2016
The Group of 7 (G-7) countries foreign ministers have issued Hiroshima
Declaration that calls for a world without nuclear weapons.
19/04/2016
Major obstacles to Nuclear Disarmament:

It is very difficult to see huge reductions in nuclear arsenal around

the world unless the United States and Russia, two largest possessors
of nuclear weapons, lead by example

Nuclear weapons being used as deterrent, so countries are not

willing to go for disarmament

Both the United States and Russia have launched massive long-term
nuclear weapons modernisation programmes, which in the case of
the United States are estimated to cost as much as $1 trillion over the
next 30 years
RCEP

18/04/2016
Regional Comprehensive Economic Partnership
Regional Comprehensive Economic Partnership is a proposed free trade
agreement between countries of ASEAN(10 countries) and 6 other
countries (including India).
India should join RCEP because:
1.
Allows India to diversify markets in Southeast Asian countries and
garnering benefits of common FTA over the whole region
2.
Enable India to become a member of global production networks by
scattering the production chains in different countries

3.

Lenient time limits for attaining labour and environmental standards

along with provision of protecting small industries would allow India to
secure domestic interests
4.
Joining the bloc will give boost to 'Act east policy' and would acts as
shield against losses due to Trans Pacific Partnership
India should not join RCEP because:
1.
Study by Commerce Ministry indicates that it can lead to a revenue
loss of 1.6% of the GDP
2.
Joining the bloc can result in cheaper imports from China as China
offers low price and better quality
3.
Competition with Indonesia and Philippines can reduce the benefits
of service trade within the bloc
4.
Domestic issues may arise due to such alliance such as harm
domestic manufacturing, leather industry etc.
5.
Ambiguity in the definition of balanced outcome with respect to
downscaling of tariffs
20/04/2016
Latest development:
The Regional Comprehensive Economic Partnership has asked India to
either agree to eliminate tariffs on most products quickly or leave the
talks on the proposed Free Trade Agreement (FTA). Some member
countries want India to take a long-term approach and agree to eliminate
duties in goods (barring in a few sensitive sectors in agriculture &
industrial goods) on a higher threshold within a decade to help India
leverage the opportunities arising out of the Global Value Chain.
21/04/2016
Indian Efforts: India was one of the first countries to have submitted its
offers on Goods, Services and Investments even before the last RCEP
Round in Brunei held in February 2016. Indias prompt offer was highly
appreciated by all the RCEP member countries.
23/04/2016
Draft RCEP agreement if finalised can reduce access to cheap medicines
due to its rigid stance on IPR issues.
Some TPP member who are also part of RCEP are trying to push TPP
standards in RCEP
REGIONAL TRADE AGREEMENT

Context:
Regional Trade Agreement which are under negotiations like RCEP, ASEAN
TA etc. contain several IPD provisions which may harm Indian interest.

Data exclusivity and Patent term extension are two of the major issues.
What is "Data exclusivity"?

It is a form of legal monopoly protection for a drug, over and above

the patent protections.

It is given expressly to compensate for the investment made during

clinical trials.

It implied that regulators cannot approve a similar drug with similar

data for the next five years, delaying the entry of generic, affordable
versions.
What is "Patent Term Extensions"?

These are given to compensate the company for delays in

processing patent applications.

A patent term extension will give another five-year monopoly to the

innovator company, again delaying the entry of generic drugs in the
market.
What would be impact of these provisions?
These provisions will impact innovation centric sectors like Pharma.

SAARC

Important development:

India will not take part in SAARC summit in Islamabad due to

continuous cross border terrorism

Afghanistan, Bangladesh and Bhutan also declared their reluctance

to attend the meeting

Nepal blockage (Due to new constitution; By Madhesis) is not in the

spirit of regional cooperation
Comparison of SAARC vis-a-vis NAFTA

Level of development in both the regional groupings are very

different.
o
In 1990 - Per capita GDP of US was 10 times that of Mexico
o
In South Asia difference is not that much

NAFTA was created by Mexico looking to use USA as an anchor

economy, India is not seen as that anchor

In NAFTA, Mexico got certainty of access to the US markets in return

of liberalising economy considerably. Situation in south Asia is different

There was no competition for USA in NAFTA to act as anchor. In

South Asia China is seen as an alternative
Two Problems in South Asian economic Integration:

1.
2.

External Politics
Domestic political ramifications of opening markets to neighbours

SAARC without Pakistan

Ever since it was launched in Dhaka with its first meeting in 1985,
the platform has been hijacked by the India-Pakistan rivalry.

It was a multilateral platform with a bilateral agenda.

Given Pakistans opposition of any Indian initiative, the grouping

never really achieved more than rhetoric

Examples:
o
Prime Minister Narendra Modi offered to build a SAARC
Satellite, a gift from India which would serve all the countries of the
group. Pakistan was the only country that declined. Eventually,
India decided to go ahead with the project and declared it as a
South Asia satellite instead.
o
Attempts were made to sign a treaty which would ease train
and road transhipment among member nations in 2014. Pakistan
opposed it and BBIN was signed instead.

Positives of SAARC - Pakistan

o
Pakistan anyways didn't cooperated in SAARC. It only created
obstacles.
o
Discussions can now become more multilateral rather than
being focused on Indo-Pak rivalry

Negatives of SAARC - Pakistan

o
Victim card will be played by Pakistan. It will say that India is
using its economic power and size to isolate Pakistan in the region
o
Afghanistan will be at a loss as all routes go through Pakistan
o
SAARC may become defunct altogether as BIMSTEC will
become more relevant. Work done for decades in SAARC will
become futile.
Analyse with suitable examples why maintaining friendly
relationship with its South Asian neighbors will be good for Indian
economy. (200 Words)
"One can choose friends but not neighbors"
India with its long history had problems with many of its South Asian
neighbors. For any country to continue their journey towards growth
contentious relations and hatred from neighbors will be a thorn in their
progress
and
India
is
no
exception.
1.

Maintaining peaceful relation with Pakistan is utmost important inorder to focus on development, otherwise India cannot fulfil its
aspirations to be one of largest economies. Untapped economy of
Pakistan can be a resource for trade and commerce.

2.

Shared porous border with Bhutan and Nepal are important for
cultural ties, better economic integration, exchange of benefits like
power, growing together peacefully.
3.
The ethnic ties is a parallel string of connection along with Palk strait
with Sri Lanka, economic development of Tamil fishermen contribution
to country, exchange of Buddhist cultural values will promote peace in
India especially Southern State of Tamil Nadu which is important for
country's holistic development.
4.
Development of Afghanistan is in the interest of India for peace in
the region from problems of terrorism and Afghanistan economy can be
a better bet for Indian businesses to spread their presence.
5.
The island nation of Maldives with Indian diaspora is a contribution
in itself and growing ties will encourage the trade, tourism of both.
South Asian neighbors are a valuable resource for economic integration of
India and
they can benefit immensely with their growing population and needs. The
problems of terrorism, border disputes, tax issues if solved then these
nations will add to Indian economy growth
Critically discuss the efforts made by SAARC countries to forge a
strong social and economic integration between their people and
the challenges they are facing in this pursuit. (200 Words)
SAARC(est 1985) is a regional grouping of 8 South Asian countries. They
have inherent positives like similar historical context, topographical and
demo-graphical features, natural resource endowments and social cultural
ethos. SAARC has taken many initiatives for the economic and social
integration of the region such as 1.
SAFTA, SAPTA and SATIS - These initiatives are aimed at regional
economic integration in terms of goods and services trade.
2.
SAARC Motor Vehicle Pact - It will help enable seamless transit for
the passenger and cargo vehicles among BBIN member countries(as
Pakistan has opposed it)
3.
Concept of SAARC satellite and SAARC university for social and
economic integration
4.
Hydro power generation and power trade agreement between
member nations like Bhutan, Nepal and India. Proposal for a regional
electricity grid.
5.
Setting up SAARC development goals on line of MDGs to alleviate
poverty
6.
SAARC development fund, SAARC food bank
7.
SAARC youth festivals and most important of all SAARC people's
meet.
8.
Declaration of 2016 year as SAARC year of cultural heritage and
decade 2010-2020 as year of intraregional connectivity.

9.

Besides, SAARC countries are engaged in various bilateral and subregional agreements to make-up for lack of progress, if any, at the
regional level.
10. Bangladesh, Bhutan, India and Nepal (BBIN) formed a South Asian
Growth Quadrangle aimed at boosting co-operation in energy and
power, environment, trade and investment etc. This was later joined by
Maldives and Sri Lanka.
Having said that, this region has several issues like1.
In built contradictions - They are w.r.t population size, military
strength, GNP, area etc. of member countries
2.
Varied security/threat perception- Smaller countries look towards
extra regional powers to offset it
3.
Unscientific and illogical partition by colonial power- This has left the
region suffering from many boundary ,both land and maritime, issues
4.
Diverse political culture- Different countries have varied political
systems like democracy, military dictator ship, presidential and
monarchy form of govt., creating hurdles in aligning the ideology.
5.
Indo -Pak conflict - Two of the biggest powers have fought 3 wars
since 1947 and harbour utter distrust for each-other and even led to
nuclearization of the region.
6.
Increased Chinese influence in the region
7.
Widespread socio-economic problems- hunger, terrorism, ethnic
rivalries, political turmoil, leadership crisis.
8.
Negative List on Import items de incentives trade and its growth.
SAARC countries would do well to build on their natural strengths and
resolving issues mutually to help the region prosper for the betterment of
their people.
Examine how the South Asian Free Trade Area (SAFTA) Agreement
has impacted India. (200 Words)
India is poised to become an economic powerhouse. This can't be done in
isolation from other economies. FTA is an avenue where India can achieve
economic and trade integration with her partners.
India currently has FTAs with ASEAN, Korea, Japan, Malaysia, Singapore,
Sri Lanka and Thailand. FTAs can be formulated to mutually benefit
partner countries by abolishing tariffs on movement of goods and
services.
Specific goods and services can be open for FTA and others might be kept
out of its purview. SAFTA is an FTA between all the South Asian countries.
Though it's a FTA it keeps essential commodities like agricultural produce,
automobiles etc. out of its scope. Thus SAFTA is a weak FTA and hasn't
achieved economic integration at all. This is mostly due to India's

geographical and economic size which might be intimidating to nonexporting countries.

A large negative list is maintained by countries like Pakistan to protect
their domestic markets.
As a result south Asia is one of the weakest economically integrated
regions of the world. Over 40% of EU trade happens within EU while it is
less than 5% for South Asia. SAFTA thus hasn't affected India's economy
the way it could.
But, it has enhanced the status of India of non-reciprocity in behaviour
among neighbouring countries and has paved the way for better regional
integration among SAARC nation. Further it has also provided boost to its
Act East policy, since it paves way for increasing economic growth of
North-east region.

SCO

Shanghai Cooperation Organisation

The SCO is a political, economic and security organisation of China,

Russia, Tajikistan, Kyrgyzstan, Kazakhstan and Uzbekistan.

The SCO is primarily centred on its member nations' Central Asian

security-related concerns, often describing the main threats it confronts
as being terrorism, separatism and extremism.

India and Pakistan have been observing member, but this year both
will become the functional member of the Shanghai Cooperation
Organisation (SCO).
Advantages of SCO membership:
India's membership provides several advantages:
1.
It provides another venue for engagement with China and Pakistan,
building up trust through cooperation.
2.
Full membership will enable New Delhi to closely interact with the
SCO's Regional Counter-Terrorism Structure (RCTS) based in the
Uzbekistan's capital Tashkent and participate in military exercises.
3.
SCO can play a key role in stabilizing Afghanistan post international
troop pull-out and in talks with the Taliban.
4.
Promotion of India's economic integration with the Central Asian
republics, which is in line with India's Connect Central Asia policy.
Member countries of the grouping are rich in energy resources both
hydrocarbons and uranium.
5.
Opens up trade, energy and transit route to Russia and China
through Central Asia.
6.
It will fit into India's extended neighbourhood policy.

7.

SCO could benefit

fundamentalists.

from

India's

experience

of

tackling

Why SCO membership may not be beneficial?

There are various reasons for this:
1.
A deep trust deficit between various members. India and Pakistan's
joining will aggravate the differences.
2.
SCO has only a handful of permanent bodies, such as its Secretariat
or the Regional Anti-Terrorist Structure based in Tashkent. These bodies,
like the SCO as a whole, remain chronically underfunded and have
limited powers to take decisions independently of their member
governments.
3.
China has always viewed the SCO as "its organization" and SCO is a
forum in which it is a rule maker rather than a rule taker.
4.
After India becomes member of SCO, China may try to enter
SAARC.
5.
US has applied for observer status in SCO in 2000s but same was
rejected by SCO citing geographical location. Now in the middle of
increasing Ties between US and India, Membership to SCO can put US
in suspicion towards India
6.
Indo-Pakistan long standing hostility could prevent more regional
cooperation among SCO members. Also, third party intervention in
Indo-Pak ties could increase which India would not welcome.
Link between SCO and OBOR:
1.
China would push OBOR via SCO
2.
India has not shown interest towards OBOR and thus there might be
some conflicts in SCO
Related Questions:

Critically discuss the advantages and disadvantages of SCO

membership for India. (200 Words)

WEST ASIA

Despite being a major player in the region, it is said that India's

foreign policy in West Asia lacks vision and is nearly moribund.
Critically examine why. (200 Words)
India's policy towards West Asia seems to follow no definite approach
despite the civilizational links, economic relations (dependence on crude
oil supply) and presence of thousands of Indian emigrants in the region.
The reasons for this lack of vision may be attributed to the following
reasons: -

1.

Piggybacking on Big Powers' stance:-Post 9/11 India has given up its

own say in the matters relating to the region and instead has taken
sides with Russia and China at the UN or allowed itself to be influenced
by the US. With no stance of its own India's voice has lost its timbre.
For example: -in case of Syria after voting against the Assad regime in
the UN along with US it turned around against the West on the issue.
India voted against Iran on the nuke issue presumably under the US
pressure, despite the engagements like Chabahar port and Delaram
Highway.
2.
Wanting to play it safe in the region:-Instead of taking a stand on
any conflict in the region India has always chosen to keep a distance
and this distance keeps increasing with increasing conflicts in the
region. The Palestine issue seems to be another area where India is
facing problems due to increased trade in defence with Israel and
silence is construed as endorsement of human rights violation. India's
role seems to have been limited to evacuating its citizens form war
torn areas.
3.
Dialogues with 'influencers' in the region instead of regional powers:
-India has wrongly believed in engaging with the powers like Russia and
US for the problems of the region instead of effectively engaging with
regional powers like Saudi Arabia and Iran through platforms like GCC.
The most glaring evidence is lack of diplomatic and high level visits.
The region is torn with ISIS, political turmoil, mutual bickering and ShiaSunni sectarian divide. West Asia accounts for 70% of all our oil imports.
Also bulk of the trade is carried through this region via Suez Canal. Not
only this-thousands of Indians are working in the region and sending in
huge amounts of remittances back home here in India. It is time that the
Indian govt realizes the importance this region holds for the country. And
any such policy should be independent of others and not influenced by
them.
In the light of ongoing regional conflicts in the West Asia,
critically analyse the relationship between Pakistan and Saudi
Arabia and its implications for India. (200 Words)
The Sunni-Shia dynamic finds a more political expression in the rivalry
between Saudi Arabia and Iran that are backing competing groups in the
various civil wars. If Tehran has lent support to the Bashar al Assad regime
in Syria, Riyadh is arming various rebel groups trying to overthrow the
government in Damascus.
Interdependence between the two: The Saudis want Pakistan to act as a
counterweight to Iran, and have long cultivated a close relationship with
its military
For Pakistan; Saudi Arabia is not only a long-standing source of aid but a
principal source of foreign exchange through much-needed remittances.

The problem for Pakistan: Being drawn into the Middle Easts sectarian
battles carries a greater domestic and regional risk for Pakistan than it
does for most of the Saudis other partners due to need to develop a
favourable relationship with Iran to solve its own Taliban problem
Implications for India: Though strain in the relations between Saudi Arabia
and Pakistan is definitely in Indias favour, Indias needs to balance
between Saudi Arabia and Iran, the two adversaries who happen to be
New Delhis allies. India needs a multi-vector policy and maximising every
bilateral tie irrespective of the size and political weight of the country.
Indias benign image and non-interventionist policy puts it at an
advantage compared to other West Asian powers.

FOREIGN POLICY

BIG BROTHER

New Delhis approach to its neighbors has increasingly been marked

by muscularity, evident in its recent attempts to browbeat Nepal into
carrying out amendments to its Constitution.

A brash neighborhood policy will not only help drive neighbors into
Chinese fold, but also provide traction to Pakistan's campaign against
an "Indian Domination"

South Asia needs is a friendly India, not a powerful big brother India
o
New Delhis efforts at influencing the Nepali political elite to
effect constitutional amendments - "Back off India" Campaign
o
The petroleum products crisis in Bhutan and the way it
effected a regime change
o
Myanmar 'hot pursuit' of rebels

India need to follow some basic principles in dealing with its South
Asian neighbors:
o
Good intentions are not enough --> need is to translate
declarations into concrete results
o
Sustained political attention at highest level
o
Uninterrupted dialogue

Strategic choice is not between intervention and nonintervention rather when and how to intervene - it should be based
on careful political judgement
o
India cant compel its neighbors to act in a particular manner.
Like US, Russia, China it must learn to live with the limits to its
power in the region --> use of blunt instruments makes the attempt
of persuading neighboring states much more difficult
o
Margin of error in India's regional diplomacy is shrinking
thanks to the rise of China. Therefore India needs to be cautious in
her thinking and action in neighborhood
o

DEVELOPING VS DEVELOPED DILEMMA

U.S. and the European Union look to India for strategic

convergence.
Asian and African nations expect Indian leadership at the WTO and UN
forums.
India has been a leader of developing countries till now via forums
like NAM, G77 and negotiated landmark agreements like GATT, Rio
Declaration on sustainable development
India has ratified Trade Facilitation Agreement which will create
awkward situation for India in front of developing world.

DYNAMICS OF FOREIGN POLICY

Compare and contrast challenges faced and the way they were
managed by India on foreign policy front during the post Cold
War
era and post- 2008 global economic crisis. (200 Words)
POST COLD WAR ERA:
End of cold war with soviet union disintegration in 1991 created new
realties
and
new
challenges
for
India:
1.
2.
3.

A unipolar world- weakening relevance of NAM

Fall of soviet union- needed closer ties with US, the sole superpower
Era of liberalization- new vigor of economic diplomacy searching for
new partners
4.
Nuclear test of 1998- sanctions by international community

5.

Increasing dominance of the west in international institutions like

WTO, IMF, WB
6.
Terrorism having its origin in cold war raising its head
How they were tackled:

Tie with US strengthened and taken to strategic level

Indo-US civil nuclear deal and resulting support by US and her allies
eased sanction and persuaded the world for India specific nuclear
policy

Look east policy to strengthen ties with economically crucial southeast Asia

Trade ties with china deepened

Strong voice against terrorism and canvassing for global

cooperation
POST 2008 FINANCIAL CRISIS:
Challenges:
1.
Slowdown of the west affecting Indias economy against need for
alternative and new economic partners
2.
Perceived weakening of US- growing assertion of Russia and china
3.
Emergence of some states in EU like Germany
4.
Chinese
assertion
in
Indian
Ocean
region
How it is being managed:

More south cooperation via BRICS, more collaboration among

developing nations

Not taking sides in the geopolitical posturing of Russia and china

Act east policy to further deepen ties with the region

Sagar mala yatra by PM and reviving Indian Ocean rim association

An energetic and vigorous foreign policy with long-term policy protecting
Indias
strategic and economic interest while treating others on the basis of
equality and
partnership will be the key.
EAST VS WEST DILEMMA

In recent years, India has become more open and aggressive in its foreign
policy. It is approaching both east and west which at sometimes are
antagonistic to each other.
Tilt towards West:

Joint military exercises with US and Japan

The Logistics Exchange Memorandum of Agreement (LEMOA) on

defence with USA has been finalised
India has been declared the U.S.s major defence partner
India has showed its cooperation with US led alliances, especially in
the South China region

Tilt towards East:

India joining SCO. The stated aim of SCO is jointly preserving and
safeguarding regional peace, security and stability; and establishing a
democratic, fair and rational new international political and economic
order. Analysts have always believed that the reference to the new
order juxtaposes the Eurasian SCO as a counterpoint to the
transatlantic North Atlantic Treaty Organisation
FOREIGN POLICY ARCHITECTURE
New Government's priorities:
1.
2.

Neighbour First: Prioritizing an integrated neighbourhood

Domestic interest: Leveraging international partnerships to
promote Indias domestic development.
3.
Act East: Ensuring a stable and multipolar balance of power in the
Indo-Pacific
4.
Counter Pakistan: Dissuading Pakistan from supporting terrorism.
5.
Global Role: Advancing Indian representation and leadership on
matters of global governance.
Steps taken with this New approach:

Warmed up to America

Sustained the old friendship with Russia

Deepened strategic partnership with Japan and Australia

Boosted India's neighbourhood policy

Wooed international business leaders

Reconnected with India's diaspora

Championship of reforms of UNSC

Stress on environment

Initiative to get closer to France, Canada, Germany, islands state

and Africa
Critically examine the inadequacies in India's foreign policy
architecture and suggest what needs to be done to address these
inadequacies. (200 Words)
Foreign affairs in the present times need a professional approach and
technical knowledge in diverse fields like climate change, trade relations,

strategic aspects etc. Given the rising profile of India on the global front,
there must be an overhaul of the Indian foreign policy architecture to
buttress India's position globally. Some lacunae
are as follows 1.
The cadre strength of the Indian Foreign Service (IFS) is around 900.
This is too low. As an analogy, much smaller city states like Singapore
have more diplomats than India.
2.
Due to small cadre strength India is not adequately represented in
many areas around the world. Thus, India's ability to influence other
nations suffer.
3.
The perspective Policy Division of the Ministry of External Affairs is a
moribund institution which does not get due importance.
4.
The low cadre strength leads to over worked officers who are too
involved in day today administrative affairs to devote much time to the
larger picture and policy formation.
5.
Foreign affairs encompass diverse fields like strategic affairs,
economic affairs, cultural affairs etc. However, the foreign policy
establishment in India rarely has outside experts or even officers from
other departments on deputation to deal with such issues effectively.
6.
Intellectual weakness- Indian foreign service officers are generalist
by training. while in the contemporary diplomacy to which issues
ranging from trade to climate change to science and technology are
central, these officers are becoming less efficient to deal with these
issues.
7.
Ideational shortcomings- The Indian foreign policy establishments
suffers from an acute inability to ideate outside the box. Much of the
intellectual are spent on routine management of ministry where adhocism, outdated precedents ,pragmatisms are guiding principles. This
principles have resulted in deep rooted structural biases against long
term planning and strategic thinking. our foreign policy by design tends
to be reactive in nature, rather than proactive or creative.
An overhaul of the foreign policy architecture will take the following steps
1.
Increasing the pace of the recruitment in the IFS as suggested by
the Shiv Shankar Menon committee.
2.
More deputation by IFS officers to other relevant ministries and
departments like Culture, commerce and defense establishments.
3.
Lateral entry into IFS for specialised posts or specific countries by
outside experts and deputations by officers of defense forces,
economic and commerce ministries.
4.
Institutionalising the 'soft power' aspects of Indian Foreign Policy by
establishing institutes modelled on the Allaince Francaise of France and
the Confucius Institutes of China.
A strong institutional framework is needed to ensure that the Foreign
Policy of the
country has a holistic outlook and contributes to the nation's overall
objectives.

HISTORICAL EVENTS IN IR

India's contribution in Indo-China, Korea, the Suez canal crisis and conflicts of
Austria
INDIAS ROLE IN FUTURE

"India's ability to be a pivotal power in Asia is contingent on the

restoration of the strategic and economic unity of the
subcontinent:
both to its west with Pakistan and Afghanistan and to its east
with
Bangladesh and Burma." Elaborate. (200 Words)
The Indian subcontinent has always been full of activity of trade and
commerce with
the other kingdoms, like Chinese, Mesopotamian, etc., since ancient
times. In the current scenario too, India stands as the largest country,
economically and politically, in the Indian subcontinent, which calls for a
greater role to be played by it, to upgrade the region and become a
pivotal power in Asia.
But such endeavour depends on its level of cooperation with the
neighbouring countries like Pakistan, Afghanistan, Bangladesh, Myanmar,
etc. which have a huge untapped potential.
1.
Between India and Pakistan, only the Indus Sutlej treaty remains as
the least controversial and least violated treaty till date. The TAPI and
IPI pipelines and APTTA initiatives can be the adequate steps for both
countries, to show their trust to each other and commence trade with
each other. But firstly, the anti-Indian elements in Pak and Afghan
regions, need to be tackled with, by a joint trilateral initiative.
2.
Also, India has proposed an Asian Highway-1 which will pass through
NE east India and Myanmar, which can be a huge impetus to the trade
and tourism between both countries, and also help to develop India's
NE region.
3.
With Bangladesh, the recent step of passage of LBA has reinstated
faith of Bangladeshis in India, which has reduced the number of border
disputes of India and can also be used to ink various other trade pacts.
4.
The SAARC forum also needs to be more active, and India being the
largest country, should lead the initiative, by investing in other
countries, in exchange for easier trade provisions for its traders.
Such measures will effectively help in tipping the balance of power
towards India in the long run and help India in becoming a dominant Asian
power in the future.
05/04/2016
In recent years, India is trying to overcome its defensive foreign
policy stance and position itself as future global power. In your

opinion,
what
challenges especially
at
foreign
policy
level should India overcome to become global superpower?
Discuss. (200 Words)
India has traditionally been a balancing power in the world. However,
recent instances such as leader of International Solar Alliance, net security
provider in Indian Ocean etc. suggest India now aspires for a leading
power along with balancing power in the world.
Challenges that India needs to overcome to become a global superpower
:
1.
Neighbours Disputes : India needs to first settle all disputes with its
neighbours - Border disputes with Pakistan, Teesta river dispute with
Bangladesh, Constitutional crisis in Nepal, Tamil problem with Sri Lanka
etc.
2.
China's Influence : India needs to counter China's influence over its
neighbours like Sri Lanka, Nepal, Myanmar etc.
3.
Organisations' membership : India needs to be the member of
important international institutions like UNSC permanent seat, Nuclear
Supplier Group etc.
4.
Cooperation with P5+1 : Main challenge before India's Foreign Policy
is to maintain friendly relations with all P5+1 members - US, Russia,
China, UK, France & Germany.
5.
Socio-developmental : India needs to alter its image as the home of
world's highest number of poor, needs to drastically improve its Human
development Index rank.
6.
Economic : India also needs to be self-reliant in Space & defence
technology, needs long term energy security.
7.
Security : India needs to guard its border (land, air & maritime)
effectively against all state & non-state challenges.
8.
Infrastructure: Falling short of
expectations
specially
in
infrastructure projects in neighbourhood like hydropower projects in
Nepal, connectivity projects in North East and Look East. Fast tracking
must be done.
9.
Define National Interest: to form consensus over what exactly is our
national interest and evolve a comprehensive National Security
Strategy. Debates are required and a clear command structure is
necessary.
10. Project strategic independence: Too heavy influence on our stance
due to heavy weights like US in Iran nuclear issue, USSR in Tashkent
agreement and Shimla Agreement. So we must be seen as taking
independent stand even if we are allying with any power.
11. We have to identify multiple objectives and sectoral allies like we
are closer to China on economic front, US on defence front and Middle
east on energy security front and so engage accordingly. Various
existing and emerging complementarities need to be explored and
leveraged like our demographic dividend and the ageing population in
the West.

12. Many of our initiatives and groupings are not realising their potential
like SAARC being held back due to one member. So here we can
diversify ourselves to other organisations like prefer BISMTEC over
SAARC.
13. Often India is seen as Big Brother in the region, so we must change
such image and act as Elder Brother as per Gujral Doctrine.
Notably, India's Foreign, Economic & various other policies have potential
to overcome all above challenges & become a global super power.
NON ALIGNMENT MOVEMENT

What is Non-Alignment?

The phrase non-aligned was first used by V K Krishna Menon at

the United Nations General Assembly in 1953 and by Jawahar Lal Nehru
in 1956

But as early as in late 1940s, Nehru had spelt out the strategy
behind the phrase, first in Constituent Assembly debates and later in
Parliament

The core idea was that, the very sense of India, with its history and
civilisation attributes, demands the pursuit of an independent foreign
policy. Decisions relating to Indias vital interests should not be
externally determined. Maintaining and, if possible, expanding the
countrys strategic autonomy is a continuing objective

Nehru once said that We should either be strong enough to

produce some effect or we should not interfere at all, which
demonstrates a realistic awareness of the limits of Indias ability to
influence events

The way Jawaharlal Nehru conceived Nonalignment was a strategy

and not a doctrine. For Nehru, the non-alignment was a strategy
designed to maximise newly independent Indias gains from the world
system. Nonalignment did not mean to choose to become a hermit
kingdom.
Nehru kept the West open for trade and aid, while on the other, it avoided
alienating the two communist powers in Indias immediate
neighbourhood, China and the Soviet Union. By adopting a policy to be
friendly to all, Nehru hoped to receive critical necessary foreign aid at that
time.

The Nonalignment 1.0 was just a way of making it clear that India
would act in her interests first rather than the interests of Washington,
Moscow, or Beijing (Peking)
What were implications of NAM?
Despite of initial rumblings from US congress, India was fairly successful in
its policy of non-alignment. India received aid from both blocks and
neither took India as a threat. In Nehru Era, India was able to maintain
satisfactory relations with US as well as USSR. However, India found
herself moving closer and closer to the Soviet Union. The reasons were:

United States kept supplying arms to Pakistan despite repeated

admonition from India
From New Delhis perspective, US was an unreliable partner, it was
proved in 1960s during financial crisis and food crisis.
USSR reassured India regarding the security measures against a
potential Chinese attack
India and US remained in contravention over the nuclear question
India was subject to a nuclear blackmail by US (allegedly) when it
deployed its aircraft carrier USS Enterprise during the India Pakistan
War of 1971
India did not like the US presence at Diego Garcia in the Indian
Ocean

We can say that India and US relations remained acerbated for the first
few decades of Indias impendence and that is why India tilted towards
Moscow and signed the Indo-Soviet Friendship Treaty in August 1971.
End of Non-alignment 1.0:
NAM as a strategy become useless with the end of Cold War when world
became Unipolar as USA became undisputed world leader.
Failures of Non-alignment:
The critics of Non-alignment say that the biggest failure of the policy was
the Indias failure to deal with China in 1962. It was said that India could
move closer to US to counter the abject poverty, grim state of economy
and problems in foreign trade. However, these were problems of India as a
state and not India as a country with independent foreign policy. The
failure was not of non-alignment, but of an economy spiralling out of
control (the concurrence with the China war/ pushing of Indias Five Year
Plans off schedule) and held policies held to because they had become
articles of faith than strategies.
Future of NAM:
NAM should be seen as "Strategic Autonomy" which is much needed in
today's world than in past. However, in today's context, India needs more
engagements with all players as world has become more inter dependent
than in the past. Few points to remember are:

Indias enhanced economic and security capabilities enable it to

influence external events and outcomes in a widening orbit compared
to the Cold War years. India enjoys greater leverage but bears greater
responsibility in dealing with regional issues such as South Asian and
East Asian economic integration and global issues such as climate
change and energy security.

Furthermore, in a globalises world, external issues impact our

economic and social development prospects while domestic choices we
make as a country, in turn, have an impact on the external
environment. Promotion of Indias interests demands far greater
engagement with the world than ever before.

Depending on the issue at hand, India will find itself working with
shifting and variable coalitions rather than through settled alliances or
groupings.
The country has inherent assets, such as a favourable demography,
a strategic location and a culture of creativity and innovation, which
create a window of opportunity to drive Indias emergence as a frontranking power, a master of its own destiny but generating a range of
public goods that make the world a better and safer place to live in.

Indian PM not attending NAM 2016:

Only second PM to do so.

It can be attributed to shift in Indias foreign policy given its

strategic partnership with the US and therefore NAM was not priority on
its agenda

However, foreign policy was always to attain a set of objectives. It

should not be seen as black or white, it is always shades of grey

Blocs and alliances are less relevant today and the world is moving
towards a loosely arranged order.

Our key national interest is to become one of the central pillars of

global politics and it seems as if China is the biggest stumbling block. A
lot of Indias foreign policy is about managing China today. There are
multiple poles emerging in the world and the US is at the centre of
them all

Problem with NAM has always been that even in a bloc, individual
nations have made foreign policy decisions based on national interest
and en bloc support has rarely happened
Source:

http://www.cprindia.org/research/reports/nonalignment-20-foreignand-strategic-policy-india-twenty-first-century

http://www.thehindu.com/opinion/op-ed/on-the-pm-not-attendingnam-summit/article9100971.ece

http://indianexpress.com/article/india/india-news-india/nam-summitvenezuela-vice-president-hamid-ansari-pm-narndra-modi-india3033838/

http://www.livemint.com/Politics/ectxbpHsJ2XUmRkXXqVbpL/HamidAnsari-leaves-for-Venezuela-to-attend-17th-NAM-summit.html
NUCLEAR DOCTRINE

Critically analyse Indias nuclear doctrine Vis a Vis Pakistan and

Chinas nuclear doctrines. Also
examine how the West views nuclear situation in South Asia. (200
Words)

Nuclear doctrine is a standard rules designed to guide nation in utilizing

nuclear
weapons
against
enemy
state/s.
Indias nuclear capability is to counter Chinese threat. Indias nuclear
doctrine follows NO FIRST USE policy. India is actively involved in
achieving
second
strike
capability.
India and Pakistan are non-Signatories to CTBT, NPT and China has not
ratified CTBT.

According to a SIPRI report and IHS Janes, India is expanding a covert

uranium enrichment plant that could potentially support the
development
of
thermonuclear
weapons.
Many experts believe that India must always be prepared for two front
wars, and recent announcement by China to sell 8 submarines to
Pakistan, supports experts belief.
Chinas nuclear doctrine is to counter US and Japan, while Pakistan only
Islamic State with nuclear weapons can use them against India in first
strike or to protect its allies in West Asia and Gulf nations. This is also a
case for China which is aware of USAs Pivot Asia policy.
For West, south Asia is fully potential hub of Nuclear Catastrophe;
many Islands in Indian Ocean can become modern Cubas. But, it seems
that neither India nor Pakistan have reached their desired maximum
number of nuclear weapons, the point at which they might feel there is no
need to produce more nuclear weapons or delivery systems.
Also, nuclear doctrines, of all three nations are very complicated and not
of same standard as of cold war, because in cold war every nuke of US
and USSR was targeted against each other.
So, West believes threat of nuclear war is very less as compared to Cold
War in this region.

RAISINA DIALOGUE 2016

What is it?

The Raisina Dialogue is envisioned as India's flagship conference of

geopolitics and geo-economics.

It is designed to explore prospects and opportunities for Asian

integration as well as Asias integration with the larger world.

The 2016 conclave focused on Asias physical, economic, digital

connectivity and fostering common global spaces with an emphasis
on Asia.

It is based on Indias vital role in the Indian Ocean Region and

how India along with its partners can build a stable regional and world
order.

The conference was held jointly by Ministry of External

Affairs and the Observer Research Foundation (ORF), an
independent think tank based in India.

The theme of the conference was Asian connectivity.

What is the importance of conference?

The conference is being seen as the government's attempt to rival

conferences around the world that attract global players such as the
Shangri-La dialogue in Singapore, and the Munich Conference on
national security.

The conference was being attended by speakers from 40 countries.

The conference provided opportunity for India to cement its role in

the Indian Ocean Region.

India's Foreign minister pointed out that that India's plans for
connectivity were "cooperative rather than a unilateral approach.
NOTE: You can mention Raisina Dialogue in IR answers as a bold move by
India. This is the sign if resurgent India.
SOFT POWER

What do you understand by "soft power" often referred to India?

Critically examine the potential and limits of "soft power" status.
(200 Words)
The term 'soft power' was defined by Joseph Nye as ' the ability to get
what you want through attraction instead of coercion or
payment.' According to Nye, a country soft
power rests on three resources
its culture,

its political values and

its foreign policies.

In case of India, soft power potential is large and largely stems from our
past which had seen rich kingdoms, diverse culture, voluminous trade,
philosophy and religion. Equally important is our present culture like

Bollywood, cricket, literature, financial aid and political values like

democracy and Non-Alignment.
Soft power becomes important in dealing with immediate neighbours. For
example we have Buddhist cultural linkages with Nepal, Bhutan, SE Asia,
Japan, China, etc. Ancient South Indian kings had influence up to
Indonesia in trade and sovereignty. Our Vedas were compiled in what is
today a belligerent neighbour whose culture on the other hand, was born
in India. Sri Lanka is connected to us since Lord Ram.
Middle East has a large number of Indian working and remitting huge
foreign exchanges. A large Indian Diaspora lives in the US, Canada and
Europe. All these people have successfully created a good image of India
and brought their culture in an alien land.
Bollywood films, Yoga, literature, Indian dresses, cuisines and
indigenously made Indian goods enjoy patronage amongst residents
worldwide. Tourism has further bolstered our rich legacy and present.
Besides, our values and principles like belief in democracy, non-alignment,
humanitarian assistance, etc. have always struck a chord with maximum
nations.
So we have immense potential as a soft power and this could be
leveraged into generating favourable opinion and backing at the
international level for safeguarding our legitimate interests. It is only apt
that we have initiated Project Mausam to integrate ourselves better with
Indian Ocean nations.
However, there are certain limitations to the use of soft power as a tool.
No matter how closely connected we are on a cultural basis, economic
and geo -political issues and alignments are tough to be outweighed by
using soft power. For example, India and Pakistan are culturally very same
but not otherwise. Use of soft power is a time taking process and not
necessarily yields favourable results. It also has to face soft powers of
other nations like growing Westernization in a consumer-centric world is
not exactly conducive to elements of our culture.
Thus, soft power can definitely be used in foreign policy but not to be
solely depended upon.
STRATEGIC AUTONOMY

Strategic autonomy and no military alliances are two tenets of

Indias foreign policy. In this regard what do you understand by
'strategic autonomy? Do you think India is strictly pursuing
strategic autonomy? Critically analyse. (200 Words)

Indias NAM policy has been root cause of its strategic autonomy. India
never favored wars and partnered with any of Super Power
(Hegemony). Strategic autonomy for India is non-involvement in any
conflict
which
is
on
political
ground
anywhere
in
world.
Economic crisis in 1991 compelled India to support Gulf War and bend its
Strategic
Autonomy.
India has signed Defence and Strategic Agreements with Russia, USA,
France, Australia, and other nations. But these agreements dont provide
that Indias will support any war which is not initiated unless resolution by
UNSC (example - India supported War against Terrorism in 2001).
India has never signed any military alliance treaty with any country
whatsoever. But when matter of Pakistan sponsored terrorism or Islamic
terrorism in concern India has always favored Hegemonic Powers.
But, India has not followed same strategic against LTTE in Sri-Lanka, and
other countries like Iran, Palestine and Egypt. So it generates doubts
about Indias commitment to its own "strategic autonomy". Recent,
agreement with US and Japan, distorts Indias position of neutrality
in world
strategy for
sure.
To conclude, Indias strategy Autonomy has changed but not terms
of Substance, and only in terms of Responsibility. India as an
important rising nuclear powered nation needs Global strategic policy
which includes (East, West, South and North). Our government (formed of
any political party) is committed to world peace and prosperity of all
people of world as enshrined in Article 51 of Indian Constitution.

SYSTEMIC CHALLENGES

Shortage of Manpower:

Despite expansion number of diplomats are smallest among G20

and BRICS nations.

For instance, in Africa over two dozen Indian embassies remain

headless for want of diplomats.

Similarly at the United Nations, where India is seeking permanent

membership of the coveted Security Council, the Indian mission is the
smallest among the G-4 (Brazil, Germany, India and Japan) aspirants to
the Council.

No inter agency process:

The inter-agency process becomes vital for foreign policy effective

implementation. However, inter-agency coordination in India is virtually
non-existent, especially when compared to other countries that India is
engaging with leading to foreign policy initiatives often getting bogged
down in bureaucratic wrangles.
Tax base problems:

As the worlds 10th largest economy, India is becoming a rich

country. But it remains a poor state primarily on account of its
extremely small tax base.

This in turn affects Indias ability to have a more proactive foreign

policy. Thus, while India merely negotiates, China (with a huge trade
surplus) invests in countries of strategic importance.
No strategic vision in foreign policy:

Presently, there are a series of catchy but vacuous foreign policy

initiatives, such as Neighbourhood First, Act East, Think West and
SAGAR. Sadly, these parts still do not add up to the sum of Indias
foreign policy.
Lack of institutionalised process of policy planning and making:

Indias foreign ministry also lacks an institutionalized process of

policy planning and making.

No say of think tanks in foreign policy

Ineffective engagement of state governments:

The inability of centre to effectively engage key state governments

as stakeholders in the foreign policy process can also scuttle bold
initiatives.

For instance the West Bengal governments opposition to the Teesta

River Agreement with Bangladesh left Indias previous prime minister
embarrassed in talks with Dhaka.
Other challenges:

Making awar free scenario in the SAARC neighbourhood,which

would make India an attractive destination for foreign investment

Developing the ability to shape the rules in global institutions, which

will have a direct bearing on the countrys economic well-being.

India faces an economicallyrising China to the east,staking a claim

on disputed territories in the Asia-Pacific region and spreading its
influence to the littoral states of the Indian Ocean.

To the west,the relationship with Pakistancontinues to be fraught

with difficulties with no solutions in sight in the near future

The sum of the investments which India gained through foreign

policy is still only a fraction of the one trillion dollars that India
estimates it needs for infrastructure alone.

BILATERAL
INDIA AFGHANISTAN

OVERVIEW

India's investment in Afghanistan:

Indias reconstruction and development assistance to Afghanistan

has been over $2 billion
A hospital in Kabul
The countrys parliament building
A 218 km road from Zaranj to Delaram for better connectivity from
the Iranian border
The 220kV DC transmission line from Pul-e-Khumri to Kabul
Salma dam in Herath, also called the Afghanistan-India Friendship
Dam
Training Afghanistan's policemen and civil servants
Scholarships, cultural exchanges and goodwill gestures like food
supply after earthquakes
Bollywood movies and cricket are a big hit in Afghanistan
Afghans view Indians as their friends
More recently India has donated M-25 attack helicopters to
Afghanistan which is seen as a policy shift as earlier India avoided any
military support

Concerns:

Taliban is still strong and its anti-Indian nature

Strong interference of Pakistan in Afghan affairs

Increased interest of China due to OBOR initiative and Afghanistan's

mineral resources

Withdrawal of US forces

CHALLENGES
Kabuliwala -> Rabindranath Tagore -->
between two countries.

underlines age old relations

Indo-Afghan Friendship Treaty in 1950 -> aid programmes have reached to

large part of Afghanistan
To help create an enabling environment for the Afghan people to realise
their vision of a functioning democracy that contributes to regional peace

and prosperity, Afghanistan and India signed a Strategic Partnership

Agreement in 2011
India provided Afghanistan four MI-25 helicopters to enhance its air
capability in the fight against a relentless terror campaign.
China, Iran and Russia --> need to collaborate with Afghanistan and India
--> SCO --> All effected by terrorism
Critically examine how does the latest political, economic and
security transitions in Afghanistan pose new challenges to India's
interests in the region. (200 Words)
Afghanistan stands to be an important country for India owing to its
strategic location of being a gateway to central Asia and its
stability/instability having a direct/indirect impact on India in general and
J&K in particular. In this perspective the recent transition on political and
security
fronts
brings
new
challenges
for
India.
The recent elections failed to provide an elected government resulting
into power sharing between the two main presidential candidates. With
both having ideological differences on various issues, this can lead to
differences and instability on political front which can be nurtured by
countries like Pakistan and China to reduce India's influence in the
country.
Recent multiple visits of ISI chief to Afghanistan is an example towards
this. This can create challenges for Indian influence and its efforts of
building democratic institutions, deepening democracy etc. Also projects
like
TAPI
pipeline
will
continue
to
be
in
delay
mode.
Secondly the transition of security responsibility in the hands of Afghan
forces from International Security Assistance forces (ISAF) forces after
their withdrawal poses another challenge. Any sort of failure into this can
lead to emergence of non-state actors like Taliban, Let manipulated by
Pakistan.
This poses grave threat to India's developmental projects like dams,
roads, railways, agricultural university etc. This situation can led to the
country becoming a hub of terrorist activities which will also have a
spillover
effect
on
India's
frontiers.
Further the insecurity over continuous international funding to the country
along with low developed domestic economy according to its demand
makes it prey to other countries. As an example it can move closer to
Pakistan under various pressures for sea route connectivity giving a big
challenge for India's effort to provide the same to the country via rail link
through
Chabahar
port
of
Iran.

Therefore it is crucial for India to take the ruling political class in

confidence of continuous support on various fronts including economic,
military, developmental. This will not only reduce any chances of
instability but will further raise India's credentials in the country which has
increased significantly over the recent years.
Should India open diplomatic channels to talk to Afghan Taliban
and try to bring peace to the region? Critically comment. (200
Words)
The decision of India opening talks with Afghan Taliban has to be taken
after due
consideration of merits and demerits of the case. So far, demerits have
held sway, but
considering changing geopolitical scenario and international equations, it
is time for a rethink.
Merits
1.
Taliban is no longer a monolith, but comprises various strands of
which not all are averse to talks.
2.
India's role in Afghanistan has diminished lately, due to AfghanChina-Pak trilateral talks with Taliban to resolve the issue and with
apparent tilt of Ashraf Ghani towards its immediate neighbours
3.
Social capital India enjoys in Afghanistan can be leveraged to
become an important stakeholder in the peace process. If successful, it
is sure to boost India's image as peace-promoting nation. India has
invested $2 billion in Afghanistan.
4.
In future, if Taliban chooses to accept political frame and finds space
in the govt, India' relationship with that govt is sure to get due favour
Demerits
1.
Any back-channel talks with Afghan Taliban are likely to opposed by
Pakistan, as it disagrees with India's role in Afghanistan altogether
2.
As India cannot have direct impact on conditions prevailing in
Afghanistan, Taliban groups may not be interested to open talks
3.
Talks with Taliban will mean abandoning its long-held belief of not
interacting with terrorist organization.
However, these demerits supposedly are for legacy reasons, of not much
significance
with changing times. Exercising realpolitik, it would be prudent on India's
part to
open channels for talks with Taliban and carve out its due space in
reconciliation
process in war-ravaged country.

It is argued that India is unable to devise prudent and timely

strategies to engage the north-western region despite losing its
strategic edge to other players in Afghanistan. Critically examine
the reasons and suggest, in your opinion, what should India do to
become a major player in the north-western region. (200 Words)
The northwest Asia has been seeing some dynamic changes lately due to
which India
is losing its strategic edge in the region.
1.
Withdrawal of US forces in Afghanistan and India's refusal to provide
militarily support to Afghanistan
2.
The change of government in Afghanistan resulting in changing
equations between Afghanistan and Pakistan. Under new government's
five circle policy,"Pakistan" is in the innermost circle of locals and
"India" is in the circle of neighbours.
3.
Increasing presence of terrorist groups like Taliban and LeT, even IS
to compensate for power vacuum created by US Forces.
4.
China's increasing strategic presence in the region, by implementing
is "one belt one road" program.
5.
Rise of Iran as a major game-player in the region after the nuclear
deal.
India needs to follow a better approach to tackle these issues and regain
its strategic presence in the region.
1.
Enhance diplomatic engagements with key neighbourhood countries
such as Iran, Afghanistan and Pakistan; focus level on these countries
should be as same as that on global powers such as EU, US etc.
2.
Move beyond compulsive bilateralism; go for multilateral groupings
to provide meaningful solutions to in neighbourhood as presently
provided by China.
3.
Initiate a meaningful dialogue with Pakistan; to come up with
regional solutions for regional problems; recognizing the fact that
Pakistan holds a strategic location in the region.
4.
India needs to realize China's rising importance in this region and
both countries as major powers in the region needs to work together
for stabilising and developing the region.
5.
Expedition of Indian projects that have been stalled in these
countries.
6.
Provide soft loans and know-how for nation-building and skill
development and encourage people-people interactions in the form of
cultural and educational exchanges.
For India to achieve status of major player in north western region; we
need a
refocus in form of "pivot to north-west" policy.

It is argued that Afghanistan can overcome its security problems

by performing well on economic front. Critically analyse how
Afghanistan can improve its economy and what role can India play
in
this
regard.
(200
Words)
Afghanistan is known for 2 things worldwide viz. Terrorism hub and poor
state of administration. Both of these complement each other. Both have
common reasons of existence that is economic deprivation. Afghanistan
can improve the economic deprivation and how India can help is as
under:
1.

Afghanistan is rich in mineral deposit like; Bamiyan Mountains are

rich in marbles, lime stones, quartz and other stone minerals. Also,
mountain Tora Bora region is rich in iron, copper bauxite but never
been mined. Hence, Afghanistan can ask for FDI and machineries with
other developed nations collaboration. Indias NMDC and steel
industries are also looking for cheap ores. Also it will lead to
construction of Strategic road and Pakistan cooperation. This will give
employment, revenue and exporting capability in Afghanistan while
healthy
diplomacy
and
revenue
to
India.

2.

For long time since cold war, Afghanistan is dependent on funds by

other nations; even after 2002 it has faced double digit growth every
year because of International Peace Assistance Force (ISAF) existence
and fund. But now such funds are drying up, so, security and
development both must be priority. This can be done through curbing
corruption in govt, allowing investments in Hydrocarbon exploration,
gas pipelines setup under TAPI and APC (Afghanistan-Pakistan-China)
project. This will led to security with cooperation with co-signing
nations also. India can also become beneficiary by promoting and
investing
in
such
schemes.

3.

Afghanistan is perfectly situated in regions of Central Asia, South

Asia and the East west corridor. India can utilize this for reaching
Europe through land route, counter balance Chinas dominance in
Pakistan and accessing cheap labour and minerals of Afghanistan.

4.

India govt can also help Afghanistan to curb al-Qaeda, LeT and other
terrorists outfit by providing technical assistance and training. As
Indias is largest provider of troops for UN PKF so, India can help in
stabilising Afghanistan as well as making her border safe, both at same
time.

Hence, India can play vital role in economic resurrection of Afghanistan

while getting benefitted at the same time.
Related Questions:

"India should move beyond the binary of economic cooperation and

military engagement and evolve a comprehensive policy which
involves all dimensions of power inAfghanistan." Comment

GEO POLITICAL DEVELOPMENTS

What is at stake for India?

India has invested in economic reconstruction in post-Taliban

Afghanistan.

India has built Salma dam in Herat province, which will boost the
agricultural and industrial sectors of Herat.

Irans Chabahar port, which has been built with Indian aid will be
linked to Afghan road networks.

India is one of the closest regional powers that has invested in

institution and infrastructure building in Afghanistan.

Besides the infrastructure work India has initiated and completed, it

has also signed the TAPI pipeline project that aims to bring natural gas
from Turkmenistan through Afghanistan and Pakistan to India.
Recent developments:

Recent PM visit to Afghanistan

India gave 4 Mi-35 helicopters signaling a change in strategy by

giving combat equipment. Earlier India avoided any kind of military
relationship.

Quadrilateral Cooperation Group (QCG) : made up of the U.S.,

China, Pakistan and Afghanistan that are facilitating the talks with the
Taliban. India is not a part of it as talking with Taliban is against ideals
of Indian foreign policy. (Related note Taliban Negotiations)

Below content is only for understanding. You can skip it if you

know the basics of India-Afghanistan relations.
Considering
the
ongoing
geo-political
developments
in
Afghanistan, do you think India should be worried? Analyse why.
(200 Words)
India's relations with Afghanistan has traditionally been warm primarily
due to the assistance accorded to Afghanistan in the form of humanitarian
and reconstruction aid and investments running up to $11 billion as of
2012. The primary objectives behind such aid programmes were to
improve connectivity and economic collaboration with the resource rich
countries of Central Asia and to diminish counter Pakistan's influence in it.
However, the impending withdrawal of the US army is an issue of concern
for India as the geopolitical and military vacuum created in Afghanistan
may be filled up by China and Pakistan respectively, especially due to the
continued prevalence of ethnic disharmony in Afghanistan. The Chinese

have already initiated a trilateral framework which includes Pakistan and

Afghanistan and have committed to construct a hydroelectric project in
eastern
Afghanistan.
Such moves by China can potentially erode the goodwill created by India
in Afghanistan in addition to easing Pakistan's desire to increase its
influence in Afghanistan, which it believes to be its strategic backyard.
This will enable Pakistan to relocate its troops from its western border to
the east, along with possibly sabotaging India's attempts to engage with
Central Asian countries (e.g. TAPI). Also, anti-India terrorist groups in
Pakistan may be encouraged to collaborate with terrorist groups in
Afghanistan.
The solution to this problem is a strong and unified Afghanistan which is
neutral to all countries in addition to playing the role of a beneficiary to all
stakeholders. This requires the deepening of the democratic institutions in
Afghanistan. Leveraging its goodwill in Afghanistan and allying with Iran to
counter Pakistan's influence in Afghanistan along with continued aid and
support seems to be the best course of action for India currently.
Considering recent geopolitical developments in Afghanistan, do
you think Indias role in that country has been reduced to that of
a
marginal
player?
Critically
analyse.
(200
Words)
Afghanistan remains to be one of the most important countries in the
region citing various dimensions including peace and stability, mineral
resources and the country acting as a gateway to mineral rich central
Asia. But the recent President Election and subsequent geopolitical
developments
have
raised
some
concerns
for
India.
The relations between Kabul and Islamabad are growing which is evident
from Afghan president Ashraf Ghani choosing Pakistan for its first foreign
visit which was followed by subsequent exchange of visits between the
two nations. Also Pakistan will be training afghan soldiers. Further China's
interests and influence are also rising in the region as China is keen to
make use of resources along with curbing the Uighur movement in its
Xinjiang province. To enhance the prospects China is also funding road
and rail projects connecting Pakistan and Afghanistan. Also a trilateral
meet was held recently between the three countries which hint towards
growing
linkage
among
them.
While citing the above development some scholars fear the increasing role
of China and Pakistan in Afghanistan at the cost of India who will be
marginalized in due course of time. But at the same it needs to be seen
that India have invested around $2 billion in the country and enjoys a
good reputation of a friend among the Afghan population which will help
the country in protecting its interest. Also India being involved in some of
the key projects like agriculture, construction of dams, parliament which is
crucial for the country in economic, political terms. President Ghani

himself being an economist would not like to curb on any of these

aspects.
Lastly Taliban would also like to favour India in order to limit/diminish the
role of Pakistan. Presently Afghanistan is going through a crucial time and
change. Therefore New Delhi should have a constant eye on the
developments and happenings in the country and should take coercive
steps to secure its interests.
Should India worry about recent geopolitical developments taking
place in Afghanistan? Critically comment. (200 Words)
Afghanistan has been an important element of India's foreign policy
because of strategic, economic, security and connectivity [to Central Asia]
implications. Recent spate of events in Afghanistan especially after the
presidential elections in Afghanistan has caused some anxiety and
concern
in
India.
For example:

Back to back visits of Afghanistan president to Pakistan

Shelving of Afghanistans demand for military equipment from India

and suspension of the construction of a $400 million tank and aircraft
refurbishing plant

Acceptance of Pakistani offer for Afghan army cadets to train in

Pakistan.

Holding of first China-Afghanistan-Pakistan Trilateral Strategic

Dialogue and increased financial commitments from Beijing in
Afghanistan's infrastructure development- Dam in Kunar and Motorway
to connect Peshawar with Kabul and a rail link between Quetta and
Kandahar etc.

Growing role of SCO post withdrawal of US forces where India is yet

to acquire membership in spite of repeated attempts.
However, Afghanistan shouldn't be seen as a zero-sum game with limited
scope for engagement. India is the fifth largest investor in Afghanistan
and has invested $2 billion in infrastructural and humanitarian projects
and formidably popular among the Afghan population.
Afghanistan's current shift is because of the current political exigencies
[for e.g. indispensability of role of Taliban] rather than a principled one.
India must continue to engage with Afghanistan on projects of Capacity
building and development and other stakeholders involved therein. The
upcoming visit of Afghan President is an opportunity for this.

TALIBAN NEGOTIATIONS
Why India should take part in these negotiations?

May lead to peace -> more development -> prosperous neighbours

-> good for India

To counter China and Pakistan who are already taking part in these
negotiations.
To prevent a puppet regime of China and Pakistan
Central Asia is important for India. Afghanistan is the key to access
it.
Afghanistan is mineral rich and India is mineral hungry as it is
growing fast. Peace is needed to reap those minerals.
India has already invested $2 billion in Afghanistan and lots of
energy in gaining goodwill among Afghans. It should not go waste.

Why India should not take part in these negotiations?

India can ruin its goodwill if afghans see India as interfering in their
internal matters.

US is withdrawing and India might be left alone.

Interference could further worsen India's relation with Pakistan

What India can do?

India can take Iran and Russia on board as they have equal stake in
Afghanistan.

India should adopt a flexible approach towards Taliban and be

pragmatic as everyone is ready to negotiate with them (USA, Iran,
China, Pakistan etc.)

INDIA AFRICA
OVERVIEW
Why India should take part in these negotiations?

May lead to peace -> more development -> prosperous neighbours

-> good for India

To counter China and Pakistan who are already taking part in these
negotiations.

To prevent a puppet regime of China and Pakistan

Central Asia is important for India. Afghanistan is the key to access

it.

Afghanistan is mineral rich and India is mineral hungry as it is

growing fast. Peace is needed to reap those minerals.

India has already invested $2 billion in Afghanistan and lots of

energy in gaining goodwill among Afghans. It should not go waste.
Why India should not take part in these negotiations?

India can ruin its goodwill if afghans see India as interfering in their
internal matters.

US is withdrawing and India might be left alone.

Interference could further worsen India's relation with Pakistan

What India can do?

India can take Iran and Russia on board as they have equal stake in
Afghanistan.

India should adopt a flexible approach towards Taliban and be

pragmatic as everyone is ready to negotiate with them (USA, Iran,
China, Pakistan etc.)

ATTACK ON AFRICAN NATIONALS

Frequent attacks on African national in India has led to some tension in
Indo-African relations leading to boycott of African Day celebrations
Issues:
There has been incidents of mobbing, beating, and stripping of African
residents in various cities across India, along with wildly exaggerated
accusations of criminal activity, sometimes by state authorities
themselves
Concern:

Movement of people between India-Africa is on rise, such incidents

can hamper this and can become a cause of concern for Indians in
Africa

Africans in India are generally medical and education tourists, which

will be impacted
Why is this happening?

Stereotype in Indians about Africans being immoral and lawless

Lack of sensitisation by government

What can be done?

Clear guidelines should be there to register complains of Africans

and concrete action should be done on them

More active support from African embassies in protecting and

sensitising Africans about Indian sentiments.

INDIA ALGERIA
RELATIONS

Indias bilateral trade with Algeria currently stands at 1.5 billion

dollars a year with the trade balance in Algeria's favour given India's
import of oil and gas.
The major item of exports from India to Algeria has been
automobiles.

India is looking to develop a Joint Venture arrangement with Algeria

for a multi-billion dollar fertilizer plant

Why India is forming JV with Algeria?

Phosphorus is one of three important elements in the chemical fertilizers
that are most important in plant nutrition along with nitrogen and
potassium. India, which has up to 96% phosphate dependency. Currently,
India imports raw phosphate resources from a number of African countries
including Tunisia, Egypt, Jordan and Syria and also from Russia, Canada
and Israel among others. For India, forming JV Algeria will have major
favourable food security implications and also could ease the fertilizer
subsidy burden.

INDIA AUSTRALIA
AUSIDEX
AUSINDEX 15 - The first edition of the biennial bilateral maritime exercise.
Maritime and strategic ties will be strengthened.

INDIA BANGLADESH
BOUNDARY SETTLEMENT
Land Boundary Issue timeline:

Facts:
o
India and Bangladesh have a common land boundary of
approximately 4,096.7 km.
o
The India-East Pakistan land boundary was determined as per
the Radcliffe Award of 1947.
Land Boundary Agreement (LBA) of 1974: It was an agreement
signed on May 16, 1974, soon after the independence of Bangladesh,
to find a solution to the complex nature of border demarcation. While
Bangladesh ratified the agreement, India didnt as it involved seceding
territory and indicating these precise areas on the ground.
In September 2011, India and Bangladesh signed a protocol on
border demarcation and exchange of adversely held enclaves.
100th Amendment to the Indian constitution (Amendment of
First Schedule to Constitution): Exchange of certain enclave
territories with Bangladesh and conferment of citizenship rights to
residents of enclaves 100th Amendment Act paves the way for the
operationalization of the 1974 India-Bangladesh Land Boundary
agreement.

Under the Agreement (LBA), 111 border enclaves will be transferred

to Bangladesh in exchange for 51 that will become part of India.

Despite resolving the land boundary issue between them, India

and Bangladesh still have few more contentious issues to resolve
between them. What are these issues? Critically analyse. (200
Words)
India and Bangladesh recently resolved the land boundary issue through
ratification of Land Boundary Agreement. But there are still some
contentious issues that needs to be resolved
1.
Teesta Water Treaty- Teesta is a river originating from Sikkim and
then enters Bangladesh via West Bengal. The drafted agreement of
2013 says that two countries to share 50-50% water. But West Bengal
government is not willing to accept this agreement, stating that during
dry season the water flow of the river drops and leads to problem of
irrigation in the State. The government needs to resolve this issue
through negotiations involving all the major players.
2.
Illegal Immigration- Illegal immigration has been a long standing
dispute among both the governments. There are around 20-30 million
illegal Bangladeshi immigrants who possess a threat to locals in Assam,
West Bengal and other region. The issue of human trafficking and
smuggling across the border needs to be checked.
3.
Transit Rights - While India wants transit rights through Bangladesh
to better develop its North Eastern part, Bangladesh is wary of any
such request as infringement of its sovereignty.
4.
Security Concerns - Bangladesh has also served as the base of a
large number of terror groups, especially active in North East Indian
insurgencies. While the current government has done a lot to curb the
use of its territory, more needs to be done.
5.
Tipaimukh Hydro-Electric Power Project on the Barak river on the
eastern edge of Bangladesh. Bangladesh has objected to this project
and India has assured Bangladesh that we will not take this forward in
current form. India also assured Bangladesh that no unilateral decision
on the Himalayan component of their river-interlinking project which
may affect Bangladesh will be taken.
India's development cannot be complete and sustainable unless we
succeed in
building productive partnerships with our immediate neighbours. India
should,
therefore, devote its energy to work more closely with neighbours in
pursuit of its
development goals.

What are the salient features of India Bangladesh Land Boundary

Agreement (LBA)? How will this agreement affect relationship
between India and Bangladesh? Examine. (200 Words)
Features of the bill:
1.
The swap will involve handing over 17,000 acres of land to
Bangladesh (in return for 7,000 acres in 51 enclaves in Bangladesh) in
111 enclaves in WB, Assam, Tripura and Meghalaya, and was decided
under the 1974 LBA
2.
It gives the people residing in the Bangladeshi enclaves, their
rightful citizenry rights (under Indian Citizenship Act of 1956)
Effect of agreement:
1.
It will help in increasing the goodwill image of India among the
Bangladesh population
2.
Awami league led by Sheikh hasina is a pro-india party. It will also
gain more foothold in the country, which is beneficial for India in the
long run
3.
It will help in ascertaining the border line and increase the security
of NE region and put rest to the increased illegal immigration.
4.
As India has boundary disputes with majority of its neighbours, this
will be a huge step in resolving one of the long standing disputes.
5.
Will pave way for clearing the Teesta water sharing accord as the
next step
6.
Populations will now have access to the development, job
opportunities, laws or rights of either the country to which they belong
or the one that surrounds them.
7.
Provide law and order and security on border areas.
8.
Improving its relation with Bangladesh to make it all weather partner
for support in forum like BIMSTEC, RIM, SAARC etc
In the present scenario of increasing influence of China in the south east
Asia and
beyond, India desperately needs more friends in its neighbourhood, for
which LBA is
a crucial step

RELATIONS
Facts:

Bangladesh inked MoU for carrying petroleum goods to Tripura via

Bangladesh

Bangladesh comes closer to China

o
Bangladesh and China have agreed to elevate their bilateral
relations to strategic partnership.
o
Bangladesh formally joined OBOR initiative
o
They also agreed to establish institutional cooperation in areas
of maritime issues and counter-terrorism

Why Bangladesh is important for India?

1.
Geopolitical importance of Bangladesh
o
Can connect North East
o
Large Muslim population. Can be tapped by terrorist
organisations
2.
Success of Act-East policy
o
Can act as a bridge to South East Asia
3.
Socio-economic development of North-East
o
Shorter routes to connect mainland with NE
o
Power sharing and transmission lines via it
4.
To reduce the influence of china
o
A "neutral" Bangladesh also ensures containment of an
assertive China in this region, including along the strategic sealanes of the Bay of Bengal. It will also help to counter Chinas One
Belt One Road (OBOR) strategy.
Major irritants with Bangladesh
1.
Illegal migration: Since the 1971 war of independence that
created the state of Bangladesh, millions of Bangladeshi immigrants
(the vast majority of them illegal) have poured into India.
2.
Border Management: The Indo-Bangladesh border is notorious for
smuggling, apart from trafficking in arms, drugs and people.
3.
China card: Bangladesh uses China card to supplement its
bargaining capacity against India.
4.
Water sharing : We share 54 trans-boundary rivers, big and small.
(Ganga River Dispute, Teesta River Dispute, Barak River - Tipaimukh
Hydro Electric Project Dispute etc.)
5.
Anti-India sentiments : Presence of various anti India groups like
Harkat-alJihad-al-Islami (HUJI), Jamaat-e-Islami, and HUJI-B
Critically analyse the role of some of India's eastern and north
eastern states which share border with Bangladesh in improving
relations between two countries.(200 Words)
The different ways in which states especially the eastern and North
Eastern affect India Bangladesh relations are:
1.
The initiative of bus service between Guwahati to Dhaka and
between Agartala from Kolkata via Bangladesh is commendable will
help to shorten the distances between the otherwise secluded North
East states and the Indian mainland. It would also open trade
opportunities with the resource rich Myanmar.
2.
Finalization of the Land Boundary Agreement (LBA) also showcases
the active engagement of states like Assam, Meghalaya, WB inter alia
in deepening Indo Bangladesh ties.
3.
The development of business hats (trading centres) on TripuraBangladesh border is a good step which will help in integrating the
people through trade.

4.

An agreement in the river water sharing such as the Teesta River is

much awaited.
5.
Migrant issue is another area of concern where bordering states can
help to plug porous borders and can help in regulating immigration and
emigration of people.
6.
Alongside this, Assam can involve with Bangladesh to tackle the
immigrant issue of the Bangladeshi into the region. They can also
cooperate with each other on insurgency issues and cross-border illegal
transactions
7.
The cooperation between Bangladesh Standard Testing Institute and
BIS India would add to trade relationship
Therefore Border States play a crucial role. Centre should take into
account the views of these states and at the same time states should act
in a responsible manner and should prefer national interest over various
political or economic differences.
Write a critical note on the areas of cooperation, their potential
and progress made so far in them between India and Bangladesh.
(200 Words)
Cooperation areas:
1.
Border LBA signed
2.
Energy - Bangladesh is electricity deficient country. Hydropower
potential of north eastern states and Bhutan can be harnessed to
satisfy need of Bangladesh and other Indian states. India currently
supplying 500MW electricity. Agreement between the countries such as
71 km. Baharampur Bhermara transmission grid, 100 MW of eletrcicity
from palatana power project in Tripura.
3.
Connectivity is another area of cooperation. Connectivity of north
eastern states with Central India can bring prosperity to north east.
Transition infrastructure can provide economic prosperity to
bangladesh too.
4.
On India's internal security front, the Sheikh hasina govt has handed
over many terrorists to Indian forces and put a check on infiltrates
setting camps and taking shelter in bangladesh.
5.
BIMSTEC and SAARC have opened up avenues for multilateral
exchange of
6.
Kolkata-Ashuganj-Tripura transit facility becomes operational
However, the progress has not been up to the mark.
1.
The teesta agreement still evades consensus.
2.
Bilateral trade is heavily skewed in India's favour. The borders still
remain permeable to all manner of goods, animals and people
generating demographic and ethnic concerns in India's North east. The
transactions costs of our trade are still very high, with forced transshipment of goods at the border and the absence of coastal shipping.

Customs and documentation requirements are not up to international

standards
What can be done
1.
India must thus reach out to bangladesh in light of the trust
generated by recent LBA, in areas of river water sharing and unilateral
measures in trade in line with gujral doctrine.
2.
The BCIM project offers a huge prospect towards connectivity to our
north east.
3.
Providing currency swap facility to bangladesh, investing in its
industries and jointly developing its ports (ashuganj) to connect them
with our north east , nepal and bhutan must be explored for greater
joint prosperity of saarc.
4.
A revival of Railways (kolkata to Khulna) and Bus Services
((between Guwahati to Dhaka & Slyhet to Shillong) can be undertaken
5.
India could redress the trade imbalance with greater market
facilitation, further reducing non-tariff barriers, and promoting
Bangladeshs industrialisation
6.
India can fund energy infrastructure for Bangladesh such as
Friendship pipeline to supply one million tonnes of diesel from Siliguri.
Legacy of Pakistan
For the major part of four decades plus that Bangladesh has been
in existence, it has been a pale shadow of Pakistan. Clearly, the
legacy
of the liberation war has not been as exemplary as the Indian
national
movements. Critically comment on the statement. (200 Words)
Bangladesh, though being liberated in 1971 still have not been able to use
its liberation legacy for its betterment and has remained somehow like the
Pakistan
because
1.
2.
3.
4.
5.

The practice of democracy is still not done in complete pragmatic

manner. Eg- The recent one -sided elections.
After the war, there were times, when Bangladesh was ruled by
military rule like Pakistan. human rights violation are quite frequent
even now.
Extremist groups like Jamaat-e-Islami still have a huge population
base who wants to rule out the democratic power and are fanatic.
Proper services are still not available to common people which can
be inferred from the fact that infiltration towards India continues till
date.
Like Pakistan, Bangladesh had also been the place where terrorists
lived, nurtured and since the India Bangladesh border is porous, attack
easily in eastern states of India.

Many insurgent groups seek shelter there. but still, Bangladesh is not just

the shadow of Pakistan and had achievements in its

bag too.

1.

Even after the military rule, the rule of people had been established
back with two main political parties- Awami league and Bangladesh
nationalist party.
2.
Though gradual, but the services are reaching poor through govt
programs and civil societies like Grameen bank.
3.
The convicts of the liberation war of 1971 are being punished
through the independent court system.
Ruling party should look for reconciliation and rapprochement with
moderate Islamists. Political prisoners should be released. Fair and
transparent elections where opposition also participates should be
conducted. India should extend a friendly hand to ensure normality in
neighbourhood.
ILLEGAL IMMIGRATION
The issue of flow of illegal migrants into India from Bangladesh
has been an irritant in the relationship between India and
Bangladesh. Critically examine Indias policy towards illegal
migrants and the impact of this issue on affected states of India.
(200
Words)
Illegal immigration from Bangladesh has been a long standing dispute
between India and Bangladesh. According to some estimate, there are
close to 20-30 million illegal Bangladeshi immigrants (IBI) in India. This
has been a highly emotive issue, especially in states like Assam, and one
that cannot be ignored. Accordingly, the following has been the policy
response
of
successive
Indian
Governments:
1.

2.
3.

4.

5.

Illegal Migrant Determination Tribunal (IMDT). Set up in 1988 by an

act of Parliament, it was tasked with the identification and deportation
of IBI from Assam. But, it did not perform as expected. Considering its
poor performance, the SC struck down the law in 2005.
Assam Accord All persons who crossed over from Bangladesh after
1971 are to be deported.
India tried talking to successive Bangladeshi governments but not
very successful. One of the biggest hurdles in deportation of IBI is
Bangladeshs consistent denial that its citizens are illegally crossing the
border.
Border fencing and a push back policy. However, this measure has
also not been fully effective as many areas remain unfenced on
account of delayed land acquisition and non-resolution of boundary
disputes. In this contest, LBA is a progressive step.
Both the countries signed in 2011, a joint Coordinated Border
Management Plan (CBMP). However, the laxity in border patrolling
displayed by Bangladeshi border guards has diluted the impact of this
initiative.

6.

India has installed thousands of kilometers of barbed wire and

floodlights, and its Border Security Force (BSF) even adopted a
controversial shoot-on sight policy to deter those who might cross
illegally. Since this only resulted in the number of people being killed,
government adopted non-lethal strategy in 2011, through an
agreement.

The influx of IBI into India has had the following consequences:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Ever increasing social and ethnic conflict. This will result in

increasing instances of violence in NE.
This has now become a political problem and has contributed to the
identity politics in these states.
There is an increasing change in the demography of the region and
the inhabitants fear that they will be reduced to a minority in their own
land.
Illegal trade and illegal drug trafficking across the border has
threatened the safety and security of the region.
Arms and human trafficking has increased due to illegal
immigrants.
The increasing population has added pressures to the already
overburdened administrative structures.
Loss of job opportunities for the locals.
Encroachment of areas around deltas forests lands and tribal areas
Immigrants mostly engage in agricultural work and do not pay
taxes,
thus
hardly
contributing
to
government
revenue.

In this light, a lasting solution will require dialogue. Indian needs to take
Bangladesh onboard for dealing with this problem. Bilateral binding
agreements should be made for curbing illegal migration. For this, the
goodwill earned by the recent ratification of the LBA will help.
[Latest government is looking into suggestion by 2 NGOs that
immigrants from Bangladesh who are Hindus or any other religion who are
crossing the border due to fear of religious persecution should be given
citizenship status in India]
ATTACKS ON SECULAR ARTISTS
Bangladesh-a secular, Muslim-majority country-has struggled with violent
Islamist groups since the country fought war for independence from West
Pakistan in 1971.
Bangladesh, in recent times, has been witnessing a spate of attacks on
minorities, liberals and secular activists, bloggers and journalists.
Why bloggers (liberals and secular activists)?

Radicals
groups
have
targeted
bloggers
their atheistic and secular views over the last few years.

for

The bloggers are among those who would want to hold on to the
ideal of a secular state that was conceived after the historic war of
liberation against the then West Pakistan in 1971.
The bloggers were supporters of the war crimes trial.
Bloggers are instrumental in shaping public opinion in cyber
space against communalism.
Bloggers have criticized militant/ radical groups.

Fall out of war trial

The current Awami League government claims to be committed

to secularism, and has boldly initiated the trial of war criminals who
committed genocide and mass rape during the Liberation War of 1971

Jamaat-e-Islami, the countrys leading Islamist party and firm ally

of the Bangladesh Nationalist Party (BNP), has been hardest hit by
these trials. Many of their leaders have been convicted of war crimes.

The main opposition, the Bangladesh Nationalist Party, has

joined hands with the Jamaat-e-Islami to unleash violent protests
against the government, particularly against the war trial in which
several Jamaat leaders have been indicted.

When one of the leaders, Abdul Quader Mollah, was convicted,

spontaneous agitations erupted in Dhaka culminating in the Shahbag
protests in 2013 demanding capital punishment for those convicted
for the war crimes of 1971.

In fact, much of the recent Islamist militancy in Bangladesh is in

response to the trials of 1971 war criminals by the International Crimes
Tribunal.

Since 2013, a variety of local Islamist groups are believed to be

responsible for the murders of at least 40 pro-secular writers and
activists, members of religious minorities and foreigners.

The killing of the bloggers comes against this background.

Analysis

Killing of secular bloggers also raises questions about

the commitment
and
capability
of
the
Bangladesh
government in protecting its citizens from organised violence.

By means of the murders the Islamists are sending a message

to the government and the public that anyone who criticises them
would face a similar fate.

Government should initiate credible steps to ensure the safety of

citizens. Failing to do that would only send a message to the assailants
that the authorities tend to tolerate such attacks.
INDIA BHUTAN
GROWTH OF DEMOCRACY

Examine the events and factors that helped Bhutan become a

democracy. (200 Words)
Bhutan is a country who is very small in geographical area compared to
India but this small nation has taught many things to the world in a small
time especially to measure Gross National Happiness instead of GDP.
In 2008 Bhutan became a democratic country due to the vision of their
fourth king Jigme Singye
Wangchuck of Wangchuck dynasty who became king at the age of 17. He
first worked upon foundations of peaceful economic development and
political stability with full support from India and preserved its
geographical isolation, he applied his mind seriously to the future course
of his kingdom. Until the 1980s, Bhutan had sought to zealously preserve
its
geographical
isolation.
King Jigme Dorji Wangchuck took the first steps towards democratization
by setting up a 130- member National Assembly in 1953. His son and
successor Jigme Singye Wangchuck further loosened the monarchys grip
on absolute power in 1998 when he took steps to rule Bhutan in
conjunction with the National Assembly as well as the Council of Cabinet
Ministers. He followed that up by setting in motion the drafting of a
constitution in 2001.He has a great vision and in contemporary world he
knew that someday monarchy will be challenged so he himself promoted
for the democracy. He transferred most of his powers to a nominated
Council of Ministers, thereby volitionally diluting the concentration of
power in the throne. Then, in 1999, he allowed both television and
Internet
to
make
their
entry
into
Bhutan.
In 2005 he passed the monarchy to his eldest son and then issued a royal
command that work on a new Constitution must begin immediately with
the express purpose of converting Bhutan into a parliamentary democracy
with a constitutional monarchy. He remains above the democratic fray, but
is very much bound by the Constitution. Although the process is
cumbersome, the king can actually be impeached under the Constitution
by
Parliament.
Moreover, the Constitution also mandates that a monarch must
compulsorily retire at the age of 65. Democracy, albeit with a strong
Bhutanese flavour, has come to stay in the Forbidden Kingdom, and India,
as the worlds largest democracy, can only welcome it.

RELATIONS WITH BHUTAN

India and Bhutan have had long-standing diplomatic, economic and
cultural relations. Bhutan-India relations are governed by a friendship
treaty that was renegotiated only in 2007, freeing Thimphus external
relations from New Delhi, but still subjecting the Himalayan nations
security needs to supervision.
Why Bhutan is important for India?

All weather friend.

Hydroelectric potential which when developed will remove power

crisis in Eastern states

Buffer state to China

Strategic importance: The Chumbi Valley is situated at the

trijunction of Bhutan, India and China and is 500 km away from the
Chickens neck in North Bengal, which connects the northeast with
rest of the country.
Negatives:

Dependence of Bhutan on India. Huge trade imbalance

Recent inclination of Bhutan towards China

Recent Developments:

The Union Cabinet has approved a new agreement on Trade,

Commerce and Transit between India and Bhutan. The Agreement
provides for a free trade regime between two countries. It also provides
duty free transit of Bhutanese merchandise for trade with third
countries. As per the agreement, bilateral trade between both
neighbouring countries will continue to be transacted in Indian Rupees
and Bhutanese Ngultrum.
Source:

http://www.thehindu.com/opinion/editorial/reaching-out-tobhutan/article6120402.ece

http://www.bhutannewsnetwork.com/2014/07/the-chinese-shadowover-india-bhutan-relations/
INDIA CAMBODIA
OVERVIEW
2 MoUs :

On Tourism

On the Mekong-Ganga Cooperation Initiatives

Budget announcement- SPV with regard to CLMV (Cambodia, Laos,

Myanmar and Vietnam). Setup to attract Indian investments.
INDIA CANADA
URANIUM DEAL
Critically examine the context and significance of the uranium
supply deal that was signed between Prime Ministers of India and
Canada. (200 Words)
[1]
India's economy has seen rapid expansion, resulting in a surge in demand
for energy. As a result, India is looking to increase its dependence on
nuclear energy. India has 22 nuclear reactors and plans to build some 40
more in the next two decades. India and Russia sign civil nuclear
agreement, ensuring nuclear fuel supply for Kudankulam plant. Uranium
supply deal is also signed with Kazakhstan and Australia. Local uranium
enrichment
is
also
gaining
momentum
by:
1.

Expanding military gas centrifuge uranium enrichment facility at

Ratnahalli enrichment plant
2.
Building large unsafeguarded centrifuge uranium enrichment plant
in Chitradurga District (Karnataka) But, India plans to generate 45,000
MW of nuclear power by 2032 - an almost 14-fold increase on current
levels.
Though agreement was reached in 2012 with Canada, but differences over
the supervision of the use of uranium in India delayed ratification of the
deal. Canada banned the sale of uranium and nuclear hardware to India
after India used Canadian technology to make its nuclear bomb.
Importance

of

this

deal:

1.

It is also politically vital because long restriction of trade came to an

end which shows trust in Indias Non-proliferation commitments on
international platform.
2.
This deal will also diversify sources of uranium supply to India which
is necessary for uninterrupted fuel supply to India's Nuclear Power
reactors.
3.
Help
in
controlling
climate
change
in
India
Announcement of Canada to supply uranium to India boosts India's plan to
increase its nuclear capacity to meet growing energy demand.
[Comments]
While giving context on local uranium enrichment is good, not sure if it is
needed here. Second, I would expand more on the importance of deal i.e.
How it falls in line with recent deals with US, it's likely impact on the Indo-

Japanese (Agreement with Japan can help us gain credibility, seek entry
into NSG, MCTR + nuclear tech for our reactors) + how it can aid in
technology
transfer,
enhance
capability
of
NPCIL.
[2]
Presently GoI is focusing on nuclear energy; to meet growing energy
needs of our economy. By 2032, India is expected to have 45000 MW of
nuclear capacity; making assured supply of nuclear fuel (uranium)
absolutely essential; moreover indigenous uranium production is too
meagre
about
350-400
MT.
Thus

need

arises

for

India

to:

1.

Establish reliable partnership with countries which can fulfil our

uranium requirements.
2.
Pursue bilateral agreements with such countries to ensure an
assured uranium supply. it is pertinent to mention that globally Canada
is the largest producer of uranium; it is in this context that, the recent
India-Canada uranium supply deal under which Cameco Crop, Canada's
largest uranium producer will supply 3220 metric tonnes of uranium
concentrate for Indian nuclear power reactors over five years, assumes
special
significance.
Significance

of

deal:

1.

Marks a fruitful conclusion of two years of protracted negotiations

that followed the 2013 civil nuclear deal between two countries.
2.
India diversifies its uranium supply; as it already has supply
agreements with Australia and Kazakhstan.
3.
Ensures energy security for India in future; beneficial to economy.
4.
Upholds
our
commitment
to
cleaner
environment.
The deal is a booster for Indo-Canadian ties; marks an end to moratorium
by Canada on nuclear trade with India since 1974.
INDIA CHILE
OVERVIEW
Relations:

Among the Latin American Countries (LAC), Chile was the third
largest trading partner of India during 2015-16.

During 2015-16, India's bilateral trade with Chile stood at US$ 2.64
billion with exports at US$ 0.68 billion and imports at US$ 1.96 billion
respectively.

India has friendly relations with Chile and Indias exports to Chile are
diverse.

Chile also has been cooperating with India at the International fora.

India-Chile preferential trade agreement

India and Chile have inked an agreement to expand the scope of

their existing Preferential Trade Agreement (PTA) by covering more
goods for tariff concessions

Expansion of India-Chile PTA will enhance the trade and economic

relations between the two countries. It will be an important landmark in
India-Chile relations and consolidate the traditional fraternal relations
that have existed between India and LAC countries
Background:

The India-Chile PTA signed in March 2006 came into force in August
2007.

Bilateral trade registered growth of 60% from 2006-07 to 2014-15

after the PTA came into force.
What is a PTA?
A preferential trade agreement is a trading bloc that gives preferential
access to certain products from the participating countries. This is done by
reducing tariffs but not by abolishing them completely
INDO CHINA
COMPARISON
It is said that economic agents have greater confidence in the
systemic stability of democracies despite overt manifestations of
political instability. Analyse why based on a comparison between
India and Chinas economies and how it has impacted their
growth stories. (200 Words)
China's economic policy of state capitalism(SC), which was adopted
after reforms were introduced in 1979 has, over the decades, emerged as
the ideal economic development strategy due to the high growth levels
China has been able to maintain over the past three decades. This
strategy has even been considered superior to the one outlined in
the Washington consensus, especially after the South-East Asian
economic
meltdown
of
1996.
India's economic growth and social welfare programmes, on the other
hand, have been overshadowed by that of Chinas. Also, India lags far
behind China in the exports sector and the volume of FDI inflow. Policy
implementation in India is also slower than China's as was evident in the
differences observed in the organization of the Beijing Olympics and the
Commonwealth
games.
However, there are certain aspects of our economic strategy which is
superior to that of China's. Chinese growth is too dependent on exports
and investments, while domestic consumption is the primary growth-

driver in India's case, making it less susceptible to shocks from the

International economy. The greater freedom accorded to Indian companies
and the lower level of bad loans among Indian banks, compared to that of
China's, are other positives of our economy.
The biggest advantage which India has over China is the vibrant
democratic system of the country, which has proved to the world that an
authoritarian regime is not necessary for robust economic growth. Our
strong democratic credentials also give more confidence to foreign
investors, even though China has a larger market size. Leveraging these
advantages to ensure a sustainable economic growth of India is the way
forward for the country.
Critically compare and contrast foreign policies of India and
China, especially with respect to meeting their security, strategic
and
economic
needs.
(200
Words)
Since independence India has adopted a foreign policy based on principles
such
as:
1.

Non-alignment: remaining away from any military blocs;

independent opinion at global forum.
2.
Panchsheel: based on mutual peaceful coexistence.
3.
Gujral doctrine: magnanimity with our neighbours;
4.
No
first
nuclear
strike:
In this way India has gained a lot of trust & respect from global
community; translating into immense softpower which we yield in almost
world over; on flip side we are seen as a nation lacking teeth & muscle.
On the other hand China has adopted a foreign policy based on objectives
such
as
1.

One China policy: A nation cannot have official relations with China
& Taiwan both.
2.
MSR & SREB initiatives: focus on infrastructure development in
countries of Central Asia, Africa, and Indian Ocean region; to gain
strategic leverage in the region.
This way China has risen from status of a third world country to become a
major player on global arena; but it is viewed with suspicion by global
community; often seen as an aggressive & assertive nation:
1.

Security: focus on investments in Tibet & Xinjiang; hub of ethnic

violence; this will promote industry & infrastructure; to generate
employment; curbing secessionist tendencies; but India has failed to
ensure
development
in
LWE
areas
by
any
means.

2.

Strategic interests: China has encircled India through mega

infrastructure projects; on land via SREB initiatives & sea via MSR
initiatives; CPEC in Karakoram; India lacks vision in this matter & has
only reacted to string of pearls by speaking about naval modernization
& through meagre measures such as Chhabar port in Iran; currently we
are seeking alliance with countries such as Vietnam & Japan which
seems
a
right
step.

3.

Economic needs: after sustained double digit growth China plans to

cool off its overheated economy through an investment (funding infra
needs of other countries) led growth; this will keep inflation checked;
for India inflation remains a headache; record of sustained growth in
comparison to China remains poor.

Chinese policy is enriched by a vision & pragmatism which seems nonexistent in Indian policy; India can emulate China as an example.
CHINA FOREIGN POLICY
Do you think, considering recent foreign policy initiatives of
China, its rise is peaceful and reassuring to its neighbours?
Critically analyse. (200 Words)
China, due to its growing economic and military might, has been a force to
reckon with and only next to U.S in the recent times. Its growing stature
on global stage is, thus, not a surprise. It has taken a number of foreign
policy initiatives specially the current regime under President Xi Jinping
which have several negative under pinning for its neighbours
1.
Increased assertion in South China Sea - China's assertiveness in
South China Sea ( recent land reclamation ,warning/threat to vessels
entering these waters and unilateral claim on natural resources) has
left its many of ASEAN members worried.
2.
Claims on East China Sea - China's claims on disputed islands in
East China sea has concerned South Korea and Japan, two of its
important neighbours.
3.
'String of Pearls' and CPEC- China's String of Pearls in IoR and CPEC
in PoK despite India's reservations has left India dismayed. Recently
China has also defended Pakistan in UN sanctions committee on
terrorists Sallauddin and Lakhvi.
However, China's few initiatives have also indicated its genuine
willingness to
play a responsible power's role
1.
NDB and AIIB - These multilateral institutions have been set up with
major thrust from China to not only supplement existing multilateral
financial order but also to assist the developing world ( specially Asia)
financially for its needs.

2.

OBOR - Silk road economic belt and MSR initiatives are aimed at
reviving historical silk routes to Europe by bringing economic
development to the participating nations.
3.
China's assistance to its neighbours like Myanmar, Nepal, Central
Asian countries etc for developmental needs is also a case in point.
However, critiques also see them as a part of larger Chinese design.
Thus, we see that China, being a major power of the world should carry
itself in a more acceptable manner by respecting international
laws/treaties/practices, taking smaller neighbours into confidence and
respecting the ethos of Panchsheel principles. It should not only act in a
more responsible manner but also should be seen doing so. Only then, its
"peaceful rise" shall be in a larger global interest.
Good Articles:

http://indianexpress.com/article/opinion/columns/india-must-unilaterallycede-a-veto-to-china-military-partnership-united-states-2770140/

BOUNDARY ISSUES
The Special Representatives of India and China, on a separate
track, are engaged in a lengthy process of negotiations to define
the final frontiers between their countries. Critically examine
what factors are holding back both countries to come to a final
solution on this issue. (200 Words)
India and China have a 4058 km long disputed Line of Actual Control (LAC)
which is proving to be a barrier to stronger relation between the two
neighbours. While mutual distrust led to outright hostility and even a war
in 1962, the issue has not been satisfactorily resolved. The following
reasons impede resolution of the problem:
1.
Nationalistic Reasons - Negotiations over disputed boundaries
require some manner of give and take. However, jingoistic sentiments
on both sides make compromises difficult.
2.
Political Reasons - Negotiations are held hostage to political climate
in both the countries. As a result they are sometimes not given due
priority which slows the process.
3.
Strategic Reasons - While India claims the Aksai Chin plateau, China
does not wish to give it up because a strategic road connecting
Xinjiang and Tibet passes through Aksai Chin. On the other hand, while
China claims Arunachal Pradesh, India cannot give that up due to the
people living there.
4.
Realpolitik - An unsettled border with India gives China a strategic
advantage as it creates uncertainty in the mind of India.
5.
Economic Reasons - As India seeks greater economic integration
with China, China is delaying the boundary settlement so that it can
then leverage its economic control over India to dictate a more
favourable boundary settlement.

For closer relations and to give credence to the dream on the 'Asian
Century' it is necessary that India and China resolve their differences over
the boundary issue. It demands a pragmatic approach from both the
countries and a push from the political leaders. A fair settlement of the
boundary question could become the defining moment of the 21st century
and lay the groundwork of the 'Asian Century'
Write a brief note on the history and importance of McMahon Line
for India. Critically examine why this Line has become bone of
contention between India and China. (200 Words)
Shimla Accord was signed between British India and Tibet in 1914 through
British and Tibetan Govt representative. But it is disputed by Chinese Govt
on the basis that Tibetan Govt has no authority to do so because it was
under Chinese suzerainty as per the Anglo Russian Accord and Chinese
representatives have not accepted or signed it.
In 1948 Communist Govt of Beijing brought Tibet under its direct control
and Nehru declared McMahon Line to be final boundary line between India
and China in return of India giving up its extra territorial right over Tibet.
But since 1959 failure of Tibet uprising and Dalai Lama arrival in India
things changed and China refused to recognise McMahon Line as
boundary
Today, China does not recognise Arunachal Pradesh or McMahon line. It
shows Arunachal as South Tibet. This boundary was never demarcated
and continues to be on paper only with both sides reinforcing military and
witnessing skirmishes.
McMahon line is important for us because we believe Arunachal Pradesh is
an integral part of India more than what Tibet is of China. The region is
endowed with natural beauty lie evergreen forests, many endemic species
of flora and fauna. Eco tourism can be a great business and so can be
medicinal value of these.
Also, Arunachal Pradesh has Brahmaputra which had immense potential of
hydroelectric power which can sustain the Seven Sister states. Recently,
oil had been discovered and many minerals might also be found in young
Himalayas. Most importantly, the region is vital for India's security
concerns due to proximity to Bangladesh and Myanmar.
China does recognise McMahon line as boundary with Myanmar but not
with India. This issue gets compounded due to other factors like Aksai
Chin, Pakistan China ties, emerging economies and India viewed as
West's paradise by China.
Lately, the two nations have sought diplomatic means to resolve the
boundary issue and it should be prioritised as it is the only issue over

which a future war may be fought. We cannot also give up our claims in
return for Aksai Chin. India should reach out to local population with more
fervour and opportunities for growth, employment, etc.
RELATIONS
Facts and Phrases:

Modi - China and India are "two bodies one spirit"

Joint Counter Terror drills - Hand in hand 2015

China opposed India's bid in Seoul while other 47/48 members of

NSG supported it.

China has become hub for circulation of fake Indian currency notes.

Chinese individuals supplying arms to NE insurgents.

India-China high level talks to combat terrorism held

Despite some major shared interests and willingness to
strengthen their mutual relationship, few factors are hampering
the full development of ties between India and China. Critically
examine what these factors are and evaluate the efforts being
made to resolve them. (200 Words)
The Relations between India and China extend over centuries with trade
along Silk route, Buddhism, teachings at Nalanda University etc. The
Panchsheel has become a major plank of friendship and peaceful
coexistence. The war of 1962 has created a shadow of mutual distrust and
created a deep scar on relations.
Relationship with any country is Broadly based on 3 parameter
Government to government
1.
India soft stance toward Tibet autonomy .
2.
China policy to encircle India through MSR,
3.
Visa issue for Arunachal Pradesh
4.
China capture large portion in land in Ladakh( Aksai Chin)
5.
Creation of Pakistan -China Economy corridor through Karakoram
range has been opposed by India as it affects India's sovereignty.
There is lot of measure taken by both government from time to time to
resolve issue. Like confidence building measures, border defence
cooperation agreement, Hotline between army chief of both country, more
flag meetings, special representatives mechanism etc. But India and china
relation is "very fragile, very easy to be damaged, and very difficult to
repair."
People to people
1.
There is also less people to people communication between India
and china which hamper relationship.

However there is great potential for tourism because of Buddhism.

Recently India have taken a step forward to give E-Visa to Chinese tourist.
This can be proved good for economy generation in tourism sector.
Proposal for establishment of cultural cities in India. Bollywood and yoga
also have potential to increase the ties
Business to Business2.
India have Trade deficit with china.
3.
Indian IT and pharma industry facing many hurdles in its operations
in china
4.
Chinese firms facing problems like visa approvals, delay in
clearances for projects in India
5.
China's import promotion zones, industrial parks in India, trade fair,
liberalising visa (e-visa) can help
There is a wider scope available for mutual co-operation in a number of
areas such as NDB, BRICS, AIIB, SCO etc. With the mutual co-operation,
certainly the 21st century will belong to Asia.
Do you think the 21st century would belong to China just as 19th
and 20th centuries belonged to Britain and America respectively?
What would be India's role in 21st century? Critically analyse.
(200 Words)
The view that "21st century belongs to China" is supported by global
pundits; the
reasons are:
1.
The present position of Chinese economy with high growth, foreign
reserve
2.
Increasing role in global economic scenario by creating new
development bank and huge infrastructure creation in the form of
maritime silk route and belt and road initiative to link with major
economies of world,
3.
For security, China is constantly building and upgrading its weapon
stock. Latest inclusion of intercontinental ballistic missile which can
reach out to US can be helpful as major deterrence
4.
They are ensuring multiple trading routes so that in case of
emergency, blockade of any one route doesn't hamper their trade
But there are hurdles. Few of them are:
1.
China has border problems many of its neighbours like India, Japan,
Philippines, Vietnam. This can lead to creation of anti-Chinese block
which can hamper Chinese endeavour.
2.
Major investor in china is US while majority of debt to US is provided
by Chinese. Such situation cannot continue for ever and can lead to
turmoil during economic crisis situations.
3.
Engagement with rogue nations: such as north Korea, Pakistan &
Iran makes world wary of Chinese intentions.
4.
Growth of many other nations like india, brazil, SE aisa etc

India can play a major role in 21st century:

1.
India can play big role in maritime security
2.
India can become manufacturing hub of world given that its
population is young and 2nd Largest in world.
3.
India can assert spirituality in world order for world peace given its
secular and multi culture nature. re-stressing on cultural ties & soft
power such as International Yoga day, Nalanda university, Gujral
doctrine.
4.
Greater role in regional security and better coordination at SAARC
level
5.
She can be one of the poles in emerging multi-polar world and can
work for peace in the world.
6.
India can play major role in climate change talks, UNSC reforms etc
Critically analyse India's relationship with China. (200 Words)
China being biggest Indian neighbour and both are emerging countries.
They have areas of overlapping interest and differences. Relation between
2 can be studied on following broad areas:
1.
Security: There is a great suspicion between two countries of each
other's activities. Chinese projects of Karakoram highway project, South
China Sea, Silk Road project, Pearl of string theory and border activities
of Chumar have generated huge suspicion in India. The closeness of
India to USA, Japan, and Vietnam etc. generates fear among China of
India becoming part of its entrapment. The lack of cooperation and
confidence building measures are the reason behind it. Refuge given by
Indian Govt to Dalai Lama and Tibetan Govt in exile never goes down
well with Chinese Govt and is seen as potential interference in its
internal affairs.
2.
Border Dispute: Aksai Chin, Arunachal Pradesh region are the main
area of dispute between two countries. 1962 war in which India lost
Aksai Chin region has created great doubts about Chinese intentions on
border disputes. China claim AP to be part of Tibet. Both countries
failed to solve this dispute despite formation of committee comprising
special representatives. China has also been issuing stapled visas to
people of Arunachal Pradesh.
3.
Trade: Huge trade deficit, market restrictions imposed by China is
restricting realisation of trade potential. Trade deficit is $48 bn in
china's favour. India is exporting only cotton, iron ore etc. while china
exports to India high-tech goods. Also, India's market in china for IT and
pharma is very small.
4.
People-to-people. China wants e-visa facility to be extended to it so
that there is increased flow of tourists and businessmen from either
country. Recent Indian thrust on soft power diplomacy by using
Buddhist linkages to build strong bonds is a welcome move
5.
International Platform: Both countries lead Developing, emerging
countries on various platform e.g. Climate change, WTO, UN etc. So
they have quite common interests which bring them closer.

The huge mistrust between the two countries needed to be removed and
the political class has the main responsibility. People to people contact
needs to be relaxed and the historical cultural links needed to be further
strengthened. 21st Century belongs to Asia if these countries work in
coherence with each other rather than in hostile mistrust.
ARUNACHAL PRADESH

Critically comment on Chinas position on Indias Arunachal

Pradesh. Do you think Chinas concerns and reactions to Indias
activities in Arunachal Pradesh are driven by its insecurity about
Indias rise in Asia? Examine. (200 Words)
In 1951, China became Indias neighbour not owing to geography but by
annexing Tibet. In recent years China has created conflict zone across the
Himalayas especially in Arunachal Pradesh. Arunachal Pradesh is
internationally recognized as a state belongs to India. It is influenced by
Tibetan,
Burmese
and
Bhutanese
culture.
China lays its claim on Arunachal Pradesh (AP) on the basis of its cultural
similarity with Tibet. It has gone to the extent of citing of birth of 6th Dalai
Lama in Tawang District (AP) in 17th century. The irony is that China
openly covets AP as a cultural extension to Tibet, thus is a part of China.
Chinas claim on Arunachal Pradesh cant be driven by insecurity of Indias
rise in Asia rather it can be treated as a classic attempt of incremental
annexation. Since 2000, China has been claiming AP (earlier only Tawang)
in its entirety and is motivated by its desire to put a stop on Tibetan
nationalism which it believes is fueled by support from India. Arunachal
Pradesh is also strategically located at the confluence of the international
borders
of
India,
China,
Myanmar
and
Bhutan.
This extension of territorial claims and increasing aggressions in Arunachal
Pradesh, East and South- China sea Islands, indicates a concerted strategy
of widening of Chinas sphere of influence and control. Thus to counter
this India also need to develop strategic policy and not just adopt 'wait
and watch policy

TIBET
Critically comment on the Chinese policy on Tibet, especially in
the
light of recent events where Tibetan supreme leader Dalai Lama
has
said that he would not reincarnate. (200 Words)
The Chinese have kept up with the policy of repression and saturating the
ethnic Tibetans with Hun Chinese. Unlike the Indian policy of allowing
tribal and north easterners to slowly integrate into the mainstream at their
own pace, the Chinese have adopted the policy of assimilation that aims
at uprooting the traditional culture of the minority community and
replacing
it
wholesale
with
the
mainstream
one.
The unintended consequence of this policy has been mass uprising of
Tibetans even against the well intentioned measures for government. The
Uighers have taken to violence due to same policies, but Tibetans have
kept
their
peace
due
to
Dalai
Lama's
urgings.
Chinese policy in Tibet has been to take over the temporal and spiritual
powers of the Lama legacy by trying to impose government selected
candidates. They opposed Dalai lama when he said that he wouldn't
reincarnate in his next birth. It was quixotic to see the atheist Chinese
trying
to
force
reincarnation
of
a
religious
head.
The Tibetans will have none of it and would most likely follow Dalai Lama's
instructions. The important thing to remember is that the will of the
people has to be taken under account. China is no longer a communist
nation in action. They are more of exploitative capitalists with a
communist facade to keep their bosses in power. Unless power and
freedom is divested to the locals, the trend of violence and opposition will
continue despite the efforts of the government to force their own views.
Some analysts argue that the imminent crisis in IndiaChina
relations will come to the fore when the question of the Dalai
Lamas succession in Tibet can no longer be ignored. In your
opinion, how should India try to resolve its differences with
China? Critically comment in the light of the statement. (200
Words)
There some facts India must keep in mind in matter of Tibet:
1.

China is an atheistic state. CPC reacted furiously to the Dalai Lamas

suggestion that he may choose not to be reincarnated.
2.
Without the support of Western public opinion there would have
been no independence movement in present day Tibet.

3.

Tibetan diaspora (especially overseas) represents the most obvious

threat to long-term Chinese hegemony over Tibet.

China believes:
1.
Tibetan Autonomous Region is historically an ethnically mixed
region, so no question of separate homeland.
2.
Tibetan civilization was never unified under a single Tibetan ruler,
whether Dalai Lama or Panchen Lama.
3.
Tibet has attributed to neo-liberal reforms and the penetration of
market relations to all aspects of Chinese life.
4.
Chinese society has grown economically, covering all ethnic
populations.
It is impossible to know how the Tibetan diaspora will react to the
passing of the Dalai Lama
India's
Stand
should
be:
1.
2.
3.
4.
5.

India has accepted Tibet as integral part of China, so there is no way

around.
Tibetan nightmare can disrupts Border issue with China.
India must strongly oppose any inhuman activities in Tibet.
India must allow exile government of Tibet trying to control political
situation in TAR.
Any matter on Dalai Lama's reincarnation must be ignored, because
it is matter of faith and not politics.

Tibet has remained biggest stone in balancing ties with China; India must
act consciously considering western opinions also on Tibetan problem, but
without enraging Chinese aspiration and expectation towards India.
Recently China rejected Middle Way Path advocated by Dalai
Lama to resolve the Tibet issue.
Examine what Middle Way path advocates and how does India
view
this
path.
(200
Words)

As Tibetans don't accept current status of the Tibet under the China.
But they also do not seek independence for Tibet. Thus Dalai Lama's
Middle Path advocates to peacefully resolve the issue of Tibet and to
bring about stability and co-existence between peoples based on
equality and mutual co-operation.
Middle Path advocates the policy & means to achieve genuine
autonomy for all Tibetans living in the three provinces of Tibet within
the framework of the People's Republic of China.
The Middle Path called for democratic rule of administration
It is Win-Win-Win strategy where 3rd stakeholder being the
neighbours
countries
major
being
India.
a.

For Tibetans: the protection and preservation of their culture,

religion and national identity;

b.

For the Chinese: the security and territorial integrity of the

motherland; and for neighbours
c.
For neighbour countries: peaceful borders and better
international
relations
to
boost
economic
relation.

As China rejected the Middle Path & called it propaganda to achieve

independence is a major setback for India.
Allowing Dalai Lama exile in India, seen as major bone of contention,
as Chinese view it as India interference in their internal issue.
Also the Path would brought peace in its N-E Area and thus provided
major thrust for economic development of the area. for their provinces.
It will never seek separation and allows limited Chinese military.

ONE BELT ONE ROAD

Facts:

Iran linked to China via train (29/01/2016)

Why should India join OBOR?

India should join OBOR:

Pakistan may use India's absence against us

Pakistan providing route to Indian Ocean

India's masterstroke: provide alternate route to BoB and Indian

Ocean through India. Will also lead to investment and an insurance
against China's misadventure in future.

India extended fast security clearances for Chinese investments in

the country.

Push for greater cooperation from China on counter-terrorism,

including pressuring Pakistan to act on LeT

Whats China's strategy?

South Asia is the least integrated region in the world, and that is not
in line with global trends. The new initiative aims to integrate the
region.

The Initiative, seen more as a policy indicator than a set of projects,

will link three continents Asia, Europe and Africa.

China has cash and deposits in Renminbi equivalent to USD 21

trillion, or two times its GDP, and expects that the massive overseas
investment in the OROB will speed-up the internationalization of the
Renminbi.

It is also seen as a strategic response to the military re-balancing

of the United States to Asia.

Critically examine the objectives and reasons behind the proposal

of creating a "One-Belt-One-Road" (OBOR) project by the Chinese
despite already having cheap and reliable trade routes in the
oceans. Should India join hands with China in this initiative?
Examine the costs and benefits of such a move. (200 Words)

The One-Belt-One-Road (OBOR) project by China

elements.

consists

of

two

1.

Silk Road Economic Belt (SERB), which aims to establish a

Eurasian land corridor extending from the Pacific coast to the Baltic
Sea.

2.

And a 21st century Maritime Silk Road (MSR) which aims to

develop ports across the Indian Ocean.

Analysts believe that the OBOR initiative will impact 4.4 billion people and
has the potential to generate USD 2.5 trillion in 10 years.

Reasons behind OBOR Initiative

1.

Vast Forex Reserves - China has forex reserves exceeding USD 3

Trillion. It is now trying to utilize them for fuelling economic growth.

2.

China is trying to leverage its economic strength to emerge as

the next superpower. The OBOR initiative will help China to reach out
to a lot of countries and integrate their economies with its own.

3.

China is also trying to diversify its trade routes. As excessive

dependence on a single route is a strategic vulnerability.

4.

Safer, economical and faster alternative medium of connectivity to

oil rich Central and West Asia besides connecting European markets for
its finished goods.

5.

It's considered as China's response to U.S's Pivot to Asia rebalancing act (strategic counter) and TPP (economic counter).

6.

It will help China emerge as a global power in a multi polar world by

influencing/inviting countries to join this initiative

7.

It will also help China in using its industries' excess capacities

especially in the wake of a global slowdown and have its influence in
strategically important and U.S dominated Indian Ocean waters.

8.

Will improving connectivity between its underdeveloped southern

and western provinces, its richer coast, and the countries along its
periphery

The OBOR initiative has specific risks and opportunities for India. India
needs to particularly study these before committing to any course of
action as it can have grave strategic consequences.
1.

The west, particularly the US is banking on India to counter a

growing China with their pivot to Asia. In case, India accepts the OBOR
initiative, it might lose its strategic autonomy.

2.

While India cannot compete with China economically, it has cultural

as well as reputational advantages over China. Thus, a similar initiative
by India dubbed Project Mausam could suffer if India were to join hands
with China.

3.

A stronger China is a strategic risk for India given the fact India has
4078 km of disputed border with China and China claims a large
portion of Indian territory (nearly 80,000 sq km).

4.

But, India isn't included in the US-led Trans-Pacific Strategic

Economic Partnership and the Transatlantic Trade and Investment
Partnership, leaving the ambitious nation feeling marginalized on the
world economic stage. Consequently, joining "One Belt and One Road"
constitutes a helpful alternative

5.

India can be benefited by having better connectivity to landlocked

oil rich Central Asia for its energy needs. Also, it can be used by India
to improve its infrastructure significantly. This initiative can also be
seen by India as an alternative to TPP.

Having said that, India shall need to ensure that its strategic maritime
interests in Indian Ocean are not compromised by Chinese presence. Also,
given long festering boundary issue with China and its recent CPEC
initiative in PoK despite India's reservations make it a fit case for closer
scrutiny by India before taking a final decision.

Critically analyse how the Belt and the Road project of China
benefits India. (200 Words)

China has proposed the Belt and Road initiative and enough progress has
been taken on the project so far. The project is a foreign policy initiative
with economic, geopolitical and strategic implications. The project aims to
reinvigorate the old silk route of China connecting its eastern coast to
Europe, Africa and South Asia. It aims to do this through both land and sea
route by enhancing road connectivity and building ports in different
countries.

According to China, India is also a key part in this initiative. But India so
far has not made any commitment or taken part. An analysis of the
benefits of this project to India are :
1.

Economic - The project will enhance India's connectivity with other

countries especially Central Asia through China since the Pakistan route
is not available for now. Connectivity to Russia and Eurasia and even
Europe can also be achieved. Better connectivity increases trade and
people to people movement and ties. Something which is at a nascent

stage with these nations now. India could even use Chinese ports in
Africa and South East Asia to enhance its relations with these nations
and trade. Since India is looking to diversify its trade and improve its
export potential, this could favour India and help our Make in India
initiative.
2.

Political - Better economic relations improves political relocations

and mutual trust. Being part of the initiative will improve India - China
relations and also with Central Asian nations predominantly.

3.

Strategic - Pakistan and China relations are on a high since the

China Pakistan economic corridor being launched. India through this
project can retain the balance of power in South Asia.

These benefits though come with the risk of opening up the economy to
China which is inimical to our domestic manufacturing through dumping of
Chinese goods. Moreover, the security angle of China gaining access to
Indian Ocean has security implications. Relations with USA may get
hampered. These disadvantages must be considered before joining the
project. The government has taken the right approach of waiting and
watching Chinese moves before taking any decision.

Do you think both Asian Infrastructure Investment Bank and "Belt

and Road" projects of China are complimentary? Substantiate and
examine the implications for the Asian region of both these
projects. (200 Words)

AIIB or Asian Infrastructure and Investment Bank was originally conceived

by china as a multilateral institution for financing the infrastructure needs
of the Asian region. The AoA has been signed by 50 countries including
India and 7 more are supposed to sign by year end.

'Belt and road' initiative is again the Chinese conception of modern

version of the historical silk route, that once existed between China and
Europe. Under this initiative china will be building a maritime link and a
road link with Europe, Africa and Asian countries.

The financing needs for infrastructure like road construction and ports
construction, customs clearance houses etc. will be invariably financed
from institutions like AIIB and NDB (Brics Bank).

Thus the 2 projects are complementary to each other. However there are
certain differences and contradictions:
1.

AIIB seems more benign whereas countries are wary of B&R.

Example being India.

2.

AIIB seeks to involve other

implementation of Chinese plans

stakeholders

whereas

B&R

is

Positive implications for Asia:

1.

The infrastructure needs of the region will get adequate funding.

2.

The region will be less dependent on European and American

markets.

3.

This will put pressure on the troika of WB, IMF and ADB to be more
efficient in its lending priorities.

4.

With initiatives of road corridors like Kolkata to Kunming initiatives,

the positive economic effects of the belt might help develop the
erstwhile underdeveloped regions and thus put an end to militancy,
terrorism in countries like Myanmar and Pakistan.

Negative implications for Asia

1.

Though promised to be more democratic and transparent in its

initiatives, almost one third shareholder in still china. Possibility of arm
twisting by china in future cannot be ruled out.

2.

Substantial Chinese presence in countries of Asia, while executing

the projects in these countries, may alter the geopolitical landscape of
the region.

3.

Cheap and subsidised Chinese product may flood the region, as

china is already having excess industrial capacity, thus giving final
blow to the indigenous industries of the region.

Critically analyse the objectives and intent of the Chinese Silk

Road Economic Belt project and its implications for India. (200
Words)

The "Silk Road Economic Belt" is a Chinese initiative to integrate

economies of Asia and Europe along the Eurasian corridor with Chinese
economy; through the development of transport infrastructure and
communication networks involving railways, roads & fiber optics highways
that would connect South Asia, South East Asia, Central Asia and Europe
along
an
integrated
land
corridor.
Intent:
1.

Realize Chinese aspirations of playing an enhanced role at regional

and global levels.

2.

First step towards establishing Chinese hegemony at regional and

global levels; instead of US $ or Euro, the local currencies & Renminbi
to
be
dominant
means
of
economic
deals.

Objectives:
1.

Development: of Chinese hinterland particularly Xinjiang province

which is seeing a lot of ethnic violence arising out of social problems
like poverty, unemployment, backwardness etc.

2.

Economic Growth: Enhanced connectivity will boost China's trade

with entire Eurasian continent; Chinese overcapacity in construction
materials will be utilized; efficiency improves.

3.

Enhanced Regional & Global clout: China hopes to gain closer

cultural and political ties with countries along the silk Road.

4.

Counter US: Policy of "Pivot of Asia" and its trans-pacific partnership

agreement which try to contain China and consolidate American
hegemony.

5.

Soft Power: Showcase a softer side of China & gain an upper hand
over
regional
powers
such
as
India
&
Japan.

Implications

for

India:

Security:
1.

Chinese influence in Indian neighbors such as Nepal, Bhutan may

increase.

2.

Encircling India via land corridor just like string of pearls in Indian
Ocean.

Political:
1.

India's clout at regional level might be reduced.

Economic:

if

India

participates

in

the

initiative

1.

Its trade might be boosted with Eurasian economies.

2.

China may fund infrastructure development in India too.

then

Conclusion: The need for India is to balance security concerns with

economic benefits to be derived; particularly in the context of Chinese
assertiveness.

Discuss if the China's Road and Belt project has the potential to
improve relationship of India with Tibet Autonomous Region and
Pakistan. (200 Words)

The China's Road and Belt project will possibly have mixed effects on the
relationship of India with the Tibet Autonomous Region and Pakistan as
summarized below:-

With respect to Tibet Autonomous region :1.

The proposed extension of Lhasa-Shigatse rail link to Yadong and

then to Sikkim through Nathu La Pass which connects Tibet with
Sikkim, would boost the high potential tourism industry , bring
investment and trade connectivity, between India's north east regions
and China. Would improve the poor states of infrastructure and
connectivity in the regions.

2.

The extensions of the Lhasa-Shigatse rail link to Kathmandu and

then to Bihar would not only boost the Buddhist tourism to sacred sites
of Bodh Gaya but also give impetus to the trans-national trade in the
region along with deep cultural and people to people contacts.

With respect to the Gwadar-Kashgar economic corridor between

Pakistan and China:1.

Since the proposed corridor passes through the disputed territory of

Pakistan occupied Kashmir, it is no way acceptable to India from any
perspective. Construction of any infrastructure and transport linkages
in seriously disputed territory based on bilateral cooperation would
mean disregard to the India territorial boundary and interference on its
sovereignty.

2.

The corridor possesses deep security threat to India too. In the

event of confrontations with Pakistan or two front wars with Pakistan
and China, the corridor would facilitate close military cooperation,
movement of forces and exchange or transfer of military aids and
equipment between the two countries ,which would put India in a
serious disadvantaged position militarily .

Thus, as a part of a China's Road and Belt Project , the rail connectivity
between the Tibetan Autonomous Region and India's north east and
eastern state of Bihar through Kathmandu will give big boost to the trade
and tourism while the same can't be said in case of economic corridor
between Pakistan and China passing through PoK

Why is Chinas Silk Route project compared to the Marshall Plan

of
post Second World War? Critically examine. (200 Words)

Marshall plan by US was made to attain its foreign policy objectives in the
suit of economic interest which later on helped US in rising as global
power, similarly, china's silk route plans are considered to be aimed at
attaining its agenda to become global power while fulfilling its domestic
economic
needs.
The reasons of this similarity can be pinned to following points:
1.

Both plans aims at exporting their countrys capital, technology, and

capacity to others who need them badly.

2.

Both plans aimed at pursuing strategic plans in the mask of aids.

3.

Both plans created doubts of interest and security apprehensions for

some nation, as in this case India has fear of being overshadowed by
it.

4.

Both the plans were formed while being economically superfluous to

master
over
other
nations.

Arguments which support that china's initiative isn't a marshal plan are:
1.

Unlike the Marshall Plan, which excluded communist countries,

Chinas one belt, one roadinitiative is open to all countries who are
interested in development, regardless of their regime types.

2.

While implementing Marshall Plan US already had a global

hegemony whereas china is still a developing nation facing many
challenges and distrust.

3.

China's "one belt, one road" initiative is far more ambitious than the
Marshall
Plan.

Chinas initiative aims at the whole world, and thus could have a greater
global impact whereas US aimed only at European region under marshal
plan.

CHINA SUPER POWER?

Do you think Chinas ambition to become a global superpower is

peaceful? Critically comment. (200 Words)
China is most populous nation, with second largest economy in world, and
a
reputation
of Worlds
Factory.
Due to its wars of aggression, institutionalised torture, unaccountable
assassination programmes and general contempt for the rule of law, USA
has today sacrificed whatever was once considered admirable about its
role in international affairs. But, it cannot be the case for China.
China, despite existing as a unified country 4,000 years longer than the
US, conspicuously does not have such a history of invading and
subjugating the inhabitants of far-flung lands. Despite being one of the
wealthiest and powerful countries on earth for most of its existence,
China's relationship with the outside world has traditionally been
characterised more by Sino-centric inertia and peaceable exchange
than by armed pillage and the export of violence to foreign
lands.
China is culturally sensitive; Evidence suggests that China's influence in
Africa and Latin America has been built on the basis of mutual economic
interest, though, Chinese polices are no less self-interested. China
working within the emerging "BRICS" bloc of countries, it is capable
of
constraining
unilateral
US
actions.
But, problem of relations with Japan, Taiwan and Vietnam could be seen
that China is strong abroad but fragile at home," prompting her
concern that internal developments could upset China's peaceful rise

and

bring

about

unplanned

wars

in

Asia.

It must also be noted that world is no longer unipolar, and to be SuperPower country must be
economically, politically and diplomatically dominant. So, China can be
stated as super power in terms of being World Factory, but in
diplomacy and political ideology it lags far behind democratic nations of
Asia, North America, and Europe.
CHINA PAK INDIA

What is CPEC?
CPEC encompasses development of a highway from Kashgar in China to
Gwadar in Pakistan. It is in line with the one road one belt initiative of
China.

How will it transform Pakistan?

1.
2.
3.
4.
5.

Investing in infrastructure development will create job opportunities.

So the employment scenario will be improved.
Development of Gwadar port and its connectivity with the
hinterlands will increase the share of Pakistan in world trade.
Local business will benefit and a new way to development will be
opened.
Diversion of youth towards employment will surely reduce radical
insurgency in the region.
CPEC can also help in keeping nation united in situation of
grave sectarian crisis.

Positives for India:

1.
Peaceful and prosperous united Pakistan is better than two-three
divided mini-Pakistan for Indias safe and steady progress.
2.
Pakistan commitments to China will put pressure on its government
to demolish fundamentalism, leading to peace there.
3.
China will try to protect its economic and strategic investment in
CPEC
and
thus
will
try
to
maintain
peace.
Negatives for India:
1.
POK, an Indian territory will used in CPEC, it is a challenge to
sovereignty of India.
2.
Chinese naval vessels will frequently confront Indian Naval vessels
due to Gwadar Port.
3.
Influence of China and Pakistan will increase in Afghanistan bad for
India's
investments
there.
India will have diplomatic and economic benefits like:
1.
Less US influence and intervention in south Asia which will
strengthen Indias position in region.
2.
CPEC can be linked to Silk route in central Asia which will open
markets for India
3.
India can openly & easily engage with Vietnam and other ASEAN
nations to counter-weight Chinese moves in India Ocean.
What is the debate around CPEC?

Critics are highlighting the burgeoning costs of keeping the corridor

secure. According to them, it is unlikely that China will change its
supportive attitude on the CPEC in the short term, but the increasing
cost of security is becoming a big problem in efficiently pushing
forward the project.

But, supporters view the CPEC as a project that can result in the
emergence of a stable Pakistan. In turn, that would yield a major
geostrategic prize, as it could disrupt the spread of extremism in the
region, through which Chinas ambitious One Belt, One Road will pass.
08/04/2016
Issue: China stonewalled India's move to ban Masood Azhar at UN

Though, China also is a victim of terrorism in Xinjiang and it has given firm
assurances on terrorism at multilateral forums, still it seen that China is
not walking the talk. Chinas move which prevented JeM chief Masood
Azhars ban at the UN is open acknowledgment to it.
China is blocking Indias move due to following reasons:
1. Pakistan Factor:Chinas engagement with Pakistan has highly increased
in recent times, be it nuclear cooperation, CPEC or defence cooperation. In
this scenario, China is doing every possible thing to guard its ally
completely ignoring its terror activities.
2. Insecurity:China has troubled boundary disputes in South China Sea
and east and is always wary of Indias engagement there and thus it uses
such issues to indirectly show its dominance at international forums.
India can deal more effectively with Pakistan based terrorists in
the light of Chinas non-cooperation in following manner:
1.
PM's recent successful visits to UAE and Saudi Arabia which are
Pakistans traditional allies and their support in counter terror
operations is a step in right direction to isolate Pakistan on the issue of
terrorism.
2.
India must press for reforms at UN highlighting such irresponsible
behaviour by world powers.
3.
India must learn from the incident and future proposals must try to
create a world opinion not allowing China to go against it.
4.
India must seek cooperation from western countries like France,
Belgium, USA which are also victims of terrorism.
5.
At the core, India must tighten up its security apparatus to prevent
Pathankot like attacks.
Why China did that?
Ensuring Pakistans intelligence services remain on its side is essential, as
Beijing sees it, to containing the threat from across the Karakorum and
blocking Indian efforts to nail Azhar is a very small favour to an important
partner.
Related questions :

The development of the China-Pakistan Economic Corridor (CPEC)

is not necessarily bad for India or the region. Critically comment. (200
Words)

COUNTER TERRORISM DRILLS

Joint exercise in Kunming:

To develop joint operating capability

Share useful experience in counter-terrorism operations

Promote friendly exchanges between two armies

Humanitarian assistance and disaster relief are also high on agenda

(recent Nepal Earthquake - both India and China worked together
Confidence building

Role of China in North East violence?

Centre has admitted officially that the National Socialist Council of
Nagaland (Khaplang) intensified violence in the Northeast in 2015 at the
behest of the Chinese.

DAM ON BRAHMAPUTRA

ZAM Hydropower station commissioned. Other projects like Dagu, Jiacha &
Jiexu in different stages of planning and construction

Bilateral G2G interaction on Brahmaputra is shrouded in Bureaucratic

secrecy, overshadowed with baggage of 1962 war and the ensuing territorial
contestation over Arunachal Pradesh

Track 2 , Track 3 level dialogue process to enable greater people to people

interactions, reducing trust deficit, changing the way Indians and Chinese
talk, think and approach solutions.

Need is to share information, public debate, joint management of River in

sustainable manner

Framework of engagement and dialogue is needed among co-riparian

countries

BCIM cooperation framework can create a enabling environment

South Asia Consortium for Interdisciplinary water resources studies
(SaciWaters) based in Hyderabad has a flagship programme "The
Brahmaputra Dialogue" aiming at multi-stakeholder dialogue fostering transboundary water management.
Consequences of Lack of Dialogue:

Rising tension, Speculation and apprehensions among riparian

countries as well as between provincial governments within India e.g.
Arunachal and Assam
Way Forward:

Holistic river basin management

Trans-boundary joint river basin research

Enable discussion among river basin stakeholders

Formal mechanism between governments

Renewal of 2013 MoU on joint water management which helps India and china
share data on multiple Himalayan rivers for better water management. Sharing
of data during flood period helps emergency management and better planning.

27/04/2016
ChinasLancang-Mekong Cooperation (LMC) initiative

Why in news?
Severe drought has occurred in south east asia and the main reason for
this is rapid construction of dam by China at upstreams. Now Beijing is
trying to legitimatise it by releasing water to drought hit nation in Lower
Mekong river basin i.e. China is touting the utility of its upstream
structures in fighting droughts and floods.

What is it?
CHINAs Lancang -Mekong Cooperation initiative aims to undermine the
efforts of regional Mekong commission and USAs lower Mekong initiative

of ensuring equitable distribution of international riverswaters. It is doing

so by:

Constructing numerous dams on upstream transnational rivers like

Indus, Brahmaputra, Mekong and amur.

Development of high end hydrological engineering unparalleled

across the world

Not joining legally binding Mekong treaty 1995 and keeping its
options open

Controlling Tibet and Xinjiang region from where numerous rivers

originate

Shift of focus from dam saturated national rivers(e.g. -yellow river)

to international ones.(e.g. - recent 4200 MW dam on Mekong)

Why China doing this?

It helps China use such control as political weapon increasing its

influence and bargaining power in SE Asia, ASEAN, South china sea
disputes and border disputes.

Keeps downstream nations(e.g.-Myanmar, Cambodia and Vietnam

etc.) on China's goodwill and mercy furthering China's hegemony in the
region

Prevents collaboration, consensus, compulsory hydrological data

sharing and binding commitments giving license to China to build dams
wherever and whenever they want

Also it prevents and reduces role of USA in water disputes of the

region tilting scales in China's favour

What is Mekong River Commission?

The Mekong River Commission (MRC) is an intergovernmental body

concerned with the Mekong River basin and charged to promote and
co-ordinate sustainable management and development of water and
related resources for the countries mutual benefit and the peoples

well-being by implementing strategic programmes and activities and

providing scientific information and policy advice.

But China has spurned it over the years. China is only dialogue
partner and not member of it whish shows its intention to take part in
discussions but not to take on any legal obligations.

Chinas refusal to join the 1995 Mekong treaty, which created the
commission, has stunted the development of an inclusive, rules-based
basin community to deal with water- and environment-related
challenges.

CHINAS WEST ASIA POLICY

Good Read http://www.thehindu.com/todays-paper/tp-opinion/chinas-long-gamein-west-asia/article8164759.ece

INDIA EGYPT
Overview

India-Egypt signed a Maritime Transport Agreement

The Maritime Transport Agreement will strengthen cooperation
between both countries.
It will also provide sustained mutual assistance and advice on
merchant shipping and other related maritime matters.
Why this is important?
o
Egypt controls Suez Canal and thus most of India's trade with
EU comes under Egypt's domain
o
Increased pirates activity around Somalian coast and
consequent need of collaboration

INDIA FRANCE
Overview
Recent Deals :

Intergovernmental agreement for the purchase of Rafale fighter jets,

nuclear reactors, French railway locomotives

A major commitment to counterterror cooperation.

French industrial major Alstom to make 800 high horse power

locomotives in India. The locomotives are expected to be made in the
electric locomotives factory in Madhepura, Bihar.

The Indian Space Research Organisation and its French counterpart

CNES (National Centre for Space Studies) agreed to work together in
the next Mars mission, as well as a satellite launch and a thermal
infrared observation mission

Background
:
Indo-French partnership goes a long way back. The following are some
instances, which make this bilateral relationship a special one:
1.

France was one of the first nations to help India diversify her
defense sector. Even today, France is at the forefront of helping India
build a blue navy. Case in point, the Scorpene class submarines;
2.
France was the only western country to support India's defense,
space and nuclear programmes when it was alienated internationally in
1970s for carrying out nuclear tests.
3.
France actively lobbied within the UNSC for dilution of sanctions
which were imposed on following the 1998 nuclear tests.
4.
Internationally, the two countries have collaborated diplomatically
on a variety of issues. E.g. India voted in favor of the UN resolution
calling for French intervention in Mali.
The vast potential of the mutually beneficial Indo-French relations can be
gauged from the following instances of tentative cooperation between the
two:
1.
2.
3.
4.
5.

6.

Nuclear cooperation - both civil and military. (Jaitapur Power Plant)

Develop defense sector ecosystem in India by investing in skills and
capacity building.
Regional cooperation especially in the Indian Ocean, West Asia and
North Africa where both have geostrategic interests.
Climate change.
French companies considered to be world leaders in smart cities
(SCs) technology are assisting the Indian Government crystallize the
Smart Cities Initiative. E.g. development of Pondicherry and Chandigarh
as SCs.
India-France trade hovers around $8 billion, which amounts to half of
Indias trade with the U.K. or Germany (27/01/2016)

INDIA GERMANY
Germany is a natural ally of India. It has surplus capital, modern
technology and a demographic deficit. India has a deficit of finance and
technology but surplus human capital.
A strong Germany in Europe, like a strong India in Asia, will facilitate a
more balanced global dispersal of power and prevent the return of
hegemony.

English Speaking Indians -> get quite along with contemporary

Germany.
India-Germany collaborating together in G4 -> Signals readiness of
Germany to deal with India as an equal
Germany is India's Sixth Largest trading partner. Largest trading
partner in EU.
Germany announced 1 billion Euro towards solar energy and a like
sum for clean energy.

Post WW2 Germany choose to shy away from geo-politics (like Japan) and
focused on strengthening Geo-economic power. Germany (and Japan)
have tried to leverage their geo-economic power to recover geo-political
influence in their vicinity. India is pursuing a more aggressive
developmental agenda, giving greater importance to geo-economic over
geo-politics. By assisting India in its immediate goals, Germany and Japan
have the opportunity to bolster their own rise in geo-political terms.
Germany can help in finalizing India-EU FTA
13/04/2016
Signed an agreement on Ganga Rejuvenation
Cultural ties:
Germany to teach hindi and sanskrit
India to teach german
India

to provide :
Strong IP protection regulations
Fast-track approvals and clearances for industry and infrastructure
No retrospective taxation
Exclusive special window in DIPP for Germany

Issue:

Restrictions on the marketing of generic medicines

Agreed on Climate and renewable energy alliance:

Comprehensive partnership to harness technology, innovation and

finance in order to make affordable, clean and renewable energy
accessible to all and to foster climate change mitigation efforts in both
countries with long-term vision

Assistance of over 1 billion Euros for India's Green Energy Corridor

and a new assistance package of over 1 billion Euros for solar projects
in India

3 million Euros for developing the Ganga region

German Indologist, Max Muller, has been a important contributor to the

western appreciation of Indian Culture & History. Vivekananda met Muller
in 1896.
Merkels india visit
3rd Inter-Governmental Consultation held
INDIA GHANA

India imports gold from Ghana (80% of bilateral trade)

India is the largest foreign investor in Ghana
Strong and prosperous Indian-origin community in Ghana
Recent President visit:
o
Talks on Visa relaxation
o
Ghana wants Indian help in reducing dependence on
conventional energy and thus a Join Commission on Civil Nuclear
Cooperation was setup.

INDIA IRAN
Relations

Why India-Iran relations are mutually beneficial?

1.
Energy:
o
India can decrease the dependence on Saudi for oil especially
in the light of slumping oil prices and Iran oil is comparatively
cheap
o
Iran has the worlds second-largest reserves of natural gas,
yet it is not a major exporter.
o
Iran has several challenges to overcome before it can become
an energy supplier to Europe and Asia. Iran's energy infrastructure
long neglected as a result of Western sanctions requires major
upgrades to make it capable of sustained energy exports.
o
This will require massive foreign investment and India can
tremendously help here.
2.
Chabahar port:
o
Read Chabahar Port
3.
Role in Afghanistan:
o
Iran-Afghan railway link:

India is currently involved in constructing a 560 mile

long railway line linking theIranian port with the iron ore mines in
Hajigak in southern Afghanistan.
o
The railway link when completed will potentially afford India
some strategic benefits including

Increasing Indias position and leverage in Afghanistan

and the central Asian region. This affords India an easier
connection to Afghanistan after avoiding Pakistani blockages.

4.
o

5.
o
o
o
o

6.
o
o
7.
o

8.
o

Apart from the impact on security and regional politics

this more importantly implies that Indian companies will have
opportunities to start exploration over Afghanistans mineral
wealth which is estimated to be close to $3 trillion. (This alone is
over double the size of Indias economy.)
Both Iran and India share the goal of a stable government in
Kabul free of the Talibans influence and not revert to the Talibancontrolled Pakistani client state that it was in the 1990s. To that end,
India and Iran must engage each other to strengthen the hand of
the government in Kabul.
Industries:
Iran believes that India fulfils a substantial part of Irans
needs. For example, India is very capable in steel, in aluminium, in
mines and metals, railroads, software, IT, technology and so on.
There is a lot of demand in these sectors in Iran.
One of the biggest advantages in recent times is that Indians
are offering a credit line to the Iranians. Thats a very substantial
element in the hands of the Indians to offer for different projects to
Iranians and this credit, which is in rupees, is beneficial to Indians.
According to the financial structure, Indian companies will benefit
from it, the rupee will benefit from it.
Geopolitical:
Iran would act as a gateway to Central Asia
After removal of sanctions the significance of Iran
geopolitically has increased.
Central Asia is going to be thescene of renewed great power
rivalry, and India must act, not as a mere spectator, but as a leading
player.
Notwithstanding Irans growing bonhomie with Pakistan and
China, India must stay in close contact with Iran and consciously
and consistently pursue good diplomatic and economic relations
with it.
Terrorism:
Globally, New Delhi and Tehran are on the same page in their
opposition towards groups like al-Qaeda and the Islamic State.
Increasing hold of ISIS is a threat to Iran and with India
effective efforts against terrorism India can be a attractive partner
Culture:
India has the 2nd largest population of Shias in the world after
Iran some of whom probably also have ancestral ties to Iran. This
ties back to a complex political situation in India. Religion and
national allegiances play a large part in Indian politics and this is
magnified with the upcoming elections.
Other projects:
India has been vigorously pursuing theIranPakistanIndia
(IPI) gas pipelineproject for the last decade. The operation of the IPI
project would be reinforced by the trilateral Framework
Agreement, in which the three governments would be committed
to the provisions of the Energy Charter Treaty

o
o
o

With the Iran-Pakistan-India (IPI) pipeline still stuck and

theTurkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline yet to
take off, India is very keen to kick-start an undersea pipeline project
that would bring Iranian gas to India via the Arabian Sea bypassing
Pakistan.
This is a great opportunity for India to transport natural gas
from Iran to Porbandar port in Gujarat
Zaranj-Delaram Highwayis being built with financial support
from India.
A strategic partnership betweenIndia, Iran and Russiais
intended to establish a multi-modal transport link connecting
Mumbai with St Petersburg, providing Europe and the former Soviet
republics of Central Asia access to Asia and vice versa.
Iran may also provide connectivity to Central Asia and Europe,
viathe International North South Transport Corridor(INSTC),
which isestimatedto be 40 percent shorter and 30 percent less
expensive than trade via the Red Sea-Suez Canal-Mediterranean
route.

Chabahar Port

Where is Chabahar port?

It is located on the Makran coast, Chabahar in southeastern Iran. Its
location lies in the Gulf of Oman. This coast is a relatively underdeveloped
free trade and industrial zone, especially when compared to the sprawling
port of Bandar Abbas further west. Also, it is the only Iranian port with
direct access to the ocean.

Why this port is of interest to India?

India believes the port is critical to its interests and wants to

develop it as a counter to Pakistans Gwadar port which was built with
Chinese assistance

The port will allow India to bypass Pakistan to transport goods to

Afghanistan and Central Asia using a sea-land route

Chabahar Port lies in the Persian Gulf in Iran and will help India in
expanding its maritime commerce in the region

It also provides opportunities to Indian companies to penetrate and

enhance their footprint in the region

It is located 76 nautical miles (less than 150km) west of the

Pakistani port of Gwadar, being developed by China. This makes it ideal
for keeping track of Chinese or Pakistani military activity based out of
Gwadar

The port will cut transport costs/time for Indian goods by a third

From Chabahar, the existing Iranian road network can link up to

Zaranj in Afghanistan, about 883 kms from the port. The ZaranjDelaram road constructed by India in 2009 can give access to

Afghanistans Garland Highway, setting up road access to four major

cities in Afghanistan Herat, Kandahar, Kabul and Mazar-e-Sharif
Trilateral Agreement:

India, Iran and Afghanistan sign three-way land transit agreement

on Irans strategic southern port of Chabahar.

Under the agreement, India will invest up to 500 million dollars in a

deal to develop a strategic port in Iran.

It can spur unhindered flow of commerce throughout the region and

its economic fruits will expand trade, attract investment, build
infrastructure, develop industry and create jobs.

India will get sea-land access route to Afghanistan bypassing

Pakistan which will open opportunities for Indian companies to explore
Afghanistans mineral wealth.
Recently India and Iran signed a memorandum of understanding
to develop Chabahar Port in Iran. Critically discuss the
significance of this MoU for both the countries. (200 Words)
India's perspective:
1.
Geo-strategic -Being located on the convergence of Indian ocean
and Oman sea will help India counter efforts made by China to exert
influence in the region by tying up with Pakistan to operate the Gwadar
port. Chabahar port being in the vicinity will be a vantage point for
India.
2.
Bolster trade and economic ties by gaining access to Afghanistan,
South Asia, Central Asia and West Asia. The trade route reduces India
dependence on Pakistan, a volatile neighbour, for trade with
Afghanistan.
3.
This port will be used by India to ship crude oil and urea which will
cut transport cost and freight time for India to Central Asia and the gulf
by about a third. Proximity to the Strait of Hormuz will boost oil trade.

Benefit to Iran
1.
As India is Iran's largest customer hence the memorandum will help
to increase economic growth and investment.
2.
It will provide regional growth and prosperity by employment
generation and gdp growth.
Due to the significance of the project to both countries, it has to be
implemented
decisively and quickly
IMPACT OF REMOVAL OF SANCTIONS
Background:
Iran had several sanctions imposed on it by USA, UN and other western
world. These sanctions have been removed because of P5+1 negotiations
and after Iran's agreement to reduce its nuclear fuel stockpile in phased
manner.
What is India's response to these sanction removals?

India is keen on taking ties with this extended neighbour to a

higher level.

The removal of sanctions on Iran following the nuclear deal has

ended its isolation, and enabled its return to the economic and
diplomatic mainstream.

The visit is expected to bridge the trust deficit in bilateral

cooperation and boost energy and trade ties while expediting Indias
connectivity plans.
How did these sanctions impacted India-Iran relations?

Bilateral ties took a beating during the sanctions years.

India had voted against Iran at the International Atomic Energy

Agency over its clandestine nuclear programme and, under pressure
from the U.S., slashed oil imports from the country by up to 40 per cent
during the period.
New Delhi had also backed off from a pipeline project that aimed to
bring natural gas from Iran to India through Pakistan.

Why Iran is so important to India?

Till sanctions were imposed on Iran, it was Indias second largest

source of crude oil after Saudi Arabia.

Once the Chabahar port in Iran is developed, it will offer India

alternative access to landlocked Afghanistan, bypassing Pakistan.

Both Iran and India share the goal of a stable government in Kabul
free of the Talibans influence. Globally, New Delhi and Tehran are on
the same page in their opposition towards groups like al-Qaeda and the
Islamic State.

The Iran visit is an opportunity to restore equilibrium in Indias

foreign policy, which, of late, was seen to be skewed towards Israel and
Saudi Arabia.
What India is doing?

The government appears to be trying to reach out to the three poles

of the region.

While it will pursue good ties with the Sunni Gulf for energy supplies,
Iran would act as a gateway to Central Asia besides enhancing Indias
energy security.

Israel remains one of Indias top defence and technology suppliers.

The success of this policy depends on New Delhis capacity to do the

balancing act.
MISTAKES MADE BY INDIA

What are the mistakes made by India in it bilateral relations with

Iran?
1.
India surrendered to US sanctions and reduced oil imports from
Iran.
2.
India viewed India-Iran relation mainly from a buyer-sellers
perspective ignoring strategic importance of Iran
3.
India delayed its negotiation over Chabahar port due to its low
return-on-investment economically ignoring its long term strategic
benefits.
IRAN NUCLEAR DEAL: IMPACT

Do you think the recentnuclear deal between Iran and world

powers will encourage Arab nations to pursue nuclear ambitions?
Should India be worried? Examine. (200 Words)
The Deal:

The deal allows Iran to engage in nuclear activities for peaceful and
constructive purposes like addressing its energy needs.
Done between Iran and p5+1 (USA, UK, China, France and Russia +
Germany)

Impact on Arabs:

Due to sectarian riots and rivalry, situation is already volatile.

Iraq and Saudi Arabia are arch rival due to Shia-Sunni conflict

Saudi Arabia has openly opposed the deal

Downturn in oil economy has led to further unrest in region

This deal at such time is seen as a threat to themselves by Sunni

nations (Saudi Arabia, UAE, Egypt etc.)

Thus it may lead to proliferation of nuclear weapons via Pakistan to

these nations further endangering global peace.
Impact on India:

India need all Arab nations. So a fine balancing act is needed

It has trade and cultural relations with most of the nations of the
region and imports crude oil from Saudi Arabia as well as Iran.

A large number of Indians work in the Gulf countries.

At the same time, India which is on the target of Islamist terrorism

will also have to make sure that nuclear weapons dont reach them.
INDIA IRELAND
PM visit after 59 years
INDIA ISRAEL
Overview

India is Israel's biggest purchaser of its Defence equipment and

both countries regard each other as natural allies. Do you think
Israel qualifies as India's natural ally in the region? Critically
discuss. (200
Words)
Starting from 1991 with the break-up of Soviet Union and end of Cold War, IndoIsrael
relations
have
improved
substantially.
1.

Defence sector has been guiding light in the development of relations.

2.

From Buyer-Seller relationship, today India and Israel are moving towards
Joint production of defense equipment, which dove tails well into India's 'Make
in India' initiative and attaining strategic independence in defense
equipment.

3.

Relations are diversified to also include agriculture, Nano-technology,

space
research
and
a
understanding
on
counter-terrorism.

The above reasons and huge good will that India generates among Israeli
population
makes
one
to
call
them
'Natural
Allies'.
But India should continue its Multi-vectored approach towards its diplomacy and
build multiple alliances and resist the temptation to call Israel as its natural ally
because
of
the
following
reasons.
1.

Iran, the Israel's natural enemy is the only possible land route to India to
reach the resource rich Central Asia in case the situation in Afghanistan goes
against
Indian
interests.

2.

Presence of huge Muslim population in India requires it to maintain good

relations
with
Arab
world,
which
opposes
Israel.

3.

India needs the help of Saudi Arabia as much as Israel to counter

terrorism.

4.

Human right violations of Israel in Gaza and west Bank might become a
head ache for India, which is so far a principled supporter of Palestine cause.

So for the above reasons, India's national interest is better served by building
multiple
alliances and leverages than proclaiming Israel as its natural ally.

Do you think India's increasing proximity to Israel is in its self

interest in the region? Critically comment. (200 Words)
From the early 1990s, there has been a gradual shift in our stand on the
Palestine
issue. From being a vocal supporter of Palestine & a critic of Israel in the pre1990
era, we have become one of the major partners of Israel today.
Over the years, trust in the Indo-Israel relations have significantly
increased. Israel
supplied important arms to us during the Kargil War in 1999. Today, it is our
major
defence partner. We also enjoy extensive relations in agriculture, biotechnology,
space etc.
Israel's knowledge and technology related to ports, desalination plants,
agriculture, irrigation, pharmaceuticals can be helpful to India. Intelligence,
counter terrorism: Israel has one of the best intelligence system in the world.
Sharing of such information would lead to much safe and secure India. Thus it
will help in counter terrorism in India.
At the same time, if not handled deftly, our burgeoning relationship with Israel
may
be construed negatively by the Islamic nations. Our economy is heavily
dependent on
the oil & petroleum from the Islamic nations of west Asia. Millions of Indians
work

and send back billions of dollars to India as remittances. We have a lot of

goodwill among these Islamic nations generated over the decades, which was
visible during Operation Raahat evacuation of Indians from Yemen.
In light of this, the recent decision to abstain from voting on a UNHRC decision on
Israel may not have any immediate impact. But, such decisions if repeated in the
long run may affect our relationship with Islamic nations for the adverse.
Also, with China increasing its presence in west Asia, it is imperative that we
maintain our goodwill.
Middle East politics and diplomacy is no longer Israel-Palestine centric ( it is
becoming sectarian in nature with new emerging fissures and issues).
So India needs to be keep all these factors in mind while formulating a coherent
policy
Another reason for this seemingly shift is govt intension of closer ties with USA
and
our belief that road to Washington is through Tel Aviv.
Iran and Israel are enemies. Iran is crucial for connectivity to Central Asia and
the
game going on in Afghanistan. So, it may hamper relations with Iran.
This can damage India's image as non-aligned country and country who always
stood
along weak countries for their just demand because earlier India voted for probe
against Israel for human right violation in Palestine now when matter came to
transfer case to ICC India abstained by saying that It is not signatory to ICC. But
India has voted twice in past against Syria to transfer case to ICC.
UNSC member: If India wishes to be a permanent member of the UNSC , it needs
to have consistent stand against human rights violations. Such stand may impact
its support among various countries for permanent member of UNSC.
There are many benefits of deepening ties with Israel, but diplomacy with
surrounding nations have to be handled very carefully. The wide criticism that
India has received clearly suggests that this increasing proximity with Israel is
not in India's self-interests especially when India itself is fighting the inhuman
practices of terrorism and insurgency.
Palestine

President's Visit:

India's economic and political support for Palestinian

Announced projects for capacity building in Gaza and West Bank
Provided budgetary support ($5mn)
India's position is that it supports a peaceful solution to IsraelPalestinian crisis based on negotiations and UNSC resolutions. India
would continue to support resolution on the formation of a Palestinian
state based on the 1967 border at UN.

Supports a sovereign, independent, viable and united Palestine,

with East Jerusalem as its capital and recognised borders
India announced:
o
Projects for capacity building in Gaza and West Bank
o
$5 million budgetary support

India has recently abstained from voting on a resolution on Palestine

adopted at UNHRC that called for accountability by parties involved in last
year's conflict in Gaza.
India has played a "proactive role" in garnering support for Palestine cause
in all multinational forums.
India and Palestine have signed an agreement for setting up of a techno
park in Ramallah with an Indian grant of $12 million

Critically examine the role of India, along with Israel, in ending

the occupation, colonisation and dispersement and help bring
peace back to Palestine. (200 Words)
India's role in the Israel-Palestine conflict has evolved from being a vocal
supporter of Palestine to having strong ties with Israel. During the preindependence era, India immersed in the anti-colonial struggle refused to
accept the Israeli Zionist viewpoint that Palestine was a land without
people.
Our position was led by Gandhiji and Nehru. India opposed the occupation
of Palestine by Israel, US and UK. This position of unwavering support the
Palestine cause and opposition to Israel existed for about 4 decades, as
we continued to be non-aligned in the global order. Through this stand,
though we could not achieve much at the ground level.
It was in the early 1990s that a gradual shift in our stand became
apparent. Our ties with Israel, especially in the military sector really
blossomed. Though our official stand on Palestine did not change and we
still continue to provide moral support, yet we no longer are as vocal in
our support to Palestine as in the past.
This has been reflected on our silence on the growing colonisation of
Palestine lands by the Israeli government. The global war on terror post2001 has not helped the cause of Palestine either.
To bring back peace to Palestine, a unified international solidarity
campaign is the most effective way to reach a comprehensive solution.
India should be a part of a multinational engagement in bringing peace
back to Palestine. With India holding 'Peace' as its foreign policy plank,

there is a need to play proactive role in areas of negotiations, contributing

to peace keeping forces, funds for rehabilitation, gathering
support for Palestinian freedom, simultaneous Independent Israel policy,
bringing
different groups for talks through multilateralism
How has recent election outcome in Israel altered the possibility
of granting independent statehood to Palestine? Also examine if
there is any change in Indias policy towards Palestine in recent
months. (200 Words)
In 2012, the United Nations approved the de facto recognition of a
Palestinian state - there were 138 votes in favour, nine against and 41
abstentions. US President re-stated US support for Palestinian statehood,
also. But, relations between Tel Aviv and Washington are at a low point
after Netanyahu addressed Congress earlier this month on negotiations
with
Iran.
Palestinian statehood is currently in failed condition, because:
1.
It is hard to see how a viable two-state solution is possible
2.
Publics strong support for Netanyahu was a response to the reality
of Palestinian violence and extremism
3.
Israeli voters paid attention to the reality around them and voted
accordingly
4.
Existence of ISIS is getting more attention than Palestine, unless ISIS
is control violence and extremism in region will not constraint, and
dialogue for granting statehood needs peace.

Indias Stand of Palestine:

1.
India has always favoured humanitarian situation in Gaza, and tried
to come harsher on Israel.
2.
India's ties with Israel in Defence and Energy sector are more vital
than Palestine, but India has set up a mission in Palestine and
supported its bid to statehood in UN.
3.
Iran deal and reaction from Israel is vital to India's position in Middle
East.
Thus, question of Palestine statehood is complex, Israel must not adhere
to further violence in Gaza, Hamas must constrain all sort of extremism,
and UN must solve matter quickly and peacefully taking all stakeholders
into considerations.
INDIA ITALY
ITALIAN MARINE CASE

Case involved killing of two Indian fishermen off Kochi in February 2012 by
two Italian marines. Marines shot the fishermen considering them as
pirates. The incident had also resulted in a long festering bilateral dispute
that had soured relations between India and Italy since 2012.
Italy's stand:
The Italian position is that the two marines positioned on board a
merchant tanker had opened fire to thwart what they perceived as a
pirate attack 20.5 nautical miles off Kochi.

It is further argued that the death of the two Indian fishermen

occurred in the course of the discharge of their operational duties, and
hence functional immunity could be invoked as related to the military
personnel of any nation.

And that even if charges of death by accident were to be prosecuted

against the marines, this would have to be done within the ambit of
Italian law and jurisdiction as harmonised with the UN Law of the Sea
[UN Convention on the Law of the Sea (UNCLOS)].
Indias stand:
India had asserted its sovereignty and sought to claim its sole jurisdiction
in prosecuting the marines in a special court.
United Nations Arbitration Tribunals latest verdict:
With the International Tribunal for the Law of the Sea (ITLOS) rejecting its
plea, Italy had approached the UN tribunal to take such measures as are
necessary to relax the bail conditions on Italian marine in order to enable
him to return to Italy, under the responsibility of the Italian authorities,
pending the final determination of the Annex VII Tribunal.

The tribunal has accepted the Italian plea and allowed the marine in India
to return, but the wording is significant. It notes: Italy and India shall
cooperate, including in proceedings before the Supreme Court of India, to
achieve a relaxation of the bail conditions of Sergeant Girone so as to give
effect to the concept of considerations of humanity, so that Sergeant
Girone, while remaining under the authority of the Supreme Court of India,
may return to Italy during the present Annex VII arbitration.
Differing interpretations:
Indias view: The Indian government has interpreted this decision as
affirming the authority of the Supreme Court of India in the matter.
Italys view: Italy sees the tribunals order as a vindication of Italys
position. It argues that the order had paved the way for Italian Marine to
return home until the arbitration process is over.
So the impasse continues.
It is solved now as SC allows Marine to go home with some conditions.
Decision was taken on humanitarian grounds as International Tribunal
verdict is likely to come only in 2018. This verdict will decide whether
India has any jurisdiction over the marine or not.
INDIA JAPAN
OVERVIEW

Japan and India shares cordial relations since long

Japan is one of the closest and most reliable trading partners of
India
Both countries bilateral ties were elevated to status of special
strategic and global partnership during Prime Minister Narendra Modi
visit to Japan in 2014
Democracy is the binding glue
Both see China as potential rival
Both has USA as their common friend
Huge investment coming to India from Japan
Japan participating in India's infrastructure projects like Metro
projects, Dedicated Freight corridor, High Speed Trains etc.
The CEPA between both countries is one of the most comprehensive
agreements concluded by India and it had come into force in August,
2011
The bilateral trade between India and Japan pre-CEPA in 2010 was
$10.4 billion and currently in 2016 stands at $14.5 billion.
However, Indias trade deficit with Japan increasing from $3.1 billion
before the CEPA was inked in 2011 to $5.2 billion thereafter.
Trade negotiations:
o
India wants Japan to lift its ban on India's agriculture produce
due to pesticides etc.
o
India wants better access for its service professionals
o
India seeks greater access to its Pharma companies in Japan

INDIA JAPAN USA

Critically comment if the "strategic diamond" initiative of four

maritime democracies that was mooted by Japan is in the interest
of India's geopolitical ambitions beyond the Indian Ocean region.
(200 Words)
Strategic Diamond Initiative, a maritime cooperation between Japan,
USA, India and
Australia, is an idea mooted by Japan to contain China's growing
influence in the West Pacific region. India can gain from such a
cooperation but not without significant backlash from China.
Benefits:
1.
India can extend its regional and maritime footprint beyond Indian
Ocean, to become a global power.
2.
India has interests in the South China Sea (Vietnam oil blocks) which
are currently disputed by China and other SE Asian Nations. Strategic
diamond can provide a platform to engage with China about these
disputes.
3.
It can act as a counter to growing Chinese influence in the Indian
Ocean Region.
4.
Prospects of improving Indian maritime capabilities by engaging
with superior technologies of USA, Japan and Australia.
5.
Sea Line of Communication: With 35% world trade in oil from st of
malacca and our related interest in the same, its protection is sina qua
non.
6.
Diplomatic Importance: With these 3 countries India has huge stake
in terms of trade in energy (Australia: coal and uranium),
industries(USA:
pharma
and
other
exports),
infrastructure
projects(Japan: funding for trade corridors eg DFC). So further
engagement will strengthen the relationship even more.
7.
Disaster Response: Region is frequented my tropical cyclones,
concerted effort will be crucial for protection of life and property.
Drawbacks:
1.
China will aggressively condemn such a cooperation. It has already
expressed reservation to Strategic Diamond, due to which Australia has
pulled back.
2.
Can heighten the already intense border disputed between India
and China
3.
China may increase cooperation with Pakistan, thus putting our
regional security at stake.
4.
China can project this as India's expansionist and confrontation
attitude and influence SE Asian nations against India.
Rebalancing Policy: There must be restrained to any passionate and
aggressive campaign against China. The approach must be with larger
objective of maintaining peace with gradual participation of China in near

future. Thus such multilateral engagements should be potentially used to

pursue our national interest and must be added with clarification that
India will not engage in any peace destroying engagements .
RAILWAY

$ 15 bn soft loan to finance India's first bullet train between Ahmedabad

and Mumbai

There are many players who want to offer high-speed technology but only
Japan is offering both funding and technology.

However Japan has linked funding to use of their technology - India has to
buy 30% of equipment's including coaches and locomotives from Japanese
firms.

INDO JAPAN NUCLEAR PACT

09/04/2016
Despite recent strengthening of relations between India and
Japan, there is a delay in signinga civil nuclear cooperation
agreement between them. Examine the concerns of Japan in
signing this agreement and its importance for India. (200 Words)
Though Japan has given in principle nod to conclude civil nuclear
agreement with India, still there are many roadblocks in final signing of
the treaty.
Concerns raised by Japan are as follows:
1.
Since India has not signedNuclear Non-Proliferation treaty (NPT)and
it was the first country to test nuclear explosions after
institutionalisation of NPT, a large sections is wary of nuclear trade with
India.
2.
Japan has been avictim of nuclear hazardstwice in the history and it
has created an opinion among large sections to completely stop
nuclear trade.
3.
Nullification clause: Japan wants the clause which will allow Japan to
stop Nuclear Cooperation with India if the latter conducts nuclear test.

Though India has unilaterally imposed moratorium on nuclear testing in

2008 but Japan is not satisfied with it.
4.
Japan wantsIAEA inspectionof Indias nuclear facilities.
Importance of nuclear agreement for India.
1.
Share of nuclear energy is on a continuous rise in Indias overall
energy basket and international cooperation is key to achieving the
ambitiousINDC target of 40% non coal energy by 2030.
2.
Huge implications for overallstrategic partnership with Japan.
3.
It will help India as abargaining powerwhile dealing with other
countries. Eg: Australia
4.
It will virtually make NPT insignificant for India, and Indias attempts
for entry intoNuclear Suppliers Group NSGwill get a new push.
Japanese technology cannot be accessed lest Indo Japan contract is
signed and Indo Japan contract would be a symbol of strengthening
cooperation in midst of increasing Chinese interference in South Asia,
hence it is important.
INDIA JORDAN

President visited Jordan in October, 2015

India is largest importer of Jordanian phosphate
Presently around 20 Indian companies are operating in Jordan with
$300 mn investment
Current trade - $2bn (plan to increase it to $5bn)
Joint ventured fertilizer plant inaugurated (IFFCO owns 53%)
Jordan backs India's bid for UNSC
India offered $100 mn of credit line to enhance trade & investment
relation between two countries

INDIA KENYA

India and Kenya have signed seven agreements to deepen and

expand cooperation. Important MoUs are:
o
MoU on Defence Cooperation
o
MoU in the field of space Technology partnership
o
Revised Double Taxation Avoidance Agreement (DTAA)
o
Bilateral agreement on exemption of Visa for holders of
Diplomatic passports
o
Line of Credit (LoC) Agreement for US $29.95 million to
Kenyan Government
India will finance a cancer hospital in Kenya.
India will donate medicines for AIDS patients in Kenya
India would provide concessional credit of 60 million dollars for
power transmission project to Kenya
MoU between India and Kenya on cooperation in the field of National
Housing Policy Development and Management (NHPDM)
o
Both sides will collaborate on all matters relating to human
settlements and housing through various strategies including

training of personnel, exchange visits, exhibitions, conferences and

workshops
o
The cooperation between both nations will focus on upscaling
slum prevention and upgradation initiatives based on experience
and implementation process of each country
INDIA MANGOLIA
Relations

Critically examine the nature of relationship between India and

Mongolia. Do you think Mongolia can become India's strategic
partner to counter China's influence in its neighbourhood?
Comment. (200 Words)
India established diplomatic relations with magnolia in 1955. India was the
first country outside the Soviet block to establish diplomatic relations with
Mongolia.
1.
Economic front: bilateral trade though has increased manifold since
2000 but still remains much below potential; our economic presence in
Mongolia is restricted to provision of soft loans or financial aid for
infrastructure development.
2.
Culture and philosophy - The root of buddhism binds the two
countries culturally.
3.
Natural resources Mongolia has rich uranium resources. Both the
countries have inked agreement for peaceful use of nuclear power.
Jindal steel is involved in mineral exploitation in Mongolia. But critical
infrastructure problem in Mongolia comes as a hindrance in trading
relation between the two countries.
4.
Defence - Nomadic elephant -It is a joint military exercise between
India and mongolia. Chinas presence in the neighbourhood of both
india and Mongolia will affect defence cooperation. Under framework of
defense agreement (signed in 2001), Mongolian military officers are
trained in Indian institutes
5.
Renewable energy - Due to lack of technology; mongoliya derives its
energy from coal mainly leading to serious environmental and health
problems. India can help Mongolia in utilizing solar energy or other
renewable energy sources through technology aid.
6.
Mutual support - Mongolia stood with India in case of UN resolution
supporting Bangladesh as an independent state ignoring its neighbour
Pakistan. Mongolia support India for permanent seat in UN security
council.
7.
soft power: projected by India through establishment of institutes
namely Atal Bihari Vajpayee Centre for excellence in ICT and Rajiv
Gandhi college for production & art in Mongolia; presently both
institutes require modernization to cater to Mongolian youth.
8.
Democracy - Mongolia has transformed herself for a better
democracy through ages. It has joined many peace initiatives with UN.
Challenges

1.

The growing relationship between china and Russia, and Mongolia as

a buffer zone between them creates challenges to India.
2.
The land locked position of Mongolia lessens the more independent
and strategic relationship between India and Mongolia. Being a land
locked country Mongolia relies heavily on China for trade & commerce;
particularly regarding mineral resource exploitation in which Chinese
companies have nearly monopolistic access; making Mongolians wary;
giving rise to Sino phobia in Mongolia
The third neighbour policy of Mongolia Mongolia has been making efforts
to
establish relations with western and eastern powers through its third
neighbour
policy.
INDIA MALDIVES

Facts about Maldives:

100% literacy

Decent Health-care system

Highest per-capita GDP in South Asia

Developed Tourism sector

It is a coral island

Important because of its strategic location in Indian Ocean

Recent problems in Maldives:

Drug menace among youths

Growing radicalization of youth

o
A/C to one estimate- 200 Maldivian youth travelled to Syria to
join IS
o
Presents threat for India

Cases of Human rights violations

Historical context of bilateral Issues:

India Being the close neighbour of maldives was the first country to
recognise maldives in 1965 soon after its independence from Britain.

GMR contract cancelation

President Nasheed's ouster

Indian Army's 'Operation Cactus' foiled a coup in Maldives that

was attempted by a pro-Eelam group in 1988. India maintains a naval
presence in Maldives, at the request of the Maldives, since 2009.

India dispatched water aid to the Maldivian capital of Male, after

a fire destroyed the generator of its biggest water treatment plant.
Change of stance:

Cancellation of PM visit

Earlier strong statements against Maldives handling of Nasheed trial

and government's growing closeness with China
But now -> India made no comment on a ruling by the UN tribunal,
Working Group on Arbitrary Detention, that Nasheed trial was
"unlawful"
India has also refused to respond to Nasheed's call for intervention
in Maldives

Why Change in stance:

Because India's attitude was perceived as intervention in internal

matters by Maldives government and new government is more China
pro than India. Increased China influence will be a big strategic loss to
India and hence India has decided to stay silent on Maldives internal
matters.
Recent bilateral developments:
1.
Defence pact: to train Maldivian defence personnel and supply
critical equipment
2.
CMAG:Indias support to Maldives in the CMAG (Commonwealth
Ministerial Action Group) deliberations regarding democracy in
Maldives has acted as a confidence building measure.
3.
Humanitarian relief:Indias prompt help to Maldives in 2014 after
water crisis emerged there is well appreciated in Maldives.
4.
Infrastructural development:India has made high investment in
Infrastructure development in Maldives.
5.
Mutual Legal Assistance Treaty (MLAT):agreement for cooperation
on terrorism, transnational crime and criminal matters.
6.
Coastal radar system
7.
MoU for cooperation in field of tourism
Significance of these developments:
1.
Defence Pact is important as it will help bringing down increasing
Chinese influence in Maldives.
2.
Indias relations with Maldives have been at all time low since the
cancellation of GMR Airport contract and Ouster of former president
Mohammad Nasheed, thus recent developments will help in bringing
back the relations to normal.
3.
Indias stand in CMAG will help Maldives to solve its own problems
and it will remove apprehensions in the minds of Maldives regarding
Indias apprehensions as it has always openly supported former
president.
4.
Cooperation between both countries will be win-win situation for
both as Maldives occupies an important place in Indias security
architecture and Maldives need Indias assistance in its development
and stability.
Pending Issues:

Maldives had recently ratified china's ownership to one of its island

which is a cause of great concern in the Indian ocean region.

India being one of the biggest democratic country had kept silent on
Nasheed's issue where in her was more pro Indian.
High rates of Maldivian citizens recently joining ISIS is a cause of
concern which can destabilize Indian security concerns.

Maldives is the smallest country of South Asia. But its significance is no

less because of its crucial geostrategic location in the Indian Ocean. It sits
astride on major sea lanes of communications (SLOCs). So close
cooperation with Maldives is in Indias interest
Source:

http://mea.gov.in/Portal/ForeignRelation/Maldives_December_2014.p
df

http://www.idsa.in/book/multi-party-democracy-in-the-maldives-andthe-emerging-security-environment
Maldives political crisis

Context:

First democratically elected leader of Maldives (Nasheed) was forced

out of office in coup.

He is now in UK as a political refugee and is preparing a front

(shadow government) of opposition parties against current President
Yameen
Concern for India:

This shadow government wants India's recognition.

India already has lost too much for its hard stance in beginning of
this political crisis.

China has taken advantage of India's hard instance and opposition

of new government

After which, India has soften its instance against current

government ignoring its undemocratic nature

So, India faces a dilemma of choosing between

o
its strategic interest of supporting undemocratic current
government or
o
to adhere to its principle of support to democracy and
recognising shadow government
Why India should not support new front?

It would be against the principle of Panchasheel of non-interference

It will worsen our relations with the present government of Maldives

and will most certainly push them towards China
Why India should support new front or find out a solution to
Maldivian crisis?

Stable government in Maldives is desirable for India's

neighbourhood diplomacy.
Being a strong supporter and example of democratic institution, it is
the moral duty of India to guide Maldives to right democratic path
Relations with the former democratic government was better with
respect to the present regime which is tilting towards China.
India is strongly pursuing for a global role (UNSC seat, NSG/MTCR
membership etc.). So, India should show its prowess by resolving this
dispute in its neighbourhood.
ISIS is making inroads in Maldives which would pose real threat to
India's strategic interest

INDIA MAURITIUS
DTAC

Background
The India Mauritius Tax agreement is in force since 1983, Mauritius in the
meantime have been the single largest Foreign investment destination to
India. There are multiple reasons for which various countries and
companies have invested in India through Mauritius. Two of those reasons
are DTAC and minimal tax in Mauritius.
Why and How was DTAC helping Mauritius in becoming a tax
haven?

Thirty three years backGovernment of India negotiated a Double

Taxation Avoidance Agreement (DTAA) with Mauritius.

Under this, tax payers who reside in one country and earn their
income in another would not be taxed twice for the same
income.However, this had, in effect, led to a situation where the
entities concerned would avoid paying taxes in both countries.

Mauritius and other tax havens have almost negligible taxes. This is
encouraging resident Indian entities to route their investments back to
India through Mauritius and avoid paying taxes

At $64billion, it is the largest foreign direct investment source for

India, accounting for 38% of total FDI.

Investors route money into India through Mauritius and use double
tax treaty to prevent India from charging capital gains tax on these
investments.

The result of this arrangement is that from 2000 to 2013, $72 billion
has flowed into India from Mauritius. This represents 38% of cumulative
equity inflows into India over this period.

According to the tax treaty between India and Mauritius,capital

gains can only be taxed in Mauritius, the same treaty exist with 16
other countries.

But with only 3% of capital gains tax, the quality of its service and
regulatory framework, its pool of professionals, geographical proximity,

cultural affinities and long historical ties with India,Mauritius is the

most attractive conduit for investments into India.
Why DTAC has been changed now?
DTAC have been the bone of contention between both the countries for
the
following
reasons:
1.

Limitations on Benefits clause: India wants to incorporate in the

DTAC, it will limit the tax benefits only to the residents of Mauritius and
would
help
India
curb
its
tax
losses.

2.
to
3.

Round Tipping and Black Money: Lots of black money flow back
Indian
economy
via
round
tipping
through
Mauritius

Hot Money: The amendment to the agreement would also help

control the hot money inflow in India

What are the concerns in new DTAC?

The new protocoldoes not discriminatebetween money meant

for bona fideeconomic activity and that which originates from dubious
sources shell companies, foundations and NGOs with security
implications. This issue doesnt have much clarity.

A more likely consequence of this protocol is thatgood investment

will start shrinking and illegitimate investments will thrive.

Itcould hurt short-term foreign investor inflows into Indiaparticularly

from companies whose investment strategies are guided by minimising
taxes.This could pull down markets initially.

Many foreign investors will have to redraw their strategies. The

incentive to route investments through Mauritius will cease to exist
once the new rule kicks-in. This could raise their tax outgo.
INDIA MEXICO

To further strengthen their bilateral ties, India and Mexico have

decided to focus on sectors including renewable energy, telecom and
medical devices.
Areas of cooperation :
1.
Wind Power: Mexico wants to increase its installed wind
power capacity. Because of this Indian firms such as Suzlon Energy
are looking to make big investments in Mexico
2.
Internet Access: Indian companies are interested in Mexicos
telecom sector as the Mexican government is looking to provide
high-speed broadband Internet access even in remote areas
3.
Medical Devices: Mexico is a big market for Indian medical
devices

INDIA MOROCCO

Historical ties e.g. Ibn Battuta who visited India and written
extensively was from Morocco
Diplomatic relation estb. In 1957
Trade volume - 1.2 billion
Phosphates and derivatives
South -South Coordination
India-Morocco jointly launched Chamber of Commerce to boost
trade and accelerate the pace of economic development between two
countries.
It will help India to tap Morocco as the hub for its economic activities
in the resource-rich western Africa region in the globalised world
In recent times, Morocco has emerged as a favoured destination for
investments by Indian firms
India and Morocco also signed five Memorandums of Understanding
(MoUs) covering various fields such as television broadcasting, water
resources, institutional cooperation and educational and cultural
exchanges

INDIA MOZAMBIQUE

Mozambique is oil rich.

PM Visit:

Mr. Modis visit to Mozambique is significant as the country is home

to a bulk of Indias Africa-bound investment

Energy dialogue between two sides has been steadily growing since
the India Africa Forum Summit

In August 2015, both sides had signed a crucial MoU to cooperate in

the new and renewable energy sector

Mozambique is expected to become a major energy exporter like

Nigeria if it can set a proper legal framework to enable foreign firms to
explore oil and gas in the country

India has been a major campaigner to facilitate the pro-energy legal

framework in the country

3 MoUs signed in areas of drug trafficking, pulse trading and sports

INDIA MYANMAR

It is said that the Buddhist chauvinism is now threatening the

democratic process in both Myanmar and Sri Lanka. Critically
analyse the causes and its implications. Also examine if India can
play any role in these countries to address this common issue.
(200
Words)
The causes of Buddhist chauvinism impacting democracy in Myanmar and
Sri Lanka
are ethnic, political and economic

1.

Ethnic-In Myanmar Buddhists are confronting Rohingya Muslims

leading to migration of thousands of Rohingya. Sri Lankan Sinhalese
Buddhists are carrying on their vendetta against the Tamils of the
northern provinces from the 2009 war against the LTTE.
2.
Political-Both Myanmar and Sri Lankan governments are helping
the Buddhists continue their campaign against the respective minority
communities. The Myanmar junta is supporting the Buddhists to
weaken Aung San Suu Kyi's chances of coming to power.
3.
Economic-Buddhists in both Sri Lanka and Myanmar make up the
middle to higher income classes. Thus they are able to continue their
antagonism against Rohingya and Tamil minorities who are poor.
The consequences of Buddhist chauvinism are
1.
Human Rights violations-Rohingya have already been stripped of
citizenship and government laws seek to restrict marriage and child
birth for Rohingya. Sri Lankan Tamils have not been able to rebuild their
lives since the 2009 War despite government help.
2.
Demographic pressure on India- The Buddhists are causing a
spurt in Rohingya migrants who are coming to India via Bangladesh.
Neither Bangladesh nor Myanmar is willing to recognise the Rohingya.
India can play an important role in alleviating this crisis
1.
Myanmar's Rohingya-India can negotiate with Myanmar for
resettlement of Rohingya or seek the intervention of UNHRC.
2.
Sri Lanka's Tamils-India can ask Sri Lanka to bring out an
alternative to the 13th Amendment which will give the Tamil dominated
Northern province more powers.
India had taken a tough stand against Myanmar military junta government
for not adopting democratic form of government. There are around 5500
Rohingya in India under refugee status and are deprived of basic rights
like education health etc. India can assist them by enabling basic
amenities. she can contribute to rescue operations of International
Organisation for Migration(IOM)in Burma as it did in Nepal and Yemen.
India can push for an inclusive constitution in Sri Lanka through bilateral
meetings, Regional groupings and international organisations.
OVERVIEW

India and Myanmar have traditionally had much in common, with cultural,
historical, ethnic and religious ties, in addition to sharing a long
geographical land border and maritime boundary in the Bay of Bengal
Why Myanmar is important for India?

Act-East Policy
o
Myanmar is located at the junction of East, SE and South Asia
o
Only ASEAN country that shares border with India. Hence,
gateway to ASEAN
o
Buffer state to China

To tackle insurgency in NE

o
o

A large number of cross-border ethnic groups and insurgents

from Northeast India have military bases in Myanmar
Energy Security
Myanmar has oil and gas reserves
ONGC Videsh and GAIL are actively pursuing these resources
Economic opportunities
Myanmar is opening up to the rest of world. New democratic
government provides lots of avenues for India.
Infrastructure projects
India-Myanmar partner in many infrastructure projects:

BCIM corridor

Sittwe port

Mekong Ganga Initiative

India Myanmar Thailand trilateral highway

Recent steps taken:

India-Myanmar signed 4 MoUs:

1.
MoU on cooperation in the Field of Renewable Energy.
2.
MoU on cooperation in the construction of 69 Bridges
3.
MoU on cooperation in the field of Traditional Systems of
Medicine.
4.
MoU on cooperation in the construction and upgradation of
the Kalewa Yagyi Road Section.

MoU for designing an academic and professional building

programme for insurance industry of Myanmar

MoU on Cooperation in the field of Power Sector. Under it India has

offered to enhance power supply from Moreh in Manipur to Tamu in
Myanmar

Both countries agreed to cooperate in security and strategic issues.

They also agreed to enhance engagement in several areas including

to develop a mutually beneficial arrangement for trade in pulses.
Source:

http://thediplomat.com/2014/08/the-strategic-importance-ofmyanmar-for-india/
DEMOCRACY IN MYANMAR

Facts:

Myanmar has sworn in Htin Kyaw as the countrys first civilian

President in more than 50 years.

Mr. Htin Kyaws government would be its most democratic

administration since 1962 when the military seized power.

Ms. Suu Kyi's National League for Democracy (NLD) won 77 per
cent of the elected seats in Parliament. She cannot lead the
government because of a constitutional provision that bars her since
her sons are British and not Myanmar citizens.

Background

The National League for Democracy( NLD) won Myanmar's last free
and fair election in 1990 in a landslide, but the result was ignored by
the then ruling military. The NLD boycotted a 2010 poll held under
military rule.

The Union Solidarity and Development Party (USDP), which is

dominated by military and civil servants, will be the NLD's biggest
opponent.

Ms. Suu Kyi's own presidential aspirations are curtailed by a clause

in the constitution that bars individuals with children holding
foreign citizenship from becoming head of state.
Political reforms in Myanmar
A process of reform has been under way in Myanmar since November
2010, when military rule was replaced by a new military-backed civilian
government.

Release of Aung San Suu kyi from house arrest.

The release of political prisoners.

Free and fair by-poll elections in 2012 that saw Aung San Suu Kyi
enter Parliament.

The lifting of censorship on media houses.

Military hold on Parliament

As per 2008 constitution, 25 per cent of the seats in the Upper

and Lower houses of Hluttaw (House of Representatives) will be
nominated by the military.

The all-important Defence and Home portfolios remain with

the Tatmadaw (The Myanmar Armed Forces), regardless of who
comes to power.
Challenges for new government

Economic development
o
Myanmar is one of the poorest nations in Asia. In the years of
isolation under the junta, economic growth stagnated, trapping
millions in acute poverty.

Military interference
o
One-quarter of seats in both Houses of Parliament are
reserved for the military. This prevents any constitutional
amendments without the militarys approval.
o
The military also has direct control of three key Ministries:
defence, home affairs and border affairs.

Ethnic conflict and issue of sovereignty:

o
Myanmar's biggest challenge in the coming years will be to
control, consolidate and protect its borders and its sovereignty.
Moving forward on a comprehensive peace agreement with the
ethnic nations and containing insurgencies will be its primary goal.

Myanmar has
been the site of serious conflicts
between Buddhist and Muslim communities, particularly in
Rakhine State.

INDIA NEPAL
RELATIONS

The relationship between the two countries is bound by history,

geography, economic cooperation, sociocultural ties and people-to-people
relations. As close neighbours, India and Nepal share a unique relationship
of friendship and cooperation characterized by open borders and deeprooted people-to-people contacts of kinship and culture.
Recent Developments:

China opened biggest border trading post based on Nepali's request

in the wake of essential commodities crisis due to blockade on Indian
border by Madhesis

China to supply fuel and essential commodities in wake of Indian

blockade

India had pledged $1 billion of reconstruction aid, of which 40 per

cent was grant and the balance in the form of soft loans. This was in
addition to the $1 billion assistance announced during Mr. Modis visit,
bringing Indias total commitment to $2 billion over the next five
years.

Pokhra-New Delhi direct bus service launched

USD 750 million dollars for post-earthquake reconstruction projects

in Nepal

MoU for Upgradation and Improvement of Road Infrastructure in

Terai Area of Nepal
Nepal PM visit to India
Nepals Prime Minister K.P. Sharma Oli paid his first state visit to India. In
accordance with tradition, Mr. Oli made India his first destination abroad
after becoming Prime Minister in October 2015. India and Nepal signed
seven agreements on issues like housing, health, education, cultural
heritage etc.
Significance of this visit:
In August 2015, Nepal adopted new constitution since then there is
continuous blocked at the indo-Nepal border by Madhesi. Nepal-India
tensions spiked last year with the promulgation of a constitution that was
perceived as
non-inclusive of ethnic Madhesi and Tharu groups.

The Nepal government accused India for imposing the blockade that
led to a severe humanitarian crisis in Nepal. The Nepali government
alleged that the Indian government had encouraged the blockade to
apply leverage on Kathmandu to pursue constitutional reform.

India refuted those allegations, stressing that the border tensions

were caused by the Madhesi parties and were the outcome of

internal protests in Nepal. India also accused Nepal of stoking antiIndia sentiment and has been irritated about Nepals attempt to use
the China card.
Nepal PM visit in such circumstance had provided opportunity to
both sides to minimize misunderstanding. During the visit India
conveyed that Kathmandu should urgently resolve the issue to create a
sense of security and harmony in the Terai region and ensure
uninterrupted commerce.
Peace and stability in Nepal is vital for Indias economic
development and security. Prolonged conflict in Nepal will have
spillover effect especially in Bihar and Uttar Pradesh that share open
border with Nepal.
Anti-India feeling in Nepal may provide opportunity for china to
exploit the volatile situation.

Why Nepal is important for India?

Strategic importance: Nepal is a buffer state between India and

china.

Internal security: Nepal shares a long open border with India.

There is alleged link between Naxalits and Maoist in Nepal.

Socio-economic development of bordering states especially Bihar

and Uttar Pradesh.

To counter terrorist activities close to border areas: Many hard

core terrorists had been apprehended in Nepal close to Indias border.
In your opinion, which country has strategic advantage in
Nepal India or China? Critically examine. (200 Words)
India has a definitive advantage in Nepal compared to China. The kind of
relief work India has done in wake of devastating earthquake and with the
zeal India has responded shows that India really cares about Nepal
wellbeing and it has a strong connect with Nepal. There are many reasons
for this strategic advantage:
1.

Open borders: India has a long open border with Nepal which is
open for the people of both countries without any Visa. This is
emphasized by 1950 Treaty of Peace and Friendship. There are lot of
Nepalese and Indians working in each other countries respectively. On
the other hand China has Himalayas in between the two countries
which act as a natural barrier to any advantage.
2.
Army: Indian army has lot of Nepalese citizens working and there is
a regiment which serves in India but comes from Nepal i.e. Gorkha
rifles. It means much more as hundreds upon thousands of Ghales,
Gurungs, Thapas and Ranas from this region regularly join its ranks
with cheer. These people have fought many wars for India with
courage. Even today, Nepal receives the largest number of training
slots in Indian military institutions. China again lacks this connect with
Nepal.

3.

Culture: Culturally also both the countries connect well and have a
strong bond due to Buddhism. Also there are temples in Nepal which
people from India visit and same stands for Nepal. food habits,
language, religion (Hinduism & Buddhism) join the two countries;
Indian cinema & music is highly popular in Nepal. Matrimony across
border is common feature.
4.
Diplomatic engagements: both India & Nepal have meted out
special treatments to each other; General of each army is honorary
General in other army; max slots are reserved for Nepal in Indian
military training institutions; Nepal has always duly attended to
concerns from India.
Definitely Indo-Nepal relationship is a strong one; however the growing
Sino-Nepal engagements should force India to enhance its efforts to reach
out to Nepal.
Source:

https://www.mea.gov.in/Uploads/PublicationDocs/25009_External_Aff
airs_2014-2015__English_.pdf
NEPALS CHINA TILT

Nepal in recent years has increased its closeness to China. During last
year's constitutional crisis, China has taken advantage of anti-India feeling
among Nepalese government and citizens and has moved close to China.
List of important agreements/MOUs:

The agreement on transit through China where China has agreed

to provide the Tianjin seaport for transit of Nepali goods imported from
third countries.

The proposal on connectivity of Nepal with the Tibet rail

network.

Agreement
on
Economic
and
Technical
support
to
implement Pokhara Regional International Airport Project.

China has agreed to upgrade two road links between Nepal and
Tibet, agreed to extend the Chinese railway to Kathmandu and then to
Lumbini.

China has given its nod to a long-term commercial oil deal.

China has also agreed to build oil storage facilities for Nepal
Should India be afraid of China's closeness with Nepal?
No. Because:
1.
Chinese mainland and ports are 3,000 km away, as compared to
1,000 km to Kolkata. Economically not viable to export via China.
2.
Open Nepal-India border is a prize of shared history to be nurtured
by both countries
3.
In socio-political terms, Kathmandus civil society enjoys a comfort
zone with India that the taciturn Chinese state cannot match

But, India should be cautious because:

1.
The arrival of Qingzang Railway from the Chinese mainland to the
Tibetan plateau in 2006 has been the game changer, and the line has
already been extended to Shigatse town and is ploughing westward
and closer to Nepals border points
2.
The railway makes the transfer of goods from the mainland
economically feasible in a way that had never before been
contemplated
INDIA NETHERLAND
Write a note on the relations between India and Netherlands.
(200 Words)
India and Netherlands have shared cordial relations since Independence.
The relations between the two nations have focused on economic and
commercial aspects instead of a strategic outlook. However, even that has
been changing in the recent past.
1.

2.
3.

4.
5.
6.
7.

8.

Counter Terrorism - India and Netherlands have set up a joint

working group on counter terrorism. This would help the two nations
learn from each other's experience. While India has a long history of
tackling terrorism, Netherlands is a part of the coalition that is fighting
the ISIS.
Trade - Bilateral trade between the two nations was around 6 Billion
Euros in 2014-15. Also, India was the fifth largest investor in the
Netherlands.
Renewable Energy - Netherlands has long experience in
harnessing wind energy. Thus the two nations can collaborate in this
sector as India attempts to increase the contribution of clean energy
for sustainable development.
Strategic Ties - The Netherlands supports a permanent seat for India
at the UN Security Council.
Water management - Netherlands is a country whose significant
area lies below the sea level. Hence, it has faced devastating floods.
India can benefit from that experience to tackle the problem at home.
People to people contact - Netherlands is a popular tourist
destination for Indians. The Indian government is also trying to attract
the Dutch tourists by including Netherlands in the e-visa scheme.
There are particularly lucrative opportunities for Dutch companies in
the following sectors of India's economy: agri-food, logistics (ports,
shipping and inland waterways), technology (the automotive and
defence industries) infrastructure and water management, energy,
health, chemicals and creative industry.
Exports from the Netherlands to India include machinery, optical
equipment, cast iron and steel. The main Dutch imports from India are
mineral fuels, including oil.

9.

The Netherlands and India maintain close relations in the fields

of education
and
science.
For
instance,
there
are exchange programmes with various universities, and Indian and
Dutch scientists conduct joint research. The Dutch government
provides grants to Indian students
10. Stemming from the 17th and 18th centuries when the Dutch East
India Company (VOC) had trading posts in India. The Netherlands seeks
to preserve that heritage, so this is an important area of cultural
cooperation. Besides common cultural heritage, other focuses are the
visual arts, film, new media, music and design
Although relations have flourished after Independence, but it is well below
its potential.
Lack of comprehensive defence collaboration with India combined with
insignificance of Netherlands in South Asian strategic affairs has impeded
a fully-fledged strategic partnership between both nations.
There is huge potential for collaborations given the geopolitical and
economic
necessities of both nations. Engagement of leaders at highest level along
with greater
economic and defence cooperation is the need of the hour to take ties to
new levels
INDIA NEW ZEALAND

How New Zealand can be important for India?

New Zealand has world class technologies in daily industry. India is

collaborating in this field.

Significant number of Indians go to New Zealand for studies and

jobs

Support for NSG and UNSC

Recent Developments:

India and New Zealand signed three agreements in the areas of

double taxation avoidance (DTA), sports and food security to carry
forward the ties between both sides.

Both countries have reached an understanding on further

cooperation on cyber security, counter-terrorism, customs, education
and food safety
New Zealand does not supports India's membership of NSG:
During this visit of New Zealand PM, India failed to get outright support of
New Zealand for its bid for Nuclear Supplier Group (NSG) membership.
India had clearly notified New Zealand that its entry to the NSG was tied
to its need for clean energy and climate change commitments. Thus, it
indicates that New Zealand is yet to change its position of admitting only
signatories of Nuclear Non-Proliferation Treaty (NPT) countries in NSG, a
group of 48 countries which works by consensus.

Why New Zealand does not support Indias bid to NSG?

New Zealand is part of a group called the New Agenda for Coalition
which promotes the NPT and pushes for nuclear disarmament
worldwide.

The official state visit New Zealand PM John Key comes in run-up to
a crucial NSG Consultative Group (CG) meeting to be held in Vienna in
November 2016.

This meeting will specifically consider whether countries that

havent signed on to the NPT can be considered for membership.
Earlier in June 2016, Indias membership bid to NSG had failed to make
headway in Seoul (South Korea) after it was opposed by China and
other countries. New Zealand was also among the countries led by
China that have demanded to set criteria for non-signatories of the NPT
for joining NSG.
What is New Agenda for Coalition (NAC)?
NAC is a geographically dispersed group of middle power countries that
promotes the NPT and pushes for nuclear disarmament worldwide. It
consists of Brazil, Egypt, Ireland, Mexico, New Zealand and South Africa.
The group was officially launched in Dublin (Ireland) in June 1998 in
response to the North-South divide that stymied talks on nuclear
disarmament and non-proliferation within the framework of the NPT.
INDIA NIGERIA

Nigeria is a West African nation

Nigeria is an important trading partner of India. The bilateral trade
between both countries stood at US 12 billion dollars in 2015-16.
Nigeria is Africas biggest oil producer and its major chunk of crude
export is to India.
There are over 100 Indian companies operating in Nigeria mainly in
hydrocarbons, telecom, textiles, electrical equipment, chemicals,
pharmaceuticals, plastics, IT and autos sectors.

INDIA NORTH KOREA

India signalled upgraded ties with North Korea, by sending Minister of

State for Home Kiren Rijiju to participate in an event marking the North
Korean national Independence Day

Indias bilateral ties with North Korea have been frosty for several decades
mainly due to the latters close strategic ties with Pakistan.

rethink is part of a political consensus borne out of the long term interest
of India.

North Korea is estimated to have one of the largest global deposits of

minerals and rare earth metals necessary for Indias IT industry and
electronic majors.

Diplomats are not ruling out the possibility that a dramatic change in
bilateral ties like what the U.S. achieved with Iran and Cuba could possibly
also occur in case of North Korea. There is a rush for strategic resources
in the countries like North Korea that were blockaded and sanctioned
away from global economy. India should be an early bird in North Korea
just in case North Korean economic ties with the world undergo change in
near future,

BBC has announced that it will start a service targeting North Korea in
near future. BBCs move shows that the world is impatient to reach out to
North Korea.

A major factor that inhibited Indias steps towards the North Korean
market in the past was the sensitivity of South Korea towards such a
move.

____

Among the permanent members, France was the closest to the Indian
position, favouring the inclusion of India, Brazil, Japan and Germany (G-4)
and an African representative as permanent members and expansion of
the non-permanent category of members. France even expressed no
objection to the veto power being extended to the new permanent
members. The U.K. supported G-4 as the new permanent members, but
without veto.

India and the G-4 have exhausted all the arguments in favour of
expansion and they have to be more and more inventive in promoting
their proposals. They have already made a compromise on the veto, the
claim to which would be suspended for fifteen years or so.

G-4 has so far maintained a faade of unity, but each of them may be
amenable to bilateral deals if any one of them becomes a liability for the
other three. Germany has already toned down its demand for permanent
membership because of over representation of Europe. This may well be
the motive for France and U.K. also to support G-4.

India Position:
India has upgraded its claim to right and remained the leader of G-4. But
there is a section of opinion that Indias position on the Non-Proliferation
Treaty (NPT) and its border disputes with Pakistan and China might be
impediments to its permanent membership.

The India-U.S. nuclear deal was expected to give de facto recognition to

Indias nuclear status, but its non-NPT status came in the way of its
entering the Nuclear Suppliers Group (NSG) and the Missile Technology
Control Regime (MTCR). No amount of extra effort by India can resolve the
NPT, Pakistan and China issues in a hurry

From <http://www.thehindu.com/opinion/lead/reform-eludes-un-securitycouncil/article7659944.ece>

N KOREAN EVENTS

Nuclear bomb tested 08/02/2016

Long distance Missile launched

INDIA OMAN

India and Oman signed MoUs on:

(1). MoU on Defence Cooperation
(2). MoU in the field of Marine Crime prevention at Sea
(3). MoU on maritime issues
(4). Protocol on flight safety information exchange

INDIA PACIFIC ISLANDS

PAPUA NEW GUINEA

29/04/2016
PM visited Papua New Guinea.

India's focus on Pacific Islands as a counter to China's focus on

Mauritius, Sri Lanka and other Indian Ocean islands.
India is ready to cooperate with Pacific Island countries in protecting
their Exclusive Economic Zones
PM made a pointed reference to Papua New Guineas natural
resources and said there were many opportunities waiting to be seized
as both countries had prioritised sustainable use of ocean and marine
resources
India will also pledge support to establish a pharmaceutical
production unit here to meet the demand for life-saving medicines

India PNG MoUs:

1.
A memorandum of understanding (MoU) was signed between Indias
ministry of health and family welfare and Paua New Guineas ministry

of health and HIV/AIDS for a broad range of cooperation in the field

of healthcare and medical science.
2.
Another MoU was signed between the Papua New Guinea
government and the Export Import Bank of India for a $100-million
credit line for development of infrastructure in the island-nation.
3.
The third MoU was between the Indian Council of Agricultural
Research, New Delhi, and PNG University of Technology, Lae, for
cooperation in agricultural research.
4.
The fourth MoU was signed between the governments of India and
Papua New Guinea for establishing of India-Papua New Guinea Centre
for Excellence in IT.
India is going to explore and develop Papua New Guineas vast oil
and gas resources

Through joint ventures and investments from both the Indian private
and public sectors.

It could be a new avenue of cooperation between the two

countries,Papua New Guinea
INDO PACIFIC OVERVIEW

Why Pacific region is gaining importance in India's Foreign

Policy?

Chinese increased presence in the Indian Ocean calls for Indian

presence in the Pacific Ocean to counter the balance of power.

Free trade agreements like Trans-Pacific Partnership and Asia-Pacific

Economic Cooperation Free Trade Area- that provides majority of global
trade are Pacific centric

Indian Diaspora across various islands in the region

Transformation of "Look East" into "Act East"

The region remains easily accessible to American continent and

even countries like Japan , Australia with whom India shares its special
bonds

The Pacific region has very high market potential for Indian exports
such as engineering services, ICT services and FMCG items etc

INDO PACIFIC ISSUES

It is said that the future strategic scenarios will increasingly focus

on the Indo-Pacific littorals and India must prepare for them more
proactively, with maritime security interests acting in concert

with diplomacy. In the light of the statement, examine the

reasons for this shift in focus on Indo-Pacific region and how
should India deal with this shift. (200 Words)
As world trade has increased, the importance of Sea Lines of
Communications (SLOC) has also increased. The resource hungry nations
have now moved to the oceans to satisfy their needs. Thus, the
importance of Indo-Pacific littorals has increased in a strategic sense due
to the following reasons
1.
US's pivot to Asia - In order to counter China's rise, the US is
rebalancing its foreign policy and giving more importance to Asia. That
has increased the importance of Indo-Pacific region.
2.
Trans Pacific Partnership (TPP) - TPP is a major Free Trade Agreement
backed by the US which will bind the region in a tight economic
embrace.
3.
Sea Lines of Communications - This region contains very important
SLOCs which have a direct bearing on the economic security of many
nations. SLOCs through which nearly 55% of Indian trade passes
through. This makes it strategically imperative for us to safeguard our
maritime interests.
4.
South China Sea Resources - There are indications of presence of
hydrocarbon assets in the South China Sea Region. This increases the
importance of this region manifold. China's increasing assertiveness in
SCS will not only devoid us of mineral (oil etc.), marine, rare earth
metals and other resources ( important for energy and food security)
but China's naval/military presence in SCS will reduce our strategic
edge in our backyard (IOR).
5.
China's 'Blue Water' Ambitions - In order to stake claim to disputed
area of the South China Sea as well as safeguard its SLOCs, China has
rapidly expanded its navy. This poses a strategic threat to India and
other littorals in the region.
6.
In the wake of slowing down of EU and U.S economy (especially
after 2008 recession),focus has shifted towards Indo-pacific littorals as
it houses many of the world's biggest economies and largest markets.
In order to deal with the shift in the world's focus on the region, India can
take the
following steps 1.
Joint naval exercises with other major powers in the region like
Australia, Japan etc. Strengthen naval co-operation with littorals
(specially Australia ,Japan, Australia, Singapore) and U.S Malabar joint
exercise is a case in point.
2.
Strategic engagement with China in the region, balanced with
the "strategic plus" partnership with the US.
3.
Strengthening relationship especially economically with the IndoPacific littoral states.

Critically discuss the objectives of the Forum for India Pacific

Islands Cooperation (FIPIC) and its significance to India's
geopolitical interests. (200 Words)
The forum for India pacific islands cooperation is a multinational
group developed in
2014 for cooperation between India and 14 pacific islands.
The main objectives of the FIPIC are to strengthen trade and strategic
bilateral
relationships of India with the pacific islands. Significance of the FIPIC for
India are:
1.
2.
3.
4.
5.
6.

It will help India to harness resources of pacific islands for

agricultural, fishery, oil and natural gas, mining, information
technology, and will help in the growth of healthcare centres.
It would help to cater to the needs of the Indian diaspora living in
the Pacific islands.
It will help to address the issues of climate change and use of
renewable energy like solar energy, weather forecasting, use of science
and technology
The pacific islands can also support India to gain the permanent
seat in the united nation security council.
It will boost trade and commerce.
It is most important relationship of India under the Act East
Policy and will help to fulfil India growing demand of marine resources.

Although FIPIC is geopolitically significant for India but there are some
obstacles to
this---Firstly pacific islands are also strategically important for China and with
the help of Maritime Silk road China would also want to keep strong ties
with these resource rich islands which can put constraints and affect the
ties of these islands with India.
Secondly the Pacific islands may look forward to USA for a strategic
partnership to boost their economies as well as geopolitical interests
which can act as a hurdle for India's interest in these islands.
Nevertheless, India will have an upper hand in these islands which will
protect
India's interest by fostering support and cooperation which will be fruitful
in the long
run of India's foreign policy.
It is argued that a strategic framework involving India, Japan and
Australia is fast evolving in the Indo-Pacific region. Critically

analyse the objectives and significance of this framework. (200

Words)
In the past couple of years, we have witnessed a growing convergence of
interests of India, Japan and Australia. Past month, the 3 foreign ministers
met each other to discuss their common interests.
Objectives:
1.
Curb China,s aggressive outlook: on the account of new found
china's aggression in the south and east china sea and also in indian
ocean, China's establishment of ADIZ in the south and east china sea,
its claim on the Senkaku islands, Spratley, fishing (permits) regulations
in Hainnan province. Its opposition to India's presence in Vietnam oil
blocks in south china sea, its growing clout in the Indian ocean, its
string of pearls, Its proposed Maritime silk route, Its establishment of
listening posts in Seychelles, presence at hambantota, embassy at
Maldives.
2.

It is also a concern for Australia as china using its deep pockets to

finance cheap loans for pacific countries around Australia. (China's
unilateral decision in 2013 to extend its "air defence identification
zone" (ADIZ) over the contested maritime area in the East China Sea
overlapping with the already existing Japanese one to announcing
new fishing regulations for Hainan province in January 2014 to ensure
that all foreign vessels need fishing permits from Hainan authorities in
more than half of South China Sea. China's land reclamation work in
the Spratly Islands )

3.

Revitalise maritime trade ties and defence cooperation to gain

foothold in Indian ocean and East China sea.

Significance:
1.
Will help in securing SLOC of all the nations in both the South china
sea and the indian ocean.
2.
Will help in tackling threats like piracy, arms trade, drug trafficking,
natural disasters like tsunami. Annual exercises like JIMEX, Malabar with
japan has helped curbing such threats. (Japan will also be a part of
bilateral India-US annual naval exercisesthe Malabarslated to be
held over the next few months)
3.
Will help in tackling illegal migration through sea.
4.
Also will help in capacity building of all three navies through joint
naval exercises.
5.
Might help India in gaining membership of TPP.
6.
Will help india in securing india's nuclear interests since a
continuous association might help in gaining Japanese waiver for
signing NPT for nuclear reactors
Thus cooperation of these 3 nations is essential for them to ensure
healthy economic

growth and develop a regional dominance in the Indo-pacific region.

Critically analyse how India will be benefited by forming a joint
forum with Australia and Japan. Do you think formation of this
forum is necessitated by the threat of raising China? Critically
comment. (200 Words)
Closer security ties, joint naval exercise and military relationship are on
the top agenda on Japan-Australia-India joint forum.
1.
All this countries are heavily dependent on south china sea lanes for
their trade. so to secure their trade route these forum will take
necessary steps.
2.
Artificial island that china is creating in disputed marine areas in
south china sea will also be on top agenda.
3.
Huge quality of hydrocarbon reserve in south china sea has
generated anxiety in these nations.
4.
Joint military exercises and deeper security engagements will
amplify India's defence capabilities vis a vis China in IO region.
5.
All three nations can jointly help in capacity building and training of
defence forces of South East Asian nations. This will help them defy
any arm twisting measures by China in south China sea and facilitate
more Indian presence in trade and investments in the region.
6.
Cooperation in security issues like piracy, cyber security, counter
terrorism
7.
All the three countries support reforms in UNSC and support India's
membership in UNSC
8.
International cooperation at other forums like UN, ASEAN, APEC, G20
and EAS can also deepen.
Though India was initially reluctant to be part of any such forum as it was
against it Non Alignment movement. But India considered south china sea
water as international water and India supports freedom of navigation and
access to resources in south china sea in accordance with the principal of
international law UNCLOS.
India joined this forum to secure its international trade and energy routes
as these routes cannot be leaved on goodwill of Chinese navy. India also
does not want to lose its exploration of oil and gas in south china sea.
INDIA PAKISTAN
BALUCHISTAN ISSUE
Context:

Issue of Baluchistan was raised by our PM in his independence day

speech

Baloch Mobile App: All India Radio launched a multi-media and

mobile app for Balochi-speaking people in the Af-Pak region and other
parts of the world. Can be seen as Indias efforts to reach out to the
neighbourhood for a better people-to-people contact

Geography of Baluchistan:

Baluchistan is located in theSouth West of Pakistan and constitutes

half of the countrys territory.

Demographically though it constitutes a mere 3.6% of the total

population of Pakistan.

The province is home to over 13 million people, mostly Balochis.

Why Baluchistan is important for Pakistan?

It is half the size of Pakistan

It is rich in natural resources like gas, oil, copper etc.

How it became part of Pakistan?

Prior to independence from British rule, theprovince of Baluchistan

comprised of four princely states; Kalat, Lasbela, Kharan and Makran.
Three months before Partition, Mohammad Ali Jinnah mooted
anindependent state of Kalatwhich would consist of all four princely
states. Accordingly a communique, was released on August 11, 1947,
which gave an independent sovereign status to Kalat.

By October of 1947, however, Jinnah changed his mind regarding

the status of Kalat and voiced his demand for Kalat to formally join the
state of Pakistan. The Khan of Kalat refused to let go off his
independent sovereign status and a standstill pursued between two
leaders regarding the status of present day Baluchistan.

On March 26, 1948, thePakistan Army moved into Baluchistan

and captured Kalaton April 1, 1948.
What is the root causes of the conflict between Baluchistan and
Pakistan?

Unequal representation of Balochis in central politics of Pak

Interference of regional politics of Baluchistan by central

government and military

Ethnic differences

Underdevelopment of Baluchistan despite being resource rich

Atrocities conducted by military and central forces

Terrorist organisations and Islamic Extremism

Gwadar port issue : Baluchis were not consulted. They are mostly
side-lined in the development of surrounded areas also.

What is the significance of our PM's remark?

India, till now, followed policy of non-interference (Panchsheel)

Pakistan often accused India of supporting Baluch Terrorism

PM's remark taps on Pakistan internal insecurities

Baluchistan:Pakistan == Kashim: India. India is giving tit-for-tat to

Pakistan which shows India's increasing confidence in its foreign policy

Pakistan touted PM's remark as a proof of their earlier claims of

India supporting Baluch terrorism

Baluchistan leaders welcome these comment as it will bring the

issue to international attention.
CONFIDENCE BUILDING MEASURE

Newspaper on both sides of Kashmir to exchange news -- " to build a

permanent linkage and to understand each other's problems.

Involvement of Civil societies on both side. Literary festivals, youth

exchanges, women dialogue etc. --> Exchange for Change program, IndiaPakistan Regional Young Leaders forum
Trade expositions, cultural festivals, Track two dialogues etc.

GILGIT BALTISTAN

The Gilgit-Baltistan region is now an important piece in a larger

geopolitical puzzle. With a background note on the history of the
region,
elaborate
the
statement.
(200
Words)

The Gilgit Baltistan was a region of princely state of India ruled by

Maharaja Hari Singh. Before independence; a rebellion occurred and
rebels established an independent rule for a short time. After that;
keeping view of the Muslim predominance in the region; it has been
merged with Pakistan but still the region is neither recognized as a part of
Pakistan even by Pakistan supreme court nor it remains a part of India.
The region has not fully integrated with Pakistan; being governed through
special arrangements such as caretaker governments or special
secretaries; inhabitants are still not given true representation
Geo-political
1.

2.

3.
4.

5.

6.

importance:

The demarcated ceasefire line between India and Pakistan that is

Siachen is situated here. It has already led to many conflicts between
the two countries. Gilgit-Baltistan bears strategic importance from the
security and defense point of view. Also, control of Siachen glacier
provides significant upper hand to Indian Army in the Kashmir region.
Wakhan corridor of Afghanistan connecting Afghanistan to India is
situated in Gilgit. In view of geopolitical importance of Afghanistan
specially regarding recent changes of political scenario and withdrawal
of American soldiers ; this connecting link is vital.
Karakoram pass linking Pakistan to china is situated in Gilgit.
China has active presence here through investments in various
projects. Shares borders with China: under Chinese proposal of "CPEC";
the region will attract massive Chinese investment to boost regional &
Pakistani economy; enhances Sino-Pak ties; region is essential to
Chinese strategic vision.
This region has been used by various successive governments as a
ground to itch communal conflict between Shia and Sunni for political
purpose. Gilgit-Baltistan is Shia dominated region. It has been at
receiving ends from Sunni terror groups; influx of Sunni from rest of
Pakistan has led to ethnic conflicts.
Highly militarized. India China and Pakistan maintain heavy military
presence around the region. Besides the LoC Indian troops occupy the
Siachen Glacier while Chinese troops are also present on the
Karakoram
pass.

Therefore, any flare-up or escalation around this region could become the
focal
point
of
a
larger
conflict.
Chinese inroads into the region should be cause of worry for India; as it
will undermine India's regional interests and surround India along Land
borders.
INDIA PAK US RUSSIA

Pakistan-US

Pak-US joint statement against Indian interests:

o
Hydroelectric projects: 4,500 mw Diamer-Bhasha project in
Pok

Talks with Taliban: Even after failure of talks once, US once

more depending on Pakistan to mediate talks and next round in
Pakistan
o
India-Pak talks: US suggested India to resume talks. Mentioned
"violence along the LoC" "mutual concerns of terrorism" which goes
against India and supports Pakistan stand
o
Action against LeT: No mention of Pakistan inaction against
Lakhvi inspite of breaching FATF and Security council requirement
violations.
US giving pak F-16 : strategic weapons can destabilise region - Pak
already acquired tactical and miniaturised battlefield nuclear weapons.
o

Pakistan-Russia
First Pakistan-Russia military exercise Druzhba-2016 (Friendship-2016).
With this, Pakistani Army and Russian Ground Forces (RGF) have come
together for the first time in military exercises reflecting growing military
ties between two former Cold War rivals
INDUS WATER TREATY

Pakistan-US

Pak-US joint statement against Indian interests:

o
Hydroelectric projects: 4,500 mw Diamer-Bhasha project in
Pok
o
Talks with Taliban: Even after failure of talks once, US once
more depending on Pakistan to mediate talks and next round in
Pakistan
o
India-Pak talks: US suggested India to resume talks. Mentioned
"violence along the LoC" "mutual concerns of terrorism" which goes
against India and supports Pakistan stand
o
Action against LeT: No mention of Pakistan inaction against
Lakhvi inspite of breaching FATF and Security council requirement
violations.

US giving pak F-16 : strategic weapons can destabilise region - Pak

already acquired tactical and miniaturised battlefield nuclear weapons.

Pakistan-Russia
First Pakistan-Russia military exercise Druzhba-2016 (Friendship-2016).
With this, Pakistani Army and Russian Ground Forces (RGF) have come
together for the first time in military exercises reflecting growing military
ties between two former Cold War rivals

KASHMIR DISPUTE

Many advocate that a solution to the Kashmir dispute would

necessarily have to include Pakistan. Do you agree with this
view? Substantiate. (200 Words)
The dispute can be addressed from two sides and we need to analyse
which pays off better in order to determine whether Pakistan is in the
equation
or
not
1.

2.

With Pakistan: The Kashmir dispute is escalated by political

instability in Pakistan. Needless to say that Pakistani foreign affairs is
managed by its army rather than the government. The dispute over
Kashmir is engraved in the hearts of its military because of the
crushing defeat it has faced each time it tried to counter India. it is
very much unlikely that they forget their defeats and join hands with
India. As our PM had said, Talks are of no use when there is bombs and
guns
are
exploding
in
the
border.
Addressing the people of Kashmir

a.

Kashmir dispute is mired by separatist groups functioning

there who claim independence for Kashmir
b.
Not all people in Kashmir are satisfied with the development
that Kashmir has seen. they are also highly affected by the misfiring
that happen time to time and are not happy with the huge military
presence in the valley.
c.
When these issues are resolved their confidence on the Indian
government would be undoubted and the Hurriyat would face its
end
due
to
lack
of
support.
The recent turnover in the election is heartening and we are on the way to
achieve the
what is intended.
When there are no separatist tendencies within the valley then there is no
question of
Pakistan coming into the equation of Kashmir. India is a Sovereign nation
right from its
independence and as the Supreme Book of India states, so shall we
follow.

NUCLEAR

Reports of US-Pakistan deal in media

India should offer conditional support to a civilian nuclear deal between

U.S and Pakistan while insisting that Islamabad signs the "No-first-usetreaty" and clamp down on home-grown terror. It is in India's interest to
ensure that Pakistan's nukes are under international supervision.

China's consent necessary for admitting new states in NSG. It supports

Pakistan's entry into NSG.

PEACE PROPOSAL

Mr. Sharif had told the UNGA that Pakistan had tried to reach out to India,
and proposed:

Formalising the ceasefire,

Demilitarising Kashmir
Demilitarising Siachen Glacier, and
Agreeing to end the use of force

India responded: Instead of four proposals, we need only one point: that
Pakistan end support to terror groups,
The emphasis on Pakistan-occupied Kashmir marks a new move by India,
to move the debate over the Kashmir dispute to discuss PoK rather than
the Kashmir Valley.

RSTV BIG PICTURE : INDO PAK TENSIONS : IS IT AFFECTING ECONOMY?

The tensions between India and Pakistan which has led to cross border
attacks and raids by India and also the continued infiltration and attack on
army base in Kashmir has caused a lot of concern. While the tensions
continue, the question is how it is affecting the economy both in short
term and long term. The Finance Minister has asserted that the impact is
marginal. However, the stock markets have been reacting negatively.
Business analysts feel that the international outlook towards this tension
is cautious and a wait and watch approach is being adopted.
Impact on Economy:
1.
Indian economy is very large therefore, in some sense it is able to
absorb any direct impact of disruptions in bilateral trade from Pakistan
which in any case is rather marginal and small in magnitude. The major
impact is on investment climate in India as thesetensions are being
perceived as causing instability in the South Asia region and therefore,
investors are bound to take a wait and watch approachtowards
bringing in further investment to the country.
2.
FDI, Indias trade with Central Asia, regional cooperation and
tradewill get affected as evident from cancellation of SAARC Summit.
MFN status to Pakistan has collapsed now. One year ago, there were
talks of SAARC currency. India might be forced to look for other options
of trade in the region. It should try to come closer to the ASEAN.
3.
Same thing might hold true for domestic investors as well because
no one wants to invest in a situation where political risk in heightened
as it easily translates into commercial risk. However, there is also a
positive sentiment that the government is strong and decisive enough.
4.
There is a need to keep in mind the diversity between Indian
economy and the Pakistani economy. Pakistans economy is smaller,
not so diverse and mainly agrarian and hence depends upon a lot of
water which flows down the Indus, Chenab and Jhelum on which it has
full rights. If tensions continue to build, impact on Pakistan would be
more as compared to India.

5.

There would be a certainimpact on government expendituresof

both the countries in case of a war. India is passing through a stage
where private investment is lagging behind and this is considerably
important for keeping our rate of growth, investment ratio on track.
Continued tensions and low intensity warfare may also increase the
inflationary impact on the country. Rolling out of GST in the coming
days will only add to inflation. There would be an impact on the
government finances taking into account the fact that a government
which is keen on increasing public investments; suddenly there might
be a tremendous pressure from Defence Ministry to increase its budget.
This affects capital expenditure which is a long drawn out process.
6.
This is an opportunity lost by both the countries to have bilateral
trade which could have boosted both the economies, direct route to
Afghanistan, in terms of power supply to Pakistan although not much
has been done in this regard etc.
7.
Bollywood is something which is not much talked about. But in this
scenario as atertiary impact, it would lose an indirect market in
Pakistan. Though India does not gain direct benefit from it but through
Dubai or other centres, lot of money is generated and Indias soft
power is also extended.
8.
There are three types of trade between India and Pakistan i.e. the
normal export and import and trade through Dubai which will be
affected as well. There is also a barter trade taking place at the border
which is probably not accounted. These goods impact the economy of
the border states.
9.
On a positive side, if there is an increase in expenditure which
improves the capacity utilization in our ordinance factories, it might
help the economy. It would be a good opportunity for more foreign
investment on the defence side. It would help government to move
faster in this area keeping aside the political cobwebs.
10. Over the years, Pakistan has tried to integrate its economy more
and more with the Central Asian countries. Therefore, the benefits it is
getting from these countries might not get affected significantly but
the trade with SAARC countries might prove to be a setback for them.
Their fiscal position is not that strong and robust so there will bemore
crowding out effect for public investment in Pakistan compared to
India.
11. CPEC is independent of what is happening now. It can be expected
that if Pakistan faces some difficulty,China would certainly flex its
muscles in different areas to create some difficulties for Indiawhich
would be a diplomatic challenge to be countered effectively. If there is
a naval blockade or tension in Balochistan, it will be against Chinese
interests.
12. Immediate concern for India is TAPI pipeline. After considerable
many years, there was progress on it. Pakistans response has been
lukewarm in this regard. Indias demand for hydrocarbons particularly
gas is growing considerably because of substitution of coal with other
resources, use of clean energy resources. Though India can get gas

from Qatar and other countries but TAPI pipeline linked it with Central
Asian countries directly.
13. There might be much moreheightened threats of terrorismin
different parts of India beyond the border states. The security agencies
will have to bolster their anti-terrorist intelligence.
The sustained hostilities are detrimental for both the nations. In the short
run the impact would be marginal but if this thing continues and escalate,
there would be lot of concerns in rest of the world and international
organizations that the situation does not go out of hand and is contained.
TERRORISM

No consensus on definition of Terrorism in World:

Organisation of Islamic cooperation wants acts by national liberation

movements to be excluded from definition due to Israel-Palestine
conflict

Latin American Countries want to cover "state terrorism"

Western countries including USA want to exclude acts committed by

military forces of states during peacetime.
Hence, need of a UN Comprehensive Convention Against International
Terrorism
Looking at Pakistans continued tacit or overt support to
terrorists campaigning against India, do you think India should
start pursuing coercive diplomacy with Pakistan? Critically
comment.
(200
Words)

While looking at the recent actions of the Pakistani judiciary and the
govt., it can be said that they are not taking the issue of counter
terrorism seriously.
The release of a terrorist, apart from the various facilities given to
him in jail, shows that the Pak govt. is still not able to go against the
wish of the military. This calls for new measures to be taken by India, to
make Pakistan realise, the gravity of the situation.
Some methods which the Indian govt. can use are:
1.
Usage of a software called STONE, which uses open source
data to identify successors of captured terrorist leaders, as well as
to predict how the terrorist network will reshape afterwards. This
can help in shaping our own strategy afterwards.
2.
Denial of visas to relatives of ISI officials, who have been
suspected to be involved in terrorist activities.
3.
Financial sanctions in trade can also be a strong message to
the Pakistani govt., to rethink their strategy on terrorism. Also, India
can advise other nations too, to impose some sanctions on Pak, until
concrete proof of their fight against terrorism is seen

But this kind of behaviour may be exactly what the terrorist

organisations want, i.e. to isolate the Pak govt. from the world major
powers, and make it weaker. Such sanctions may not lay an effect on
the financial starvation of terrorist organisation, as they already have a
nexus with the drug lords, for finance. Also, this may make the
insurgent organisations stronger, as the govt. will have lesser power
and outer help, to counter their activities.
So, in the present scenario, the only way out is to continue peace
talks, and devise a new method to counter terrorist activities on a
world scale. Because, if the countries blame each other for acts
committed by terrorists, its only the terrorists who win.

INDIA QATAR

Qatar holds important place in India foreign policy, because of its

location in middle east, huge natural gas reserves and large sovereign
fund
Also important for India due to expats living there and remittance
they send us back
Seven new agreements signed. Important are:
o
MoU for investment in NIIF
o
MoU for cooperation in Tourism
o
Cooperation and mutual assistance in customs
o
MoU on skill development and recognition of qualifications
o
Agreement to fight global terrorism by sharing terrorist and
financial information

Analysis if recent Agreements:

Investment sector : India has invited Qatar to participate in PSU

disinvestments, invest in the NIIF ( national infrastructure and
investment fund ), and bid for hydrocarbon blocks under HELP policy.
This will meet the India's investment requirements for infrastructure
especially when banking sector is under severe stress and corporate
sector is burdened with stalled projects.

Energy sector : joint exploration of energy reserves and

development of existing reserves by Indian companies in Qatar. It will
provide opportunities for investment to Indian companies, also will
secure India's energy demands by buying stakes in the oil and natural
gas fields.

Elimination of terrorism : agreement on sharing of information on

transactions to prevent money laundering , affirmed commitment to

eliminate terrorism. This will check the financing of terrorism, flow of

black money from India, and also Qatar commitment will help in
handling ISIS, securing stability in the Middle east. This will ensure
safety of India's diaspora and uninterrupted supply of energies.
Other agreement were made for promotion of bilateral trade,
financial services such as banking and insurance etc.

INDIA RUSSIA

New Developments:

Russia promoting state-to-state level contact beyond defence and

strategic relations between Moscow and Delhi

Russia will help India in setting up 25 integrated infrastructure Agro

irradiation centre

Roseneft led consortium buys India's Essar oil; Biggest foreign

investment by Russia

Russia's increasing closeness with Pakistan; Joint military exercise

Existing Collaborations:

Pakistan-Russia gas pipeline.

Fifth Generation fighter jet

S400 missile system

Naval coproduction

Helicopter
Agreements signed in India-Russia annual summit:

Agreement on cooperation in International Information Security.

MoU for expansion of bilateral trade and economic cooperation.

Shareholder agreement for establishing a Joint Venture to

manufacture Ka-226T helicopter in India.

MoU for developing smart cities in Andhra Pradesh and Haryana and
for developing transport logistics systems for such cities.

MoU between Gazprom and Engineers India Limited (EIL) for the
joint study of a gas pipeline to India from Russia and other areas of
cooperation.

Cooperation Agreement between Rosneft Oil Company and ONGC

Videsh Limited (OVL) in the area of Education and Training.

MoU for setting up an investment fund of $1 billion by the National

Investment and Infrastructure Fund (NIIF) and the Russian Direct
Investment Fund (RDIF).

MoU for Cooperation between Russian and Indian Railways in

increasing the speed of trains between Nagpur- Hyderabad/
Secundrabad.
MoU between ROSCOSMOS and ISRO on Mutual Allocation of Ground
Measurement Gathering Stations for NAvIC and GLONASS.
Inter-governmental agreements (IGAs) for the procurement of S-400
Air Defence System and construction of 1135.6 series of frigates.
MoU between Indias Department of Science and Technology and
Russias Federal Agency for Scientific Organisations

Analysis if Indo-Russian relation in recent past:

India's latest cooperation with Russia was a bit uneven due
to delay and steep rise in price of Admiral Gorshkov, and due to problems
with Russian spare parts. But now, the Russian military-industrial complex
is in a better shape and can work with India effectively
Russia has shared sensitive technology for India's nuclear submarine
Arihant and deserve the title for "tested and tried partner"
Russia-Pak partnership is not going to hold for long, because:

Kunduz attack is a lesson for regional powers that Taliban cannot be

trusted

Fear of spilling over Islamic militancy in Central Asia neighbouring

Afghanistan.
It is argued that the symbolism of the Annual IndiaRussia
Summit and its vision statement are significant in the relations
between India and Russia. Critically analyse why. (200 Words)
This meeting has to be seen in the backdrops of below events
1.
This summit held, at a situation when the hawkish approach was
adopted by Russia to annex Crimea from Ukraine. U.S along with its ally
has imposed sanction on Russia.
2.
India's increasing proximity with US. In recent years, India has
replaced Russia with US, Israel and even France(Rafael Deal) for
majority of its defense procurement.
3.
Russia decision of lifting the embargo of defense equipment sell to
Pakistan
The 15th Annual India Russia Vision statement are significant in the
relations between India and Russia because of the following issues:
Positives
1.
Increase trade: The bilateral trade between the countries is far
below its potential of about 11 billion dollars which the agreement
propose to increase by 30 billion dollars by 2025. e.g. bilateral trade in
diamond, supply of crude oil from Russia and agricultural products,
engineering goods organic fertilizers etc. from India.

2.
3.

4.
5.
6.

Military and technical cooperation: Proposal to train Indian soldiers

under the Russian Ministry of Defence.
Boost integration: With the development of the North South
corridor ,it could encourage the integration of Northern Eurasia,
Caucasus, West Asia ,Central and South Asia which would in turn will
give a stronghold for permanent membership in the SCO.
Nuclear Cooperation: Proposal to set up about 25 nuclear power
plants and construction of third and fourth units of Kundankulam
power project.
Research: In healthcare Cooperation between ICMR and Russian
Foundation for basic research and space research, telecommunication
satellites.
Opening up of cultural forum in each other countries to increase P2P
interaction.

In reality the relation between these two nation is on a crucial junction.

Both country, especially India with its growing proximity with US, should
deal this very carefully.
INDIA SAUDI ARABIA

Facts and context:

Principle supplier of Crude oil to India meeting nearly 20% of India's

need thus central to India's energy security

India's fourth largest trade partner

2.9 million Indians in Saudi Arabia - engaged in entire spectrum of

economy

Historical context: History of trade and rise of Arabs due to trade

intermediaries between India and Europe.

Islamic connection and Haj subsidy.

Nitaqat issue: replacement of foreign workers with Saudi nationals in

theprivate sector
PM visit to Saudi Arabia Outcomes:

increased cooperation in counter-terrorism, intelligence sharing and

regional security will enhance our presence and credibility in the
region.

connecting with the 7 million strong Indian diaspora in the region

which provides for the largest remittances from abroad

Joint communique on state sponsored terrorism with an oblique

reference toPakistan in a time when Saudi-Pak ties are in strain. This
increased co-op may help us better negotiate with Pakistan. A sense of
opportunity built into our current engagement like Saudi is distancing
away from Pakistan due to latter's refusal in Yemen airstrike

Concerns:

We need to do a fine balancing act in our relationship of Saudi

Arabia and Iran both of which are major oil and energy rich regions
important for our energy security.

Also at a time when Saudi Arabia is itself funding Wahhabi groups,

fuelling Shia-Sunni conflict, funding war on Yemen the claim against
state sponsored terrorism seems hollow.

Greater alignment with US-SAUDI ARABIA-ISRAEL entente may

antagonise RUSSIA-IRAN-PALESTINE who have been traditional
supporters of our strong democratic, civilizational and moral values.
Opportunities:

Sovereign wealth can boost investment

PM Modi being awarded the highest civilian award of Saudi refers to

renewed recognition of a resurgent and shifting India in Saudi's eyes

India is pursuing Project Mausam for closer civilizational ties and

India, with a strong navy, will be key regional security provider.
Indian immigrants issue
The Saudi government was forced to cut its spending last year on the
back of plummeting oil prices. As a result, it created pressure on the
financials of local construction companies. Such firms employ foreign
workers and rely on state contracts. The resultant strain on the firms led
to nearly 10,000 workers being laid off, and left them with no money to
even eat food. More than 2,500 Indians are said to be living in labour
camps with no food

INDIA SAUDI IRAN

06/04/2016
India needs a balanced West Asia policy. By skewing it towards
the Saudis in pursuit of short-term goals, New Delhi runs the risk
of antagonising Tehran. Comment. (200 Words)
India's Foreign policy towards West Asia is said to be tilting towards Saudi
Arabia on following grounds :
1.
During Sanction : Despite Iran's potential & India's desperate
demand, India choose to cut down its energy cooperation with Iran
during sanctions.
2.
After Sanctions : India showed lack of interest in rebooting ties with
Iran after sanction withdrawal which is reflected in China & not India
being the first nation to visit post sanction Iran.
3.
Multipronged ties with Gulf : First UAE & now Saudi Arabia, India has
widen its relationship with these gulf nations.

Skewed Policy towards Saudi Arabia may result in short-term gains for
India :
1.
Strategic : Strained Pak-Saudi relations & increasing Indo-Saudi
Cooperation may result in Saudi Arabia to favour India as against
Pakistan on International forums.
2.
Energy Security : Saudi Arabia being the largest crude oil supplier to
India, its importance in India's energy security is paramount.
3.
Remittances : Saudi Arabia being the largest supplier of remittances
to India, Stability in the West Asia & Particularly Saudi Arabia is vital.
4.
Energy Market : In view of shale gas revolution in US, economic
slowdown in China & Sanction free Iran - India would be the favourable
market for the Saudi Arabia.
However, this skewed policy can damage Indian interest in long term :
1.
Strategic : Despite recent Strain in Pak-Saudi relations, we should
not forget Pakistan is a historically of Saudi & Pak factor will remain
more leverage than India for Saudi Arabia.
2.
Regional Stability : Recent aggressive policies of Saudi Arabia are
destabilising the West Asia which is against the Indian interest. Ex :
support for rebels in Syria leading to rise of ISIS.
3.
Energy : India's huge upcoming demand as predicted by IEA
requires diversification of partners as much as possible, depending on
few major countries can be proved disastrous .
4.
Soft power : := Deepening engagement too much with Saudi Arabia
may indicate giving legitimacy to Dictatorial government which may
reduce our soft power at international forum.
India needs a tri-directional foreign policy which can accommodate all 3
regional powers - Israel, Saudi Arabia & Iran.

INDIA SEYCHELLES

Seychelles is strategically located in Indian Ocean

Defence cooperation has been the cornerstone of the relationship
with cultural, trade and technical cooperation as other important areas
India helps Seychelles to patrol the Indian ocean.
PM visit to island nation have provided required energy to bilateral
relations
In the recent past there has been an increased vigour with which the
relationship is viewed. A part of it could be credited to the ensuring the
energy and security needs of the country and of which the Indian
ocean region is an integral part. A large part of sea borne trade and
commerce is carried through it. Hence, to ensure the security,

Seychelles provides base for Indian Naval ships to fight off pirates
especially those of Somalia.
Seychelles economy is heavily dependent on tourism industry and
substantial amount of Indian tourists visit this country every year,
Recently, China has announced that it will build its first African naval
base in Djibouti.
In response to this, India has partnered with Seychelles to develop a
naval base on the Assumption Island.
An improved and closer relationship with Seychelles also ensure that
Chinese policy of encirclement is countered
Seychelles has cleared that it should not be called an Indian naval
base, rather it is a Seychelles naval base built with support from India.
The mutual interest of both the countries lies in ensuring safety and
security in the Indian Ocean.
Though Bilateral trade isn't strong but still Seychelles can provide
access to its EEZ. A stronger relationship will also ensure that India can
setup its scientific base and can carry research on weather related
phenomena , especially Monsoon

INDIA SINGAPORE

50 year of diplomatic relations

Lots of Singapore citizens have their roots in South India
Many Indian start-ups are migrating to Singapore due to ease of
doing business and low compliance cost.
Increasing FDI inflow from Singapore to India
Both countries significantly scaled up their military to military
engagement with bilateral visits and joint exercises. (Defence Minister
in Shangri-La Dialogue)
MoUs:
o
MoU signed in the field of Industrial Property Cooperation. It
will enhance bilateral cooperation activities in the arena of Industrial
Property Rights of Patents, Trademarks and Industrial Designs
o
MoU on collaboration in the field of Technical and Vocational
Education and Training
India and Singapore decided to strengthen cooperation in
countering threats of rising terrorism.

INDIA SOUTHAFRICA

South Africa is important because:

Developed nations in Africa
Can be called as gateway to Africa as it has clout over African
politics
o
Resource rich
o
Indian diaspora present there
o
Partner in IBSA and BRICS
o
Democratic nation and historical ties with India
South Africa is a major player in defence production globally. So,
India can be an attractive destination for it for manufacturing of
defence equipment and platforms.
There is potential for India to ramp up cooperation in South Africa in
trade and investment, especially in areas of minerals and mining,
chemicals and pharmaceuticals, manufacturing and information
technology
MoU signed for cooperation in the field of Tourism. South Africa is an
emerging tourism source markets for India.
MoU between India and South Africa for promoting bilateral
cooperation in the field of Information and Communication
Technologies (ICT)
o
o

INDIA SOUTH ASIA

Evidence that importance of South Asia is growing:

Presence of Bangladesh and Sri Lanka at the G-7 summit at IseShima, Japan

China aggressive presence in Pakistan, Bangladesh, SL, Nepal and

Maldives in recent times

CPEC

"Dialogue Partner" status to Nepal and Sri Lanka in SCO

Bangladesh: One of the fastest growing economy. Attracting huge

investment

Emergence of SL as a central location in Indian Ocean and

consequent attention of US, China and Japan towards it
Concern for India:

India gives more focus to Af-Pak ignoring other nations

Historic leverage in its neighbours is quickly weakening

India must learn to collaborate with neighbours rather than being a

"lone ranger" in the region

INDIA SOUTH KOREA

Facts:

India and South Korea have signeda memorandum of understanding

(MoU) for cooperation and mutual assistance in development of ports

India and South Korea has launched a platform Korea Plus to

promote and facilitate Korean Investments in India

The key component of India-South Korea strategic partnership

continues to be a robust economic engagement. Critically analyse
what India needs to do to deepen this relationship and how will it
benefit from deeper partnership with South Korea. (200 Words)
With India looking forward to strengthen its position in Asia and counter
the rise of china, South Korea is a lucrative partner. Along with
the common ideologies of democracy, both the countries have had many
things in common including a common historical trajectories, colonial
experiences, bloodshed
of
partition
and
hostility
in
the
neighbourhood. This gives both the countries a chance to benefit from a
strong relationship.
India needs to push this relationship forward, which can be done through:
1.
Skill development: to benefit from the demographic dividend, India
needs to learn from RoK experiences
2.
Increase economic growth by increasing entrepreneurship and joint
ventures with south korean industries like Samsung, Hyundai etc.
3.
Ship building: South Korea has world class technology, but India has
obsolescent equipment and management. India would need to make
special arrangements right from assigning a port completely to Korean
companies. Also, their state-of-the-technology while building ships and
ancillary products need to be tapped
4.
Nuclear co-operation : technology and investment would come at a
lower cost from south korea
5.
Tourism: can be built up due to common cultural ties. facility of 'evisa' and 'visa on arrival', tourism from both sides will increase.
6.
It will benefit india's film producing industry by providing a joint
venture with south Korean films and will also boost cultural ties.
Certain issues:
1.
The present CEPA has not generated any extra exports from India,
and the bilateral trade gap is widening against India. Renewed
partnership in the CEPA agreement signed in 2009 is needed to
rejuvenate renewed energy in order to utilise Korean expertise of
Technical sector and consumer goods. But Indian interest needs to be
protected by confidence building measures so as to increase scope of
IT services in Korea, also measures are needed to increase import
of generic industry and agriculture products in the Korean market
2.
Approvals for import of Indian generic drugs and agricultural
products into SK is not easy.

3.
4.

Land acquisition problems in india eg POSCO steel plant in odisha

SK are usually sceptical in sharing technology and knowledge and
hence they may demand special treatment not entering in to any JVs

Write a note on the importance of culture in the relationship

between India and Korea. (200 Words)
Cultural thread between India and South Korea dates goes back from the
ancient
times when a young princess from Ayodhya married King Kim soro of
Korea.
The various cultural facets which have given impetus to the relations are:
1.
Buddhism: originated in India, 2nd most popular religion in Korea.
Tourism potential - India's Buddhist circuit, HRIDAY partnership; evisas granted to Koreans. Diplomacy Modi planted sapling of Bodhi
tree
2.
Yoga and Ayurveda: Korea voted in UNGA for international Yoga day,
has an ageing population Yoga for fitness and wellbeing of body and
mind, Ayurveda has export potential.
3.
Bollywood: Korea as a market. Korea as a destination (Gangster film
shot there). Korea as source of inspiration (Korean films officially
adapted to Hindi like Man from Nowhere). Korea as a source of
investment - Korean production houses operating in India
4.
Hallyu, particularly K-Pop (Korean music). Ambitious industry,
extremely popular in China, Japan and SE Asia. India huge market,
relatively untapped. Slightly popular in NE (but because insurgents
banned Bollywood and no other option)
5.
Common cultural ethos. Society that values education, community
and respect for elders. Help in skill development and education
strategy, where Korea is a pioneer having emerged from sub-Saharan
levels of poverty to OECD status
6.
Cuisines of both the countries have gained familiarity and play a
binding factor.
7.
The Korean-Indian cultural Philip is also provided by the Korean
giants Samsung and LG which makes our Diwali (Dhanteras)even more
special.
8.
Cultural diplomacy be amplify our efforts to boost our bilateral
relations and aid in the economic prosperity and cultural wellbeing.

INDIA SRILANKA

Facts:

India will invest $2 billion in Sri Lanka in the next three-four years

ColomboPort City Project:

China and Sri Lanka have decided to develop into a financial
hub
o
Concern for India from strategic point of view.
o
However SL rejected the contention that like Gwadar in
Pakistan, the Chinese will manage the operations of the
Hambantota port.
Importance of India-SL cultural ties underscored when Modi and SL
President declared "Simhastha Declaration"
o
Simhastha Declaration has 51 sacred points for betterment of
mankind that will start new discourse not only in India but around
the world.
o
It is also a prescription on how a duty-centred system that had
been the origin of Indian philosophy of life is relevant in todays
India
India and Sri Lanka have a Free Trade Agreement since 1998.
ETCA : The Indo-Lanka Economic and Technology Cooperation
Agreement better known as ETCA (formerly CEPA) is a trade
agreement. The ETCA agreement seeks to boost cooperation in
technical areas, scientific expertise and research amongst institutions,
boost standards of goods and services able to compete on the global
market and improve opportunities for manpower training and human
resource development
The bilateral trade between India and Sri Lanka in 2015 was 4.6
billion dollars, of which Indian exports were valued at about 4 billion
dollars and Sri Lankan exports 645 million dollars.
o

Analyse why having good relations with Sri Lanka is important

for
India from security point of view. In this regard, examine what
efforts
have been made by India to forge strong relationship with Sri
Lanka
in recent months. (200 Words)
India shares not only great civilizational linkage driven by Buddhism but
also strategic partnership on diverse spheres of cooperation.
Fostering harmonious relation with island nation are crucial for protecting
our strategic interests in Indian ocean region.. At times when Chinese
expansionist policy is being manifested through naval bases in Maldives
and other nations, countering security challenges driven by 'String of
pearls' of China is imperative for securing our security and commercial
interests. In order to prudently scrutinize negative intentions of 'Maritime
silk road ' project of china, constructive ties with Sri Lanka is needed. In
keeping line with such objectives, India is geared to strengthen trilateral
defense linkages involving Maldives and Sri Lanka. we have reached to
successful realization of civilian nuclear cooperation and signed MOU for

cooperation in Nalanda university as well agricultural cooperation. The

much awaited NTPC power generating projects in Sri Lanka is expected to
achieve concrete realization. Besides, it is expected that through
constructive talks with present pro-Indian and pro- minority government in
Sri Lanka, we can evolve realization of 13th amendment for democratic
stability and demilitarization in northern province of island nation.
Thus, considerable efforts are being made towards strengthening bilateral
engagement in diverse sphere. India should realize the potential offered
through 'pro-Indian' approach of current government in trade facilitation,
tourism and people to people interaction

Critically analyse the contentious issues between India and Sri

Lanka relations. Also comment on the manner by which both the
countries have tried to address these issues. (200 Words)
Despite geographic proximity, strong past cultural and civilizational
linkages, some contentious issues have prevented the realization of full
potential
of
India-Sri
Lanka
ties.
1.

2.
3.
4.
5.

Issues of Tamils in Sri Lankas northern province- even five year

after the end of bloody civil war, Sri Lankan government has been
dragging its feet on 13th amendment based on 4 Ds- development,
democracy, devolution of power and demilitarization.
Fishing right issue- Indian fishermen fishing in Sri Lankan water with
hazardous equipment claiming traditional rights over the Palk Bay
area.
Growing Chinese influence- Chinese help in infrastructure building
and allowing Chinese submarines to dock in Colombo has raised
security concern in India.
Dispute over Katchathivu island
Trade issues- the signed FTA is complained to be heavily in favor of
india.

MANNER

of

solving

the

issue:

1.

Tamil issues are being addressed bases on 13th amendment. India is

pushing for power devolution with financial assistance for
reconstruction to make condition suitable for refugees to return.
2.
Fishermen issue has been recognized as a livelihood and
humanitarian issues avoiding any rigid stand spurring out of jingoism.
Fishermen bodies on both sides have resumed negotiation.
3.
Some gesture of new dispensation in Colombo has relieved New
Delhi
of
insecurity
due
to
Chinese.
Bonhomie, dialogue and building stake are the way forward to resolve
issues and

strengthen ties benefitting both sides. In this light Indias position of

abstain from voting during UNHRC resolution is welcome one.

ECONOMIC AND TECHNOLOGICAL CORPORATION AGREEMENT

ETCA agreement seeks to boost cooperation in scientific expertise,

technical areas and research amongst institutions between India and
Sri Lanka.

It also seeks to boost standards of goods and services to compete

on global market and improve opportunities for manpower training and
human resource development.

The ETCA initiative follows unfruitful negotiations on a

Comprehensive Economic Partnership Agreement (CEPA) between two
countries.

Objectives of ETCA:
i.
Strengthen and advance the economic, trade, investment and
technology cooperation.
ii.
Promote further liberalization of trade in goods, trade in
services and gradually establish transparent, fair and facilitative
trading, investment and investment protection mechanisms
iii.
Establish a cooperation mechanism and expand areas of
economic cooperation.

ELECTIONS IN SRILANKA

The recently concluded Sri-Lankan elections have opened new

doors for transition peacefully from what was becoming a military
state into the democratic norms of a civilised nation. How will it
impact the interests of India and the mutual relations between
the two nations? (200 Words)
Bilateral relations between the Democratic Socialist Republic of Sri Lanka
and the Republic of India have been generally friendly, but were
controversially affected by the Sri Lankan civil war and by the failure of
Indian
intervention
during
the
war.
India and Sri Lanka are member nations of several regional and
multilateral organisations e.g. SAARC, South Asia Co-operative
Environment Programme, South Asian Economic Union and BIMSTEC,
working to enhance cultural and commercial ties. Rajapaksa had allowed
China to enlarge its strategic footprints in Sri Lanka like never before like
docking of Chinese nuclear submarines and warships docking in Sri

Lankan

ports.

The new President wishes to implement 13th Amendment quickly. He has

chosen India to be the first foreign visit destination provide more positive
outlook
towards
India
than
his
predecessor.
India's National Thermal Power Corp (NTPC) is also scheduled to build a
500 MW thermal power plant in Sampoor (Sampur). The NTPC claims that
this plan will take the Indo-Sri Lankan relationship to new level.
Both countries agreed to re-engage on the issue of repatriation of
refugees currently in India back to Sri Lanka in last week is vital.
India wants peace and tranquility to prevail in the island nation. The
Tamils had been
feeling suffocated, as Rajapaksa failed to honour his promise to bring
them back to the
national mainstream. India may not have deep pockets like China but it
can make up for
it by its abiding concern for the well-being of the Sri Lankan people.
Assess how recent political developments in Sri Lanka can
affect its economic cooperation with India. Do you think these
developments are favourable to India? Explain why. (200 Words)
Sri Lanka is not only our closest nation separated by ocean but also share
largest Indian Population of Tamil citizen, hence having cooperative
relations is imminent. Recently, Maitripala Sirisena who was ex-party
member of Mahinda Rajpaksha who got separated from party and formed
party on secular, pro-minority and pro-India lines won election and
became
President
of
island
nation.
Indias economic cooperation with Sri Lanka will now improve definitely
because
of
following
reasons:
1.

India has NTPC coal based Thermal power plant project (2000
Crore), Underwater and overwater power transmission project (1000
MW, 3000 Crore) pending in Sri Lanka since 2005 is expected to get
necessary
push.

2.

Sirisenas view of pro-India is win-win for India as it will strengthen

Indias Look East Policy on the other hand it will lower the Chinas
Expansionism threat in Indian Ocean. Sirisena said, that he will not take
any step against Indias territorial security. It is friendly gesture toward
Indias diplomacy. It will save defense expenditure and arm race in
Indian
Ocean.

3.

Now, India can push Sri Lanka for fair investigation on ethnic
atrocities committed toward Tamilian people, which was stalled for long
time. Also International (UNHRC) can pass more clear resolution and no

threat for sanctions on Sri Lanka will be there. This will again win-win
for
India
as
well
as
Sri
Lanka.
4.

India can broker now for fishermen releases and also come up with
strict guideline on cooperative fishing on disputed water of
Kachatheevu island. Rise in Sri Lanka trade (45% of SL trade is with
India).
Tourism
boost.

5.

Good gesture toward India from Sri Lanka will also motivate
Maldives to cooperate with India and not submit to Chinas demand of
airbase
construction.

Hence, New political party accession to power is beneficial for India and
India must look Sirisenas visit to Delhi as an major opportunity to even
out past differences and come up with comprehensive development plan.
FISHERMEN ISSUE

What is the issue?

The fishermen issue continues to be a major irritant in the India-Lanka
ties. This issue has a socio-economic dimensions, livelihood and
humanitarian dimension and wants a long term solution to the problem.
Sri Lankas Position: It accuses Indian fishermen of straying into its
territorial waters. It wants Indian fishermen to immediately end bottom
trawling, a practice that depletes the oceans resources. It also has
refused to return more than 100 trawlers seized since 2014.
Indias Position: Fishermen from Tamil Nadu are only fishing in their
traditional areas, especially around Katchatheevu, an islet ceded to Sri
Lanka in 1974.
What are new developments in the issue?

India and Sri Lanka have agreed to set up a Joint Working Group
(JWG) on Fisheries and hotline between their Coast Guards

The JWG on Fisheries will meet every three months beginning

January 2017 while the Ministers of Fisheries on both sides would meet
every six months along with Naval representatives and Coast Guard to
discuss the protracted issue.

Terms of reference of the JWG

o
Expediting the transition towards ending the practice of
bottom trawling at the earliest.
o
Framing procedures for returning fishermen arrested by both
sides .
o
Possibility of joint patrolling.

However, both sides failed to resolve the issue of their seized boats which
has been an emotive issue in Tamil Nadu. This issue will be discussed at
the first JWG meeting.
SL PM VISIT
Todo: Cover outcomes
SL WAR CRIMES

UN Report:
urged Sri Lanka to establish a special court to try the horrific abuses
committed by the authorities and the rebels in the last phase of the
countrys civil war. Court should
integrate international judges, prosecutors, lawyers and investigators.
While the report found fault both with the authorities and the Liberation
Tigers of Tamil Eelam (LTTE) in respect of unlawful killing, it pulled up
the former on several counts, including sexual and gender-based
violence, enforced disappearances, and torture and other forms of
cruel, inhuman or degrading treatment.

Recently, major political parties in Sri Lanka rejected the Tamil

National Alliance (TNA)'s demand for federalism. Critically
examine the major demands of TNA, why Sri Lankan parties are
opposed to them and India's stand on the issue. (200 Words)
After 500 years of foreign rule Sri Lanka got independence in 1948. Major
ethnic communities in Sri Lanka: Sinhala, Tamils
Key Factors like LTTE , Indian peace keeping forces , 13 Amendment which
was signed during Rajiv Gandhi Times for devolution of powers to Tamil
Speaking Region Northeast region of Sri lanka and ceasefire by LTTE .
Major demands of TNA( Tamil national alliance) representing Tamils
present in
North-eastern region in Sri Lanka Are:1.
Devolution of power to north and eastern region of Sri lanka in the
form of Federalism.
2.
Recognise the rights of Tamils to live in Sri lanka who have been
living here from historic period .
3.
Steps to be taken to bring back those Tamils who fled during ethnic
conflicts to India or other regions of northeast Sri lanka .
4.
De- militarization of northeast region to 1983 times after which
militarization started .
5.
Establish international committee to look into Human rights
Violations done by Sri lanka Govt during Civil War.

6.

Recognise Tamils as citizens of Sri lanka and equal opportunities to

be given in public life
7.
Right to self-determination of Tamils. The other parties like majority
party UNP ( united national party ) is not in favour to give absolute
power to northeast region as majority Sinhalese and Tamils who have
been living there from a long time look down to Tamils who live in North
eastern region of Sri Lanka .
The Indian government attitude towards these development is that of non
interference in a sovereign nation although if India is trying to influence by
Back
channel diplomacy will be hard to say.
TAMIL ISSUE
India has legitimate security interests in the region and
legitimate concerns in the welfare of the Tamil citizens of Sri
Lanka. But neither the interests nor the concerns have been
served by the policies that India has followed, since 1983, to be
precise. Critically comment. (200 Words)
India's relations with Sri Lanka extend from economic, cultural to political
aspects. The foremost among them would be the security of Indian
interests in Indian ocean and welfare of the ethnic Tamils who hold a
cultural nexus with Indian Tamils. India since 1983, pursued many
activities to protect the legitimate interests and concerns but the success
of
them
was
marginal.
1.

When India made treaty with Sri Lanka in 1987 as

Jayawardene pact, The LTTE were given no consideration
aggravated the situation causing immense damage to India and
them
being
death
of
PM
of

Rajivwhich
one of
India.

2.

India spent its energy, resources, time by sending Indian Peace

keeping Forces which fought with LTTE, causing apprehensions in
Tamils of both countries who has a soft corner for the terrorist
organization.

3.

After LTTE was removed by Sri Lankan forces, India working to

reconstruct the lives of Northern region of Jaffna, but the denying of
land and police powers as promised earlier made Sri Lankan Tamils
restricted
and
no
freedom.

4.

From the beginning India was working for the betterment of

relations with Sri Lanka as both hold cultural relations too, but Its tilt
towards China has created security concerns in India. Recent docking a
submarine
in
Sri
Lankan
port
is
a
case
for
this.

5.

China's String of Pearls and Maritime Silk Road projects have raised
the question of hegemony in the Indian Ocean impacting the goodwill

that India earned so far by coordinating in economic, environmental

and
cultural
aspects
in
the
region.
Despite the drawbacks of legitimate policies not serving full purpose,
there are positives like consensus on fishing grounds and fishermen
releases, improving ties with sports like Cricket, India's work through
SAARC, cooperation like recent Civil Nuclear pact, coordination in
agriculture, education, new government first overseas visit to India
recently. It is in the best interests of both countries to establish a peaceful
cooperation that would enhance their ties along with growth.

What are the immediate and longer-term grievances of the

Tamils
of the north and east in Sri Lanka? How are these grievances met
by
the Sri Lankan governments? Critically examine. (200 Words)
Tamils in Sri Lanka are the largest minority community and thereby faced
lot of discrimination , violence along with political apathy in a long term.
Some of their grievances where government has taken steps include:

Formation of government in Tamil province was fulfilled with TNA

coming to power and taking political control over Jafana.
Replacement of the military governor by a civilian , the recent step
by the new government is another formidable step.

However

some

issues

that

are

still

in

the

hanging

include:-

Excessive military presence in north and east Sri Lanka creates a

disturbed environment, however government is in no mood to reduce
their presence.
Political empowerment , transferring of policing control and other
subjects to the provincial government is a long drawn request. The
13th amendment that can make this happen is still a promise , no
action yet taken on it. However the new government is optimistic on it.
The justice for human right violation and genocide is yet to happen.
Old and the new regime both have superficially dealt with the issue ,
bringing no respite.
Political rights, social empowerment , economic opportunities and
equal involvement, also control on ethnic violence are some immediate
grievances
of
Tamilians.

The new government should take the baton in their hand and resolve
these issues if they do not want another LTTE to be formed and take the
country back to the days of civil crises. Timely resolution of these steps
will only bring country back to normalcy.

Recent Developments:

New President Srisena is relatively more accommodative of the

demands of Tamilians in North

"2015 Geneva Resolution" is the broad framework negotiated

between different parties, which Sri Lankan government has to
implement

Large land parcels in North are still acquired by armed forces, which
are to be given back to Tamilians. Implementation of this clause is not
upto the mark.
UNHRC RESOLUTION ON SRILANKA
What is the issue?
Investigating the excesses during the last phase of the civil war that
ended in 2009
What did the resolution say?

It affirmed the importance of international involvement in the justice

and accountability process for serious crimes of an international
nature.

The UNHRC has tried to nudge Sri Lanka towards rebuilding civilian
livesthrough resettlement, reducing the military presence in the north
and east, and delivering accountability for past crimes through a
credible judicial process with international participation.
How SL saw this?

Until last year, Sri Lanka considered the process hostile and inimical
to its interests

Now, with a new government in Colombo, there has been

constructive engagement with the international community and Sri
Lanka says it is looking for ways to implement a unanimous resolution
adopted by the UN Human Rights Council in October 2015
What is the current status?
There are concern about the heavy military presence in Tamil areas,
noting that the process of the military returning land to its civilian owners
has been tardy. There is a lack of urgency in coming up with tangible
measures to build confidence among minorities and victims of human
rights violations
What is SL government doing about it?

Government has instructed the military to release by 2018 all

civilian land it holds.

Government has promised that the proposed judicial mechanism will

inspire confidence among the stakeholders
RECENT EVENTS

500 MW Sampoor Power Plant planned: NTPC + Ceylon Electricity

board
China and SL signed an agreement to build Financial City Centre in
Columbo
Economic and Technology Cooperation Agreement (ETCA) between
India and Sri Lanka, which would be an improvement over the existing
Free Trade Agreement (FTA), may soon be a reality

INDIA SUDAN
India Conducted first population census and even setup Election Commission.
ARREST OF PRESIDENT

Omar al Bashir - ICC arrest order, Amnesty International requested

India said it is not a signatory of Rome Statute

INDIA SWEDEN
Recent Developments:

India's President visit to Sweden

Memorandum of Understanding (MoU) between India and Sweden

on Technical Cooperation in the Railway Sector.
Write a note on areas of cooperation and their potential and
progress between India and Sweden. (200 Words)
The ties between India and Sweden were established in 1949 and are
founded on shared democratic values.
1.
Health: MoU signed for cooperation in mental health, care for
elderly. Good scope of cooperation in the field of control of
communicable diseases and antibiotics.
2.
Cooperation in environment: sustainable urban development,
integrated solid waste management, air and water quality
management, clean production and technology, climate change
including CDM and environmental health.
3.
Cooperation in Renewable Energy Nearly 48% of Sweden's energy
comes from renewable sources. India can duly harness their expertise.
In pursuance of the Memorandum of Understanding on cooperation in
Renewable Energy signed between the two countries in April 2010,
cooperation has commenced in the areas of technologies and/or

resources based on Solar Energy, Hydrogen/Fuel Cells, Geo-thermal,

Small Hydro and Clean Energy.
4.
Science and Technology Cooperation: With India's large pool of
skilled scientists and Sweden's strength in innovations, there is
excellent potential for cooperation in the area of science and
technology. Some of the areas being covered include: assessment of
food quality etc.
5.
Sweden is also a leader in smart grid technology and as a result its
T&D losses are in single digits. India's T&D losses, on the hand other,
go up to 35%, depending on the condition of the State Electricity Board
(SEB) in question, with over half of that loss coming from technical
issues of obsolescence and grid management. Thus, India can utilise
their expertise.
SUSTAINABLE URBAN DEVELOPMENT

MoU between India & Sweden on Sustainable urban Development

Sweden is a global pioneer in developing smart cities based on close
cooperation between private and public sector
India recently launched initiative to build 100 smart cities
Agreement will be helpful to develop, govern and manage these
cities a/c to best practices developed through close cooperation
Agreement focuses on Integrated urban planning and land use,
waste management, sustainable transport systems and water &
sanitation management

INDIA TANZANIA

Tanzania is an important East African country and has historical ties

with India. It has substantial population of around 70 thousand Indian
diaspora
Traditionally, Tanzania and India have enjoyed close, friendly and cooperative bilateral relations
In recent years, their bilateral relations have been marked by close
contacts at the highest political level including cooperation in the field
of medicine and health
MoU signed in the field of:
o
Traditional Systems of Medicine and Homeopathy
o
MoU for Establishment of Vocational Training Centre at
Zanzibar
o
MoU on Visa waiver agreement for Diplomatic/Official passport
holders
o
MoU on Cooperation in the field of water resource
management and development
o
Line of Credit

INDIA TURKEY

"The Kurdish People's Protection Units (YPG) has emerged as a

very potent anti-Islamic State (IS) force and makes it a
progressive alternative to the perverse world view of IS."
Elaborate and examine India's position on Kurdish movement.
(200 Words)

After the end of first world war, Ottoman empire was disintegrated and
Allied power
created Kurdistan for the Kurds who are nomads spreads across Syria,
Iraq, Iran, Turkey. But this never came in to picture and since then Kurds
have been demanding
autonomy and
Northern Iraq,

ultimately

Independent

Kurdistan

which

constitutes

Southeast turkey, small part of North and NE Syria and NW Iran.

The YPG not only challenges the IS militarily but also acts as a viable
alternative to its political ideology. The Kurds are social liberals with a
commitment to gender equality and secularism which makes them a
much better alternative to the IS.

Due to India's close relations with Iraq and an aversion to promoting

secessionist
movements, India has always supported a unified Iraq and avoided any
contacts with
regional Kurdish groups. However, in view of the changing circumstances,
India
could recalibrate its policies.

The Kurdish region is oil rich, has a good economy and is relatively stable.
Due to the
prominent role of Kurds in fighting IS, their demands for increased
autonomy would

be difficult to reject. Hence, there is a good chance that in the near future
an
autonomous Kurdish region might emerge as the first step towards an
Independent
state.

India must consider its own interests and engage proactively with such a
group while
balancing its relations with Iraq to ensure strong relations with a new state
should it
be established.
INDIA UAE
12/02/2016

Crown prince visited India

signed nine agreements covering cooperation in the fields of

currency swap, culture, investments in the infrastructure sector,
renewable energy, space research, insurance supervision, cyber
security, skill development and commercial information sharing.

However, the much anticipated agreement on India accessing UAEs

Sovereign Fund was not declared on Thursday. India should carry out
some structural changes in its economy to facilitate such an
agreement, demanded by UAE

(MoU) between India and the UAE on Sovereign Wealth Funds (SWF)
failed to materialise over concerns such as complex tax policies and
cumbersome processes for doing business in India.
14/04/2016
Mou to prevent Human Trafficking approved
06/05/2016
India -UAE currency swap agreement approved
The announcement of a strategic partnership between India and
the United Arab Emirates is being seen as a significant elevation
of ties as well as a sign of India's shift in the region. How will
India benefit from this shift? Critically analyse. (200 Words)

In recent past India has signed a number of strategic agreement with gulf
countries like UAE and central asian countries. The importance of such
strategic relationship should be understood from following perspective.
1.

Economic Partnership: UAE is third largest trading partner of India.

These countries have high forex reserve which India can leverage for
infrastructure investments and Make in India campaign. India is high
dependent on these countries for its energy requirement. Thus a strong
relationship is mandated for the energy security of the country.
2.
Military Cooperation: With the changes dynamics of gulf regions and
central asian regions, India needs to re-evaluate its policy towards
these countries. Though US is a strong power in the region, many
countries want security partnership with India. Considering when
Islamic state is growing fast and India faces the scar of terrorism. It will
be in India's favour to cooperate in counter-terrorism and exchanging
information.
3.
Political Risk Management: This region is in turmoil politically.
Growing Sunni Shias conflict, growth of ISIS, internal security threat
etc. If this region become unstable India's energy requirements will be
at risk. Thus maintain a military relationship with a motive to secure
balance of power will go a long way in ensuring India's future.
4.
Other Areas of Importance: There are lot of Indian immigrants in gulf
countries and they face many kind of hardship. It became important for
India to their interest considering when we receive so much in form of
remittance.
Moreover tourism, especially medical tourism holds lot of potential and
also a opportunities to further develop the cultural and commercial ties.
Overall Gulf region and Central Asian region is important for India from
strategic
point of view and unlike past we should maintain this relationship and
present our self as a development-oriented country.
Write a critical note on India UAE relations. (200 Words)
The UAE federation consists of 7 independent emirates. India-UAE
relations can be analysed in terms of trade, investment, defence, energy
security and expatriate Indians aspects
1.
Trade- India-UAE bilateral trade is 60 billion dollars making UAE
India's third largest trading partner. However India's trade surplus with
the UAE is negative due to crude oil imports. India needs to
aggressively push its exports of gems, minerals and food items.
2.
Investment- UAE is currently the 10th largest investor in India. UAE
has a sovereign wealth fund of 800 billion dollars. UAE's investment in
Indian infrastructure could be a game changer. The two countries have
previously signed a Bilateral Investment Promotion and Protection
Agreement (BIPPA) in 2013 to legally protect mutual investments.

3.

Defence-Indian and UAE despite signing a military agreement in

2011 have not found common ground in defence. Counter terrorism
operations against the rising ISIS and maritime security operations
especially in the Gulf of Aden must be prioritised.
4.
Energy security- The UAE meets 9% of India's crude oil needs.
India should increase crude oil imports from UAE to counter the ISIS's
control over Iraq.
5.
Expatriate population-2.5 million Indians live in UAE remitting 13
billion dollars annually. Many businesses set up by Indian expats are
likely to invest in India. However India must seek better laws for
humane treatment of Indian workers.
The PM's visit to UAE will be the first by an Indian PM in 34 years. There is
scope for cooperation in energy, trade, investment and security. India
must be cautious while doing so since the US discourages Gulf countries
from leaning towards any other nation

INDIA UK
RELATIONS
Facts:

Shares in each other's exports, both goods and services, have

steadily declined, and bilateral trade at $14 billion falls far short of
their $30 billion goal announced in 2010

After Brexit India and UK held talks on the possibility of inking a

separate U.K.-India Free Trade Agreement (FTA)

MoU between CERT-In and CERT-UK to promote closer cooperation

between India and UK for exchange of knowledge and experience in
detection, resolution and prevention of security-related incidents
Outcome of latest Modi visit:

Enhanced language on fighting terror groups, naming the LeT and

Hizbul Mujahideen for the first time, jointly pushing for the UN
Comprehensive
Convention
on
International
Terrorism
and
strengthening strategic cooperation and intelligence sharing through
annual consultations.
Outcome of Theresa May visit:

MoU on Ease of Doing Business : Under it, expertise from UK

Government will be made available to relevant departments and
agencies of the Indian Government for the ease of doing business
drive. Important areas of cooperation include tax administration,
regulatory regimes, support to businesses and start-ups, competition
economics etc.

MoU for cooperation in the field of Intellectual Property:

It includes exchange of experience, best practices and knowledge of IP

awareness among the public, businesses, industry, R&D organizations and
educational institutions
Visa Issue:

New Visa reforms that impacts India IT companies

From April 2017 onwards a company (including India-based), looking

to bring a worker into the U.K. for short duration, specifically to carry
out the work of another organisation, will have to pay them a minimum
annual salary of 41,500.

This minimum threshold represents a 67 per cent increase from the

extant limit of 24,800.

The reforms proposed include significant salary rises, levies and

restrictions that will distort the U.K. market, restrict access to the
much-required services and increase costs for all.
Critically analyse the relationship between India and Britain. (200
Words)
India and Britain share a very long historical, cultural, economic and
political relationship. After Independence, India remain part of
Commonwealth and it has played a crucial role in shaping India-Britain
relationship
1.

Trade: Britain is having investor-friendly environment with fasttracked visa which had attracted Indian investors at a fast pace and
made Britain, the most attracted investment destination of Europe
(Investment increase by 65%). Many Giant companies like Tata, Jaguar
Land Rover had invested in Britain and gained profit. Around thousands
of Indian companies are working in Britain and generating employment
while gaining profit. Now also Britain is struggling from the effects of
2008 financial crisis. To cope from this situation it need foreign
investment. This condition could be fulfilled by India at a large extent
because India is a fastest growing economies who need a foreign
market to expand. Both are fitting to each other need. But majority of
this trade is due to only a small number of Indian companies. The BTIA
(Bilateral Investment and Trade Agreement) which could provide
further impetus to economic ties is pending due to contentious issues
of Intellectual property, investor protection and dispute settlement
mechanism and Indian access to wine and agricultural products. There
are several other rumours such as of 'Brexit ' and 'Reverse
Colonialization' which can also hamper relations. Also, India is lacking
investment in UK in other area like chemicals, health, IT etc. This area
is required immense focus.
2.
Diaspora: Currently more than a million Indian lives in UK
contributing a great part of Indian diaspora there. Indian students
especially in undergraduate courses forms a major chunk of our
diaspora. But recent visa restrictions to non-EU countries caused

3.
4.
5.
6.

apprehensions in the minds of Indian investors. In 2010 UK imposed

strict immigration laws which has reduced the number of students in
UK up to 25%
Culture( cricket + Popular Indian cuisine + presence of huge Indian
diaspora ). Now, yoga can give an impetus.
Political ties ==Parliamentary exchanges have also taken place
under the banner of the Commonwealth Parliamentary Association.
Multilateral cooperation : India and UK cooperate at the EU, G-20
and UN. UK supports India's inclusion in UNSC as a permanent
member
Environment negotiation : Britain against CBDR in climate change.
But India insists on financial assistance from developed world for clean
technologies.

ECONOMIC
The U.K.s economic relations with India are very strong. India invests
more in the U.K. than the rest of the European Union combined.

UK invested USD 22.2 billion in India during the five-year period,

representing 9 per cent of all foreign direct investment (FDI) in the
country. Overall, however, the UK is the third largest foreign investor in
India after Singapore and Mauritius.

British companies currently employ 6.91 lakh people in India, working out
to 5.5 per cent of total organised private sector jobs.

KOHINOOR CONTROVERSY
19/04/2016
Background:
The return of Kohinoor diamond to India has been a long-standing
demand, with many claiming that the diamond was taken forcibly. The
fight to get back the diamond has been ongoing since Indias
independence.

The Indian government, believing the gem was rightfully theirs, made the
first demand for the return of the Kohinoor diamond soon after
independence. A second request followed in 1953, the year of the
coronation of Queen Elizabeth II. Each time, the British government
refuted the claims, saying that ownership was non-negotiable.

In 2000, several members of the Indian Parliament signed a letter calling

for the diamond to be given back to India, claiming it was taken illegally.
British officials said that a variety of claims meant it was impossible to
establish the gems original owner.

Current Government's stand:

The centre has told the Supreme Court that theKohinoor was given
away voluntarily to British. This was stated by the centre during a
hearing of a petition filed by an NGO, on whether the government intends
to make a bid to get back the Kohinoor. The heirs of Maharaja Ranjit Singh
gave the Kohinoor to the British as voluntary compensation to cover the
expenses of the Anglo-Sikh Wars.

Way ahead:
The court has asked the petitioner to file a comprehensive affidavit
covering all possible dimensions of the matter after consulting the
Ministry of External Affairs and the Union Ministry of Culture

INDO US
Why India-US relationship is booming?

India's Act East policy and the USA's rebalance to Asia compliments
each other.

Both see China as a potential rival in coming years

Both have strong commitment to ideal like Democracy, Secularism,

Anti-Terrorism etc.

Indian Origin people in USA are a strong lobby now both

economically and by their voter base.

What are some of the recent developments in this relationship?

1.
Defence cooperation has improved
2.
US is India's second largest trade partner for goods and by far its
largest export market.
3.
Multiple dialogue platform regarding trade have been revived during
the past year like Trade Policy forum, CEOs Forum
4.
US-India Infrastructure Collaboration Platform has been envisaged to
assist US companies explore infrastructure opportunities in India.
5.
Smart City - Allahabad, Ajmer, Vishakhapatnam
6.
US to give India back stolen artefacts including a Chola era Ganesha
idol
7.
India approved two major defence deals worth $3billion for purchase
of Apache and Chinook choppers.
8.
Creation of a $20 million U.S.-India Clean Energy Finance
initiative and a $40 million U.S.-India Catalytic Solar Finance Program,
with equal financial contribution from the two countries
9.
an announcement that the U.S. recognises India as a major
defence partner
What are some of the failures/issues?
1.
Failure to operationalise nuclear deal
2.
USA's continuing support for Pakistan
What role are US MNCs playing in this relationship?
1.
Qualcomm: $150 million India-specific Venture Fund formed
exclusively to fuel innovation and foster promising Indian startups that
were contributing to the mobile and IoT ecosystem.
2.
Google - wi-fi at 500 stations
3.
Microsoft - broadband to villages
Evidence of India's soft stance vis-a-vis USA:

India agreed to negotiate the reduction of hydrofluorocarbons

(HFCs) under the Montreal Protocol and

India also agreed for airplane emissions under the International Civil
Aviation Organisation Assembly (ICAO)
Highlight the importance of United States to the Indian growth
story. What are the irritants in the relationship between two
countries?
Comment
on
them.
(200
Words)
Globalization and rise of china has inevitably led to good relations
between US and India. In the present context of India's desire to eliminate
poverty, economic betterment and entry to the united nations security
council
hinges
largely
upon
it's
relation
with
the
US.
Importance

Energy security-India's focus on renewable energy and nuclear

energy largely depends on technology transfer and investments from
US companies.
Trade Relations-India's hopes of reviving it's manufacturing industry
through 'Make in India' depends upon the US investment. India's
agriculture sector and food processing industry has a lot to learn from
and co-operate its American counterparts
People to People relations-Better relations will lead to cross border
flow of information and ideas that will help India in developing its
knowledge economy
Huge remittances from US help India reduce its CAD therefore
assumes high importance
Threat of terrorism to both the countries have led to better cooperation between the two countries in ensuring internal security

Major

Irritants

India's solar policy which stipulates that the equipment to be used

should be indigenous is also a bone of contention between the two
nations as US feels this policy to fillip 'make in India' campaign is
against its companies and has challenged this policy at WTO.
Visa Issues-Stringent regulations on Indian emigrants has been a
bone of contention
IPR regulations-India's insistence on availability and affordability of
drugs and US pharma companies allegations of violations of IPR rules
has led to reluctance of US pharma companies to invest in R&D.
Unilateralism and military intervention in West Asia by the USA has
been antithetical to Indian diplomacy. The USA needs to be sensitized
better regarding Indian concerns in West Asia and the need to handle
them better.
Trade issues continue to be an irritant. Fights at WTO regarding visa
issues, poultry bans and solar subsidies, and Trade Facilitation
Agreement (TFA) are major issues of divergence. These can be solved
only through active diplomacy and drafting more commercial attaches
in US desks in the MEA.
The Bilateral Investment Treaty is far from conclusion. Indias refusal
to include MFN clause, taxation issues and Compulsory Licensing as
well as requiring US firms to arbitrate in India for 5 years before
resorting to international laws are important divergences. Separating
non-negotiable areas such as Compulsory Licensing, from others and
seeking to bridge the gap on them can help early resolution.
India and USA are in opposite camps on environment and climate
change negotiations. The Paris Summit has although included Indias
thrust on CBDR, it has dropped historic responsibility. There is less
chance of convergence on these issues
Arms supply to Pakistan by the USA, including the recently approved
F-16s continue to irk India. This requires some straight talking by Indian
diplomats as well as some fine lobbying by Indian groups on a

consistent basis to drive home the point that these arms end up in
hands of terrorists and can be used to threaten India.
Finally, eagerness of US to draw India into a military partnership in
Asia to contain China requires a tight rope walk.

Related Questions:

The US sees India as a swing state that can help it to tilt the
global strategic balance against China and Russia. Critically comment.
(200 Words)
BIT
How does the early conclusion of The Bilateral Investment Treaty
between India and USA benefit the two countries? What are the
roadblocks
in
its
path?
(200
Words)
Bilateral Investment treaties(BIT's) are agreements with other countries to
ensure that an adequate safe business environment is provided for mutual
investors abroad as well as encouragement of capital flows into their own
countries. Early conclusion of BIT's benefits both the countries because:
1.
2.
3.
4.
5.

Will create greater investment as well as job creation by creating a

friendly environment
Foster greater openness to investment, transparency and
predictability thus supporting economic growth for both countries.
Increase regulatory stability and decrease investor uncertainty.
Protection of Intellectual Property Rights (IPR's) will also be ensured
thus increasing trade relations.
Restricts the imposition of performance requirements and eases
transfer of funds in and out of the host nation without delay
Most Favored Nation (MFN) clause under BIT promotes free trade,
lesser
rules
thereby
enhancing
economic
growth

The

roadblocks

for

successful

Implementation

of

BIT

are:

1.

Investor-State Arbitration: India faced Arbitration cases under

previously signed BIT's
2.
Sector-by-Sector Limitation of Foreign ownership
3.
Performance Requirements: India uses tools that discourage
investments. For e.g. Foreign Investments are obliged to draw 30% of
products they sell from small Indian providers
4.
Labor and Environment issues: BIT's facilitate companies to move
operations to an area with weakest environment and labor regulations
Why India is reluctant?
American companies are very keen on the BIT, as that will ensure
protection of their investment under international law. From Indias

perspective, it is argued that this might boost US investment flows to

India, which is critical for the success of Make-in-India. India and the US
started negotiating a BIT in 2008-09. However, these negotiations were
interrupted when India decided to launch a review of its BITs and adopt a
new
model.
The major speed-breaker in US-India BIT negotiations is the lack of clarity
on Indias stand on BITs. India discovered in 2011, more than 15 years
after having signed the first BIT in 1994, that these treaties could be used
by foreign investors to challenge sovereign regulatory measures of Indian
state at international arbitral forums. This late learning happened after
India lost a BIT dispute in 2011 to White Industries, an Australian
company.
Other issues:

India and the US have had been opposing each other at the WTO
pertaining to poultry imports, solar panels

Recent fee hike in two major visa categories (H-1B and L1) by US
has also added to the tension

Indias model BIT excludes most favoured nation clause, taxation,

compulsory licences and intellectual property rights from its purview,
which has not gone well to US

And the most controversial provision of investor-state disputes, it

requires investors to pursue domestic courts for at least five years
before resorting to internationalarbitration.
CHINESE ANGLE
India's relationship with US should not be solely seen from
Chinese angle. Instead we should move towards developing a
prosperity triangle between the future world's three largest
economies. Critically analyse. (200 Words)
India believes in a multipolar world view and aspires to be one of the significant
poles. Right from the NAM it has been in India's foreign policy to foster friendly
relations with all the countries.
Rather than looking at the India-US relationship from the Chinese angle, it is
more important to have good equations with both the nations.
Inspite of many disputes with China like the border issue, dumping etc. ,we need
to look at the bigger picture. Beijing and Delhi share many areas of symbiosis
like
1.
2.

fight against terrorism,

promoting development in the under developed regions which are
adjacent (NE in India and Yunan province in china)

3.

Demographic dividend our youth bulge coincides with the graying of

china
4.
Securing of energy supplies
5.
Mineral resources of Afghanistan
6.
Also common agendas on global issues like world trade talks, climate
change negotiations, the primacy of state sovereignty and the need to reform
global-governance institutions
Similarly US is important for India as
1.
securing a seat in UNSC
2.
Energy security- civil nuclear energy
3.
US overtook Russia as the biggest weapon supplier to India
4.
India wants companies in US to help lead investment of $100 billion in
renewable Energy
5.
Sharing of intelligence inputs
So it is important not to shadow the relationship with one by the other and avoid
US or China strengthening relations further with Pakistan as that could mean a
threat to India
CLIMATE

The departure of the Indo-US climate talks from "equity" and

"common but differentiated responsibilities" is an attempt to
evade historical responsibility by USA. Critically analyse. (200
Words)
Kyoto Protocol, Lima talks And Paris convention 2015 All aimed at
Cooperation and Sustainable development and Mitigating ,adapting the
climate change . For this to happen GCF fund was announced which will
help DC/LDC in mitigation and adaption through funding ,tech-transfer
from Developed Economies on principle of "historical Reasons"
It was also stated that Climate change is world issues thus common
responsibility however Developed states will have greater responsibility
thus was Coined CBDR. Recent India-US talks which concluded gave
immense jubilation in the other issues however it did not fructify in the
climate
talks
despite
India
Changing
of
Stance
1.

India even Agreed US proposal of Phasing out HFC under Montreal

protocol [on Depletion of Ozone layer] which could have been used as
negotiating cards ahead in Paris 2015
2.
$100bn GCF fund which required further fund as committed , Still US
Non-committal on Climate talks before Paris 2015 is sign of US will not
be giving more funds as promised
3.
There was commitment of $2bn on Investment on renewable,
however it is unclear whether the same will be used in Importing
technology
4.
A low level Committal on Partnering given R&D activities.
Given NATO troops going back and Emerging US economy, India being
highest US Arms importer it was expected that US will show some

committal on it however it sidelined and dropped the text of climate

change from talks, despite the India willingness to partner US for Climate
talks.
DEFENCE TIES DTTI

In a clear signal of Indias importance, both as a major buyer and

potential collaborator in the defence sector, the Pentagon has
established its first-ever country special cell to speed up defence ties
between India and the United States.

The India Rapid Reaction Cell (IRRC) is part of the efforts to pursue all
aspects of the India-U.S. Defence Trade and Technology Initiative (DTTI)
The cell looks at ways to transform bilateral defence relationship without
any bureaucratic obstacles, move away from the traditional buyer-seller
dynamic to a more collaborative approach, explore new areas of
technological collaboration and expand the U.S.-India business ties.

$3 billion deal: Contract for purchase of 15 chinook and 22 Apache

helicopters signed.

Malabar Exercise:

Naval exercise of India and USA

Push is to make it permanently trilateral by adding Japan (China

worried about it --> USA's Asia Pivot policy to contain China)

2007 edition had Japan, Singapore, & Australia along with India and
USA
17/05/2016
India-USA held first maritime security dialogue
__________________________
20/04/2016
India and US are moving towards three foundational
agreements

Logistics Exchange Memorandum of Agreement or LSA Logistics

Support Agreement (LSA)

Communications Interoperability and Security Memorandum of

Agreement (CISMOA)

Basic Exchange and Cooperation Agreement (BECA)

Significance of these agreements:

The most immediate utility for New Delhi of these agreements is the
expected gains in defence co-production with the US as the latter
eases the terms of technology transfer

For that, the signing of these agreements should be strictly made

contingent on US assurance on transfer of technology

Impediments in defence partnership:

Indias red tapism

Offset policies

The major impediment is Washingtons reluctance to share high-end

technology
__________________________
Critically comment on defence cooperation between India and
USA. (200 Words)
While traditionally, India and the United States have not had very close
co-operation in High Technology areas that has been changing in the
recent past. India and the US are collaborating in a range of areas, out of
which Defense is a major area of cooperation.
1.

2.

3.

4.

5.

Defense Framework Agreement - A 10 year Framework

Agreement on defense was first signed between the two countries in
1995 and renewed in 2005 and 2015. All defense co-operation between
the two take place within that Framework.
Bilateral Exercises and Joint Training - The two countries now
participate in more military exercise with each other than with any
other. Malabar is an annual bilateral exercise between the Navies of the
two countries. India accepted an invite to participate in RIMPAC (rim of
pacific)- a US organised naval exercise. The forces of both the countries
regularly train at defense training establishments of each other.
Institutional Mechanisms - There are many institutional
mechanisms to promote defense co-operation between the two. There
is a Defense Policy group, a Defense Procurement and Production
Group and a Defense Joint Working Group. This is in addition to the
direct Service to Service Executive Steering Group.
Defense Equipment - Indian imports of defense equipment form
the US has crossed $ 10 Billion. Along with trade, India and US have
established a Defense Trade and Technology Initiative to promote codevelopment of defense technology. [A modern acquisition of Indian air
force from the US C- 130J super Hercules military transport aircraft
crashed]
Information sharing for counter terrorism operations is highlight of
the relations.

However, the legacy of Non Alignment along with other strategic reasons
is causing a hindrance in closer co-operation in strategic areas like
defense manufacturing. While India is the largest democracy, the US is
the oldest one and both countries share common ideals and common
vision. It is thus imperative that they take a holistic view of their
relationship and develop even closer ties.

04/04/2016
A sophisticated engagement with the US is in Indias interests.
But there is reason to worry that the escalating nature of our
defence agreements with the US will put us on a slippery slope
where we may not be able to manage our own geopolitical
positioning in the worlds major conflicts. Critically analyse. (200
Words)
Recent developments like
1.
U.S.-India Defence Technology and Partnership Act in US Congress
which would institutionalize Defence Technology and Trade Initiative
(DTTI) framework between India and US.
2.
Ongoing debate regarding signing of agreements like logistics
support agreement (LSA) which will allow use of Indian bases for
logistic purposes and vice versa, and likewise Basic Exchange and
cooperation agreement (BECA).
3.
Emergence of US as the largest arms supplier to India
4.
Currently India conducts more military exercise than any other
country
These all are signs of increasing defence and strategic partnership
between the two.
These developments certainly benefit India's defence capabilities and
defence Industrial complex but one cannot discard the inclination of US
towards India in wake of more assertive communist China and power shift
from the west to the east.
India should be wary and cautious because:
1.
India losing its strategic and sovereign defence sphere to US
because of the need to provide bases to US
2.
India's lack of defence Infrastructure in the wake of expansionist
china cannot be balanced with such partnerships in long run until
unless India has a full-fledged and sustainable defence industrial
complex. One lesson that India can learn from its over-dependence on
Russian defence infrastructure for several decades in last century.
3.
Can make Russia (a trusted partner for India) weary of plans of
India
4.
Such partnership might get involved India in geopolitical problems
which are not of its own making.
5.
India should play a role to diffuse global conflict rather than
escalating the tensions.
6.
US's role towards Pakistan is not clear, its support of Pakistan both
economically and through the supply of defence equipment has led to
an upsurge in India's defence expenditure as well. Such situation has
not led the subcontinent to get rid of actual problems like health,
illiteracy and poverty.

7.

Increased presence of US in Indian Ocean region because of support

to pivot to Asia through these agreements can disturb the peace and
stability
8.
Relations with China can take a backseat as it can view relations a
counter to OBOR and a containment of China
9.
Vulnerability to India in case of conflict with US itself
However, the concerns may be unfounded because1.
Countries like France and Germany have similar arrangements with
US and they not necessarily align with US as happened in US invasion
of Iraq in 2004
2.
Diversifying the defence relations with US seeks to strengthen the
notion of Multi-polar world
3.
Will be seen as counter by India to growing China-Pakistan closeness
and can make China mend ways
4.
Unnecessary geopolitical tensions of South China Sea that impact
India's interest (OVL in Vietnam) would be kept in check
India should tread on this path very carefully and not let in any way
compromise it stand in the global domain. India would not be able to
stress its role in international arena until and unless it is viewed as an
independent power rather than walking crutches from US or any other
world power for that matter of fact.
25/04/2016

Should India be cautious of over indulging with USA?

With increasing defence cooperation as seen by the DTTI ( defence
technology and trade initiative) and the LEMOA (logistic exchange
memoranda of understanding), India has grown a closer defence
partnership with the USA. This could lead to;
1.
An informal military alliance with Washington and possible request
for participation in armed conflict.
2.
Possible embargo of weapons and ammunition to India in case of a
conflict of interest.
3.
Possible loss of sovereignty of Indias foreign policy.
4.
Possible strain in Indo-Russia and Indo-Chinese ties due to this
growing partnership.
However, such fears are unfounded because;
1.
India has a diverse base of weapons suppliers including Russia and
Israel.
2.
None of these treaties include basing rights or rights to use Indian
assets by the USA anywhere in the world.
3.
Countries like Germany and France(in Libya) and Turkey (in Iraq)
have successfully opposed the USA with respect to international issues
though they are all crucial allies of the USA.

Therefore, though these agreements do not mean an alliance of any sort,

India must take care to ensure that it is not perceived so by either her
allies or her enemies. What is important is the realization that the Indo-US
closeness is just one among many handshakes of India in her quest to
build stable international relations.
21/05/2016
USA has passed National Defence Authorisation Act (NDAA)-2017 to
enhance the countrys defence cooperation with India. The bill seeks to
bring India at par with USs NATO (North Atlantic Treaty Organization)
allies for technology and equipment sale.
Related Questions:

Do you think Indias growing relations with USA constrainIndias

ability to conduct its diplomacy with other major powers like China and
Russia? Discuss. (200 Words)
FATCA

Analyse the significance of recent agreement signed between the

governments of India and the United States to implement the
Foreign Account Tax Compliance Act (FATCA) for both the
countries.
(200
Words)
Foreign Accounts Tax Compliance act signed between US and India ushers
in a new era of taxation cooperation between the two governments
providing
significant
benefits
to
each
country.
FATCA places in a mechanism for automatic and systematic exchange of
tax related information of resident of USA in India and vice-versa to ensure
undisclosed
assets
don't
remain
untaxed.
For
1.
2.
3.
4.
5.

6.

India,

FATCA Will aid in its thrust to uncover Black Money stashed abroad
Complement the Black Money Act-2015 by providing requisite
Information to launch tax investigations
Insulate Companies in India from 30% withholding tax that would
have been levied by US Revenue Services in case of no
intergovernmental FATCA
It will serve as a broader model for more bilateral collaborations
between different countries including the various tax havens.
Economic significance--- India-us agreement on FATCA will foster
genuine investments contributing to positive growth. The tax
compliance will bring legitimate revenues to both the countries that will
benefit the fiscal situation of both the countries.
Money-laundering---the tax evasion has important linkage with
money laundering and illegal proceeds. Terrorism financing are now
using sophisticated financial channels to find anti-state activities.

Checking such proceeds by regulating tax information will bring both

the
countries
closer
in
counter-terrorism
efforts.
For USA, FATCA ensures bringing more tax evaders having offshore assets
under the radars of tax investigation being conducted by it IRS ( Internal
revenue Service) to enhance tax transparency and ensure an equitable
tax regime. Hence FATCA brings good news for tax administration in both
India and USA.
LEMOA

Logistics Exchange Memorandum of Agreement

India and the U.S. have signed a logistics support agreement

Objective: It would make easier for militaries of both countries to

share each others facilities like refuelling and birthing facilities

Background: The US has been pressing New Delhi to sign the

agreement for the last 10 years

Provisions:
o
It will provide access to supplies, spare parts and services
from each others land facilities, air bases and ports, which can then
be reimbursed
o
It also provides a framework that governs the exchange of
logistics support, supplies and services
o
It does not provide automatic access to the use of military
bases
o
But American troops cant be stationed on Indian soil.
o
New Maritime Security Dialogue
o
Logistical support with regard to weapons facilities
wouldinvolve non-offensive military equipment
o
This supportwill involve cashless transactions on a reciprocal
basis

Impact: This would move India closer to the US as a strategic

partner

Why now?
o
Non Alignment stance of India
o
Agreement is considered too intrusive for a non-aligned
nation

China is vary of India's move and watching the development

closely.
LEMOA is one of the three foundational agreements that guide US high
technology cooperation in defence sector with other countries. Other two
are

Communications Interoperability and Security Memorandum of

Agreement (CISMOA) and

Basic Exchange and Cooperation Agreement for Geo-spatial

Cooperation (BECA).
What is CISMOA?

CISMOA will allow the US to supply India with its propriety encrypted
communications equipment and systems. Thus, it will allow to secure
peacetime and wartime communication between high-level military
leaders on both sides.
CISMOA will also extend this capability to Indian and US military
assets, including aircraft and ships.
So far US has blocked sale of some of its advanced technologies and
sensitive equipment to India on account of non-signing this
agreement.

What is BECA? BECA would facilitate exchange of geospatial information

between India and US for both military and civilian use.
NUCLEAR DEAL

India proposed the creation of a 'India Nuclear Insurance Pool in

its agreement with the USA regarding nuclear liability law.
Examine why has India proposed this insurance pool and its
nature and benefits. (150 Words)
With the 1984 Bhopal gas tragedy still fresh in India's mind, parliament
passed Civil nuclear Liability Act that makes equipment suppliers
ultimately responsible for an accident, a deviation from international
norms
that
the
companies
found
hard
to
swallow.
India and Washington first reached a nuclear deal in 2006 allowing New
Delhi access to nuclear technology and fuel without giving up its weapons
programme.
But
the
liability
issue
blocked
progress.
As a solution to this, The India nuclear insurance pool is a risk transfer
mechanism instituted to facilitate negotiations between the operator and
the supplier concerning a right of recourse by providing a source of funds
through a market based mechanism to compensate third parties for
nuclear
damage.
General Insurance Company and four other PSU insurance companies will
together contribute Rs 750 crore to the pool. The government will
contribute the remaining Rs 750 to build the initial pool of Rs 1500 crore.
Since the operator is primarily liable, the pool will cover the operator and
suppliers.
There will be three kinds of insurance products offered - one, for
operators, another for turnkey suppliers, and a third for all other suppliers.
This has been crafted specifically keeping Indian companies in mind.
Benefits
1.
2.

of

the

The risks will be shared between operators and suppliers.

Majority of the liability is covered by the insurance pool.

pool:

3.

India will be able to access a pool of international funds once it

ratifies the CSC.
4.
Operators and suppliers instead of seeing each other as litigating
adversaries will see each other as partners managing a risk together.
5.
Would promote other countries to make similar investments in India
6.
Will
benefit
tax
payers
in
the
long
run
This is a milestone for civil nuclear energy and Indo-US partnership and a
right step
which seeks to achieve the motive of the Civil Nuclear Liability Act.
Why India-USA Nuclear Deal is not be a good deal for India?
US reactors are costly. Even US itself has rejected Westinghouse AP
1000 reactors due to their high cost. Building 6 reactors will cost Rs 4
lakh crore and electricity tariff will be around Rs 25 which is too high.

The government has ratified the Convention on Supplementary

Compensation (CSC) for Nuclear Damage that contradicts Indias
domestic liability law and protects nuclear suppliers from liability for an
accident.

India may get NSG membership because of USA's push in return of

this deal. But NSG membership is irrelevant for India's energy issues.
NSG membership may additionally allow India to acquire enrichment and
reprocessing technology. However, since Indias indigenous heavy water
reactors do not use enriched uranium and imported light water reactors
come with associated fuel contracts, this technology has little
significance for Indias electricity sector

PEOPLE TO PEOPLE

Indian Students in USA

1995: 31000
2015: 1.02 Lakhs

"People-to-people ties between India and the U.S. have been

more robust than state-state relations." Discuss the causes and
consequences of this kind of ties between India and USA. (200
Words)
There are broadly three types of relations between any countries. Peopleto-People (P2P), Government-to-Government (G2G) and third is Businessto-Business (B2B).
Among all, P2P is the strongest force which holds close relationship with
any state or
country in comparison to G2G and B2B. There are various reasons which
can be seen

as a more robust P2P ties between India and U.S.

1.

2.

3.

4.

5.

No linguistic Boundary: India being the part of British colonial rule

for more than 200 years so English was inherited as it is and prospered
and adopted by our constitution as well. Hence, Language never came in
between the closeness and ties.
Democracies: US is biggest democracy after India and having most
of the rules and freedom provided by the constitution is almost same.
Despite being cultural differences people love to go and mingle in
America due to same nature of rules and regulations.
Education and Research: In late 60s and 70s most of our
intellectuals went to U.S. for pursuing higher studies and settled there
with the families creating more harmonious environment for others as
well. Continuously this trend was grown and It can be seen that in most
of the research or academic facilities there are more number of Indians
than any nationals in U.S.
Globalization: It can't be said that there is no effect of globalization
on this. India and U.S. came closer after 1991 economic reforms. In that
way more and more American companies started giving employment to
Indians and hence the pattern is still growing and prospering.
Cultural diffusion: There has been a more cultural diffusion such as
one can't neglect the impact of Hollywood movies and American TV
shows are also being popular day by day. Pizza, McDonald and other
foods and cuisines we can see in our smaller towns. It's not only the
impact our country but the vice versa.

These P2P ties have given govt. a leap to deepen its ties with U.S in other
area such as
defence, energy and strategic relationship, IT and Health. In my opinion,
these all are well and good but India must maintain a cordial balanced
relation with U.S rather than fall into the trap of varying foreign policies of
U.S. Above all, India is developing country so it must make sure the
interest of people should not be compromised on any G2G or B2B
partnership going ahead in future
The consequences of which are:
1.
Strong people to people ties have spilled over into political
engagement and strong state-state ties.
2.
Indian-Americans occupy certain important posts. They influence
policy making to be suitable to India.
3.
Indian Diaspora is influential and their large economic and political
clout helps.
4.
The presence of large number of Indians and the high remittances
sent make indian government pursue good relations with America.
PRESIDENTS VISIT
5.

The US president's visit is important from the perspective of

furthering bilateral ties, as it is to show the world that India is

ready to play a central role well beyond its borders. What are
the important areas of collaboration between the two nations
and how will it impact India's interests? (200 Words)
U.S and India are divided by geographical distance but their concerns
and aims are parallel. With closer collaborations on number of areas it
will be win-win situation for India because India has many things to
learn,
acquire
and
ask
from
US.
Some
areas
are:
1.

Nuclear Deal: U.S and Indian officials will discuss ways to

unblock billions of dollars of potential trade in nuclear energy. India
and the United States signed a landmark civilian nuclear deal in
2008. Holding up the trade is India's reluctance to pass legislation
shielding suppliers from liability in the event of a nuclear accident, a
deviation
from
international
norms.

2.

IPR impasse: Pharmaceutical Lobby in US is strong and

constantly pressing Democratic Party to bring India under scanner to
respect US patents and not use them in the generic medicines.

3.

Boosting trade: Right now trade between India and US is in

tune of $100billion. It has to be increased to $500billion. Modi and
Obama's last year targeted a five-fold increase in annual trade to
$500 billion. But US business leaders have been frustrated by limits
on their access to the Indian market, and battles over intellectual
property protection. India and the United States have also filed
several cases against each other at the World Trade Organisation
over protection of their domestic steel, poultry and solar industries.

4.

Strengthening Look East: U.S is constantly worried

economically and diplomatically with the rising of China, Hence she
wants to use India's Location, demographics, economy and
diplomacy toward counter balancing the China's dominance in Asia.
With weakening Japan and strengthening India it becomes
imperative.

1.

Fighting Terrorism: India and U.S have this common weak

nerve which is taking good amount of money and resource. With US
phasing out from Afghanistan, India is more worried about future
militant outfits in the region. Both nations can chalk out some plans
to tackle terrorism in Indian subcontinent because Afghanistan,
Levant and Pakistan are breeding ground for terrorism.

2.

Climate change and Clean Energy: Climate Change: The

United States and India are expected to announce efforts to work
together to combat climate change ahead of key global talks in Paris
later this year. India, the world's third largest carbon emitter, is
reluctant to follow the United States and China in committing to a
peak year for emissions on the grounds it needs economic growth to
alleviate poverty. Instead, India is likely to trumpet its plans for a

rapid expansion of renewable energy, for which it needs US

investment and technology, and improving energy efficiency.
3.

Ease of FDI: With new government in India, Share market at

its peak, Inflation controlled, Industrial production rising. It is the
best time, India can look for FDIs. Deep Collaboration between India
and
US
will
attract
FDI.

6 India's interest to acquire latest drone and surveillance technology

7

Defence Deal: India is world's largest importer of Defence

equipment, US has become largest exporter to India surpassing
Russia. She wants to hold this position for future trade relations.
India is pressing US to transfer some knowledge about the arms that
are
exported.

8 Renewable Energy: India wants companies from the United States

to help lead investments of $100 billion in renewable energy.
9 Sharing intelligence about critical issues: In the secret world of
intelligence, where trust is a commodity best not discussed, the US
and India have emerged as very unlikely partners. The US is today
the most important supplier of intelligence and information to India,
from being a rival until a few years ago, sources across intelligence
and
security
agencies
say.
10 Relaxed H1-B visas norms for skilled Indian workers. India's
massive information technology and outsourcing industrywhich
earns billions of dollars sending Indian engineers and programmers
to the U.S.wants America to raise the ceiling on the number of
skilled-worker visas it issues every year. Right now the ceiling for H1B visas is 65,000 per year, a quota that is usually reached in a
matter of days. India's software companies and the many U.S.
companies that depend on their services want a higher ceiling.
11 Sanctions against Russia: India continues to be at odds with US
diplomatic positions, especially with regard to Russia, which it still
considers a friendly state. India has refused to back the sanctions
imposed against Russia by Western nations in the wake of its
abetment of pro-Russian rebels in Ukraine. Meanwhile, US sanctions,
coupled with a global crash in crude prices, have dealt a near-death
blow
to
the
Russian
economy.
12 Afghanistan-Pakistan Issue: As always, the US Af-Pak policy will
be under the spotlight. With the US pullout nearly complete and a
new government in Afghanistan, both Pakistan and India are
jockeying for strategic depth in Afghanistan. India alleges that
Pakistan continues to nurture jihadist elements and terrorists within
its borders to destabilise Afghanistan. Some of these non-state
terrorist groups have also been used against India, such as the

26/11

Mumbai

terror

attacks.

Both nations holds hopes on each other in time of global cooperation.

India has golden opportunity that at the starting term of Lok-Sabha we
have opportunity to collaborate with world powerful economies to deepen
ties. If negotiated well and leaving behind internal indifferences on
policies, we will reap huge benefits.
STRATEGIC AND COMMERCIAL DIALOGUES
Obama-Modi established the Dialogue process to improve synergy in
business and commerce.
What has been done till now?
Both side focus is to boost the renewable energy sector, the both
sides are working on the US-India Energy Finance Initiatives, which is
expected to mobilise upto $400 million by 2020

To ease the defence production procedures, the Government of India

has introduced a new Defence Procurement Procedure which has made it
much simpler to take advantage of the immense opportunity for defence
production in India

The Government of India has shortlisted 33 cities for development

as smart cities and will be collaborating with U.S on three of these

FDI reforms: As part of FDI reform measures, the FDI policy has been
further simplified and conditions relaxed

US Corporate sector flags following issues:

Weak contract enforcement
Unpredictable policy & Tax regime
Opaque regulatory mechanism
Rigid labour laws
Drive against foreign NGO's is also a sticking point

Issues raised by India:

Fee hike in H1B and L1 visas

Delay in BIT negotiations

NOTE: Use Strategic and Commercial Dialogue as a keyword in India-US
relations answers. Don't focus too much on factual information.
S&T

Indo-USA collaboration - The Ocean Mixing and Monsoons and Air

Sea Interaction in the North Indian Ocean - Regional Initiative

As part of this collaboration Joint Indo-US field study was

carried out in Bay of Bengal to understand Monso

TRUMPS IMPACT ON INDIA

Positive implications:
1.
Foreign Policy and Terrorism: Trump has used strong words on
the need to curtail ISIS and curb immigration from countries that export
terror. This would comfort India, which has seen a surge in support for
ISIS among its young population. If Trump fulfils his promise of restricting
immigration, that would further hurt Pakistan. Trump has also planned to
expose networks in American society that promote radical Islam and
rewarding people to report those exhibiting signs of radicalisation to
authorities. This would come as a big boost to Indian governments own
domestic security policies which focus on the need to curb growing
Islamic radicalization in India.
After coming to power, the Modi government has been proactive in using
the National Investigative Agency (NIA) to apprehend people influenced by
or supportive of ISIS. Trumps ideological offensive against radical Islam
could be a force multiplier for the Modi government.
2.
The Energy Plan: Trump has promised to unleash Americas shale
oil, natural gas and coal reserves to make U.S energy self-sufficient. If
elected president, he has also promised to open onshore and offshore
leasing on federal lands and lift the moratorium on coal leasing.
India, like many other nations in the world, is at the mercy of Organisation
of Petroleum Exporting Countries (OPEC) when it comes paying a price for
oil. A rise in the price of fuel bleeds Indias domestic oil companies, throws
the governments fiscal deficit targets in disarray and leads to a spike in
the prices of essential goods.
If Trump were to come true on his promises, India could benefit massively.
Opening up of the US oil sector could lead to price stability globally. It
could also throw open massive business opportunities for Indian oil
companies including the state owned Oil and Natural Gas Corporation of
India (ONGC) whose foreign arm ONGC Videsh Limited (OVL) has been
expanding its operations globally.
3.
Plan to curtail Chinese Trade: Trump has threatened to label
China as a currency manipulator. He has called for imposing higher tariffs
on Chinese goods, initiate litigation against China for stealing American
trade secrets and bring trade cases against China at the World Trade
Organisation (WTO) to force it to cut down its trade subsidies. Trump has
harped on the need to reduce the trade deficit with China which touched
a record high of $365 billion in 2015. If Trump fulfils his promises and
decides to curb Chinese imports, it may benefit India.
4.
Reviving the American Economy: Trump plans to boost GDP
growth to 4% by adding 25 million jobs over the next decade. He plans to
do this through his lower corporate tax rate plan and easing regulatory
frameworks for businesses. He has also promised to cut federal spending
to balance the budget through his penny plan that envisages cutting one
cent for every dollar in the federal budget over the next few years. That
would mean an enhanced role for private businesses in creating jobs to
achieve Trumps targets. That would mean enhanced opportunities for

not just big businesses in India but also smaller ones to invest in the
U.S.
5.
EB-5 visa programme: The EB-5 visa programme is likely to
further gain traction in India if Trump were to follow through with his
agenda of cutting federal spending while at the same time easing
regulation for businesses. Under the programme, Indian businesses
would require to invest a minimum of $1 million and create at least 10
jobs for American workers. If any entrepreneur can do this in the U.S,
they are eligible for a green card. India has 2.5 lakh millionaires and the
number is expected to double by 2025. That would mean more
opportunities for Indians to invest in the U.S and get that much coveted
and aspirational green card.

Negative implications:
1.
The Tax Plan: One of the highlights of Trumps economic campaign
is his plan to reduce corporate tax rates in the U.S to 15%. At present the
rate stands at 35%. This would make the U.S one of the most attractive
destinations in the world for businesses, especially for American
businesses that have set shop in other countries to improve their
profitability by paying less taxes. If Trump were to implement this plan,
U.S businesses in India could be lured back to American soil.
2.
Cutting Down Immigration: Trump has called for making
Americans being prioritised for open jobs and restricting skilled visas to
make more jobs available to Americans. That would be bad news for top
Indian IT companies that make their billions by using the H1B visa
programme that allows low cost skilled Indians to work in the U.S. Trump
had earlier termed the H1B visa regime unfair. And later in a bid to earn
the support of the Indian-American community, he softened his stand.
But Indians companies know that every American presidential opposes
the H1B visa programme while pitching himself to be elected and never
follows through with the promise of curtailing them once in office.
3.
Scrapping Obamacare: Trump has used colorful adjectives to
describe Obamacare during his campaign and has vowed to scrap the
scheme aimed at providing affordable healthcare to Americans. That
could be bad news for the Indian pharma sector. As pointed above,
pharmaceuticals constitute the second biggest exports of India to the
U.S. Indias strength in manufacturing affordable generic drugs
complemented the objectives of Obamacare. Indian generic drug
companies had gained massively with a sub-legislation under Obamacare
that allowed the use of biosimilars. If Trump implements his promise to
junk Obamacare, Indian drug companies could be severely hit. Indian IT
companies which provide support to the program could also end up
losing their business that could lead to job cuts in India.

How would China and Pakistan be affected?

China and Pakistan have been using the US as a cash cow for decades:
China by running a huge trade surplus ($366 billion in 2015); Pakistan by
soaking up US aid (more than $30 billion since 2002), while pretending to

fight radical Islam. All signs indicate that Trump would cut down on the
flow of cash to both these countries.
The US has lost five million manufacturing jobs over the past 15 years,
while China has seen rapid growth in its manufacturing sector over the
same period. Trump is electorally committed to bringing a material
number of lost manufacturing jobs back to the US; the only way he can do
so will be to offset Asias (especially Chinas) labour cost advantage in
manufacturing with a combination of tariff and non-tariff barriers.
Such a move would come at the worst possible time for China, when a
decades-long credit-fuelled investment boom may finally be turning to
bust. For China, the potential outcomes of a trade war with the US range
from sharply slower growth (best case scenario) to outright recession,
which in turn could spark political unrest and, in a worst case scenario,
revolution.

What should India do now?

Finally, like much of the world, India is unclear about the policy directions
of a Trump administration. Therefore, India should not waste time in
reaching out to Mr Trump and his team in order to establish a durable
understanding that will take the relationship forwards in all sectors of
relevance. However, Indian government should make an attempt to
sensitize the new president about the strategic interests that bind India
and the U.S., and the multifaceted nature of the relationship between the
two nations including its regional and global relevance. The golden hour
to do this may be even before the inauguration of the new President in
January 2017.
US OR CHINA

In your opinion, which country is more important to India to build

a 'strategic partnership USA or China? Critically comment why.
(200 Words)
India stands at an edge in building strategic partnerships with USA and
China, tilting towards one may antagonize the other. Looking at the merits
in
engaging
with
one
over
the
other
as
follows:
1.

India does not have a good history when dealing with China
regarding the boundary and LAC issues. Currently also China is having an
expansionist attitude in its neighbouring region and especially in south
China sea and Indian Ocean which is dangerous for India. To protect its
interests India will have to engage USA in order to maintain a regional
balance
of
power.

2.

USA can assist India in achieving its goals in procurement of nuclear

energy and also self-reliance in defence. Also a large Indian workforce
contributes to USA's economy and at the same time USA has been the
largest importer of Indian software industry. Hence it is imperative to

maintain

good

relations

with

USA.

3.

At the same time India will have to collaborate with China to protect
interests of developing countries in International summits and
organization like WTO and dealing with climate change. The stance of
USA
has
been hawkish towards
India
in
these regards.

4.

China is the immediate neighbour of India unlike USA. Good

relations with China are necessary not only from economic point of view
but also defence point of view as we have another hostile neighbour
Pakistan which has friendly partnership with China.

It will not be possible for India to engage with only one country, either
USA or China. India as matured and sovereign country has all the right to
protect its interests for e.g. securing a seat in UNSC buy engaging in
multi-pronged diplomacy.
The U.S. has been trying to draw India into the anti-China
security
grouping as part of its pivot to the East policy. But such a tilt
may
not serve Indias interests. How far do you agree with this
assessment? Critically comment. (200 Words)
The USAs antagonism towards China is primarily derived from the
increasing economic and military power of China. In order to maintain its
global preeminence USA has employed various strategies such as
increasing of military collaboration with countries of SE Asia like
Philippines and Myanmar, in addition to proposing a strategic economic
framework, the TPP, to contain Chinas economic influence.
Here, the USAs insistence on including India in its pivot to Asia policy
is borne out of the fact that India, being the largest democratic country, is
a natural ally of USA and that we have had a troubled relationship with
China. The increasing military and economic cooperation between the two
countries and the USAs gradual withdrawal of support from Pakistan,
especially on the Kashmir issue, are evidence of its desire to include India
in
its
pivot.
However, joining such a grouping against China may not be effective in
the long-term. Both nations are members of the BRICS and have vested
economic interests in the AIIB and NDB, and SE Asia. USAs impending
withdrawal from Afghanistan will also enhance Chinas role in Central Asia,
where we have invested heavily. Also, many of our North Indian rivers
have
their
sources
in
China.
Therefore, we can see that although joining USAs pivot may provide
India with certain leverage against China, the long-term success of this
policy is suspect. Chinas economic influence on India is also undeniable

considering that our trade balance with China is negative. Keeping the
pressure on China to counter any expansionist designs on India without
antagonizing it by completely siding with US on its pivot policy is the
best course of action for India.
Do you think successive Indian governments have allowed Indo
Chinese relations to be determined by the trajectory of the US
Chinese relationship? In the light of recent related events,
critically comment. (200 Words)
India and China are two ancient civilizations separated by mighty
Himalayas and having cultural connections due to Buddhism and trade
routes. Both saw imperialism in worst form, fought a war against each
other as independent nations and today in this millennium both are often
pitted as competitors in a zero sum game of economic progress and geo
strategic arena.
US being the only pole now is having its hegemony somewhat challenged
by China on
ideological, economic and world trade fronts. Renminbi is also a threat for
Dollar. The Asian region is the most dynamic one and US can ill afford to
let China have its dominance here. So India is a natural ally in this regard
and coincidences are stressed upon between Indian priorities and US
generosities. India's Act East policy and the US Pivot of Asia; Make in India
and Defense Trade and Technology Initiative are seen as synergistic.
But US is not an ally on IPR issues and related topics. China, for its own
part, has not
assuaged Indian concerns. Its expansionist policies, stubbornness on
border issues and all weather friendship with Pakistan including the recent
corridor have hardly dressed the wounds of 1962 and failure of the
Panchsheel.
India has its own priorities. Our stance, mostly independent, has been
affected by both giants. But an aspirational India can ill afford its foreign
policy or Chinese bilateral relations affected by a greater game. While
allies are not permanent, neighbours are. So India is doing well to be part
of banks led by China and at the same time scaling itself up to become a
regional security provider in the strategic Indian Ocean. Besides, there is
increased investment by Chinese in India. With India joining China led
RCEP, there will be more traction in relationship.

US CHINA VIS A VIS PAKISTAN

(14/02/2016)
USA to sell eight more F-16 fighter jets to Pakistan, a move opposed
by India
Pakistan had not stopped supporting terror groups targeting India
despite committing to that in exchange for U.S. military aid. India has
consistently opposed the transfer of F-16s to Pakistan, as opposed to the
transport planes C-130, because of their lethal capabilities, ever since
the U.S. began supplying them to the neighbouring country in the
1980s.
The F-16 fighting Falcon is the most modern fourth generation
aircraft in service, and over 4,400 aircraft have been produced so far and
are in service with 25 countries.
The Indian Air Force has a large number of fourth generation-plus
Sukhoi-30 aircraft which can more than handle the F-16, an Air Force
officer said.
The F-16 was in the race for the Medium Multi-Role Combat Aircraft
(MMRCA) contract but lost to the French Rafale. The U.S. has still been
pitching the aircraft for the Indian Air Force under the Make in India
initiative.
The US also gave 14 used F-16 aircraft free of cost in 2012. In 2013,
Pakistan announced its decision to buy 13 second-hand F-16 from Jordan,
and the delivery started last year. Compared with the older version, the
latest F-16 Block C/D is an entirely new aircraft with significant new
capabilities.
Compare and contrast US and Chinas foreign policy Vis a Vis
Pakistan. Critically examine their effect on Indias interests in the
region. (200 Words)
[1]
Similarities

OF

US

and

China

in

Pakistan:

Both came with Generous investment and nearly equal

Both aimed at security and peace, development In the region and
Afghanistan
Both aimed to contain the Fundamentalism
Both came at the time when their respective nation were at
threat/restive due to Such forces
Both showed and wanted an Super power status
Dissimilarities

US aid mainly Military While Chinese aid is Development and need

specific
US aid and stance vacillated, and was more when it was required to
fight Russia and was less when No such threat present . While Chinese
aid is mainly to knit the region with stability

US aid was not having any economic angle, however China is linking
it with Silk Road one belt one road initiative
Aid came to assert Uni-polarism, while Chinese aid is for Multipolarism
US aid mainly rested with Army and state actor to fight the
terrorism. Chinese aid is to Prevent such forces itself through jobs
employment

In brief Chinese aid appear to be more inclusive, supportive, forward

looking well encapsulated and may favour Indian interest. India with large
heartedness must support this economic tie-up cum entente cum
friendship between its neighbours at both ends. Such can help India in:

Prevent infiltration and border issue with Pakistan

such can well-knit India too with further engagement with Pakistan
it may open for trade routes and greater economic partnership with
Central
Asia,
TAPI
and
other
long
overdue
projects.
In brief it must be looked as win-win situation With Chinese leadership and
not Zero sum game
[2]
US's & China's foreign policy vis-a-vis Pakistan
Similarities:

1.
2.

Aid oriented: both are/were generous donors of aid.

Aim: to promote development; which could curb rising extremism in
Pakistan.
3.
Peace & regional stability: was an objective of both; especially
concerning Afghanistan where Pakistan exercises significant influence.
4.
Interest: arose in Pakistan when rising extremism threatened both
these countries; US had attacks on WTO towers; China faces
secessionism in Xinjiang province; links of which lie in Pakistan &
Afghanistan.
5.
Corruption, incompetence & safety issues: in Pakistan will/might
prevent both countries from achieving their goals in Pakistan.
Contrasts:
1.

Nature of aid: US aid was primarily military while Chinese aid is

developmental.
2.
Motives: in case of US is to assert itself as "global superpower";
while for China is to enhance its regional clout & undercut US dominance
in the region; assert itself as major global player.
3.
Strategy: China wants to ensure a redundant energy supply lines via
Pakistan; while US was concerned about Pakistan being safe haven for
terrors groups in Afghanistan.

4.

Objectives: China wants to cut Indian regional clout while US had no

such intention.

Effect

on

India's

interests:

US aid: was diverted by Pakistan to fund proxy war in India;

Chinese aid: undermines India's territorial integrity via funding
projects on PoK; this aid might also be misused to fuel proxy war in
India.
Moreover With proxy war in India being fueled by Pakistani state actors; it
will be hara-kiri to believe that terrorism will subside with development via
Chinese aid. Indian interest is bound to suffer in the region with growing
coziness between China & Pakistan.
INDIA VENEZUELA

Venezuela economy is in deep crisis because of global oil price fall as

Venezuela's economy is dependent on oil exports.
Venezuela is not able to pay for India's export because of fall in its
currency and triple digit inflation.
What India has proposed?
India has proposed an oil-for-drugs barter plan with cash-strapped
Venezuela to recoup millions of dollars in payments owed to some of
Indias largest pharmaceutical companies.
Oil production deal:

India and Venezuela have signed an oil production deals worth

about 1.45 billion US dollar to increase oil production

The agreement comes amid a severe economic crisis in Venezuela.

It is seen as a way to boost oil production, pay off debts, obtain funds
from other foreign partners, and increase the countrys oil income
INDIA VIETNAM

Vietnam is a major focus country in India's "Act East Policy"

It has huge coastline embedded with oil reserves and thus important
for India from energy resource diversification point of view.
Counter to "String of Pearls" of China.
India might sell Brahmos missile to Vietnam

India and Vietnam has signed 12 agreements during our PMs

Vietnam visit. Important are:
o
Exploration and use of outer space for peaceful purposes,
o
Double taxation avoidance,
o
Co-operation on UN peacekeeping operation.
o
Health,
o
Cyber security,
o
Advanced IT training,
o
Sharing of shipping information between the Navies of the two
countries and mutual recognition of standards
India announced a line of credit (LoC) of 500 million US Dollars to
Vietnam to facilitate deeper defence cooperation. The LoC will be used
by Indias L&T to build offshore high speed patrol boats for Vietnamese
Coast Guards.

Critically analyse if Indias growing proximity with Vietnam is in

its long-term interests in the Indo Pacific region. (200 Words)
Following interest can be served by India-Vietnam relations:
1.
Economic Interest : Vietnam is a good source of petroleum but
lacks in the modern techniques of its exploration. India can exploit this
as an opportunity to shed its dependency over middle east.
2.
Strategic Interest : Both India and Vietnam can act together
towards countering the influence of China in South China Sea and Indian
Ocean.
3.
Act East Policy : Vietnam is one of the important countries for
India towards its act east policy and it importance can be understood
from the fact that it supports India's bid for permanent membership in
United Nation Security Council.
4.
Mekong Ganga cooperation : Both India and Vietnam are the
part of Mekong Ganga cooperation which emphasises cooperation in four
areas viz. tourism, culture, transportation and education.
5.
Multilateral Interests : India's support to Vietnam will also
enhance its relation with countries like the US and Japan which take
China as their as their envy.
China angle:
Despite of these long term benefits the closeness may impact India's
relationship with China. China had threatened India for exporting its
technology to Vietnam for oil drilling, and also challenges the sovereignty
of Vietnam. It also warned India for interfering in South China Sea disputes
and supporting Vietnam for the same
Way Forward:
Taking all these under consideration, India should move forward with its
policies with Vietnam but at the same time it should enhance its
diplomatic talk with China by taking the help of the US and the EU to
counter the problems of the south east

POLITY
FEDERAL ISSUES
CENTRALLY SPONSORED SCHEME

What are Centrally Sponsored Schemes?

CSS are schemes designed by union government but
implemented by states
Their funding is shared by centre and state with a pre-defined
ratio. Generally the fund ratio is 75:25 for normal states and 90:10
for special category states

What is the controversy around CSS?

Funds available under CSS are tied funds i.e. funds can be
spend only for respective schemes for ex. Funds for Sarva Shiksha
Abhiyan can be spend on SSA only and nothing else. Now, some
states like Kerala don't need expenditure under SSA so Kerala losses
its share of money.

States need to spend matching fund to avail money from

centre i.e. to avail 75% share from centre, state needs to spend their
share of 25% first. Now many states do not have capacity to spend
this 25%. So they don't get money under that head.

They bereft states of innovations and funds in other sectors

which is required given the regional disparities in various sectors
and force states to spend the funds is pre-defined sectors. Kerala for
example, does not see any point in Sarva Shiksha Abhiyaan as they
do not have problem illiteracy.
What are the recommendations of 14th FC regarding CSS?
The 14 finance commission has asked the centre government to reduce
the number of CSS as they

Impinges on fiscal autonomy of states, as they do not have

any say in design of the scheme and face many restriction in their
implementation.

The states are required to provide a defined share to the CSS-this makes difficult for the states the required level of budgetary
support for their own expenditure.

little or insufficient co-ordinations and consultation by the

central government with the states regarding framing of policies,
allocation
of
funds,
regional
specific
needs
and
their
implementations. The erstwhile planning commission was the sole
powerful body involved in planning CSSs .

'One size fits all' policy has been adopted in the

implementation of CSSs so far and regional specific needs or state
wise local needs has been overlooked.

Too many number of schemes led to overlapping and

interfering goals and implementation which took resources away
from the core schemes.

A critical relook at CSS is required, as suggested by B.K. Chaturvedi

committee and NITI Aayog CM's subgroup on CSS, to make them
relevant, useful and successful.
What can be done?

Reducing their number to manageable level.

Categorizing them into "Core" and "Optional" based on

national developmental priorities.

Increase the flexi component in them to provide flexibility to

state to suit their requirement. Flexi funds - There may be different
priority for the states but the health, Sanitation etc. is priority for all
but in different quantum. Centre shall give 20% flexibility in the use
of the Funds.

Rather than national, a regional approach on their design may

be more effective.

Consulting state in their design and implementation. A forum

for continuous dialogue, feedback and learning could set effective
precedent for "cooperative federalism".

Establishing better synergies at district level among various

CSS and avoiding tendency to create parallel machinery for each of
them.
What are Flexi Funds? How are they related to CSS?

Flexi Funds means that states if they so desire can set aside
25% of any CSS as flexi-fund to be spent on any sub-scheme or
innovation or component that is in line with the overall aim and
objective of the approved Centrally Sponsored Scheme.

States can use the fund to satisfy local requirements in areas

affected by internal security disturbances or to undertake mitigation
or restoration activities in case of natural calamities.

Under the new norms, flexi-funds in each CSS has been

increased from the current 10% to 25% for states and 30% for Union
Territories.
Questions:

In the last decade, the proliferation of big-ticket Centrally

Sponsored Schemes (CSS) has emerged as the key fiscal strategy to
transfer grants to States to achieve a certain outcome in a specific
sector, especially in health, education, agriculture and rural
development. In the light of recent recommendations made by the
Fourteenth Finance Commission, critically examine if the existing
fund transfer mechanism is suited to achieve the goal of
cooperative federalism, if not, suggest what needs to be done in
this regard. (200 Words)

It is generally accepted that the centrally

schemes(CSS) have failed to meet their objectives due
factors. Critically examine these factors. What measures
suggest to make these schemes work? Substantiate. (200

sponsored
to various
would you
Words)

COOPERATIVE FEDERALISM

Our Constitution ensures that topics of national importance are within the
ambit of central government but the most important points of interface
between the businesses or citizens and the government are at the state
level. So while central government is constitutionally responsible for
collection of most of the taxes it is the state government
that is responsible for most if the services.
Rising importance of state finances: Total expenditure at the state level
was much higher than the center's expenditure and state capital
expenditure was almost double the centre.
Cooperative federalism is a concept of federalism where governments at
various levels i.e. at centre, states and at the local level work in synergy
with each other bypassing the differences by resolving them and working
for the development of the populace. This results in optimum utilization of
resources
along
with
increase
efficiency.
Ingredients of the cooperative federalism can be classified mainly under
three heads namely Administrative, Legislative and Financial.
Some

Obstacles

of

it:

1.

Proclamation of emergency under Article 356. It was used many

times arbitrarily after 1977 due to emergence of multi-party
governments
in
centre
and
states.

2.

Union dominance to legislate over concurrent list and its

interference in state list also in special cases like while ratifying
international
agreement.

3.
4.

States having no say in appointment and transfers of Governor.

Imposition of Centrally sponsored schemes on states under the
policy of 'One size fits all' which restricts their scope of need based
financial expenditure. As an example schemes like Jan Dhan Yojana
and Beti Bachao Beti Padhao are very useful for states like
Rajasthan, Haryana but is of little significance to Kerala which already
good numbers over the parameters being have targeted under the
scheme. This restricts Kerala's financial capacity in other needed areas
like
industry
expansion,
business
development.

5.

Discretionary funds allocation under Article 275 on the advice of

erstwhile Planning commission was also one of the biggest reason for
bitter centre-state relations. This resulted in demands coming from
states
for
special
category
status.

6.

Deployment of paramilitary forces in states without their consent

7.

Enquiries against chief ministers to settle personal equations.

How

Union

Government

help

foster

it:

1.

Greater devolution of power to states. Ideally union should have

only those powers which state can't handle and requires national unity
like in the form of matters like defence, communication, foreign policy
etc.

2.

Union government consulting states before legislating over the

matters
of
state
list.

3.

Improved and efficient use of inter-state and zonal councils

4.

Increased fund devolution to states by the centre. Union

government accepting the recommendations of 14th Finance commission
is a welcome step. At the same time states are apprehensive about the
fund devolution from taxes once Good and services tax is implemented.
Union government needs to bring states in confidence of adequate
devolution
citing
the
needs
of
states.

5.

Using NITI Aayog efficiently with increased participation of states

and making it functioning more democratic. Mistakes of its predecessor
(Planning
Commission)
should
not
be
repeated.

6.

States having a say in appointment and removal of governor.

7.

Involving states in formulation of foreign policy will not only help to

improve foreign policy but will also strengthen centre-state relations. It
will also boost the economy by fast-forwarding execution of projects and
policies like FDI which remains a matter of contention with union giving a
green signal and being opposed and blocked by states in their respective
states. So all these problems will also be solved with cooperative
federalism.

In pursuit of 'cooperative federalism, the union government has

chosen to spend nearly half of its fiscal stimulus through the
state governments. In this regard, do you think states are
administratively efficient to spend these funds prudently and
productively?
Critically
examine.
(200
Words)

In your opinion, what are the ingredients of true cooperative

federalism? In India, how can the union government help foster
true
federalism?
Critically
discuss.
(200
Words)
DECENTALIZATION

Relevance
States are the building blocks of the nation. For growth of the country as a
whole states growth
proportionately and with equity is needed. Various Sources of funds for
states
are:
1.
2.
3.
4.
5.

Devolution of funds for states under statutory and discretionary

grants.
Taxes that states levy on the people like VAT, Sales tax, Octroi,
Excise etc. The new GST if implemented would make states get more
devolution of funds and also as compensation from centre to some.
Special grants like under Special status states like J&K, NE states,
Himachal Pradesh etc.
States can borrow funds from the market.
States can borrow funds from Nationalized banks, RBI and Union
Govt.

Recent changes like Implementation of 14th Finance commission by the

Union govt will provide more share for states from central taxable pool of
resources. This means the spending autonomy of states increased as
many centrally sponsored schemes are being dismantled. This makes
states to design schemes according to their needs promoting equal
development all areas relative to other states. As states are responsible
for Health, Education, Sanitation, they can spend for overall Human
development that boosts HDI and turns into economic growth for holistic
development.
Note:

To

effectively

spend

the

funds:

Monitoring mechanism should be strengthened

Transparency and use of IT tools to ensure accountability
Need based, long term planning and performance based funds
Critical

Assessment

of

Devolution

in

India

India is federal polity. Federalism was adopted for India to accommodate

diversity and solving regional problems regionally. Subjects were divided
in constitution union and state level government. Division of subjects is
according to issues of regional importance are put under state list like
health,
education,
sanitation
etc.
From the late 1950s it became evident that centralized planning and

bureaucracy cannot deliver public goods efficiently. For These reasons

focus on decentralization was put by inaugurating Panchayats during
1959.
Attempts of decentralization are made by 73rd and 74 amendment,
various finance commission report etc. But these attempts do not seem to
have
good
will
of
union
and
state
government.
On one hand subjects in union list and concurrent list are increasing, but
state list is being contracted. State list now have only 60 subjects from 66
at
time
of
enactment
of
constitution.
Subjects in concurrent list are being increasingly being legislated by union
government.
Land
acquisition
is
one
of
the
examples.
Centrally sponsored schemes have subject such as health and education,
which fall under state subjects. This is also a kind of centralization.
Similarly though constitution provides 29 subject under schedule 11 to
Panchayat and 18 subject to ULBs under schedule 12 but their devolution
at
state
level
is
not
visible.
All these show there is much talk for decentralization but there is very less
work
being done in direction on ground.
Despite efforts being made to bring decentralization since
independence, in reality the reverse has taken place. Critically
examine.
(200
Words)
A 2013 central bank study found state expenditure to have a far
bigger beneficial impact on growth than spending by the Union
government, which is much more likely than states to use
borrowed funds to make payments. Examine the sources of funds
for states, recent trends in devolution of funds to states by the
union government and how can states spend the money
effectively for the welfare of the people. (200 Words)
DEVOLUTION OF POWER TO STATES

India has a federal government which is tilted towards union government.

Union government has more control over financial and economic affairs.
At the time of Independence most of the states and central government
had congress government so there were not much issues but later on it
changed and so conflicts started where central was controlling the states.
States for these reasons are demanding more powers and more financial
autonomy.
Demands:

1.
2.
3.

4.
5.

Many states have demanded division of powers should be changed

and it should now be in favour of states, they want more important
powers for states.
Independent sources of revenue and greater control over the
resources is another demand of many states
Administrative control is another demand as Indian administrative
services officers work in states but they are controlled by central
government so states say that central government is interfering in their
jobs.
There is autonomy demands related to culture and languages also.
Many states have resented the role of governor also and said
governors interfere in their jobs.

India's government is going through a period of restructuring. The

government has taken many initiatives to strengthen the federal
character
of
India:1.
tax

14th finance commission has awarded an increase in the share of

revenue
to
the
states.

2.

Central government has passed the control of many centrallysponsored

schemes
to
the
states.

3.

The setting up of NITI aayog will ensure more meaning voice to the
states.

But along-with these initiatives the central government need to take

certain steps to
work efficiently in the post-devolution era:1.

Cutting down of ministries to a more rational size as the supervision

of many centrally sponsored schemes have been shifted to the states.

2.

Distributing the staff of these cut down ministries to the states

which
lack
manpower
capacity.

3.

Coordination networks must be strengthened for creating synergies.

Dedicated offices for this purpose could be created within Ministries.

4.

Technical capacity of states must be augmented. For this purpose

centre must create mechanisms to extend its roots to the states for
capacity
building.

5.

Monitoring & Audit must receive renewed thrust. Since many of the
states have doubtful audit mechanisms. CAG must be engaged for the
purpose. Work could be delegated to civil society organizations.

6.

Reform the bureaucracy such reforms will infuse vibrancy into

"babudom". Competitive environment will unlock efficiency and add to
better
governance.

Thus the decentralization is not an insulated exercise. It is well affected by

externalities, including the role of centre in a post-devolution framework.
The centre must take to this path & achieve the desired goal of "minimum
government & maximum governance" in the devolved framework.
Note: Article 263 Interstate council and Zonal Councils - May be used as a
forum to promote regional cohesiveness and give unified direction.
What are the demands raised by States in their quest for greater
autonomy? Discuss recent measures, if any taken, to give more
autonomy to states. (200 Words)
It is said that with more devolution of powers to states, the
central government needs its own restructuring and reforms to
be implemented to function efficiently post-devolution scenario.
Comment on these impending restructuring and reforms
measures.
(200
Words)
FEDERALISM

Basic principle is "Subsidiarity" i.e. seat of government is nearest to the

people for a democracy to be more representative.
FC

&

Indian

Federalism

India is the Union of States. To deal with issues of finances between

centre and state under Article 280 Finance Commission needs to be
appointment by President every five years. But it has only advisory
function,
which
has
affected
states
badly.
State revenues are mostly utilized in payments of loans in large parts of
the programmes, projects and services initiated by the Centre are
executed in the states. Many of the programmes undertaken by the
states also have wider implications for the centre as well as local
governments.
"Punchi commission" recommended inclusion for upgrading of the
planning model to
remove
regional
imbalances.
"Sarkaria commission" recommended that the Finance Commission has
the right credentials (being a constitutional body) to oversee the smooth
transfer
of
funds
from
the
Centre
to
the
States.
"Thirteenth finance commission" report estimated that over the period
2010-2015 the states would get around Rs 14.5 lakhs crore as their share
of Central taxes and duties and another Rs 3.1 lakhs crore as grants-in-aid
if
its
recommendations
are
implemented.

On the one hand, the financial requirements of the states are vastly
increasing, and on the other hand, the Centre has been gradually
encroaching on financial powers and cornering for itself a major share of
the
total
national
resources.
Finance commission should be given more powers and authorization to
decide on sharing finances between states and centre because the State
governments generally prefer allocation of fiscal resources through the
Finance Commission, as it is a constitutionally mandated body.
New

Federalism:

In

light

of

GST

&

14th

FC

The latest move by central govt to provide 42% of central pool of taxes
(FFC) and combination of GST is a big step in realizing cooperative
federalism. However real challenge is lies fulfilling certain conditions
which
will
make
it
more
effective.
Few
concerns
are:
1.

Whether the greater freedom of expenditure can be used optimally,

particularly by the states that are lowest on the development scale
2.
More money and more freedom without the capacity to spend wisely
could worsen development outcomes for the country as a whole
3.
Whether the expertise of bureaucracy can used wisely?
4.
Whether there will be coordination between central and state
ministry?
How

can

these

issues

be

resolved?

1.

In the first case Niti Ayog can play a vital role. It can be used to
monitor it and help states in building the capacity. Also, it can help in
solving the inter-state disputes like for water and transport.
2.
Transfer of civil servants should be broadened and driven by the
objective of transmitting experience and expertise in specific domains
directly across states.
3.
Reorientation of the roles and responsibilities of central ministries
and other institutions and ore coordination with the state ministries is
necessary.
4.
Continuous
evaluation
of
the
progress.
Therefore, the new federalism provides an opportunity to significantly
improve the effectiveness of public finances, both in terms of revenues
and expenditure. However, its full potential will only be realized if
appropriate institutional mechanisms and capacities are created both at
the
centre
and
the
states.

The state's limited revenue sources proved as a hindrance to the

development of effective federalism in the country and this needs
to

change. Substantiate. (200 Words)

The new federalism, comprising the combination of the GST
(Goods and Services Tax) and the FFC (Fourteenth Finance
Commission), creates the framework for both mobilizing more
resources by government and spending them with greater
impact. However, like all good things, realizing these potential
benefits will require several conditions to be fulfilled. Examine
these conditions and explain how they can be fulfilled. (200
Words)
INTER STATE COUNCIL

Constitutional Provision:
Article 263 provides for an Inter State Council if at any time it appears to
the President that the public interests would be served by the
establishment of a Council charged with the duty of :
1.
inquiring into and advising upon disputes which may have arisen
between States
2.
investigating and discussing subjects in which some or all of the
States, or the Union and one or more of the States, have a common
interest; or
3.
making recommendations upon any such subject and, in particular,
recommendations for the better coordination of policy and action with
respect to that subject, in shall be lawful for the President by order to
establish such a Council, and to define the nature of the duties to be
performed by it and its organisation and procedure
Its creation:
It was constituted based on the recommendations of Sarkaria Commission
in 1990 under Article 263
Its purpose:
To bridge the trust deficit between the centre and the states
Has NITI Ayog's Governing Council diluted its need?

NITI Aayogs Governing Council has a similar composition, including

the prime minister, chosen cabinet ministers and chief ministers. It could
also address centre-state issues

But the ISC has constitutional backing, as against the NITI Aayog
which only has an executive mandate

This puts the states on more solid footingan essential ingredient in

building the atmosphere of cooperation needed for calibrating centrestate relations
Why in news?
ISC meeting held after 10 years. In meeting, c ertain very important
topics were discussed e.g. Direct Benefit Transfer through Aadhar,
education, internal security and most importantly GST. Discussion of

such important topics signals the ushering in of cooperative federalism,

wherein the centre govt. wants states to be a party in decision making
rather than taking unilateral decisions and imposing it on states for mere
executive actions
LAND ACQUISITION ISSUES

In India under the Schedule VII, land is a state subject while land
acquisition is a concurrent subject. This creates friction in federal
nature of our polity as the state sensitivities are sometimes not realized
by Union's acquisitions.
Land

Acquisition

Laws

by

State

The controversies regarding the Land Acquisition Bill have brought the
rural development to a standstill which led the states to appeal to the
center to frame their own laws rather than waiting for the consensus
endlessly. There is a considerable merit in the argument.
EXPERIENCE: Prior to the enactment of 2013 law, the land acquisition was
done by the states according to their own laws rather than the 1894
colonial law. Thus, states are more experienced to handle these land
acquisition
issues.
POPULAR NATURE OF LAW: According to the 2013 law which is applicable
to entire India , SIA's done could be rejected by the expert group just by
providing a reason in writing. Some states had even more stringent laws
than this '2013 law' and offered even more compensation to the farmers,
thus
being
more
farmer
friendly.
COOPERATIVE FEDERALISM: The Centre should not enforce its will on
states on a sensitive issues like land as it will serve as a big blow to
cooperative federalism. Rather than dominance of Centre over land issue,
the states which want to amend their laws should be given an opportunity
to do so. These states will experience a higher economic growth and
creation of more employment opportunities. Seeing this, other states will
soon follow these progressive states rather than being forced to do so
which will go against the spirit of cooperative federalism.
DIVERSITY: Land is basically a state subject. It should be governed by
state-specific legislations which are framed keeping in mind the situation
of the state. Different states are at different levels of development and
have their own priorities. For example, states like Punjab and Haryana
which have a large irrigated land fear of not being able to develop
because of the current law. Other states might have a different opinion.
So, it better to allow the states to acquire the land themselves rather than
depending on the centre.

Amendment

to

LARR

Act

2013

LARR Act of 2013 was basically passed to overcome the old and archaic
rules imposed by the Land Acquisition Act of 1894. The original act had
the provision for a minimum of consent of 80% of the people and
conduction of SIA, after which the process of acquisition was to
commence.
But the amendments proposed by the incumbent govt., seek to remove
these provisions, so as to make way for faster development, which only
means building more infrastructure, with little space for human resource
development.
Such methods to accelerate growth can be detrimental in the long run, as
they do not take the will of the people in concern. Although the
compensation provided has not changed, money is not everything when it
comes to the emotional and spiritual attachment of locals with the land.
Such an act can be termed as unconstitutional, as it curtails the freedom
of the people to express their will. Also, it makes no exception for the land,
which may have religious importance for the locals.
On the other hand, when we look at the time needed to clear a project
after following all such procedures, it turns out to be around 6-7 years, to
start a project. Such a long time frame is certainly not favorable to the
capitalists (national and international), who may shy away from
investment
in
such
projects
in
the
future.
This will have a disastrous effect on the economy, as employment sector
can be affected on a large scale. Also, due to the increasing urbanization,
many farmers are themselves willing to sell their lands and settle in the
city. Such long procedures can be hectic for them too, as the act makes no
exception
to
consider
such
cases.
The solution here, can be to remove the red tape phenomenon, where a
single case takes years to be cleared by a dept. The land acquisitions can
be studied by a case to case basis and the SIA can be skipped where the
land
has
no
agricultural
or
intellectual
value.
Such measures can certainly help both the land owners and the
industrialists, with which the economic sector will avoid a large setback.
Development & Land Acquisition
For the last decade or two, land acquisition has been the biggest irritant
for any developmental or industrial projects. The intensity of problem is
reflected
from
following:

Arcerol Mittal and POSCO withdrew their multibillion dollar steel

project last year

Resistance by local people and tribal following government

suppression has prevented land acquisition like Niyamgiri hills of Odisha
About 1300 PPP projects worth 7 lakh crore is pending and land is
one
of
the
reason
for
this

In some places environmental concerns raised by environmentalists and

civil society has dissuaded people from giving away their land. Although
there are other issues like delay in clearances, economic climate, high
interest rate and NPA condition of banks which is preventing players
especially
private
ones
to
go
ahead
with
investment.
But the issue with land is a problem of government's own making,
because:
a.

Until recently land were taken forcefully with paltry or no

compensation
b.
No consent of broad consultation before taking land
c.
No participation in decision making in rehabilitation plan or future
development on their land and fair benefit sharing
d.
Government sitting on huge amount of unused barren land, fallow
land and government land but not effectively using them.
Although land acquisition act of 2013 took adequate care of "affected
people", the resulting high cost and delay in acquisition send a negative
signal to industry. Some innovative ways like land bank, efficient use of
barren and government land, leasing out land instead of selling them
would be the way forward without compromising the interest of affected
people.
Union govt. proposal to amend the existing land acquisition bill with
amendments for reviving investments in infrastructure and industry has
gathered controversies. Govt. is of the opinion that due to improper
acquisition procedure, many public and private project have been either
stalled
or
not
started
at
all.
Though their claim is alright keeping in mind the non-willingness of foreign
player to invest in India due to flawed procedure. These amendments may
somehow increase the foreign investment and growth of world class
infrastructure in India. But if we go deeper into this issue it comes out to
be the over-exuberance and a credit bubble as the primary reasons rather
than lack of regulatory clearances for stalled projects in the private sector.
Though it does occur for the govt. projects. A close analysis of the list of
stalled projects provided by the ministry reinforces the Economic Survey
conclusion that projects are stalled mainly because of unfavorable
demand
conditions
and
loss
of
promoter
interest.
Another point of criticism is the use of the Land Acquisition Act for
securing land for public and private projects which has diverted from its
public projects priorities to private project like hotels & malls. The land
acquired for SEZs is an example of this misuse of the Land Acquisition Act.

large scale land acquisitions alters the pattern of livelihood of many so

need is that acquirer should accepts the responsibility for financing
resettlement and rehabilitation of all affected persons. Moreover, rather
than separate negotiations with individual landowners a collective
negotiation framework should be provided by a law analogous to the laws
for collective bargaining in labour relations.
Tribals & Land Acquisition
Land acquisition in tribal areas in the name of development is alleged to
have taken away the very life spirit of tribals. Traditionally tribals were
isolated from mainstream society, residing mostly in forests. Their main
source of livelihood has been forest products.
Post-independence need for development of heavy industries required
exploitation of mines and minerals, forest and forest products, setting up
large hydroelectric projects which mostly fall in tribal area.
In the name of national development their land and rights over forest
were taken in British times continued in Post-Independence India also.
They were driven off their traditional land.
Private rights over forest land has been recognized which destroyed their
community based social system .They have been denied their share in
minerals and forest products and profits have been mostly taken big
corporations.
Also ,many projects have been granted without much of EIA and SIA which
has put tribals at margin.
In the process of interaction with mainstream society they have been
marginalized and living under utter poverty and malnutrition. Corruption
and government apathy have further aggravated the situation.
Also tribal areas have seen continued in-migration of outsiders ,due to
which the whole demography of some areas like Tripura has changed
within a decade.
Due their marginalization many tribals have resorted to violence and
joined Naxalite groups. Last decade has seen formation of tribal specific
states of Chhattisgarh and Jharkhand.
Having realized their problems government has taken following steps to
protect their interests:
1.
Forest Rights Act, 2006: It recognises customary rights of tribals
over forest land permits them to use forest products. It also extends
community based decision making system in the form of Gram Sabha
which will collectively take decision regarding Land Acquisition.

2.
3.
4.

5.
6.
7.
8.

PESA, 1995: It extends Panchayati Raj system in tribal areas and

grants them rights to manage their own affairs without much
government intervention.
Land Acquisition Act 2013 provides enough safeguards.
Proper
Social
Impact
Assessment,
Environmental
Impact
Assessment is necessary before any developmental activity in tribal
areas. Before any major infrastructure project in tribal land proper
compensation and rehabilitation is to be provided to the affected
ones.
Tribal welfare programs have been included in CSR activities.
Dedicated Tribal Welfare ministries have been made at Center and
in various states to deal with their problems.
MNREGA has been effectively implemented in tribal areas with
increased number working days.
Programs like marketing of tribal tradition products have been taken
in association e-retail companies like Flipkart.

Some of the changes that the amendments proposed to the Right

to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act of 2013 (LARR Act), if
passed,
would be patently unconstitutional. Critically comment. (200
Words)
It is said that most industrial projects in India, which are either
stalled or cancelled, is due to land acquisition problem in India.
Do
you agree with this assessment? Critically examine. (200 Words)
When we take land away from tribals, we take their life spirit.
Discuss this statement in the light of forceful land acquisition in
tribal areas since independence. Highlight the special provisions
made for STs in the recent land acquisition act to protect their
interests. (200 Words)
There is a general perception that due to land acquisition
problems many private and public projects are either stalled or
not started at all. Critically examine the validity of this
perception.
(200
Words)
It is argued that a state-centric strategy on land acquisition will
permit a more nuanced approach and It would also promote
competitive federalism. Critically discuss how. (200 Words)
PRESIDENT RULE

21/04/2016

What is President's Rule?

Thearticle 356of the constitution which focuses on the failure of the
Constitutional machinery of the State is often termed as the Presidents
rule. There are various reasons for which Presidents rule can be
imposed on a State. The failure of the State government to function as
per the constitution is the first step towards this. It may be imposed
due to many reasons some of which are:

loss of majority

break down of law and order

indecisive outcome of elections

no alternate claimant to form the government

Insurgency

defections and break-up of coalition

What happens to state government?

When Presidents rule is imposed, the state assembly is either

dissolved or kept in suspended animation

The state comes under the direct control of the Central

government. The authority shifts from the Chief Minister and the
council of ministers to the Governor. The Governor gets the power to
appoint civil servants and some administrators to assist him who will
take on the role and responsibilities of the Council of Ministers
Recent Cases:

President's Rule - Uttarakhand

President's rule -Aru. Pradesh

PRESIDENTS RULE ARUNACHAL PRADESH

President's rule in Arunachal Pradesh

http://www.thehindu.com/todays-paper/tp-opinion/the-sc-must-end-partisanfederalism/article8215770.ece

Why imposed:

CM and Speaker are cousins leading to opposition from other

MLAs

No session held in last 6 months

The States ongoing crisis has seen Assembly sessions held

in a hotel and even a community hall and impeachment of the
Speaker.

The crisis escalated when the rebels voted to remove the

Chief Minister at an assembly session called by Governor JP
Rajkhowa. The rebels met at a community hall because the state
assembly had been locked up.

The Congress in Arunachal Pradesh is nearly split in half with

21 of 47 lawmakers teaming up with the BJP in December to remove
the Speaker and the Chief Minister.

Constitutional Bench of HC is examining issue.

President Rule recommended by Cabinet.
SC judgement awaited. (See the Judgement in Bottom)
Basics : S.R. Bommai judgment - The nine-judge Bench verdict in
1994 had held that the validity of a Proclamation for Presidents Rule
can be subjected to judicial review to find out if there was mala fide
exercise of power. This view was reiterated in the 2006 Bihar Assembly
Dissolution case judgment involving the then State Governor Bhuta
Singh.
Even after Presidents rule kicks in, the Supreme Court can revive the
Legislative Assembly, which will not be dissolved but kept in a state of
suspended animation, if it finds the Presidents proclamation
unconstitutional
Legal issue involved:

The crisis was precipitated when Governor J.P. Rajkhowa

advanced the session scheduled for January 14, 2016 to December
16, 2015, and fixed a motion seeking the removal of the Speaker as
the first item on the agenda. In that controversial sitting at a
makeshift venue, the Speaker was removed and a no-confidence
motion adopted against the Chief Minister. The Gauhati High Court
has ruled that the Governor was justified in advancing the session
by acting on his own discretion if he had reason to believe that the
Chief Minister and the Speaker were stalling a particular motion. The
constitutional question of whether the Governor can summon the
legislature on his own and whether he can send a message to the
Assembly on what motion it should take up is now before the
Supreme Court.

Since Article 174 (1) was silent on whether the Governor

should consult or not the State Cabinet before advancing dates of
the Assembly session, it was presumed that aid and advice of the
Chief Minister and Council was required to be taken.

Good Read: http://www.thehindu.com/todays-paper/tp-opinion/morethan-a-numbers-game-moving-beyond-the-floortest/article8169860.ece

SC acknowledged its mistake:

SC ordered Arunachal Pradesh Governor J.P. Rajkhowa to

respond why he recommended Presidents rule in the sensitive
border State

But, Article 361 (1) of the Constitution gives the President and
the Governor protection from legal action. Under the Article, both

the President and the Governor of a State shall not be answerable

to any court for acts done in performance of their powers and
duties. The Governor has complete immunity and a notice cannot be
issued to him
Hence, SC recalls its notice.

SC decision on discretionary powers of Governor Jyoti Prasad

Rajkhowa to summon or advance the assembly session

Governors decision of advancing session of the state

assembly by a month is un Constitution and is liable to be quashed

All steps and decision taken by the Legislative Assembly

pursuant to Governors December 2015 decision are unsustainable
and have been set aside

Struck down removal of speaker Nabam Rebia and he should

be restored back as Speaker of the House

It is for the first time in history that Supreme Court has put
back a state government that had been dismissed by the Centre
under the Presidents rule (under Article 356)
PRESIDENTS RULE UTTARAKHAND

22/04/2016
The Uttarakhand High Court has quashed the order of the Central
government that had put the State under Presidents Rule. The court
said theimposition of the Presidents rule was contrary to the law laid
down by the Supreme Court.
Now,the Harish Rawat government will be reinstated and will be asked
to prove majority in the state assembly
Covered in detail in RSTV debate notes here President's Rule Uttarakhand
Related notes:

President Rule

President's rule -Aru. Pradesh

SPECIAL CATEGORY STATES

Special Category Status is granted by National Development Council.

What are the parameters?
1.
Low resource base, hilly & difficult terrain
2.
Low population density or sizeable share of tribal population
3.
Backwardness, border states/ sharing the international border
4.
Economic & infrastructural backwardness
5.
Non-viable nature of state finances

Which States are categorised as SCS?

Assam, Jammu and Kashmir, Nagaland, Arunachal Pradesh, Manipur,
Sikkim, Himachal Pradesh, Meghalaya, Tripura, Uttarakhand and Mizoram.
(Total 11)

What are the benefits these states get?

The Planning Commission allocates funds to states through central
assistance for state plans. Central assistance can be broadly split into
three components
o
Normal Central Assistance (NCA)
o
Additional Central Assistance (ACA)
o
Special Central Assistance (SCA)
NCA, the main assistance for state plans, is split to favour special
category states:the 11 states get 30% of the total assistancewhile the
other states share the remaining 70%.
The nature of the assistance also varies for special category
states;NCA is split into 90% grants and 10% loans for special category
states, while the ratio between grants and loans is 30:70 for other
states.
For allocation among special category states, there are no explicit
criteria for distribution and funds are allocated on the basis of the states
plan size and previous plan expenditures.
Allocation between non special category states is determined by the
Gadgil Mukherjee formula which gives weight to population (60%), per
capita income (25%), fiscal performance (7.5%) and special problems
(7.5%).
Special category states also receive specific assistance addressing
features like hill areas, tribal sub-plans and border areas.
Beyond additional plan resources, special category states can enjoy
concessions in excise and customs duties, income tax rates and
corporate tax rates as determined by the government.
Why in news?
Andhra Pradesh demanding SCS status.
SPECIAL PACKAGE

The government at the center regularly announces special packages for

states in the pretext of various disadvantages faced by these states
1.
2.
3.

Low per capita income of a state

Special development needs of a state
Historical
disadvantages
faced

by

the

state

But, such packages undermine the principle of cooperative federalism

because1.

Decision based on discretion and often has the hidden objective to

gain political milieu in a particular state. (to J&K, to WB where election

later)
2.

A huge element of discretion. Many special packages in the past,

including to Bundelkhand, the Northeast, Odishas Koraput-BolangirKalahandi (KBK) region, West Bengal, Bihar and J&K, were suddenly
announced to suit politics, and then additional funds were sought from
Parliament
through
supplementary
demands
for
grants

3.

Lack of monitoring of the proper usage of the funds amounts to poor

delivery
and
diversion
of
funds.

4.

Finance Commission which has the constitutional authority takes

care of the special needs of states through approval of statuary grants.

There are legitimate demands too. For instance, a special financial

package for Punjab post-insurgency. Or for a plague that can potentially
debilitate the nation. But over a period of time, demands for special
packages without a strong basis have become
commonplace.
Succumbing to these demands without proper assessment weakens the
resource base and results in competitive federalism of a different kind,
where every state uses this tool at a politically opportune time to extract
extra
money.
Thus, such packages should be properly scrutinized on an inter-state level
front such as Inter State Council based on genuine needs and principles
of equality so that the packages are not antagonistic to cooperative
federalism.
---Modi has announced a whopping Rs 1.25 lakh crore special package for
Bihar.
Do you think special development packages periodically
announced by the union government for the states are
antagonistic to the principle of cooperative federalism? Critically
examine. (200 Words
DEVOLUTION TO LOCAL BODIES
73 RD CAA

73rd CAA gave constitutional status to Local bodies. Local Governments

before 73rd amendment were totally dependent upon respective state
government as far as finances, election to these bodies and autonomy to
these bodies are considered. 73rd Amendment empowers the State to
create Panchayats at village, intermediate and district levels and provides
the State with powers to empower them in their functioning.

The local bodys election depends upon the will of the state governments
and there are incidences when these elections were due for years. Local
bodies dont have their say on development programs and they didnt
have powers to raise their own finances through local taxation and
additionally state governments were not constitutionally bound to provide
them with compulsory financial assistance and there was not any devised
formula which can decide about their share in state revenue.
After 73rd amendment three tier of Panchayati raj has been formulated
and established as per the nomenclature suited to respective state
government it has made obligatory at the end of state government to
conduct regular election of local bodies there say is made mandatory for
development project in their area for implementation of most of the
programs like MGNAREGA gram panchayat has been made nodal agency.
To devise the formula for grants to local bodies state finance commission
every 5 year has been established local bodies has given autonomy to
raise
their
finances
by
local
taxes.

So Differences before and after:

Regular elections. State Election commission
State Finance commission
Reservation for ST/SC/Women
3 tiered panchayat system
Constitutional recognition
Positives
Reservation of seats for Scheduled Castes and Scheduled Tribes according
to their proportion of population w.r.t to the population of the State. It also
provides for reservation of not less than 1/3rd of total seats for women
which would include 1/3rd reservation of seats for women in the SC and
ST quota. It also provides for such reservation to the posts of
Chairpersons. It also empowers the State to provide for such reservation
to any backward class of citizens as it sees fit. It has led to upliftment of
disadvantaged classes and women. It has worked in undermining the
hegemony of upper caste domination.
Women reservation has provided us with evidence of better functioning of
Panchayats in terms of goals and finances where women are elected as
heads. It has helped bring concerns of disadvantaged classes to the fore
encouraging grassroots democracy and upliftment of such sections where
they are stigmatized the most.
It can be said that 73rd amendment was a great leap forward in making
local bodies autonomous and in ensuring their contribution necessary in
any project of public importance.

The two decades since have seen a considerable expansion of

local self-government in rural areas in India but it is still very far
from Gandhi's revolutionary conception of a village-centered
economy and polity. Examine Gandhiji's concept of self-reliant
village republics and if this concept is still applicable to present
day India. (200 Words)
What are the provisions for the reservations for the socially
disadvantaged groups as per the 73rd amendment? Explain how
these provisions have changed the profile of the leadership at the
village level. (200 Words)
What were the main differences between the local governments
before 73rd amendment and after that amendment? Examine.
(200 Words)
ELECTION IN LOCAL BODIES

05/04/2016
Election inPanchayats and municipal corporations are not as free
and fairas those conducted by the Election Commission of India.
Examine why and suggest how these elections can be made free
and fair. (200 Words)

The Panchayat and Municipal elections are held by the State election
commission (SEC) under the State act. It is argued that they are not as
efficient as elections conducted by the Election commission of India (ECI)
on the following grounds:
The terms and conditions of the SEC are subject to the whims of the
state government who can change it according to their liking.
Such elections are based on caste, creed and other petty matters
thus bringing neutrality of such elections into question. There is
ineffective monitoring to ensure that such petty issues are not used.
The rules regarding campaign expenditure, timing and conduct of
polls, staffing of polling booths, use of state police, etc. are different from
state to state and are biased in favour of the state government.
Corruption, indiscriminate use of campaign money, booth capture,
horse trading is rampant due to lack of monitoring mechanisms.
HOW THEY CAN BE MADE FAIR?
State Election Commission should be made an independent body to
protect it from state influence.
ARC II recommends that SEC should be appointed by Governor on
the recommendation of a collegium.
Uniformity in election rules across states will ensure fairness.
Proper Monitoring and accountability mechanisms to ensure that
state governments do not use the SEC for their benefits. They can be
made accountable by jurisdiction of courts, or the ECI can conduct
regular audits.

The SEC can be brought under the ambit of ECI. This will ensure that
appointment of state election commissioners and paramilitary forces are
unbiased, proper monitoring, transparency, etc.
Clarification and early enactment of Model Panchayat Act, 2007
To ensure neutrality, SEC should be given status of High Court Judge
as recommended by NCRWC
Panchayats and Municipalities form the basic unit of our democracy and
effective decentralization to ensure free and fair elections are a must.
FREE,PRIOR AND INFORMED CONSENT (FPIC)

1.

What is Free, prior and informed consent (FPIC)?

Free and Prior informed consent means that the beneficiaries or people
affected by a development scheme or a project are aware of the terms
and conditions of the benefit and/or the effects it could have on their
life and they make an informed choice approving of the plan or project
In which Indian Acts FPIC is incorporated?
1.
PESA act, provides for authority to gram sabhas, in granting
clearance over certain types of projects, regulating activities like
moneylending, leasing or selling of land, sale of tobacco and alcohol
etc.
2.
FRA, 2006 provides forest community role in the conservation
of forests, right over the community land. Any development work
affecting forests or community resources are required to get prior
permission from Gram sabhas.
3.
Consent clause under Land Acquisition Act, 2013
Why FPIC should be made central tenet of all development and
welfare planning ?
4.
Deepening of democracy : more voice to people
5.
Sustainable development : balancing of rights of people with
the developmental activities.
6.
Inclusive growth : incorporating interests and aspirations of all
sections of society.
7.
Demand based development : instead of top imposed supply
based development.
8.
Strengthening of accountability of the elected representatives
to the people.
9.
FPIC reduce the chances of conflict between local population
and govt authorities or authority for development project. These
disputes are major setback for sustainable economic growth.

MAYORS

Why in news?

A private members bill was introduced in the parliament to provide for

direct election, and empowerment of the office, of mayors in large Indian
cities.

Why elect mayors directly?

Currently multiple civic agencies operate in cities which creates
accountability issues.
A Mayor is responsible for governance and remains accountable to
citizens. He has responsibilities but no authorities.
Weak urban governance and consequent urban mess that India finds
itself today can be largely traced to weak city-level institutions.
Hence, an empowered office of a directly elected mayor is desirable.

What is the current framework in cities?

Currently, the executive, financial and administrative powers are vested
with the municipal commissioner and his team of deputies, appointed by
the state government and drawn from the IAS cadre.

What are the challenges in implementing this?

The concept should face the following challenges before it becomes a
reality:
State governments do not wish to delegate more authority to citylevel institutions. Often, urban resources are transferred to rural areas in
the name of development. Even if the mayor is directly elected, the state
governments can refuse to devolve power and resources, effectively
reducing him to a figurehead.
Municipal commissioner also, sometimes, becomes hurdle. Even if
some powers are delegated to the municipality, the state governments
have in place municipal commissioners to perform the executive
functions, again cutting the mayor to size, the nature of mayoral election
notwithstanding.
A legislator will always see the directly elected and empowered
mayor as a potential future rival and will do everything in his command
to undercut his authority.
It is also widely felt that elected mayors may blur the lines between
the three tiers of government: the Union, the states and the local selfgovernments.

What needs to be done?

In the light of development, state governments should take up this
issue seriously and confer necessary powers upon mayor to effectively
discharge his duties.

To avoid conflict between elected mayor and municipal

commissioner, mayor may be made the executive head of the

municipality. Additionally, mayor may also be given the power to

authorize the payment and repayment of money relating to the
Municipality.
What is the current scenario?
At present, six states Uttarakhand, Chhattisgarh, Jharkhand, Madhya
Pradesh, Uttar Pradesh and Tamil Nadu provide for mayors that are
elected directly by voters for a five-year term. However, they remain mere
figureheads with limited financial and functional independence. The actual
power continues to lie with the state government, which runs the city
through the municipal commissioner.

What else should be ensured?

A mayor should have a fixed tenure.

A mayor would be effective only if the post carries financial and

executive powers.
Way ahead:
This calls for amendments to various Acts and laws, and these are likely to
be contested. It necessitates the re-drawing of the administrative
command structure, for example, the reporting relationship of the citys
police commissioner to the mayor and so on. Currently, the 74th
Constitutional Amendment Act provides for the transfer of 18 different
powers to urban local bodies, including the election of a mayor.
Conclusion:
The post of mayor should be important in itself and not just be seen as a
stepping stone to state or national level politics. A directly elected
mayoral system with a five-year term is a huge positive. However, for it to

yield results, the government will have to ensure mandatory devolution of

functions to municipalities, a more robust fiscal decentralisation and
empowering of the mayor to hire staffers. In the present system, a mayor
is not able to function because the power remains with the state
government.
METROPOLITAN PLANNING COMMITTEE

Facts:

India is on the way to have 69 metropolitan cities by 2025.

By 2030, the Mumbai Metropolitan Region will be more populous

than Australia and, with its GDP at about $230 billion in 2030, its
economy will be bigger than that of Thailand or Hong Kong today
Constitutional Provision related to MPC:
Article 243 ZE: Establishment of the Metropolitan Planning Committee
(MPC) to prepare a draft development plan focusing on shared resources,
investments, infrastructure and environmental conservation for the region
as a whole for approval by the state government

Why MPC has failed so far?

State governments are reluctant to concede power.
MPC as a supra-municipal authority has limitations. Because it does
not have executive powers, staff and budgets.
What is the solution?
A more democratic approach by providing the MPCs with a full-time
secretariat, which includes, staff, budgets and executive powers.
This body can be the middle layer between the municipal bodies
and the state government.
Housing, transport and police should be in the 12th Schedule.
Currently State governments continue to hold these functions. This
control provides state governments with unrestrained power over capitalintensive sectors, indirectly enabling them to control cities.
More financial resources at MPCs disposal
Ultimately move to a directly elected mayoral system of urban
governance like London
MUNICIPAL BONDS

A municipal bond is a bond issued by a local government, or

their agencies.
Muni bonds are very popular among investors in many
developed nations, especially in the U.S., where these have
attracted investments totalling over $500 billion and are among
preferred avenues for household savings.

The Bangalore Municipal Corporation was the first municipal

corporation to issue a municipal bond of Rs.125 crore with a State
guarantee in 1997. However, the access to capital market
commenced in January 1998, when the Ahmedabad Municipal
Corporation (AMC) issued the first municipal bonds in the country
without State government guarantee for financing infrastructure
projects in the city. AMC raised Rs.100 crore through its public issue.
Among others, Hyderabad, Nashik, Visakhapatnam, Chennai
and Nagpur municipal authorities have issued such bonds
As per guidelines of the Urban Development Ministry, only
bonds carrying interest rate up to maximum 8% per annum shall be
eligible for being notified as tax-free bonds.

Significance:

Money needed for urban governance can be raised via this

route

India needs 1 trillion dollar for infrastructure development.

Bond market can be an effective way to raise this money.
Why in news?

SEBI governor has asked the Municipal bodies to move to a

standard accounting practice. This will not only attract better credit
rating but also demand from more investors

He has also asked stakeholders to engage with other financial

regulators such as IRDAI (insurance regulator), PFRDA (pension
regulator) and EPFO (employee provident fund organization)
URBAN GOVERNANCE
What constitutes weak urban governance? Why urban governance
in India is weak? Discuss feasible measures to transform urban
India, and visibly enhance the quality of life for its citizens. (200
Words)
Weak urban governance is the absence of time bound citizen-centric
quality service delivery without adequate monitoring, feedback and
performance appraisal.

Reasons:
Absence of incentives, encouragement and promotions on basis of
efficiency.
Rampant corruption at multiple levels, nepotism, vested interests,
undue political interference, crony capitalism, allocation of tenders to
incapable contractors(Eg. recent flyover collapse in West Bengal)
Lack of monitoring and evaluation of officials and due accountability
and responsibility for timely completion of work
Absence of allocation of subjects as per 74th CAA
Limited monetary sources for Urban local bodies

Multiple government bodies with overlapping mandates leading to

inordinate delays and red tapism.
Measures:
Reforms in urban bodies by intake of professional and experts in
urban policy, planning and implementation
Giving more teeth and power to commissioners and councillors to
take important decisions
Increase limit of professional tax, popularise municipal bonds with
state guarantees, provide budgetary allocation
Implement 74th CAA in letter and spirit
Incorporate citizen charter, SEVOTTAM guidelines for service
delivery and code of conduct for public officials
Introduce mandatory e-governance for better G2B and G2C services
Fourteenth Finance Commission - CAG Audit, Grant to be divided
into basic and performance grants
Municipal Bonds
Sharing of royalty if mining is there in the area
SEPARATION OF POWER
EXECUTIVE ACCOUNTABILITY
The makers of our constitution made sure that each arm of power could
be held accountable for its actions by the other, by this logic, the
executive, is accountable to the legislature for all its actions involving the
implementation of laws or policies.

The instruments the legislature uses to exercise these accountabilities

are:
1.
The Parliamentary debates on policies and amendments
procedures, by which the legislature gets various points regarding the
laws and policies clarified and sometimes amended if necessary. Ex.
Land Acquisition Bill was not passed
2.
The control of the legislature over the spending of government
monies, through various committees set up for this purpose.
3.
Parliament control over taxes, which cannot be imposed without the
consent of the parliament.
4.
Control over major moves by the government, like appointment of
the president, amendment of the constitution, declaration of war etc.
5.
Accountability of the council of ministers to the parliament and the
ability of the parliament to express its loss of confidence in the current
government.
All these measures make for a system of checks and balances in place
thereby preventing the domination of any branch of the government, and
ensuring that the country is governed according to the laws and spirit of
the constitution.

Financial control:
Budget discussions, cut motions
PAC, EC, PSU C analyses reports of
NHRC, EC, UPSC etc. reports are analysed
No Confidence motion, censure motion, adjournment motions
Walk outs
The legislature in parliamentary system ensures executive
accountability at various stages: policy making, implementation
of law or policy and during and post implementation stage.
Discuss the instruments that the legislature uses for this
purpose. (200 Words)
EXECUTIVE JUDICIARY RELATION
The founding fathers while drafting the constitution didn't envisage a
water tight separation of executive and judiciary. Instead, the relationship
was envisaged as more of a check and balance type. The Keshvananda
Bharti case, and the resulting basic structure doctrine, is the epitome of
the checks and balance concept. These check and balances are an
essential
element
of
constitutionalism.
With a gradual decline in political culture, arbitrary use of executive power
is not unusual now-a-days. Laws get passed which are inherently
unconstitutional (Sec 66-A of IT Act); arbitrary allocation of natural
resources (Coal Block Allocation) has become a norm; election
malpractices (RPA Act and disqualification); taxpayer's money is used to
further political interest (Government Advertisement issue) etc.
Against this backdrop, the judiciary, as the custodian of individual rights,
has taken activist stances giving directives against arbitrary use of power.
It has also, on many occasions, questioned executive on socio-economic
condition of the marginalized. Rather than following the law by letter, it
has followed the spirit of the constitution and the laws.
However, judiciary has more or less resisted this check and balance on
itself under the garb of 'independence of judiciary'. Any attempts of
towards transparency in selections of judges, accountability of judges etc.
have been thwarted by judiciary.
The constitution implicitly, rather than explicitly, provides their separation
by separating the provision related to both in separate chapters.
Independence of judiciary has been provisioned in the form of charged
expenditure, tough removal etc.

Do you think the confrontation between the executive and the

judiciary is a thing of past? How does the Indian constitution
strive to forge harmony between these two organs of the
government?
Critically
discuss.
(200
Words)
JUDICIAL INDEPENDENCE
A countrys legal institutions are said to have Judicial Independence if
they are,
1.
Able to function independently without pressure.
2.
Their judgments are carried out without any hindrance.
3.
Appointments of Judges to their chair are without any bias or undue
favour.
Indian Judiciary already has a high level of judicial independence, but we
can strive to protect and further this independence by;
1.
Stricter meritocracy in the appointment of judges, especially in the
lower levels.
2.
Enacting stricter laws for contempt of court as we have instances of
rich and influential personalities regularly skipping trials and hearings.
3.
Assigning special investigation teams to report directly to the court
bypassing concerned governments, this will increase the independence
of court procedures and discourage interference of vested interests.
4.
Discouraging judges from taking up posts like governorships after
retirement, promise of which may compromise their freedom and the
independence of court.
5.
Appointing judges, through the NJAC, this gives a more balanced
panel than the older systems and therefore increased impartiality.
The independence of the Judiciary is of paramount importance for a large
and diverse democracy like ours, and by ensuring it we can further
improve the peoples faith in our already reliable legal system
What do you understand by Judicial Independence? How can the
independence of judiciary be provided and protected in India?
Critically examine. (200 Words)
NJAC
SC strikes down NJAC Act and 99th CAA as unconstitutional and collegium
system as it existed before, will become operative again

Models in other countries:

Split model
Collaborative model
Judicial self-selection commission model
Judicial
appointments
commission

model

The diversity of constitutional ethos in different countries suggests that it

may not be a good idea to borrow other systems for the selection of
judges.
Democratic values are strengthened not only be a strong legislature but
also by a strong judiciary so that a mutually respectful and independent
partnership on the public's right to justice is maintained.
In the United States, the Executive (the President) has the power to
appoint but by and with the advice and consent of the Legislature (the
Senate). In both Australia and Canada, it is the Governor General (read:
the Prime Minister) who appoints the judges. Serving judges, including the
Chief Justice, have no say in the appointments.
In no country of the world do serving judges exclusively select and appoint
judges. In the Indian context, it may be conceded that the Executive
should not have the exclusive authority to appoint judges. The judiciary
too must have a role.
Four Fundamental premises of NJAC judgement:
1.

Exclusive authority of the judges is essential to protect the

independence of the judiciary (corollary: participation, even minimal, of
the Executive or civil society will compromise judicial independence).
2.
No one outside the judiciary has the wisdom to assess the ability
and suitability of a person to be appointed as a judge (corollary: judges
always do an outstanding job of selecting new judges).
3.
Thirdly, civil society cannot offer two eminent persons to participate
in the selection process (corollary: once appointed, judges are evolved
members of the human race that sets them apart from the rest).
4.
Fourthly, politicians are corrupt and unworthy (corollary: judges are
incorruptible).
There is climate of Institutional Mistrust.
NJAC

Effect

on

Judiciary:

Proponents of the NJAC argues that the earlier collegium system of

appointment of judges was afflicted by nepotism, patronage, corruption
and opaque system of appointment. This created mistrust among the
people and other judicial members about the credentials of the selected
person, besides making the whole process opaque.
NJAC is intended to bring to required transparency and a sense of
accountability in the selection and transfer of judges. The NJAC would
comprise the CJI as its head, two senior most judges of the SC, Union Law
minister and two 'eminent jurists'(to be selected by PM ,LOP in LS and
CJI).By including the executives and the 'eminent persons' in the selection
panel it will curb the arbitrariness in the selection process.

However, the members of judiciary argue that this will be against the
separation of powers principle of the Indian constitution and interference
by the executives. Their power of selection could be easily vetoed by the
executives
Flaw

in

NJAC

Act:

1.
2.
3.

non-definition of eminent persons,

veto for any two members, and
possibility of a caucus of non-judge members rendered the law
defective.
4.
At the same time, the argument that the presence of the Law
Minister or two eminent persons in the NJAC vitiated the system is
hopelessly flawed
What

are

the

arguments

against

the

collegium

system?

Experts point to systemic errors such as:

1.
The administrative burden of appointing and transferring judges
without a separate secretariat or intelligence-gathering mechanism
dedicated to collection of and checking personal and professional
backgrounds of prospective appointees;
2.
A closed-door affair without a formal and transparent system;
3.
The limitation of the collegiums field of choice to the senior-most
judges from the High Court for appointments to the Supreme Court,
overlooking several talented junior judges and advocates.
Suggestion:
1.

The collegium shall have exclusive authority to nominate persons

for consideration for appointment as judges of the High Courts and the
Supreme Court.
2.
A Judicial Appointments Commission shall review the candidates
nominated by the collegium and recommend persons considered suitable
for appointment to the President. The Commission shall be broad-based
(like the 15-member body in the United Kingdom) and shall have judges,
jurists, legal scholars and the Law Minister.
3.
A person nominated by the collegium and recommended by the
Commission, and no other person, shall be appointed as a judge.
In a democracy, there is no such thing as a perfect electorate, a perfect
legislature, a perfect executive or a perfect judiciary. In their
imperfections, they interact and make political, economic and social
progress possible.

Note:
Article 50 - Separation of power

3rd Judges case - let to supremacy of judiciary in appointments and

made collegium recommendation binding
In your opinion, should the judiciary retain its primacy in
appointments, or should it share an equal responsibility with the
executive? Also analyse how would the National Judicial
Appointments Commission affect the Constitutional role of the
Chief Justice of the Supreme Court. (200 Words)
Recently the Union government notified the National Judicial
Appointments
Commission
(NJAC)
law.
Critically
analyse
objectives and functions of NJAC and their effect on structure of
Indian judiciary. (200 Words)
SEPARATION OF POWERS
The separation of powers of the legislative, the executive and the judiciary
as articulated by Montesquieu, effectively limits the possibility of
arbitrary excesses by government. He considered the Legislature, the
Executive and the Judiciary as the three branches of the Government. He
thought that it was very important to create separate branches of
government with equal but different powers in order to ensure the
freedom of the people. According to him each branch of Government
could limit the powers of the other two branches without encroaching
upon them.
India does not have strict separation of power as executive is part of
legislature however India has system of checks and balances where one
branch can check the arbitrary action of other.
System of Checks & Balance:
Action Of

Checked By

Using

Executive

Legislature

Parliamentary Control,
Budget,
Collective Responsibility,
Individual Responsibility,
Other Parliamentary tools

Executive

Judiciary

Judicial Review,
Writs

Legislature

Judiciary

Judicial Review

Legislature

Executive

Judiciary

Executive

Appointment & Removal by President,

NJAC

Judiciary

Legislature

Impeachment procedure, Strength

Each branch of the government has some influence over the actions of the
others, but no branch can exercise its powers without cooperation from
the others. Each branch has some say in the work of the others as a way
to check and limit their powers, but no branch may encroach
unconstitutionally upon the domains of the other branches. In this system
of separation of powers, with its checks and balances, no branch of the
government can accumulate too much power. But each Branch and the
government generally, is supposed to have enough power to do what the
people expect of it. So the government is supposed to be both limited and
strong: strong enough to be effective in maintaining order, stability, and
security for the people, but not strong enough to threaten their liberty.
Other institutions outside government also serve as checks and balances
on the powers of the executive, the legislature, and the judiciary. These
include a free press that can investigate and report on government
actions, non-governmental organizations that advocate for different
interests, and the power of the people in whom government authority
ultimately rests.
Ordinance

Power

The power to issue ordinances derives from Art. 123 and is normally to be
exercised to bring in urgent legislative measures when Parliament is in
recess. It is not one to be resorted to merely because the government of
the day lacks a majority in the Upper House or is unable to break a
deadlock
in
Parliament.
The recent government has promulgated nine ordinances in its eight
months which has come under severe criticism for bypassing legislative
scrutiny.
A similar criticism forwarded is the use of Joint Sessions under Art 108
when a bill is rejected by either house. Since bills are decided via simple
majority, a government that enjoys the majority in the larger house
usually prevails. This is considered improper as the Upper House is
designed to be a check against the popular majority of the Lower House.
On the other hand, legislative productivity has been on the decline over
successive parliaments with inefficient floor management, frequent house
disruptions over minor issues and a general reluctance across parties to
make pragmatic concessions. Recent examples are when legislative
business was stalled over issues like reconversion, and comments by
some
members
of
Parliament
outside
it.
The government argues that stalled legislation has created a glut where
defence, infrastructure and rural power projects were stalled due to the
land acquisition process. Similar urgency has been cited when
promulgating ordinances for Citizenship, Coal Mines, FDI in Insurance,
etc.

Some

checks

and

suggestions:

1.

The supreme court can cap the lifetime of Ordinances by

preventing re-promulgation as ruled in D.C. Wadhwa versus State of
Bihar

2.

Presidential discretion is also an available check via his/her various

veto powers as an Ordinance is indistinct from an Act of Parliament.

3.

Disruptions are undemocratic because they allow a vocal minority to

stall the popular majority from conducting legislative business. There
should be a multi-party agreement to not disrupt proceedings and
undertake sessions in a parliamentary manner. A code of conduct might
be
in
order.

4.

Government should try to build consensus rather than trying to

bypass the opposition
___
A 213 - Ordinance power of governor

Executive cannot misuse the extraordinary provisions of

"Ordinance making" and "Joint session" to undermine the
legitimate role of legislature and Rajya Sabha in particular.
Explain using recent examples. (200 Words)
COMPARISON WITH OTHER NATIONS
FEDERALISM
Federalism in the modern Age is a principle of reconciliation between two
divergent tendencies, viz., the need for local autonomy and the widening
range of common interests Lord Acton
Indian federalism is unique
- Unity while permitting diversity,
- oneness, while providing for division,
- a modern federalism
Federalism removes friction, stops disintegration, suppresses jealousy,
checks wars, and creates powerful and peace-loving nations out of a
heterogeneous mass of human beings living apart and in different parts of
the world.
Most remarkable feature of the Indian Constitution is its federal structure,
together with a form of unitary government with a dual polity and a single

set of rights and obligations. According to Basu, Indian Constitution

is partly rigid and largely flexible.
Comparison with US:
US Constitution has dual citizenship, dual constitution, an independent
though non-singular judiciary and equal representation of states in US
Congress, while India has single constitution, judiciary, citizenship, and
unequal representation of states in Rajya Sabha. Procedure to amend
Constitution in simpler in India than US (2/3th states ratification). Indian
states are destructible, while USA has indestructible states.
Comparison with Germany:
German federalism evolved as a model in its own right, neither following
the American plural nor the British parliamentary tradition. Unlike Indian
Constitutions, which adopted Position of President, impeachment
procedures, Federal structure from US and Bicameralism, single
Citizenship, etc. from British. German Constitution is the direct
participation of regional governments in the federal process of legislation,
while India ignores units only Special Amendment needs states
ratification.
Explain the key ideas and concepts associated with federalism.
Examine how Indias federal set up is different from that of
Americas and Germanys. (200 Words)
INDIA VS US CONSTITUTION
Being the largest democratic countries in the world, both United States
and India are based on federalism in their political structure. US became a
Federal Republic State by promulgating its constitution in the year1789;
whereas India became a Socialist, Sovereign, Secular, Democratic
Republic by formally launching its constitution only in the year 1950.
Similarities between US and India:1.
Written constitution
2.
Bill of Rights and Fundamental Rights
3.
Supremacy of the Federal or Union Government
4.
Division of Labor and Separation of Powers
5.
Powers of Checks and Balances
Differences between the federalisms of US and India:
1.
The Constitution of US is more rigid than the Indian Constitution
2.
While US has the Presidential form of Government, India has the
Parliamentary form of Government
3.
Differences between the legislatures of US and India: In India, the
lower house or the Lok Sabha is more powerful and its members are
directly elected by the people and the members of the Upper house or

Rajya Sabha are indirectly elected every two years. The Lok Sabha
members represent their constituencies on the basis of their population
strength; In the US, the House of Representatives are elected on the
basis of the population strength of a state, but irrespective of the size of
the state or its population, each state in the US has only two senate
members, totaling 100 members in all in the US. While the Lok Sabha or
the lower house is more powerful in India, the House of Senate or the
upper house is more powerful in the US. While a Senate member in the
US is directly elected, a Rajya Sabha member in India is indirectly elected
by a system of proportional and transferable voting system.
4.
Differences in the judicial system between US and India: While the
US has an advanced judicial system, India has a rapidly developing
judicial system. India has integrated judiciary with
Supreme Court been given very wide powers, including appellate (Civil
and criminal) jurisdiction. The Supreme Court of American has not been
given such type of appellate jurisdiction.
5.
India has single citizenship for Union and state while in USA there is
dual citizenship- one Federal Citizenship- another State Citizenship.
6.
In India Center has been residuary powers while in USA States have
residuary powers.

Compare and contrast the First and Fourth Amendments to the

American Constitution with the related provisions of the Indian
Constitution. (200 Words)
From historical perspective, US constitution was made in period of
revolution, when rights given to people were more important than
maintaining "unity and security" of the nation. While Indian constitution
was made during period of turmoil, religious dis-harmony and communal
violence, so rights given to people of India were not at par US Bill of
Rights.
US constitution, First Amendment prohibits the making of any law
respecting an establishment of religion, making US secular
nation. It also provides Freedom of Speech without restrictions and
freedom to Press, right to assemble peacefully. Similarly, Indian
Constitution Provides Fundamental Rights (articles: 25 28) for freedom
to religion, Article 19 which provides Freedom of expression and speech
including freedom of press. In Contrast, Article 19 has certain enabling
restriction which are absent in US constitution.
The Fourth Amendment guards against unreasonable seizures; it
requires warrants having judicial sanction. It was adopted as a response to
the abuse of the writ of assistance, which is a type of general search
warrant, in the American Revolution. Indian Constitution, Article 22
(protection against arrest and detention), it applies to all arrests made
under any law except in the cases of preventive detention. There
is no scope of preventive detention in US constitution. India is only

country to have "preventive detention" which can be induced in

connection with security and public order. The provision of preventive
detention
is
a
necessary
evil.
Thus, Indian constitution provides Fundamental rights are in prohibitive
nature, while US constitution provides rights in enabling nature.
INDIA VS US TREATY PROCESS
While it is acknowledged that Foreign Policy of a nation is determined by
the
executive branch, the legislature also exercises some amount of influence
on it. It
might even have some powers over certain aspects of foreign policy.
The US system
While the President has executive powers to enter into a treaty, it will only
be applicable to the United States when the Senate (The upper House)
agrees to it by two-thirds majority. The House of Representatives (Lower
House) has no role in ratifying a treaty. The lower house only has a role if
the treaty needs funds to be operationalised which can only be sanctioned
by the House of Representatives.
Another way to sanction a treaty is to pass it as a common bill. Thus, both
the houses vote on it as any other ordinary bill. If the subject of any treaty
lies within the domain of the president's executive power, he can enter
into the agreement. However, it is not binding on the US and can be
revoked by any future president.
The Indian System
The Indian Constitution does not expressly spell out the conditions of
treaty ratification. However, it has given parliament the right to regulate
the same by passing any law. Since, the Parliament has not done so,
treaties are entered into by the executive and do not need any
parliamentary ratification.
Only if a treaty needs a constitutional amendment or a legislation to be
operationalised is the parliament involved. Eg. LBA agreement with
Bangladesh. Both houses of the parliament have equal rights in the
matter. Parliament can also bring No-Confidence -Motion--as against
Jawaharlal Nehru on the issue of Chinese aggression.
Thus, we can see the difference between the Indian and US system of
treaty ratification. Apart from this, both houses also exercise an advisory
influence over their respective executives. And the executive does give
due consideration to the wishes of the legislature.

Compare and contrast the role of each individual houses of

Indian and US bicameral legislatures in deciding foreign policy
outcomes of their respective nations. (200 Words)
INDIA VS UK ELECTIONS
India being an ex-colony of Britain, has imbibed its political structure from
the
Westminster style of Parliamentary Democracy. Though there are a lot of
similarities the election process has its share of differences as well.
Similarities
1.
Both are parliamentary democracies
2.
India has shaped its lower house after the House of Commons
3.
Both have the First-Past-the-Post, FPTP, model of elections into the
lower house of parliament, based on territorial constituencies
4.
Both are multiparty democracies
Differences
1.
The election dates are fixed by the Election Commission in India
whereas the elections have fixed dates in England
2.
Ballot boxes are used in England whereas electronic voting
machined have been put to use in India since 1998
3.
The size of the lower house and the constituency differ from those of
India, the House of Commons has 650 MPs each elected by an
constituency of 70,000 voters, whereas India has 543 MPs each elected
by constituency of 1.6 million voters
4.
Since elections have seen more time in England there is definitely
more trust in the system, no voter cards, markings on the fingers are
used. In India we face a huge electorate and certain precautions need to
be taken
5.
In England there are still complains that Ballot papers do not reach
certain booths on time, this is not the case in India where the Election
Commission makes sure that EVMs are distributed even in the remote
corners and areas threatened by Left Wing extremism
6.
The process of elections in the U.K, unlike India, is not threatened
with violence, booth capturing, rigging and abuse of money
While FPTP System is relatively inexpensive, easy to administer and
suitable with a huge electorate like India, it has come under sever scrutiny
because of the following reasons:
1.
There are a number of constituencies where the candidate polling
less than 50% is declare winner. However, the results don't reflect on the
preferences of more than 50% of the electorate.
2.
This consequently, creates a distortion between the votes polled by
a party and the seats it secures in the legislature. While BSP with vote
share 4% has no seats, TMC with 3.8% has 34 seats.
3.
Further, FPTP may not be suitable for representation of minorities
etc.

An answer to these anomalies has been PR which is more representative

of the electorate especially w.r.t minorities, women, regional groups etc.
However, it may lead to greater divisions and polarization. Further, this
may lead to unstable government which is antithetical in a developing
country like India. Also, in a country like India this may aggravate the
menace of criminalization in politics because of lower threshold to get
elected.
The answer to a country like India is Semi Proportional System as
recommended by Law commission in 170th report which tried to combine
Compare and contrast the election process to their respective
parliaments in India and the United Kingdom. Considering recent
elections in UK and India, do you think the first-past-the-post
system of election should be replaced with proportional
representation system? Examine. (200 Words)
LEGISLATURE
AADHAR AS MONEY BILL
15/04/2016
Context: Aadhar Bill was stalled in Rajya Sabha as government do not
have majority there. So, the amendments made by the Rajya Sabha were
rejected and the Aadhaar bill was passed as a money bill because Rajya
Sabha can not stall a money bill.
Basics of Money Bill:
A money bill is a bill where Rajya Sabha or the Upper House has no
authority to amend it in any way
There are six condition for a bill to be a money bill and they pertain
to taxes, government borrowings and expenditure etc.
Article 110 talks about money bill and the matters exclusively
contained in that are called money bill.
The Lok Sabha may or may not accept the recommendations of the
Rajya Sabha
If Rajya Sabha does not even return the bill in 14 days, it is
considered passed in both houses. President can withhold assent to
money bill but cannot return it for reconsideration of the Lok Sabha
There is no question of joint sitting in case of money bills because
opinion of Rajya Sabha is immaterial in their case
Indian Parliament have a Speaker who is the authority to classify a
bill as money bill or as not a money bill and the decision is final
Features for which a bill can be called a money bill:

Our Constitutionspecifies six conditions for any bill to be a money bill, and
states thatthe bill should have only these features, or any item incidental
to it. The six conditions are related to:
The imposition, abolition, remission, alteration or regulation of any
tax
Regulation of borrowing or the giving of any guarantee by the
government of India, or undertaking financial obligation by the
government
The custody of the Consolidated Fund of India (CFI) or the
Contingency Fund of India, the payment of moneys into or
withdrawal from them
The appropriation of moneys out of the CFI
Declaring any expenditure as a charged expenditure on the CFI
The receipt of money on account of the CFI or the public account of
India or the ambit of accounts of the Union or of a state
Comparison with Britain:
In Britain money bill certified by the speaker requires Speaker to
consult two other people.
Also in India Speaker does not resign from party unlike Britain thus
some party influence always remain.
Is Aadhar a money Bill?
The bill provides for a mechanism to identify a person using biometrics,
and states that this could be used for providing subsidies or government
services. However,it also allows the Aadhaar system to be used for
other purposes. Therefore, it seems to contain matters other than those
that are incidental to expenditure from the Consolidated Fund. That is, it
does not seem to fit the requirement of only the matters listed
The controversy:
The Aadhar bill was passed in Lok Sabha as money bill although it
contained non money matters
A writ petition has been filed in the Supreme court challenging the
classification of the bill as money bill
Why some bills are labelled as money bills and require only the
Lower House to pass them in Indian legislatures?The Constitution
says the decision of the speaker shall be final in deciding which
bill is money bill. Should this provision be amended? Comment.
(200 Words)
ANTI DEFECTION

30/04/2016
What is Anti-defection law?

The anti-defection law was passed by parliament in 1985 strengthened

in 2002. The52nd amendment to the Constitution added the Tenth
Schedulewhich laid down the process by which legislators may be
disqualified on grounds of defection.
Conditions of Disqualification If a member of a house belonging
to a political party:

Voluntarily gives up the membership of his political party, or

Votes, or does not vote in the legislature, contrary to the directions
of his political party.

However, if the member has taken prior permission, or is

condoned by the party within 15 days from such voting or
abstention, the member shall not be disqualified.

If an independent candidate joins a political party after the

election.

If a nominated member joins a party six months after he

becomes a member of the legislature
91st Amendment Act

It omitted paragraph three from the Tenth Schedule that

allowed one-third of the parliamentarians/legislators to split from
their parent party.

However, it left paragraph four in place, which allows twothirds of the members of a parliamentary/legislative party to merge
with an existing political party or form a new political party.

Essentially what this constitutional amendment did was raise

the wholesale defection bar from one-third to two-thirds
The law also made a few exceptions:

Any person elected asspeaker or chairman could resign from

his party, and re-join the party if he demitted that post.

A party could be merged into another if at leasttwo-thirds

(Initially one-third) of its party legislators voted for the merger.
However, the law has had some unintended consequences too:

The law succeeded in checking the regular phenomenon of

unstable governments and horse-trading due to floor crossing by
legislators. However, it played a huge role in encouraging
thecentralisation of Indias political parties.

Legislators in India now cannot take a stand against party

leaders or defy the party whip, and use their conscience to vote on a
Bill in the House due to fear of losing their seat under the provisions
of the Anti-Defection law.

This has also the effect ofdis incentivising lawmakers from

seriously thinking, researching or even rifling for best practices to
incorporate into legislation that is before the House for consideration
and focus their energies on procedural matters.

Also, a legislator cannot question the sweet deals or alliances

between top party leaders.

Does the law impinge on the right of free speech of the

legislators?
This issue was addressed by the five-judge Constitution Bench of the
Supreme Court in 1992 (Kihoto Hollohan vs Zachilhu and others). The
court said that the anti-defection law seeks to recognise the practical
need to place the proprieties of political and personal conduct above
certain theoretical assumptions. It held thatthe law does not violate
any rights or freedoms, or the basic structure of parliamentary
democracy.
What changes can be brought in?

Thedisqualification of a member of a House should be only on

the grounds that if he votes or abstains from voting in the House
with regard to a Confidence Motion, No-confidence Motion,
Adjournment Motion, Money Bill or financial matterscontrary to the
direction issued in this behalf by the party to which he belongs to
and in no other case.

Whips can be issued only for those legislative items that

threaten the stability of government.

As recommended by the Goswami Committee, the

government should consider giving thepower to decide on
disqualification under the Act to the President or the Governor, who
shall act on the advice of the Election Commission.
Recent Issues:

Recent disqualification of 9 rebel MLAs in Uttarakhand under

anti- defection law has once again brought back discussions
surrounding the law to the fore.

Amar Singh and Jaya Prada, who were members of the Rajya
Sabha and the Lok Sabha, respectively, moved the court on their
expulsion from the Samajwadi Party on February 2, 2010,
anticipating ouster from Parliament. As per the interpretation of the
anti-defection law by the Supreme Court in 1996, a member elected,
or nominated, by a political party continues to be under its control
even after expulsion.They felt this impinged upon the fundamental
rights of the expelled members, including their rights to equality.
BICAMERAL LEGISLATURE
Need

of

Two

Houses

India is Union of States. The wisdom of having two houses affirms our
Constitution as Federal in nature. Indian Constitutions has adopted many
Westminster model features and Bicameral legislature with names Lok
Sabha and Rajya Sabha is one among them.

Necessity of Two Houses:

1.
Rajya Sabha reflects a federal character by representing the units of
the Union. While Lok Sabha represents spirit of people.
2.
Both Houses plays positive role in matters of Legislations.
3.
They check on abuses of democracy in their own defined
jurisdictions.
4.
Two houses checks the tendency of Government to take populist
measures under an unstable political Scenario.
5.
Rajya Sabha also poses a moral authority over a care taker
government (when LS dissolves)
6.
Two vetoes (from two houses) on the matter of policies of
Government give Democracy wider scope to become healthier.
7.
Second Chamber members are much different from Elected Member
of Lok Sabha. Most of RS members are experts in their field, like
businessmen, historians, journalist, actors, law expert, etc. they helps in
ushering and presenting aspirations of all kind freedoms provided by
constitution of India in the parliament
8.
The emergency situation when Lok Sabha is dissolved, only Rajya
Sabha can take vital decisions in interest of nation and States. Example
Kargil War (1999).
Two houses functioning in tandem because none is superior to other is real
success of Representatives of People of India. Thus, diversity in India and
the need for Cooperative Federalism justifies need of two houses in
Indian Parliament.
CONSOLIDATED BLOC IN RS
Vice-President and Rajya Sabha Chairman Hamid Ansari has recognised a
group of 22 MPs belonging to smaller parties and certain Independents as
a consolidated bloc the United Group. With this recognition the United
Group, will be the third largest group of MPs in the Rajya Sabha, after the
Congress and the BJP.
This is only the third time in the history of Indian Parliament consolidated
bloc has been recognised, the first was in 1983 and the second in 1990.

What are benefits for consolidated bloc?

The newly recognised bloc will find a place in the Business Advisory
Committee (BAC) that decides time allotment. Thus, MPs of bloc will
secure more time to speak in House debates.
At present, time allotted to parties to speak on debates depends
entirely on their strength in the House.
Earlier due to their solitary or numerically lean status, members of
this bloc had as little as three minutes of speech time.
Thus, a grouping of this kind will make it possible for a party like
Sikkim Democratic Front with a single MP to speak for as much time as
say, a Samajwadi Party with 19 MPs in Rajya Sabha

DELHI PARLIAMENTARY SECRETARY CONTROVERSY

Issue:
AAP government had appointed 21 MLAs as Parliamentary Secretaries,
a post with benefits, thus breaching "Office of Profit" rule. A Bill passed
by Delhi Government to bypass this rule is rejected by President and
thus 21 AAP MLAs face disqualification.
What Constitution says?
There are two issues related to this:

Office of Profit angle : The constitution specifies that any

person holding an office of profit under state or central government,
will be disqualified from the post of MP, MLA, member of Panchayats
or Municipality. This is done so that their in no conflict between the
duties and interests of an elected member.

Limitation on number of ministers: Under Article 164(1A)

the constitution puts a limit that the number of ministers including
the chief minister cannot exceed 15% of the total strength of the
assembly (It is 10% in case of Delhi). Now, since the parliamentary
secretary hold the rank of minister of state, they also fall under the
limit of 10% for Delhi govt. Hence, appointing 21 MLAs as
parliamentary secretary is unconstitutional.
What was the Bill about?

Through the bill, the Delhi government had sought an

amendment to the Delhi Members of Legislative Assembly (Removal
of Disqualification) Act, 1997.

The bill aims to exclude the post of parliamentary secretary

from the office of profit and exempt the post from disqualification
provisions.

The bill was forwarded by lieutenant governor Najeeb Jung to

the centre, which in turn was sent to the President with its
comments.
Why was the Bill passed?

The government had in March last year appointed 21 of its

MLAs as parliamentary secretaries in various ministries to speed up
public work. The move was criticized by members of the opposition,
who called it unconstitutional.

The bill was passed by the Delhi assembly after questions

were raised over the legality of the appointment. The bill was also
intended to provide security cover for those legislators appointed as
parliamentary secretaries.

At the time of their appointment, the government had said

that parliamentary secretaries will not receive any remuneration or
perks from the government. But later on, they were allowed use of

government transport for official purposes and space in ministers

office.
What can be the implications of this decision?

Section 15 of the government of NCT of Delhi Act, 1991 says a

person shall not remain an MLA if he or she holds any office of profit
under the Centre or government of a state or UT.

In the event of disqualification of the AAP MLAs, by-election to

nearly onethird of the seats currently held by the ruling party will
be necessitated.

Such a development will follow only after the EC completes its

proceedings on a petition seeking the disqualification of the MLAs.
Are there any precedents?
Yes :

A Telangana government order appointing Parliamentary

Secretaries was stuck down in 2015 by the High Court in
Hyderabad.

In 2009, such appointments were held unconstitutional in Goa,

and in 2005 in Himachal Pradesh.
What is the verdict of Delhi HC?

The Delhi High Court has set aside the AAP governments
order appointing 21 MLAs as Parliamentary Secretaries since it
lacked the approval of the Lieutenant Governor (LG), the
administrative head of Delhi

The Election Commission will now decide whether to continue

hearing a petition asking for the disqualification of the legislators
DELHI POWER TUSSLE

Delhi HC says:
o
Lieutenant Governoris its administrative head
o
Delhi is a Union Territory
o
HC also set aside the AAP governments contention that the LG was supposed to actonly on the aid and advice of the
Ministers
o
The court also quashed several notifications issued by Chief
Minister Arvind Kejriwal after returning to power in February
2015, terming them illegal as they were issued without
concurrence of the L-G.
SC says:
o
The Supreme Court has agreed tolay down the law on
whether the Lieutenant Governor (LG) of Delhi can unilaterally
administer the National Capital without being bound by the aid and
advice of the elected government.

The Supreme Court has refused to stay the HC judgment,

despite submissions by Delhi government that the verdict affects
all future governments and all future relationships between the
Centre and the State.
o
The HC hadupheld the LGs power not only over the police,
land and public order but also in services. The judgment had
effectively shrunk the Delhi Cabinets girth.

Background:
o
The1996 judgmentby the Supreme Court inNorth Delhi
Municipal Corporation versus State of Punjabclearly terms Delhi as a
Union Territory in a class by itself.
o
The judgment observed that the Union Territory of Delhi is in
a class by itself but is certainly not a State.
o
Union territories are in different stages of evolution.
o
Union Territories are governed by Article 246 (4) of the
constitution notwithstanding the differences in their respective setups.
o

POST LEGISLATIVE SCRUTINY

Facts:

India has 2500 laws at central level, one of the highest

Post-legislative scrutiny is a norm is developed countries like US,

Australia, Canada etc.

Why Post-Legislative Scrutiny is needed?

Policy-makers and bureaucrats have no systematic evidence about
the efficacy and performance of a law because there is no provision of
post scrutiny. They mostly use anecdotes and evidence provided by nonofficial sources such as corporates or NGOs and advocacy groups to
argue for or against an amendment in a law
These reviews can be designed to assess whether the objectives
and the anticipated effects of a piece of legislation have actually taken
place on the ground.
They can also identify any unintended effects that may have arisen
from the legislation.
Another benefit would be the systematic collection of data that
would be a pre-requisite of any evaluation of this kind
Incorporate changes in technology : For eg, Press trust of India was
formed to regulate print media. With growth of broadcast and online
media there is need for legislation to regulate them
Incorporate changes in societal standards : many countries have
legalised gay marriages, passive euthanasia and abolished death penalty
due to change in societal standards

Assess administrative capacity : as many laws are difficult to

enforce due to poor capacity and need reassessment for e.g. ban on
public smoking, public urination etc.
To fill loopholes in the law : many laws have been exploited in the
past ex. land ceiling acts, section 8 (3) of the RPA act etc.
Check the possible fallouts and irrelevance : for e.g.. under IT act,
2000, section 66 which had a chilling impact on free speech, POCA act
has prevented officers from taking risky decisions
Judicial impact assessment of laws must be done to prevent
unnecessary burdening of judiciary.
Social impact assessment to prevent societal distortions

How Post-Legislative Scrutiny can be done?

1.
Compulsory provision of review by parliament after certain time.
2.
Use of sunset clauses in laws dealing with sensitive issues such as
preventive detention.
3.
Mandatory assessment by parliamentary departmental standing
committees on the effectiveness of law.
4.
Setting up of committees: as in case of environmental laws ( T S R
Subramanian ), review of company act etc.

SPEAKER ROLE IN MONEY BILLS

Focus of this article:

Can Speakers discretion of declaring a bill money bill be questioned in
Courts?
Why this discussion?

Recently, the Aadhaar Bill and the Finance Bill were passed as
Money Bills, though they may not have met the strict criteria laid out
in the Constitution.

This meant that the Rajya Sabha had only a recommendatory

role while discussing these Bills.

While the Speaker has the power to determine whether a Bill

fulfils the requirements of a Money Bill, there has to be a check to
ensure that this power is not misused.

The Supreme Court should examine this issue under its power
of judicial review .
What is a Money Bill?

Article 110(1) of the Constitution states that a bill can be

termed as a Money Bill if it contains only six types of provisions or
anything incidental to these.

Broadly speaking, these include taxation, government receipts

and expenditure, government borrowings, and guarantees.

Procedure for the passing of Money Bills

Article 109 of the Constitution laid down the special procedure in
respect of Money Bills . The following is the procedure for the passing
of Money Bills in Parliament :

A Money shall not be introduced in the Council of States.

After a Money Bill has been passed by the House of the People
it shall be transmitted to the Council of States for its
recommendations and the Council of States shall within as period of
fourteen days from the date of receipt of the Bill return the Bill to
the House of the people with its recommendations.

If the House of the people accepts any of the

recommendations of the Council of the States , the Money Bill shall
be deemed to have been passed by both Houses with the
amendments recommended by the Council of States and accepted
by the House of the People.

If the House of the People does not accept any of the

recommendations of the Council of States the Money Bill shall be
deemed to have been passed by both Houses in the form in which
it was passed by the House of the People without any of the
amendments recommended by the Council of States.

If a Money Bill passed by the House of the People and

transmitted to the Council of States for its recommendations and is
not returned to the House of the People within the said period of
fourteen days, it shall be deemed to have been passed by both
houses at the expiration of the said period in the form in which it
was passed by the House of the People .
Two recent cases:

Aadhaar Bill passed as Money Bill

a.
Arguments in favour: The primary objective of the
Aadhaar Bill is to create a system for providing subsidies, and as
the provisions relate to government expenditure the Bill can be
termed as a Money Bill.
b.
Arguments against: The counterargument is that the
Aadhaar Bill has several other provisions, including permitting
use of the system for other purposes, so it does not meet the
requirement of having only the six provisions.

Finance Bill passed as Money Bill

The Finance Bill too had provisions other than those related to
taxation.

It amended the Reserve Bank of India Act to enable the

creation of a monetary policy committee.

It also amended the Foreign Contribution Regulation Act (with

retrospective effect) to change the definition of foreign company.

Can the Supreme Court examine whether the certificate of the

Speaker was correctly given?

Article 110(3) states: If any question arises whether a Bill is a

Money Bill or not, the decision of the Speaker of the House of the
People thereon shall be final.

In addition, Article 122 prohibits courts from inquiring into

proceedings of Parliament and examining their validity.
Various Court decisions with respect to Speakers powers:

Case 1:
a.
In Mohd. Saeed Siddiqui v State of U.P., Supreme
Court decided that the decision of the Speaker is final and the
said decision cannot be disputed nor can the procedure of the
State Legislature be questioned by virtue of Article 212.
b.
The Article 212 applies to State legislatures and is
analogous to Article 122 for Parliament.
o
Case 2:
a.
InKihoto Hollohan v. Zachillhu,the Supreme Court
examined the constitutional validity of Paragraph 6(1) of the
Tenth Schedule.
b.
In this case , SC said that speakers decision can be
reviewed under Articles 136,226 and 227 of the Constitution in
so far as infirmities based on violations of constitutional
mandates, mala fides, non-compliance with Rules of Natural
Justice and perversity, are concerned.
c.
The Court also struck down paragraph 7 (which barred
judicial review) stating that it did not meet the requirements of
Article 368(2), which requires ratification of half of all State
legislatures for any changes made to provisions related to the
higher judiciary.
o
Case 3:
a.
InAmarinder Singh v. Spl. Committee,Punjab
Vidhan Sabha, the court has set limits to the privilege of the
legislature under Article 122, and overturned its resolution to
expel a member.
Conclusion
o
The Constitution has a system of checks and balances,
which includes the Rajya Sabha as a check on the Lok Sabha.
o
It requires all Bills to be passed by both Houses, with the
exception of Money Bills (as these Bills are effectively equivalent to
confidence motions).
o
While the Speaker has the power to determine whether
a Bill fulfils the requirements of a Money Bill, there has to be a check
to ensure that this power is not misused.
o
The Supreme Court should examine this issue under its
power of judicial review under the principles laid out in theKihoto
HollohanandRaja Ram Palcases.

Source:
o

ForumIAS Daily Briefs

RAJYA SABHA
History:

First bicameral legislature in India was constituted as a consequence

of the Montagu-Chelmsford reform.

Why we need Upper house?

The Rajya Sabha is more immune to electoral interests. If a
legislation that originates from the Lok Sabha is driven by popular will
and brute majority, then Rajya Sabha can subject it to the broader test of
rationality, practicality, relevance and reasonableness.
It gives the constituent States of the Union a say in running the
countrys affairs. Members of Rajya Sabha are directly elected by state
legislatures and not by the people.
Since it has continuity, it can carry out some administrative
functions even when the lower house is dissolved.
It provides space for experts. Governments in the past have taken
advantage of the Upper House to hire lateral talent. Individuals of repute
who were either talented or had private sector experience were inducted
so they could bring fresh ideas and knowledge in various ministries that
desperately needed them
Some evidences in favour of RS:
RS
das
been
able
to
suggest,
incorporateimportant
amendmentsinto Bills, e.g. in Dowry Prohibition, Prevention of Terrorism,
FRBM etc.
RS represents thestatesinterests and has been able to incorporate
their concerns into legislations like Land Acquisition Bill (2015), GST,
Food Security Act etc.
Preventhastylegislations- sent Bills toParliamentary Committeesfor
deeper deliberations e.g. Enemy Property Bill, Compensatory
Afforestation Fund Bill.
ImportantNational issuestaken into account through Calling
Attention Motions, amendment to Vote of Thanks etc.
Why we do not need Upper house?
Sometimes deliberations in Rajya Sabha can slow down legislation
or eventually kill it. The Rajya Sabhas delay and intransigence can also
become counter-productive. For ex. Current issue on GST Bill
With our polity becoming increasingly fragmented, regions and
states are well represented in the Lower House by various parties. The
fear of states not having enough representation in Parliament is not true
anymore.
The Upper House has become a paradise for party fund-raisers,
losers in elections, crony capitalists, journalists, retired CEOs and civil
servants.

It has become a platform for parties to further their political agenda

than to debate and improve legislation. Important legislations that are
passed in the Lok Sabha are scuttled in Rajya Sabha for political
reasons.
It has also increased the financial burden of the exchequer. Savings
from elimination of the Upper House can be more gainfully deployed for
either building infrastructure or enhancing social development or other
meaningful projects

Some evidences in against of RS:

State Domicileno longer a criteria for Candidates
Unethical/illegalpractices during election procedure like cash-forvotes, candidates withdubiousintentions/interests, countermandingof 2
RS seats from Jharkhand

RS becoming seats for politician stalwarts who lost general

elections.

Very
lesslegislative
businesscarried
out
in
RS
due
todisruptionsrather
thandebates,
changing
its
perception
to
obstructionist.

Important legislations regarding Aadhaar, Monetary Policy

Committee, passed asMoney Bills, has prompted allegations ofdeliberate
bypassingof RS.

WHIP
Legislators are now subject to discipline in voting by the party whip,
violation of which, via cross voting could attract the provisions of the antidefection law on the member.
Whip should be restricted to money Bills, or a confidence vote in
Parliament.

EXECUTIVE
EXECUTIVE OVER REACH

Examples:
Notification of Information Technologies (Intermediaries
Guidelines) Rules 2011 which inter alia expanded the scope of
offences under the IPC in the context of internet by criminalizing
activities such as blasphemy.
Patent office guidelines for examination of computer related
inventions that completely changes the interpretation of Patents Act,
1970 and the legislative intent behind certain provisions of the Act.

GOVERNOR

Governor is the most debated and abused post of Indian constitution

mainly because on one hand he act as head of state on the other as an
agent of centre at state level so there is a continuous demand to reform
it.
1.
In past, centre has used it to bring President rule (A-356) and
abolish state governments for political reasons using governors
2.
With the change of government at centre there is major reshuffling
of
Governors
which
dilutes
the
authority
of
that
post.
Hence it is needed to make Governors post more stable both at entry and
exit levels;
1.
At entry level there is a need to consult respective CM's while
appointing Governor as mentioned in Sarkaria and Punchi commissions.
2.
At exit levels it is need to bring impeachment procedure which
needs ratification of both center and respective state to bring some
authority to governors.
Though many cases like B. P. Singhal (2010) has empowered the post of
governor but before defining law for post of Governor we need to define
the post of governor its need and its authority which will give us clarity
while making any law with regard to this post.
Various committees over time have also given some recommendations on
the issue:
1.
Sarkaria Commission: Governors should not be removed before
completion of five year term. The governors should get an opportunity to
explain their conduct in a particular situation, which has made them
liable for removal.
2.
Venkatchalliah Commission: Governors to have security of tenure.
CM should also be consulted before removal.
3.
Puncchi Commission: Many radical recommendations like:
a.
The term Pleasure of president to be removed and the state
legislature should be the removal authority (i.e. impeachment by
state legislature).
b.
Fixed tenure

What are SC's view on Governors powers? (Arunachal Pradesh

President Rule judgement)
Governor has no power to unilaterally summon an Assembly session
unless the government has, in his view, lost its majority.
Governor cannot take steps relating to disqualification of the
Speaker.
Governor is barred from unilaterally sending messages to the
Assembly on any matter.
Governor is bound by the aid and advice of the elected Council of
Ministers as the default rule.

The matters in which governor has discretionary powers must be

specified by or under the Constitution.
Governor merely possessed the formal authority of state and could
act as a safety valve in case there was a breakdown of constitutional
machinery.

Related Questions:
1.
Critically comment on the issue of appointment and removal of
Governors of States in India, and the opinion of the Supreme Court and
various committees on the same. (200 Words)
2.
Looking at the way the governors of states have functioned since
independence, do you think is there a need to amend the constitution to
give states power to impeach their governors? Critically comment. (200
Words)
PRESIDENT
(29/01/2016) Another example of President's power : Centre recalled
Gujarat anti-terror bill fearing that President might not give assent to it.
President returned bill seeking additional information after which the
legislation was withdrawn.

JUDICIARY
ARTICLE 142
(29/01/2016) Article 142 - Enforcement of decrees and orders of Supreme
Court

The Supreme Court in the exercise of its jurisdiction may pass such
decree or make such order as is necessary for doing complete justice in
any cause or matter pending before it, and any decree so passed or
orders so made shall be enforceable throughout the territory of India in
such manner as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, in such manner
as the President may by order prescribe

Subject to the provisions of any law made in this behalf by

Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the
purpose of securing the attendance of any person, the discovery or
production of any documents, or the investigation or punishment of any
contempt of itself

Using this power, SC appointed UP's Lokayukta due to "lack of consensus"

among the States constitutional authorities the Chief Minister, the
Opposition leader and the Chief Justice of the Allahabad High Court.
Usage of Article 142 : SC form Justice Lodha Panel to monitor MCI
ASSESSMENT OF JUDGES
Why the issue is in news?

Gujarat law department has ordered retirement of 17 judges for

unsatisfactory performance

These judges failed to improve their performances even after

regular warnings

Whats the concern now?

Existing system of performance evaluation for the lower judiciary is
plagued with various problems.
Higher judiciary in India is not subject to any sort of evaluation.

How are Judges assessed in India?

Lower court judges in India are evaluated through a system of Annual
Confidential Reports (ACRs). These are completed by the senior-most
judges of the lower court, and reviewed by the State High Court. But,
ACRs are neither filled up regularly nor is the evaluation process
transparent.

How is it done in other countries?

US : In the US, retention elections are used to retain the judges.
Retention elections allow the public to vote for or against the continuing
tenure of judges.
EU : In the European Union, the European Commission for the
Efficiency of Justice conducts a periodic performance review of court
systems of different member states. This country-wise study collects
data on various parameters, including the efficiency of courts in justice
disposal, the costs per case, and the budget of courts. The outcome of
this exercise is the EU Justice Scoreboard, published annually, rating
the working of justice systems across member states.

What reforms are needed in India?

There should be a system of performance appraisal of judges,
particularly of the higher judiciary. Such appraisal would lead to greater
accountability, transparency and better and efficient functioning of
judges.
Suitable parameters to evaluate their performance should be put in
place. Parameters for evaluating judicial performance may be qualitative
as well as quantitative. These include the rate of disposal of cases by a
judge, the quality of judgments and legal reasoning, knowledge of the

law, behaviour towards lawyers in court proceedings, independence and

transparency.
A regular review of judicial performance should be conducted. This
ensures that once appointed, judges are mindful of their accountability
to the institution of the judiciary.
Developing codes of judicial conduct can also provide an important
means of fostering judicial accountability, since they serve as both a
guide to and a measure of judicial conduct.
Strong and independent judges associations, meanwhile, can
provide a safe point of reference for judges, allowing them to interact
with the state in an accountable, yet robustly independent manner.

What is the need for Judicial Accountability?

In a democratic republic power with accountability of the individual
enjoying it, is essential to avert disaster for any democratic system.
The judicial system deals with the administration of justice through
the agency of courts. Judges are the human stuff which presides over the
courts. They are not merely visible symbols of courts; they are actually
their representatives in flesh and blood.
The manners in which judges discharge their duties determine the
image of courts and the creditability of judicial system itself.
Therefore, a need definitely is there to make judiciary accountable,
as derogation of values in judiciary is far more dangerous than in any
other wing of the government as judiciary has to act as the guardian of
our constitution.

Conclusion:
The first step towards such evaluation should be the objectives of such
evaluation, such as improving quality of justice, pendency rates, and so
on. A joint consultation could be held with stakeholders, including judges,
lawyers, academics and members of civil society to understand how best
to initiate such a system in India. Any codified system that emerges from
these discussions, say, in the form of guidelines or regulations, must be
reviewed to ensure minimum bias and maximum transparency. All these
steps would help India work towards higher standards and greater
accountability in judicial functioning.
CRIMINAL JUSTICE SYSTEM

Facts:
NCRB: About 1.9 lac murder cases were brought to trial in the year
2012 (including previous cases) but trials were completed only in 21,653
cases
Why reform of criminal justice system is necessary?
As per the latest figures there is a pendency of more than three
crore cases out of which almost two crore cases are criminal cases. The

arrears have a tendency to compound each year and could, if

uncorrected, lead to the collapse of the judicial system.
Besides, criminal Law of India is a replica of colonial times. It is
hostile to the poor and the weaker sections of society. The law still serves
and protects the needs of the haves and ignores the have-nots. Such
biasness has resulted in rich people escaping law and the jail is more
often full of the unprivileged class of society.
Also, the way criminal justice is designed and administered today
hardly serves any of the purposes for which it is set up: towards securing
life and property
It does not deter criminals because of the delay and uncertainties
involved in its processes and ridiculously ineffective punishments it
imposes on those few who get convicted.
It provides wide discretion to the police and the prosecution,
rendering the system vulnerable to corruption and manipulation and
endangering basic rights of innocent citizens.
It ignores the real victim, often compelling him/her to find extralegal
methods of getting justice.
It also puts heavy economic costs on the state for its maintenance
without commensurate benefits in return.
Also, more than 30 million criminal cases are still pending in the
system (the annual capacity of which is only half that number), and
another 10 million or more cases are being added every year

Reforms needed in Indian Criminal Justice System:

1.
PENAL CODE:
o
The Penal code should be modified to incorporate the present
day societal, economic, and other changes.
o
The Penal code can be divided into various codes
incorporating

social offences,

correctional offences,

economic offences and

a Indian penal code (which will deal with cases that

warrant 10 years punishment or more).
o
The other categories can be settled through administrative
procedures, minimum police intervention, plea bargaining (if
required)
2.

POLICE PROCESSES:
o
Institutional reform including proper investigation of crimes,
rationalisation of court systems by inducting technology, limiting
appeal procedures to a minimum.

3.

VICTIM CENTRIC:
o
The system should be victim centric to ensure that the victims
get justice. The victim should get a chance to put forth his case and

quick completion of trials is needed to ensure that they do not lose

faith in the system.
o
Fixing responsibility quickly and transparently will maximize
the sense of justice to the victim.
4.
o

5.
o
o
o
o
o
o
o
o
o
o

PRISON REFORMS:
Reforming the property based bail system, provision of proper
legal support to remove problem of under trials, improvement of
prison conditions is needed.
INSTITUTIONAL REFORMS:
Addressing the problem ofUnder-staffingin Indian Judiciary (
32% shortfall in High court Judges, 21% in district court judges)
Creation ofAll India Judicial Servicesfor transparent
appointments in Higher Judiciary.
Free legal aid (Art 39A) to be included in Fundamental rights.
Innovative measures like Lok Adalats shall sit more frequently,
and recently debatedNational Court of Appealto be conceived as
soon as possible.
LOK ADALATS for swift disposal of petty crimes, under trials,
etc.
Jury service for citizens and the elderly for speedier resolution
Promote alternative dispute resolution methods like
arbitration, mediation, reconciliation and favour restorative justice
with victim-centric approach
Limit time allowed on arguments made in court like in USA.
Sector specific tribunals can be set up only with restricted
appellate in high courts or Supreme court.
Evolve suitable guidelines on special leave petitions.

Thus, India needs to reform its archaic system to incorporate more

efficient practices like restorative justice, plea bargaining, etc. that will
ensure a more robust criminal justice system.
INTER STATE WATER DISPUTES
Can SC hear appeals against Tribunal decisions?
No, the Centre had opposed the Supreme Court hearing appeals filed by
Tamil Nadu, Karnataka and Kerala against the tribunal decision. According
to the Centre, the Supreme Court was barred under Article 262 (3) and
provisions of the Inter-State Water Disputes Act, 1956 from entertaining
appeals under Article 136 against the Cauvery tribunals award.
What the law says?
Article 262, dealing with the adjudication of disputes relating to waters of
inter-state rivers or river valleys, says:

Parliament may by law provide for the adjudication of any dispute or

complaint with respect to the use, distribution or control of the waters of,
or in, any inter-state river or river valley.

Notwithstanding anything in this constitution, parliament may by

law provide that neither the Supreme Court nor any other court shall
exercise jurisdiction in respect of any such dispute or complaint as is
referred to in clause (1).

Pursuant to the power conferred by the Constitution (article 262),

Parliament has enacted the Inter-State Water Disputes Act, 1956. Key
features include:
A State Government which has a water dispute with another State
Government may request the Central Government to refer the dispute to
a tribunal for adjudication.
The Central Government, if it is of opinion that the dispute cannot
be settled by negotiation, shall refer the dispute to a Tribunal.
The Tribunals composition is laid down in the Act. It consists of a
Chairman and two other members, nominated by the Chief Justice of
India from among persons who, at the time of such nomination, are
Judges of the Supreme Court.
The Tribunal can appoint assessors to advise it in the proceedings
before it.
On the reference being made by the Central Government, the
Tribunal investigates the matter and makes its report, embodying its
decision. The decision is to be published and is to be final and binding on
the parties.
Jurisdiction of the Supreme Court and other courts in respect of the
dispute referred to the Tribunal is barred.
The Central Government may frame a scheme, providing for all
matters necessary to give effect to the decision of the Tribunal. The
scheme may, inter alia, provide for establishing an authority for
implementing (section 6A).
Article 136: Special Leave Petitions are heard by the Supreme Court
under Article 136(1) of the constitution. This provision enables the
Supreme Court to grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed or
made by any court or tribunal in the territory of India.
Thus Article 136 and Article 262 appears to be in conflict. Hence this
debate.
The right to access water is considered as a human rights issue.
Critically discuss how this issue is interrelated to the claims of
riparian states claim to share of river waters. (200 Words)
Right to access water is a human right, which is conferred by our
constitution as an fundamental right by art 21. Water is not just a social
commodity but now a days it has evolved as an economic and political
commodity and bone of contention among riparian states.

Interaction with the claims of riparian states to share river water:

1.

Agriculture and food security: riparian states mainly depend on

river water for agriculture, which is the backbone of Indian food security.
The river dispute issues intensified mostly among the states in low
rainfall areas or irrigation dependents. The various river dispute tribunals
e.g. kaveri water tribunal, krishna water tribunal etc. are basically
created
to
share
water
for
agricultural
purposes.

2.

Multipurpose projects and dams: these are created for

irrigation, power generation, flood control, water supply etc. Thus various
issues arises among the upstream and downstream states regarding
height of dam, fragility of environment, replacement and rehabilitation
issues. Alamati dam issue, mandeyi river issue are among them.

3.

River Interlinking: It is usually done to divert river water from

sufficient to deficient river basin but many issues arises such as
environmental assessment, submergence of surrounding lands etc.
Polavaram
project
could
be
a
good
example.

4.

Unborn states share: such kind of issue arises when some

judgement given by a tribunal over the disputed river and after that new
state come into being. The krishna water tribunal is an example where
the parties were AP, Maharashtra, Karnataka. But as the new state
Telangana has come into being it has recently approached to supreme
court
for
its
right
to
get
proper
share.

5.
6.

Water

is

also

required

for

industrial

development.

Migration from rural to urban india and rapid urbanization also

requires more water.

India land of rivers. Rivers depend on monsoon for refilling. Ground water
also depend on rainwater and water in rivers. India receives 75% rainfall
in just 3 months. These 3 months have abundant water causing floods
while remaining 9 months face water scarcity in one region or other.
ISSUES IN JUDICIARY
Facts:
National judicial data grid data :
o
1 judge for 73000 people in India which is 7 times worse than
in USA.
o
at the present rate of disposal civil cases would never be
disposed of and criminal cases will take more than 30 years.

Data about HCs:

o
About 50% cases listed are adjourned. For instance, if 80
cases are listed, some 40 are adjourned, 35 dont reach and just five
are heard

31% of individuals accused of bailable offences claimed that

they continue to be in jail as they cannot afford bail or guarantors to
stand surety
o
Less than 3% of litigants used legal aid, despite being eligible
to take the benefit of government-appointed lawyers
o

Supreme Court - With the State governments appointing political

favourites to the public posts of government pleaders and law officers, the
already beleaguered justice delivery system in the lower courts across the
country has been further weakened.
Judicial Delay
Justice delayed is justice denied - goes the famous adage. Timely justice
is therefore an integral part of the fundamental right to justice. However
as many studies, including the 245th Law Commission Report, indicate
that the Indian judicial system is unable to provide timely justice due to
the huge backlog of cases.
Magnitude:
Statistics show that as many as 3.20 crore cases continue to remain
pending before various courts. Of these as many as 40 lakh cases are
pending before the Indian HCs, while close to a crore are pending before
the subordinate courts. The main reasons for the pendency of cases
include the - chronic administration under capacity and under-resourced
judiciary.
This backlog results in the dilution of the right to access timely justice and
an erosion of the rule of law. This eventually affects peoples' faith in the
judicial system. Further, judicial system is highly costly and not pro-poor
despite constitutional arrangements and functioning of bodies like NALSA.
Causes
1.

of

judicial

delay

in

India

are:

The number of judges is very low given size of our demography. This
causes overload on judges and hence the delay.
2.
Redundant processes - Large amount of paperwork, rigid rules and
archaic practices
3.
Malpractices by lawyers - The rich and powerful hire lawyers who
stall court proceedings by taking advantage of archaic regulations and
loopholes in law.
4.
Lack of Coherent Database - Currently each court is an island of
information; disconnected from the rest. As a result, no scientific data
available to analyse the problem meaningfully (245th law commission).
5.
Dismal ratio of admissions to disposals (1:50)
6.
No fixed time in which cases have to be disposed
7.
Increase in crime rate
8.
Increase in PILs.
9.
Increase in frivolous cases
10.
Tendency to take appeals till SC

11.

Complexity in the Indian law.

Remedies:
1.

Use of technology for introducing standardization in data

classification and management in order to be able to understand the
nature and extent of the pendency problem
2.
Institution of evening and morning courts to deal with petty matter
like traffic violations/challans, check bounce etc., which account for a
bulk of the cases which are pending in the lower courts;
3.
Encouraging the concept of plea bargaining;
4.
Increasing the judge strength by increasing recruitment as well as
the retirement age of judges. Creating an All India judicial service can
provide a solution.
5.
Setting up of special courts like property courts, commercial courts
and e-courts for speedy disposal of cases;
6.
Addressing the problem of delay by reforming court procedures - It
has been witnessed that there is tendency for litigants to take the cases
till Supreme Court, thus making Supreme Court over-burdened
7.
Promoting ADR method, fast tracking court processes, and the use
of information and technology
8.
Focussing on human resource development by filling in vacancies,
strengthening judicial academies and training of court functionaries;
9.
Improving physical infrastructure of courts to improve efficiency;
10.
Promoting research and studies on judicial reforms.
11.
Further promoting the concept of Lok Adalat, Court on Wheels, Gram
Nyaya Panchayat
12.
India has been touted as an over-legislated country with too many
laws. We need a constant mechanism which keeps on reviewing laws in
terms of their importance and recommends steps for course correction
and simplification and repealing of outdated laws.
13.
Government is a biggest litigant in India. It should take steps at
setting up institutional measures for arbitration and dispute resolution. It
should move towards a more responsible-regime while filing cases.
14.
Constituting an All India Judicial Service to provide more number of
highly competent judges
15.
Establishing fast track courts for cases on sensitive issues like rape,
corruption and high profile cases so that justice is seen to be delivered
and
people
maintain
faith
in
the
system.
SC: Constitutional Court
Supreme court of India is the "guardian of the Constitution". Under, Article
32 it acts as protector of Fundamental Rights of every Indian citizen.
Article 131 gives exclusive jurisdiction to solve disputes between states
and centre or between states on all matters. Article 137 provides powers
to review its own judgements. SC also has advisory jurisdiction under 143
on matter of constitution and law to President of India.

If constitution repeals "Article 132-134" (Appellate jurisdiction), then, only

the above mentioned constitutional load will remain on Supreme Court.
Indian constitution attempts to provide a panacea for the many political,
economic and social ills the country had been plagued with. Supreme
Court of India in its constitutional field has yet to register 500 cases a
year.
So, if Appellate jurisdiction is repealed, India will not need 26 judges of SC
to deal with just 500 cases a year. Size of SC will reduce drastically.
Though, SC is working slow, appellate jurisdiction is vital for public
remedies because most cases are registered under Article 226 and not
under
Article
32
for
constitutional
remedy.
Pending

cases

(Backlog)

remedies

for

Courts

Establish Lok-Adalats frequently (thrice a year)

Establish E-Courts for specific jurisdictions (small cases)
Denounce "pleas for leave" which seems farce and unethical (save
courts time)
Stop bureaucratization of criminal justice system (police reforms)
Stop inclusion of faulty PILs
Increase timing of work, and reduce vacations
Curative Petition
Most of the 50,000 and more cases pending in the Supreme court are
appeals from the high courts or appellate tribunals. They might have
trundled from the subordinate courts to the apex court, spending years
and bundles of money. Even after the Supreme Court delivers its
judgment, there are two more stages to challenge its final word. They are
review petitions and 'curative petitions'.
Court in its judgment, Rupa Hurra vs Ashok Hurra devised 'curative
petition', It allowed the disappointed litigants to return to it even after
losing the review petition. A curative petition must be accompanied by a
recommendation of a "senior" advocate stating that the case requires reexamination as there was violation of the principles of natural justice in
the earlier decisions. The curative petition has to be first circulated to a
bench of three senior-most judges. They will decide by a majority that the
case should be re-examined. Only then will the case be heard by the
judges who heard the case originally. Such strict conditions were imposed
to prevent a floodgate of curative petitions.
Critically examine the causes of judicial delays and remedies to
address
this
issue
in
India.
(200
Words)
The idea of an Indian judicial service on the lines of all-India
services like the IAS or IPS has been considered in the past and

abandoned. Do you think is there a need to reconsider this idea?

Discuss. (200 Words)
The Supreme Court was meant to be a constitutional court by the
founding fathers. However, only 7 per cent of its judgements deal
with
constitutional issues. Make a case for SC to deal mainly with only
constitutional issues. Suggest innovative solutions to reduce the
backlogs of cases at all levels. (200 Words)
Indias courts are well known for huge pendency of cases.
Critically discuss their magnitude, consequences of this problem
and remedies to address this issue. (200 Words)
JUDICIAL ACTIVISM
What is Judicial Activism?
Judicial activism is an approach to the exercise of judicial review, or a
description of a particular judicial decision, in which a judge is generally
considered more willing to decide constitutional issues and to invalidate
legislative or executive actions.
Most recent case:

SC ordered the creation of a National Disaster Mitigation Fund while

national and state disaster response funds already exist

Opposition has sought a court-monitored dispute redress

mechanism in case of the GST, to which Finance Minister remarked,
Step-by-step, brick-by-brick, the edifice of Indias legislature is being
destroyed.

Why Judicial Activism is good?

There are many issues that are sensitive, which need to be handled
with a certain amount of care that many laws dont allow. Judicial
activism allows a judge to use his personal judgement in situations
where the law fails.
Judges have sworn to bring justice to the country. This does not
change with judicial activism. It allows them to do what they see fit,
within reasonable limits of course. It gives judges a personal voice to
fight unjust issues.
It also provides a system of checks and balances to the other
government branches.
It has its own system of checks and balances too. Even if a judge
decided and ruled that certain law is unjust, it can still be actually
overruled with an appeal to another court, even to the Supreme Court.

Why Judicial Activism is not so good?

While delivering any judgement in this regard, courts are often illequipped to weigh the economic, environmental and political costs
involved.

When judicial activism is used, it is like the laws do not apply. The
judges can override any law that there is, which technically means there
are no laws in the judges eyes.
Judicial activism becomes a more profound subject for those who
serve on the Supreme Court, as their rulings generally stand. With the
power to have the final say on matters, their judicial opinions would also
become standards for ruling on other cases.
It sees the letter of the law and politics as separate issues.
Today the Supreme Court of India is an active intervener in
policy formulation. In the light of some of recent judgements of
the Supreme Court, critically analyse the statement. (200 Words)
Judicial activism refers to the interference of the judiciary in the legislative
and executive fields. It mainly occurs due to the non-activity of the other
organs of the government. Judicial activism is a way through which relief is
provided to the disadvantaged and aggrieved citizens. Judicial activism is
providing a base for policy making in competition with the legislature and
executive. Judicial activism is the rendering of decisions, which are in tune
with the temper and tempo of the times.
Judicial activism has arisen mainly due to the failure of the executive and
legislatures to act. Secondly, it has arisen also due to the fact that there is
a doubt that the legislature and executive have failed to deliver the goods.
Thirdly, it occurs because the entire system has been plagued by ineffectiveness and inactiveness.
In Menaka Gandhi case in 1978, apex court substituted the due
process clause in Article 21 instead of procedure established by law
and initiated the process of judicial activism.

Instances of judicial Activism in protection of Part 3 of

Constitution:
1.
Orders issued on Cases relating to admission to professional
colleges
2.
Orders issued to close down factories and to tone up the pollution
levels (Taj Trapezium case)
3.
Monitoring the quantum of rainfall and flow of water into irrigation
canals
4.
Calling for data on deforestation
5.
Directing CBI to inquire into scandals, crimes, and custodial deaths,
setting deadline for compliance
6.
Courts have set aside the decisions of Speakers disqualifying
legislators under the anti-defection law
7.
Expanding scope of Article 21 for example: education to children,
life with dignity, establishing green benches, etc.
8.
Delhi CNG Case
9.
SIT's

Judicial activism is not apart from judicial activities. The essence of true
judicial activism in the rendering of decisions which are in tune with the
temper of the time, so it must not overreach judicial jurisdiction and
respect division of powers demarcated in constitution of India.
How is judicial activism related to the protection of fundamental
rights? Has it helped in expanding the scope of fundamental
rights? Illustrate with suitable examples. (200 Words)
Supreme Court is a protector of Fundamental Rights and guardian of
Constitution. It is the duty of government of any day to legislate and
formulate policy in line with Fundamental rights and Directive principles of
State Policy.
Recent and famous Supreme Courts interventions:
1.
2G case setting up SIT and ordering re-auction licenses
2.
Coalgate quashing screening committee and ordering re-auction of
coal mines
3.
Keeping section 377 of IPC intact, stating social necessity, though
against natural rights.
4.
Quashing section 66A from IT Act, stating unconstitutional
5.
Declaring that high courts would not entertain challenges to the
orders of the Armed Forces Tribunal (AFT), making Armed forces lesser
citizens.
Task of Judiciary is not to formulate policy, but, failure of good governance
has forced judiciary to widen its limited role in democratic practices of the
nation.
In cases like Sahara Group, high profile citizens mock SC jurisprudence,
displaying weakness of executive which allows wrongdoers to bypass
rule of law.
It is not to be proud of that Supreme Court intervenes in policy decisions,
it matter of shame for
government of union and states that they dont adhere to constitutional
standards. Its shame for civilians who are responsible for electing
lawmakers who had often mocked due process established by law.
If government considers recommendation of all stakeholders and experts
to enact legislation, Judiciary will not need to intervene. Lastly, such
interventions is duty of Supreme Court, from which it can be
relieved by apply good governance.
JUDICIAL ACCOUNTABILITY
Accountability is the core principle of any democracy. In our democracy it
is only the executive and the legislature which is held accountable and not

the judiciary. Judges are also public officials and hence should be made
accountable.
It is essential to ensure accountability of the judges to ensure public
confidence in the judicial system. Accountability will help in reducing
incidences of nepotism by the judges. Judges being given political posts
like in "Justice Sathasivam" case who became the governor of Kerala post
retirement raises questions about political influence affecting the judiciary.
Moreover, judgements have huge ramifications in the society hence to
make judgements more prudent; judges need to be made accountable.
Impeachment is a legal procedure for the removal of judges on grounds of
''proven misbehavior or misconduct' but it is far too lengthy and
cumbersome procedure. No judge has ever been impeached till date
stands testimony to the fact that judiciary enjoys undisputed power. Even
in cases like that of Judge Veeraswami, Judge Ramaswami where this
procedure
was
initiated,
were
not
finally
completed.
Independence of the judiciary means independence from the executive
and legislative and not lack of accountability. The yardstick or parameters
to judge accountability and proper procedures for their performance
assessment needs to evolve (though debated, discussed) so as not to
denigrate judges or do character assassination but to ensure objective,
fair
and
just
accountability
of
judiciary.
Proven methods like a system of evaluation by trained court observers
who make unscheduled court visits to evaluate Judges on their knowledge
of law, integrity, communication skills, and impartiality may be
experimented. Additionally, leading universities should publish journals
criticizing any misjudgment. It is important to implement bills like the
Judicial Standards and Accountability Bill to enforce a reasonable level of
restriction. Even countries like Denmark and Sweden have institutions to
look into special courts to hear complaints against the judges. However, it
is essential that the judicial accountability does not hamper the feature of
independent judiciary in any way as it would hamper the most essential
feature for staying unbiased.
If accountability of public officials is the very essence of a mature
democracy, should it be extended to judges of the superior courts
as
well?
Critically
comment.
(200
Words)
JUDICIAL APPOINTMENT
Facts:

HCs have 470/1091 seats of judges vacant

Delay in appointment is from Judiciary's side (According to

Government). The government has pointed to the case of the Allahabad

High Court, which has the oldest judicial vacancies dating back to
2007. Despite this, the appointment process started only recently
What is collegium system?
The collegium system for judicial appointment, consisting of a closed
group of four senior most supreme court judge and the CJI himself,
evolved after three judge case in 90s. It evolved on fundamental of
judicial independence but free judiciary from any political interventions.
What are negatives of collegium system?
1.
It completely circumvents other two pillar of democracy.
2.
Favoritism shown by certain judges.
3.
Completely opaque process of selection.
4.
Delayed procedure with most of young talents missing the boat.
5.
It goes against constitution which provided only consultation role to
CJI while President appointing the judge.
What are positives of collegium system?
1.
Keeps away politicization of judiciary.
2.
Supreme court retains autonomy.
3.
Senior judges know better about the talents in judiciary than
executive and legislative.
4.
With increasing awareness and modernization, corruption in
judiciary system in form of either favoritism/morality or monetary can be
curbed ex- recent case of sexual assault on a high court judge was well
dealt.
What does the Constitution actually prescribe?

Article 124deals with the appointment of Supreme Court judges. It

says the appointment should be made by the President after consultation
with such judges of the High Courts and the Supreme Court as the
President may deem necessary. The CJI is to be consulted in all
appointments, except his or her own.

Article 217deals with the appointment of High Court judges. It says

a judge should be appointed by the President after consultation with the
CJI and the Governor of the state. The Chief Justice of the High Court
concerned too should be consulted.
What has been done in this regard?

Government came up with NJAC bill which was rejected by SC as

non-constitutional. Simultaneously, SC accepted that there are certain
negatives in collegium system which needs to be fixed.

Negotiations has been going on between SC and government over

building new framework for appointing judges

What is the current stage of negotiations?

Government wants merit to be the overriding criteria in
appointment. Judiciary want that both merit and seniority should be
balanced

The government wants a panel of retired judges to vet the

applications of judicial candidates before they are forwarded to the
collegium for its recommendations
Besides, the government wants the authority to reject a judicial
candidate citing national security reasons despite the collegiums
recommendations
Finally, the government wants the Attorney-General of India and
Advocates General of States to have a role in the appointment of
Supreme
Court
and
High
Court
judges,
respectively

Why was it struck down?

The composition of the NJAC, especially the inclusion in it of the
Union Law Minister and two eminent persons was not widely appreciated.
According to the court, the inclusion of the Law Minister in the body
impinged on the doctrine of separation of powers.
The NJAC act gave any two members a veto over all decisions,
raising the question whether the executive representatives could
overrule the judicial members.
The court also felt that this new institutional mechanism to appoint
judges impinged on the independence of the judiciary, a basic feature of
the Constitution.
The clauses provided in the amendment were also inadequate to
preserve the primacy of the judiciary.
And even the Attorney General, representing the government of
India, could not convince the court that the amendment, along with the
NJAC Act, was aimed at restoring the system of checks and balances
which, according to the government, was lost after the Supreme Court
created the collegium scheme of appointments.

Related Questions:

Critically examine why the judicial appointments through the

collegium system is despised by many in India. Do you see any merit in
this? Comment. (200 Words)
NATIONAL COURT OF APPEAL

27/04/2016
What is NCA?
The National Court Appeal with regional benches in Chennai, Mumbai
and Kolkata is meant to act as final court of justice in dealing with
appeals from the decisions of the High Courts and tribunals within their
region in civil, criminal, labour and revenue matters. In such a scenario,
a much-relieved Supreme Court of India situated in Delhi would only
hear matters of constitutional law and public law.
Why NCA is a good idea:

1.

2.

3.
4.

5.

A National Court of Appeals makes sense, with the Supreme

Court being burdened with cases of all kinds. The Supreme Court
was meant to be a Constitutional Court. However, the sheer weight
of its case backlog leaves the court with little time for its primal
functions.
The Supreme Court will maintain its place as the apex court of
land and like England,Wales and the US only rule on matters that
are of constitutional importance or set newlegal precedent. This will
allow the Court to dedicate more time to develop the law.
It will make geographical sense to have different benches to
hear appeals. As of now, allappeals have to be heard in New Delhi,
inconvenient for cases originating in other partsof the country.
A court of appeal can work as an excellent mechanism to
sieve cases. If there are areasof law that are particularly unsettled
and need clarification, the court of appeal can clubthem together
and send these forward to the Supreme Court. Not only can a
number ofindividual cases be disposed of but areas of law can also
be settled and a clearprecedent set.
If the Supreme Court only deals with crucial cases, the process
will become streamlinedand will save a lot of time and expense, for
both litigants and the courts.

Why is it a bad idea:

6.
It will not reduce the litigation. Apex courts are not clogged
butsubordinate courts are.
7.
It will merely add another layer of adjudication.
8.
It is constitutionallyimpossible because hearing of appeals is a
basic structure (which will be affected)
9.
It would be a boononly for advocates.
10.
This suggestion would require an amendment in Article 130 of
the Constitution which is impermissible as this would change the
constitution of the Supreme Court completely
Stand of the Government
1.
NCA will add one more level of adjudication and will not help
decrease litigation. It will only end up being a boon to advocates. It
will mean more hardship to the litigant.
Stand of the Supreme Court
2.
It has sent a clear signal to the government that it intended to
push hard and pronounce a judgment on the constitutional viability
of having an NCA.

What else can be done?

3.
Efforts should be to strengthen subordinate judiciary (high
courts) so that proper justice can be dispensed with
4.
The Supreme Court should discourage the usage of the High
Court as a mere stepping-stone towards the end of judicial
hierarchy.

Conclusion:
5.
Firstly, A National Court of Appeal is being advocated as an
intermediate forum between the Supreme Court and the various
high courts of India. But a better solution to ease the higher
judiciarys burden may lie in strengthening that of the lower. Before
adverting to a new layer, the conception of which may be difficult to
achieve, we need to strategise and reconfigure our existing judicial
hierarchy to the rising challenges before us.
6.
Secondly, establishing the NCAis a policy decision. The court
cannot givedirection to the central government from the top court
to establish NCA as itwould tantamount to direction from (the top)
court to the government to enact a law
PIL

What is Public Interest Litigation (PIL)?

PIL is an innovative tool through which access to judiciary has increased
in India. PIL is not defined in any statute or in any act. It has become
the source of Judicial Activism in recent years.
Evolution:

Prior to 1980s, only the aggrieved party could personally

knock the doors of justice and seek remedy for his grievance and
any other person who was not personally affected could not knock
the doors of justice as a proxy for the victim or the aggrieved party

After Emergency, SC decided to change the norms of "locus

standi". Now any citizen of India or any consumer groups or social
action groups can approach the apex court of the country seeking
legal remedies in all cases where the interests of general public or a
section of public are at stake

By a process of reinterpretation of two fundamental rights

the Right to Personal Liberty in Article 21 and the Right to Equality
before Law in Article 14 the court gave the judiciary an enlarged
power of review to protect the basic rights of citizens
Flaws in PIL:

Original motive of PIL was to uphold the rights of poor. But

now PIL is used more to simply correct the actions or omissions of
public officials, government departments or other public bodies.

PIL leads to judicial intervention in other branches of

government leading to violation of principle of separation of power.

Huge number of PILs are filed causing delays. It defeats the

very purpose of PIL which was making judiciary accessible.

REFORMS IN JUDICIARY
1.

SC launches portal on Pendency of cases:

2.

Public access portal of National Judicial Data Grid

e-Court Project
Will disseminate information- National, State, District,
Court-wise information, disposal of cases on monthly basis

National
Reforms

Mission

for

Justice

Delivery

and

Legal

The National Mission for Justice Delivery and Legal Reforms (NMJDLF)
was initiated with the twin goals of:
1. Reducing delays and arrears in judicial the system in order to
increase access to courts; and
2. Enhancing judicial accountability through structural changes.
It aims to achieves these goals by meeting the following objectives:
3. Bringing about policy and legislative changes including policy
initiatives to reduce government litigation, introducing
amendments to important legislations besides bringing about
legal education reforms;
4. Addressing the problem of delay by reforming court
procedures, promoting ADR method, fast tracking court
processes, and the use of information and technology.
5. Focussing on human resource development by filling in
vacancies, strengthening judicial academies and training of
court functionaries.
6. Promoting research and studies on judicial reforms.
7. Improving the physical infrastructure of district and lower
courts besides the creation of special courts including ecourts.
Statistics show that as many as 3.20 crore cases continue to remain
pending before various courts. The mission has resulted in marginal
reduction in the pendency of cases in subordinate judiciary from 2.70
crore in 2011 to 2.68 crore in 2013. Neither has there been any
monumental change in accountability framework. Therefore, the
ground reality has not changed by very much - litigants continue to be
denied justice.
However, this does not take away from the fact that the reformation of
the judicial framework in India is a mammoth exercise, which will not
crystallise overnight and in this context, the national mission is a step
in
the
right
direction.
What are the goals and objectives of the National Mission for
Justice Delivery and Legal Reforms scheme of government of
India? Evaluate its performance. (200 Words)
25/04/2016

"Access to Justice" Survey

1.
legal system in India is too expensive to access for most
citizens in the country
2.
90% of the litigants earn less than Rs. 3 lakh per annum and
the median expected cost of litigation for this group is around Rs.
16,000
3.
Though legal aid aims to provide free legal services to the
weaker sections who otherwise cant afford it, the survey found that
that just 1% of the respondents make use of this service.
4.
Accountability of legal aid lawyers towards their clients and
lack of communication between the two are serious concerns
plaguing the system
RETIRED JUDGES APPOINTMENT
The Union government has agreed to use the services of retired High
Court judges with proven integrity and track record to tackle pendency of
cases.
Why needed?

Huge pendency of cases, especially criminal appeals, where convicts

are in jail

Lack of fresh talent pool to appoint new judges

Tussle between Executive and Judiciary over appointment of new

judges.
Constitutional provisions:
The provision to use the services of retired judges is open to the Chief
Justices of High Courts under Article 224A of the Constitution with the
previous consent of the President as an extraordinary measure to tide
over case pile-ups
ROLE OF JUDICIARY
1.

09/04/2016
It is undeniable that the Supreme Courts role as the
Constitutions sheet anchor has been weakened in recent
times. Why has it happened? What are the solutions proposed
to restore Supreme Courts original responsibilities and what
are their merits? Discuss. (200 Words)
Supreme Court is mandated with original jurisdiction of issues of
constitutional matters, disputed between centre and states. But its role
in this regard has overtaken by its involvement in various issues like
appeals which are not of public importance.This can be seen from the
fact the cases decided by constitution benches (>5 Judges) has come
down from 15% to 0.12 since independence.
Supreme Courts role as the Constitutions sheet anchor has
been weakened in recent times due to following reasons:

1.

The use of exceptional Special leave petition (SLPs) under A

136 even for mundane matters.
2.
Entertaining Public Interest Litigation (PILs) on petty matters,
which are meant only for public cause and not individual reasons.
3.
Inability of lower judiciary and the various high courts to
arbitrate effectively on matters which does not require Supreme
Courts need.
4.
Judicial Activism: court judgements in jurisdiction of executive
and legislature leading to diversion of Supreme Courts resources.
Solution:
5.
Empowering lower judiciary and High Court as problems is
mainly related to poor infrastructure rather than structural, thus
allowing Supreme Court to focus on its original jurisdiction. (3 crore
cases pending)
6.
National Court of Appeal can be considered to supplement
reforms but it cannot be an isolated solution as discretion will still
remain with Supreme Court Judges to respond to appeals.
7.
Exceptional use of A 136 for SLP as it was meant to be used
rarely.
8.
Cautious approach while choosing over PILs, and avoiding its
abuse and overuse as recently pointed out by Supreme Court.
9.
Alternative Justice Systems like Lokadalats need to be
regularly held to lessen burden on lower judiciary.
10.
Judge to 1 million population ratio: need to be increased from
present 13 to higher levels above 30. Developed countries have this
ratio at as high as 50.
SPECIAL CATEGORY OF PUNISHMENT

What is Special Category of Punishment?

Special Category of Punishment is judicial innovation that will

be veering away from capital punishment.

It will be limited to a very few cases.

In this case capital punishment will be shifted to life

imprisonment without the benefit of release on remission for
prolonged periods ranging from 25 to 30 years, if not more.

It was formalised by a Constitution Bench of the Supreme

Court in the Rajiv Gandhi killers case in December 2015.

It helps get rid of death penalty and addresses the genuine

concerns of the society to see justice done.
Evolution of Special Category of Punishment

This special category of Punishment for the first time was

mentioned in the Swami Shraddananda versus State of Karnataka
judgment of the Supreme Court in 2008.

Later in 2016, the apex Court had given itself the authority to
tweak the sentencing laws and evolve a special category of
sentence in its judgment in Union of India versus Sriharan alias
Murugan.

Comment

The judicial innovation of the special category of punishment

bridges the gap between death sentence (capital punishment) on
the extreme and only 14 years of actual life imprisonment on the
other.

It may be considered as endeavour of the Supreme Court to

make no party (convict or the society) a loser. Thus, it can be said
that with judicial innovation of special category sentence the apex
court may have found alternative to capital punishment.
SUPREME COURT
The primary role of the Supreme Court is to clarify substantial questions
on law relating to the interpretation of the Constitution or otherwise of
general importance. SC mainly hear 3 type of cases:

disputes between States, and

Public Interest Litigations

appeal from the High Courts and Tribunals.

Over a period of time the role of the Supreme court has expanded,
however this has led several issues.

Issues:
Backlog of cases leaves the court little time for its primal functions.
~60,000 cases backlog in Feb 2016
Geographical proximity especially for litigants from South India. For
example, of all the cases filed in Supreme Court highest numbers are
from high courts of Northern states. Travelling to Delhi for every hearing
is not possible, especially for poor, aged and disabled. Supreme Court
can increase its sitting in various parts of the country, but it fears loss of
supremacy and dilution of powers.
Burden in the form of civil and criminal appeals.
Courts inability to devote itself substantially to the determination of
important public questions.
A substantial portion of four days of the countrys senior-most
judges thus goes in just deciding which cases should join the appeals
docket of the Supreme Court.
Being tasked with the filtering process is a waste of the time,
experience and wisdom of a Supreme Court judge. It prevents full
consideration of the substantive cases before these judges
Number of cases decided by constitutional benches has steadily
declined from the time of the courts inception. From 1950-1954-15%

cases were handled by constitutional benches but in 2005-2009 -only

0.12% cases.
Two judges benches are vested with enormous power of ruling on
significant matters of public importance like section 66 A, Suresh Kumar
Koushal vs Naz foundation in the section 377 ban.
Larger Benches bring more judicial thinking to an issue, a balancing
of different points of view and greater authority to the ruling of the
court.
Supreme court using the pliability of its power to grant special leave
to often intervene in mundane disputes
Appointment of judges:
o
The average vacancy in the Supreme Court, high courts and
lower courts is about 10, 30 and 20 per cent, respectively
o
This is an issue for which both the judiciary and the
government must take responsibility. Though there are 462 vacancies
for high court judges, only 170 names have been recommended by
the collegium.
lack of transparency in the functioning of the system, the absence of
a culture of openness and willingness to engage with civil society,
academics and other stakeholders, and near absolute lack of quality
statistics on the functioning of the system, the judiciary escapes
accountability
Path breaking Judgements:
Golaknath case (1967): Parliaments prevented from taking away
individual rights.
Keshavananda Bharti vs State of Kerala (1973): 'Basic
Structure Doctrine'
Minerva Mills v Union of India (1980): Supreme Court of India in
1980 strengthened the doctrine of the basic structure which was
propounded earlier in the Keshavananda Bharti Case. Two changes which
were made earlier by the 42nd Amendment Act were declared as null
and void by the Supreme Court in this particular case.
Mohd Ahmed Khan v Shah Bano Begum) (1985): Maintenance
lawsuit sets precedent. Shah Bano won the right to get alimony from her
husband.Most favoured it as a secular judgment but it also invoked a
strong reaction from the Muslim community, which felt that the judgment
was an encroachment on Muslim Sharia law
SR Bommai v Union of India (1994) : Power of Presidents Rule
curtailed. Persecution of state governments stalled. This landmark case
had major implications on Center-State relations. Post this case the
Supreme Court clearly detailed the limitations within which Article 356
has to function.
Expanded the ambit of article 21
Vishaka case (1997) : enforced fundamental rights for working
women under Articles 14, 19 and 21 of the Constitution. This resulted in
the introduction of Vishaka Guidelines. The judgment of August 1997 also

provided basic definitions of sexual harassment at the workplace and

provided guidelines to deal with it.
Priyadarshini Mattoo case and Jessica lal case: Justice was
provided to the victims despite high profile being accused
Vodafone-Hutchison tax case : Vodafones name cleared in tax
battle. Landmark decision on taxability of offshore transactions.
Novartis-Glivec case: The Supreme Court rejected a patent plea
by Swiss drugmaker Novartis AG for cancer drug Glivec, boosting the
case for cheaper drugs for life-threatening diseases.
NOTA Judgment (2013): The right to reject candidates
formalised.
Lily Thomas case effected much needed cleansing of legislative
bodies
Nirbhaya case -Judiciary spurred into action and laws were
strengthened for sex offenders.
Third gender acknowledged as citizens with rights.
In shreya singha case Controversial section 66A of the Information
Technology Act which allowed arrests for objectionable content posted on
the internet was struck down as unconstitutional

What can be done:

1.
Establish national court of appeal:
o
it can act as an intermediate forum between supreme court
and various high courts.
o
can relieve supreme court of the weight of hearing regular
civil and criminal appeals allowing supreme court to only concentrate
on questions of constitutional importance.
o
Also regional branches of national court of appeal would allow
greater access to litigants from remote areas of the country.
o
But based on Indias constitutional structure there is little
scope for establishing this court of appeal.
2.
Strengthening lower judiciary:
o
greater vigour needed to choose judges
o
socially conscious and meritorious if selected as judges at
lower courts and then High court, supreme court s role as court of
appeal can be renounced altogether and reduce the burden to correct
simple errors.
3.
Lokadalats need to be strengthened
4.
Creating specialised benches and greater involvement of experts
like adhoc appointments of retired judges can be made.
5.
To reduce experimental special leave petitions
6.
E-court project of supreme court needs to be implemented soon to
increase technological advancements for justice dispensation and
improve accessibility
7.
Zonal courts:
o
To create intermediate courts of appeal where senior judges
can deal with these cases, giving them the time and consideration
they deserve.

These need to be located at different parts of the country, to

handle appeals coming from courts in the four compass areas.
o
They can be manned by senior judges retiring from the High
Courts at 62 years. These courts of appeal will signal the full stop to
civil and criminal litigation at large.
8.
According to 229th law commission report establishment benches of
Supreme Court in 4 regions at New Delhi, Chennai/ Hyderabad, Kolkata
and Mumbai. This model has worked very successfully in countries such
as Italy, U.S, Denmark etc.
o

TRIBUNAL
Tribunals:
Tribunals were added in the Constitution by Constitution (Forty-second
Amendment) Act, 1976 as Part XIV-A, which has only two articles viz. 323A and 323-B.
Inter-State
Water
Dispute
Tribunals
Article 262 of the Constitution lays down that the Parliament may by law
provide for the adjudication of any dispute with respect to any inter-State
river (ISR). Accordingly, the Parliament enacted the Inter-State River Water
Dispute Act, 1956, which provides for the reference of such a dispute to
an inter-state tribunal. The said Act bars the Supreme Court or any other
Court from exercising jurisdiction in respect of any water dispute, which
may be referred to a Tribunal under it. The main reasons for keeping river
disputes out of the purview of the courts' jurisdiction are:
1.

Ensuring the speedy disposal of ISR water disputes - Given that

the jurisdiction of the SC is barred, the Act envisages the decision of
tribunal as being final and binding. The idea was to avoid protracted
court proceedings on account of the States litigating amongst
themselves.

2.

Since resolution of ISR disputes hinges upon heaps of technical

and scientific data, the resolution of such disputes by specialized
tribunals would allow for better appreciation such data.

3.

Unlike courts which are required to strictly adhere to procedure and

legalese, the proceedings before a tribunal are relatively more informal,
thus enabling deliberative and discretionary decision-making for
'mutually negotiated settlements. In this light, it can be argued that
the rationale behind excluding the jurisdiction of courts was fairly well
intentioned.

The problem lies elsewhere and have been well documented by many
commissions including the Sarkaria Commission. These include:
1.
2.

Inordinate delay in settling such disputes;

Inadequate provisions for the enforcement of the Tribunal's award;

3.
4.
5.

Non-compliant States
Politicization
They are too procedural and do not emphasis on negotiations and
consensus.
6.
They are more focused on legal issues and not technical
7.
At the core of the entanglement is the constitutional anomaly, or the
exception to Supreme Court's jurisdiction whereby the inter-state water
disputes tribunal neither falls under the Supreme Court's nor any other
court's jurisdiction. This constitutional exception is why water tribunals
cannot be bundled with other tribunals & made into one permanent
tribunal as proposed by the National Water Policy 2012 and need careful
consideration
before
any
reforms.
The solution to these lies in amending the Inter-State River Water Disputes
Act to strengthen provisions relating to timely settlement of disputes and
enforcement of the award. In addition to this, the need of the hour is to
develop a national outlook in relation to water resources and infuse a
spirit of mutual accommodation in interstate relationship in order to
create a favorable atmosphere to settle ISR water disputes.
National
Tax
Tribunals
Article 323 B allows the parliament to establish tribunals to deal with
certain issues. Using this provision, several tribunals such as NTT (National
Tax Tribunal), NGT, and ITAB etc. have been formed. Tribunals are formed
with the objective to reduce the burden on courts, use administrative
expertise in adjudicating issues, and quicken dispute resolution. However,
tribunals have been a reason of dispute between the government and the
judiciary.
The

issues

being

raised

by

the

judiciary

are:

1.

It is not against the formation of tribunals. It is a constitutional right

and hence alright. But, it is against the composition of them.

2.

Since tribunals deal with matters dealt with courts, they should
have the same composition, autonomy, character, competence as the
judiciary.

3.

SC says they should enjoy the same constitutional rank as the

courts and should be headed by people with such capability.

4.

The tribunals should be institutionally as strong, should not depend

on parent departments, impartial and independent. Judicial wisdom is
more important than administrative experience in adjudicating disputes.

5.

While the government wants to put the judiciary hat on the

executives, mere experience in civil service cannot be treated as
technical expertise; there should be persons with expertise in the

required
6.

Also, bureaucrats can't be the adjudicator as they lack judiciary

experience so there is need of judicial members in the bench.

The
1.
not
2.

domain.

arguments

of

the

government

are

Tribunals are necessary for speedy resolution which the judiciary is

able
to
provide.

Administrative experience is more important in dealing with the

present complex issues.

29/04/2016
Tribunals for PPP
Recommended by Vijay Kelkar Committee.
Why needed?
Indian economic growth has been marred by twin balance sheet syndrome
with a huge quantum of capital especially stuck in stalled projects (mainly
in infrastructure sector) and stressed banks unable to lend more. In this
regard, the government of the day is planning to set up an independent
tribunal for faster resolution of disputes relating to Public-Private
Partnerships (PPP) and public procurement in the form of a two-tier
framework of Infrastructure PPP Project Review Committee (IPRC) and
Infrastructure PPP Adjudicatory Tribunal (IPAT).
Significance:
1.
Speedy resolution of disputes
2.
Relieving stressed balance sheets of corporate sector
3.
Decreasing banks NPA
4.
More liquidity in the economy
5.
Completion of stalled projects like in infrastructure sector

Related Questions:
Considering long delays in arriving at a final solution by the tribunals in
the cases of river disputes, do you think setting up of tribunals was a right
decision to resolve river disputes instead of handing over these cases to
regular courts? Critically comment. (200 Words)
The tussle between the government and the judiciary has been going
since the 1990's when tribunals began to be set up to ease the burden on
the regular courts. Elaborate the statement by giving examples of recent
such tussles and critically comments on the view of the Supreme Court on
the
issue
of
setting
up
of
tribunals.
(200
Words)

UNDERSTAFFED JUDICIARY

28/04/2016
Issue
Understaffed judiciary
India must have at least two to four times the current sanctioned
strength of judges.
The government is considering fast-track special courts for
commercial disputes.
This shows minimal concern for the poor who may be innocent but
are rotting in prisons as under trials

Filling the positions of judges

Not a single instance when all the judicial posts being filled.

Average vacancy in the Supreme Court, high courts and lower courts
is about 10, 30 and 20 per cent, respectively.

In fact number of sanctioned judicial positions is adequate, but

these are not fille
PRESSURE GROUPS
Interest groups play a critical role in a diverse, democratic country such as
India in putting forward opinion of the various interests of different groups
onto the public discourse. They provide space for people to enter the
public realm to discuss and debate on an informed and reasonable
manner.
The demand of the various interest groups must be entertained on an
issue by issue basis. There can be no universal answer to the question. It
is subjective. There might be issues for which a particular action may
benefit a group but adverse to national interest. Privatisation of defence
industry may benefit the corporate and foreign lobby but is detrimental to
the national security. Similarly, liberals may argue the dismantling of
subsidies but the social and economic scenario show the need for
subsidies.
Interest groups also provide inputs regarding the grievances of the people
so that government can take corrective measures. Such as Bank
employees association, Railway mazdoor union etc. Industrial interest
groups like FICCI and CII have from time to time influenced the
commercial and foreign trade policy of the country.
On the other hand, there have been instances when the interest groups
have involved in violence activities to pressurize the government, e.g. the
blockage of rail routes by Gujjars in Rajasthan to demand reservation, the
violence erupted in Bombay due to the sons of soils doctrine, etc. There
have been cases, where certain vested interest groups have influenced
govt policy by corrupt means, like bribe, gifts, etc. Also, issue of
international agencies to stall development projects in India via pressure

groups has also been raised. Sometimes, pressure groups can articulate
the interests of the rich, while the voices of the poor and the marginalised
goes unheard.
Thus, it can be said that the interest groups can be entertained by the
govt, but the objective behind every decision must be guided by social,
economic and political justice to all. Also, transparency in the decision
making process can increase the confidence in the working of pressure
groups and their role in govt policies.
Should the demands of interest groups be entertained by
governments? Substantiate and with suitable examples critically
examine the role of interest groups in deciding the outcome of
government policies in India. (200 Words)

ELECTION REPRESENTATION OF PEOPLE ACT

EDUCATIONAL QUALIFICATION
Rajasthan and Haryana Governments passed law which mandated
minimum educational qualification for contesting Local Bodies Elections.

Why the law if a right step?

The Supreme Court, while upholding the Haryana Amendment Act,
noted that it is not irrational or illegal or unconnected to impose
minimum educational qualifications as this would enable the candidates
to effectively discharge duties of the panchayat
A sarpanch in village India is more than just an elected
representative. Those occupying these positions are, often, bearers of
local common and cultural knowledge and experience and are closely
connected with their constituents. So such a law will only benefit more.
The law was meant to elect model representatives for local selfgovernment for better administrative efficiency
Why the law is undemocratic?
By saying that it is only education which enables one to discern
good from bad and right from wrong, the verdict completely ignores the
astounding work done by many uneducated
Thousands of women, dalits (backward caste) and general
candidates across this north-western state are now debarred from the
panchayat election
Excluding more than half the rural population from candidacy.
o
The average literacy rate in Mewat, according to the2011
census, was 22 percentage points lower than Haryana. The female
literacy rate, at 37%, is amongst Indias worst for a district.
o
This means 89% of women and 80% of men (in the age-group
20 years and above) cannot contest elections in Mewat

Since there arent enough schools and religion plays a big role
in educational decisions,girls in Mewat are mostly sent tomadrasas,
which means they are not counted as literate.
Past instances of educational neglect impact the leaders of
panchayat now
In many gram panchayats, the electoral process is over before it
started. Candidates are elected unopposed or seats are vacant.
o
Rajasthan problem-As many as 43% panchayat ward members
were elected unopposed and 542 seats (0.5%) remained vacant in
Rajasthan.
MPs and MLAs:
o
MPs and MLAs need not have minimum educational
qualifications but panchayat members do.
o
MPs and MLAs can contest elections despite criminal charges
they only need to declare them in their affidavitsbut panchayat
leaders need to append certificates from their local police stations
clearing them of criminal charges.
o
Of 90 MLAs in theHaryana assembly, as many as four MLAs
are eighth-standard pass, and one is an illiterate.
o

ELECTORAL ISSUES
Opinion Poll:
Opinion polls are basically speculation of the results of an election based
on the
survey conducted from the voters.
Opinion polls have three types of impacts namely:
Bandwagon effect where indecisive voter chose to vote winning
candidate;
Underdog effect where people vote out of sympathy for predicted
looser and;
Cue taking effect where people chose not to vote seeing that their
candidate is losing.
Opinion polls are considered significant in elections of a country because1. They tell about the general mood of the voters to the parties and
thus give them direction to form their election manifestoes
according to the present demand of voters.
2. It Compels political parties to launch a clean and honest candidate
to win the elections.
3. It enhances the freedom of speech and expression of voters as
voters freely express their dissent or praise for the government
policies.

But, it is also argued that Opinion polls are against the principle of free
and fair
elections because1. It creates bias among the voters and they can't use their right to
vote freely.
2. Many large political parties pays news channel to distort the opinion
polls for their benefit.
3. Most of the times in India opinion polls are not accurate, results of
elections sometimes are completely different from the opinion polls.
4. A multi-cornered contest with no requirement for winners to secure
at least 50 per cent of the votes makes electoral seat predictions a
futile exercise in India. Not only do opinion polls amplified by their
noisy media partners routinely get it wrong, but they have the
potential to inflict damage to the very notion of a free and fair
election.
5. Opinion polls play an inordinately profound role in shaping
perceptions of likely voters. The average Indian voter is generally
deemed to be vulnerable. This prompted the Election Commission
recently to include photographs of candidates on the ballot to
prevent confusion from multiple similar names. In this context, it is
not difficult to fathom the potential for inaccurate and misleading
opinion polls to sway voters. It is not possible for the average voter
to distinguish between deliberate or unintended imprecision of these
opinion polls, i.e. sins of omission versus commission.
6. In Indian context, where substantial portion of its population is still
illiterate and politically unaware, opinion polls can affect their voting
pattern substantially.
So, both sides shows that there has to be a proper mechanism in which
opinion polls are conducted so that their accuracy is enhanced and there
should be a Model Code of Conduct for the Media also so that they behave
in a fair manner.
Prisoners

vis-a-vis

Election

Prisoners cannot vote in India. Since they are deprived of voting rights,
they would also be automatically disqualified from standing for elections
during periods of incarceration.
2 issues in this:

It makes no offence based or sentence based classification i.e.

prisoners are debarred from voting irrespective of gravity of crime.

It makes no distinction between convicted prisoners, under trials,

and those in lawful custody. 65% are under trials
Law commission recommendations:

Strengthening the office of EC

Establishing an electoral offence against 'paid news'

Setting up 'election benches' in HCs to curb delays

Funding of Political Parties

Association for Democratic Reforms (ADR) reports that 75 per cent of the
income of Indias six major parties comes from undocumented sources.
Around half of these funds came in a period of four months around
elections, largely in cash (for the Congress, this figure stood around 90 per
cent). But party resources are a drop in the bucket because candidates
are expected to foot the vast majority of their campaign expenditures.
Ironically, while politicians of all stripes complain about unrealistically low
campaign spending limits, candidates also routinely report spending just
over half what they are legally entitled to (in reality, campaign spending
exceeds the prescribed limit by several orders of magnitude).
Criminalization
Despite claims that 2014 marked Indias good governance election, a
record number of MPs with criminal records (34 per cent) now grace the
halls of the Lok Sabha. Twenty-one per cent of these lawmakers face
serious charges like murder, attempted murder, and kidnapping. The
historical and empirical evidence is clear that the electoral success of
muscle is due, at least in part, to the advantages of money.
Critically comment on the role of opinion polls in elections in
India. (200 Words)
ELECTORAL REFORMS
SC Judgements:
1. UOI vs ADR: SC directed EC to require candidates to furnish
information about their criminal records
2. Kisan Shankar vs Arun Dattatraya Sawant: SC set aside the
election of a candidate that failed to disclose material information
Atal Bihari Vajpayee - "Every legislator starts his career with the lie of the
false election return he files."
Official expenditure limits are too low --> candidates rely almost
completely on unaccounted cash from undisclosed donors -> renders all
other transparency initiatives of the EC redundant.
Once in office, the must find ways to repay their debts to these donors,
and often do so by favoring them through policy changes or resource
allocation.
Why increased voter turnouts in recent elections?

1. About 80% turnout in recent elections

2. Why?
a.
Not because of freebies as people take freebies from all
parties but vote only one. Also large number of NOTA votes
testifies that
b.
Not because of fear. Reason same as above
c.
Reason is:
i.
For development
ii.
Voting is a matter of pride
iii.
No political influence on officials due to Modal code of
conduct
iv.
All (poor and rich) are equal inside polling booth as each
vote has same value
FREEBIES
The elections are the biggest festival of democracy. In a multi-party and
diverse nation like ours, various mutually antagonistic ideologies exist and
so does the friction between parties. The campaign is usually marked by
feverish speeches, allegations and counters. In their attempt to capture
power, parties often dangle the tempting subsidies, waivers and freebies
in front of the electorate. Such situations are on the rise and have mostly
negative
implications
in
the
long
run:
1.
2.

3.
4.
5.

Making empty promises and rhetoric amounts to lying, morally.

Mostly these are stated without much foresight and calculations.
Empty promises are usually aimed at hugely subsidizing or waiving
off debts which in the long turn creates more deficit. Such illogically
executed plans drain off taxpayers money. For example subsidizing petrol
would benefit the rich and middle class who use private vehicles for
transport but not the vehicles less poor. The money spent on paying
subsidies could have been used to build more public transport system.
In bid to keep promises, the relations between parties governing at
different levels often gets friction. Strained relations prompt blame
games and spill over to next elections.
Voters are often polarized along various lines due to such rhetoric.
Sections of voters often have conflicting interests and one stands to gain
at the cost of the others.
Continuous empty promises lead to frustration amongst voters
eventually undermining confidence on all parties.

In my opinion, empty promises and rhetoric do more harm than good.

Though some promises are kept, most are not and thus continues the
cycle of unfulfilled promises. This practice can be curbed by asking parties
to publish, along with their manifestos, a future roadmap regarding how
they plan to achieve their targets and an impact assessment of the same.

The promise of offering freebies to people by political parties if

they are voted to power is now a common feature during
elections in India. What is your opinion on this issue? Do you
think such promises are against the principles of democracy? Also
examine what would be the effect on economy if such promised
freebies are given to people. (200 Words)
NOTA
What is NOTA?
NOTA stands for "None Of The Above". It signifies right of voters to reject
all candidates contesting the elections. In 2013, SC upheld this right and
directed Election Commission to have an option of NOTA on EVMs and
ballot papers. It is considered as a major reform which will go a long way
in cleansing political system of the country.
NOTA will not impact election results:
In its landmark judgment in September 2013 ordering the inclusion of the
NOTA option, the Supreme Court had clarified that a NOTA countwould not
invalidate an election and the highest-polling candidate would be declared
elected. With this, thevoter only gets a method to register discontent.
Why have NOTA if theres no electoral value?
NOTA gives people dissatisfied with contesting candidates an opportunity
to express their disapproval. This, in turn, increases the chances of more
people turning up to cast their votes, even if they do not support any
candidate, and decreases the count of bogus votes. Also, the Supreme
Court has observed that negative voting could bring about a systemic
change in polls and political parties will be forced to project clean
candidates.
Why NOTA is good?

NOTA option will force the political parties to select the honest
candidates, i.e with no criminal records.

NOTA ensures peoples right to freedom of speech and expression.

This will increase the polling percentage.

Why it is bad?

Even if majority people vote for NOTA, the next highest majority
candidate will be elected. So, in the strictest sense it does not give any
chance to reject or disqualify candidates.
Which other countries allow NOTA?
Colombia, Ukraine, Brazil, Bangladesh, Finland, Spain, Sweden, Chile,
France, Belgium and Greece allow their voters to cast NOTA votes. The US
also allows it in a few cases. The state of Texas in the US permits the
provision since 1975. The option, however, has faced opposition there.
Conclusion:

Though NOTA option has no effect on the results, it is definitely a good

step because it gives people the right to express their opinion regarding
the contestants. It would also lead to decriminalization of politics. Hence,
NOTA should be considered as the first step in the right direction.
OLIGARCHY IN INDIAN POLITICS
Context:
Major Indian political parties are dominated by the group of few or a single
family which lead to centralised tendencies and best performance of the
party is restricted.

Why?
Historical base of politics which consider hierarchical nature of
leadership rather than merit based or performance based leadership. For
ex. Congress role in Freedom Struggle is still a strong influencing factor
among many Indians
Lack of awareness among people and socio-economic constraints
blind them of the true nature of politics.
Criminalisation of Politics and Politicisation of Crime. Very difficult for
common man to rise and grab power. Those who already have power,
don't want to loose it and thus don't let others rise.
Role of money in elections. ADR report (80% chances of win if
candidate is a crorepati)
No democracy within the party.
Charismatic nature of Indian politics

Steps Taken:

Major role played by Election Commission and Judiciary

EC regulations like Code of Conduct, expenditure limits etc to curb

role of money and criminals in elections

Several verdicts like barring of convicted criminals to hold post,

forcing candidates to file details of assets etc.
RPA

Facts:
There are provisions in the RoPA (clause 58A) which empowers
the Election Commission to cancel the polls in case of booth capturing
or when there is use of muscle power. But there is no clause
empowering the EC to do the same if there is use of money power in
elections. EC has asked for it.
What do you understand by Delimitation of Constituencies?
Examine its objectives and how delimitation affects the
Representation of the People Act. (200 Words)

Delimitation is the process by which the boundaries of constituencies,

whether in the Lok Sabha or in the Vidhan Sabhas, are periodically
redrawn, keeping the changing population in consideration, according to
the latest census. In India, delimitation is carried out by the Delimitation
Commission, set up after every census by an act of the Parliament in
pursuance of Article 82.
Objectives:
1.
Like any democracy, India operates on the one-man-one-vote
principle. Therefore, it is needed to counter the situation of
constituencies of unequal size, which would mean that effectively each
voter in a smaller sized constituency has a greater voice than those in
larger sized constituencies.
2.
This is also a constitutional requirement. The constitution stipulates
that each state will be allocated seats in the Lok Sabha in proportion to
its share in the population of the country and that each constituency
within a state should also be determined on the same basis.
3.
Also, it is needed to accommodate the changing demographics of
reserved category (SC/ST) population, after which the seats reserved for
them can be changed accordingly.
Representation of Peoples Act 1951 is an act enacted by the Indian
provincial parliament before first general elections. The Peoples
Representation act provides for the actual conduct of elections in India. It
provides for the allocation of seats, delimitation of constituencies and the
qualification of voters at such election and preparation of electoral rolls.
Delimitation exercise affects the RPA act in the following way:
1.
Leads to a change in the electoral rolls of the constituencies.
2.
Increase in the seats of Lok Sabha/ Vidhan Sabha, to maintain an
adequate the representative: citizens ratio, whenever the govt feels the
need.
Recently the Law Commission informed the Supreme Court that
the punishment for filing false affidavit by poll candidates be
enhanced to a two-year prison-term and the person disqualified
from contesting elections. Critically examine the issue and
comment why such candidates be punished harshly. (200 Words)
Supreme Court held that disclosing of information including the criminal
antecedents in the affidavits is an important process which helps the voter
to make well informed choices. Filing of false affidavits has a direct
bearing
on
the
integrity
of
an
election.
Ensuring free and fair elections is a basic feature of our constitution.
Recent issue of the Ex-Delhi law minister who filed false affidavit as a
degree holder of law, this attempt needs to be seen as the deliberate
attempt to influence voters which is against the principles of our

constitution.
Filing of false affidavits is an issue included under Section 125 A of the RP
Act. This section acted as immunity for those who are committing such
frauds, as this act entitles only a punishment of 6 months or a fine.
Firstly, the candidate can't be disqualified for filing a false affidavit and
secondly delay in the court proceedings resulting in an unduly longer
period between the framing of charges and conviction. These loopholes
resulted in making this provision by the offenders as a mockery on
democracy.
SC had asked the Law Commission to provide framework for curtailing
these kind of offences. Commission had recommended that, Section 125 A
be included under the Section 8(1) of the RP Act which results in the
disqualification of an elected representative for filing false affidavits.
Strengthening of the law might act as an abundant caution against these
offences. But, major difficulty lies in catching these offenders as it would
be difficult and lengthy process for identifying such cases and bringing
them to the justice.
RELIGIOUS APPEALS AS CORRUPT PRACTICES IN RPA

What is the issue?

The seven-judge Constitution Bench of Supreme Court has

questioned whether the practice of using the mass religious appeal
by leaders to canvas votes for candidates amounts to a corrupt
electoral practice.

The SC bench led by Chief Justice is re-considering its 1995

verdict which had held that canvassing votes in name of
Hindutva/Hinduism wasnt a corrupt electoral practice, as Hinduism
was not a religion but a way of life in India.

This issue comes under Section 123 of Representation of the

People Act.

It was looking into the various means by which misuse of

religion or faith of the masses for electoral gains can be categorised
as a corrupt practice.

It was also looking into electoral practices of political parties

and candidates to rope in clerics or priests to flex their religious
sway over particular religious community to swing votes.
What 1995 verdict says?

The Representation of the People Act bars candidates and

political parties to appeal in the name of religion. If found guilty for
violation, the candidate can be disqualified.

The 1995 judgment delivered by Justice JS Verma had seeking

votes in the name of Hinduism is not a corrupt practice under
Section 123 of Representation of the People Act.

SIMULTANEOUS ELECTIONS
Simultaneous elections of Lok Sabha and State assemblies:
Proposed by PM to end vicious cycle of elections in country.
Supported by President.

The parliamentary standing committee on law and personnel has

also strongly recommended holding of simultaneous Lok Sabha and
assembly elections all over the country

Has it ever happened?

After the Constitution came into being in 1950, elections to the Lok
Sabha and all state assemblies were held simultaneously in 1952, 1957,
1962 and 1967 and all the newly elected legislative bodies were
constituted between March and April in each of these years.

However, in 1967 and 1970 due to fractured mandates and unstable

governments, simultaneous elections could not be conducted after that.

Negatives of current system:

Frequent elections bring to a standstill normal functioning of the
government and life of the citizens and bring a heavy recurring cost.
As soon as the Election Commission announces the poll dates, the
model code of conduct (MCC) comes into operation. This means that the
government cannot announce any new schemes, make any new
appointments, transfers or postings without EC approval. Ministers get
busy in the election campaign, the district administration machinery gets
totally focused on elections
Cost is another major issue. The costs of election have gone up
enormously. It has two components the cost of management to the
EC/ government and the cost to candidates and political parties. Though
there are no exact estimates, one guesstimate puts it at Rs 4,500 crore.
The bigger problem is the havoc played by the money power of political
parties and contestants. Though the law prescribes a ceiling on the
expenditure of candidates, the fact is that it is violated with impunity.
Another consequence of frequent elections is the aggravation of
vices like communalism, casteism, corruption (vote-buying and fundraising) and crony capitalism. If the country is perpetually in election
mode, there is no respite from these evils.

Positives of current system:

One, politicians, who tend to forget voters after the elections for five
years have to return to them. This enhances accountability, keeps them
on their toes.

Two, elections give a boost to the economy at the grassroots level,

creating work opportunities for lakhs of people.
Three, there are some environmental benefits also that flow out of
the rigorous enforcement of public discipline like non-defacement of
private and public property, noise and air pollution, ban on plastics, etc.
Four, local and national issues do not get mixed up to distort
priorities. In voters minds, local issues overtake wider state and national
issues
It also ensures that the mood of the nation at a particular moment
does not hand over political power across a three-tiered democratic
structure to one dispensation or individual.

What Constitution says?

Article 83(2) of the Constitution requires that the Lok Sabha be in

existence for five years from the date of its first meeting, unless
dissolved earlier, and, thereafter, a fresh election would have to be
conducted.

Similarly, Article 172 of the Constitution requires that the state

legislatures continue for five years, unless dissolved earlier.

So phrase, unless dissolved earlier, found in the text of these two

articles is against the notion of simultaneous elections in a big country
like India as it is not possible to ensure simultaneous dissolution of
governments.
Way Out:
An alternative and practicable method is holding elections in two phases.
Elections of some assemblies can be held at mid-term of Lok Sabha and
remaining with the end of tenure of Lok Sabha. For this, the terms of some
legislative assemblies may need to be extended while some of them may
need to be curtailed. Election Commission is empowered by the
Representation of the People Act, 1951 to call an election six months prior
to the end of the normal term of the Lok Sabha or any state assembly.
Conclusion:
Simultaneous pollsLok Sabha, states and local bodiescould be
beneficial for both governance and the business model of politics. It will
address the issue of delayed decisions that hurt the economy. Fewer polls
will bring down the funding cost of frequent polls for parties. Additionally,
simultaneous polls will enable parties to create capacity, vertically
integrate interests. However, greater consensus is needed to proceed
further on this.
Also read Simultaneous elections

OTHER BODIES
APPOINTMENT INSTITUTIONS

With suitable examples, critically comment why timely and

transparent appointments to key posts of important institutions
is in the interest of smooth functioning of democracy. (200
Words)
A democracy works on a system of checks and balances to ensure that no
organ of the state acts against the interests of the people. This system of
checks and balances is instituted in the form of a few key institutions
namely the Comptroller and Auditor General (CAG), Central Vigilance
Commission (CVC), the Judiciary, Central Information Commission (CIC)
etc.
However, the recent past has shown that appointments of heads or
members of these institutions have been delayed. While CIC was without
a Chief Information Commissioner for about 10 months, similarly CVC was
also
functioning
without
a
chief.
1.

The absence of a CIC for 10 months led to large number of

problems in the implementation of the RTI Act., which is one of the pillars
of good governance. The CIC bench is the only bench which hears
petitions against sensitive departments like PMO, Atomic Department,
Defense etc. It is also a referral bench for appeal against the decisions of
other information commissioners. 10 months without a CIC has led to a
backlog of nearly 38000 cases. It is estimated to take 15 years to clear
this backlog at current pace of work, if no new petitions are filed. This
shows
the
seriousness
of
the
issue.

2.

The CVC acts as a watchdog to ensure that government activities

are free of the taint of corruption. Thus, it is sub optimal to have a
vigilance commission without a Chief Vigilance Commissioner.

3.

The judiciary is widely acknowledged to be the protector of the

rights of people. However, many High Courts are functioning at lower
than sanctioned strengths despite the huge backlog of cases.

4.

24 laboratories (Out of 37) of CSIR are working without Directors,

Even the Director General of CSIR is not permanent rather ad hoc
arrangements have been made. Same is the condition with other premier
organizations
like
ISRO,
DRDO,
ICMR
etc.

5.

Timely appointment to such positions indicates how much

importance the incumbent govt. accords to the particular sphere. It is the
barometer
of
Govt.'s
Priorities

When institutions that safeguard the rights of the citizens against

executive excesses are understaffed then that has an indelible impact on
the rights of the common people. A government which professes to rule in
the best interests of people cannot adhere to that philosophy if it leaves
important institutions understaffed.

BCCI

The Board of Control for Cricket in India (BCCI) is the national

governing body for cricket in India. The board was formed in December
1928 as a society. It is a consortium of state cricket associations and the
state associations select their representatives who in turn elect the BCCI
officials. BCCI does not depend on the Government for its finances.
The recent Supreme Court judgement for Institutional integrity
from BCCI and classifying it as a Public functionary will advance
public accountability in all the sports bodies in India. In the light
of the verdict discuss the problems faced by the sports sector .
Also suggest the solutions for the same. (200 Words)
Ans: Supreme court's judgment increases accountability of private
entities
which
are
working
as
public
entities.
Cricket has become business since start IPL, ICL and other championships.
BCCI registered under Tamil Nadu Societies Registration Act controls
cricket in India and Indian cricket at abroad delivering public service with
highest sports viewership in India. But, it is self-governed without any
public accountability because Article 12 of Indian constitution can't
subscribe
to
such
organisations.
India recently lost its membership from international Olympics committee
because rules of Olympics Association of India were ultra-vires to IOC.
Similar crisis in Hockey Association, Boxing Federation, and Football are
mushrooming on same grounds of non-public scrutiny under Article 12. We
don't have any National Sport because of such inconsistency in
management of Sports fraternity in India. GOI of do not control any of
sport
which
is
relevant
to
Olympics.
SC's judgment that all institutions though not "state" under Article 12 of
the Indian constitution, but providing, earning or governing activities
which are directly related to public or state comes under purview of Article
226 of the Indian Constitution is laudable.
Solutions:
1.
Bring sports entities under RTI and Lokpal or Lokayukta
2.
Parliament must enact law regarding governance of Sports
Authorities
3.
TRAI must regulate and notify rules for advertisement and telecasts
of Sports in India
4.
Service Tax and Education cess should be levied on earning of sports
Authorities.
With over billion populations India starves for a single Gold Medal from
Olympics, in long term this landmark judgement will change profile of
Indian sports.

BCI BAR COUNCIL OF INDIA

Body entrusted with regulating the legal profession and to deal with
lawyers who step out of line.
Numerous cases of Lawyer strikes
o
2009: clash between lawyers and police in Madras HC --> led
to formation of ShriKrishna Committee
o
September 2015: group of lawyer protesting against judges in
Madras HC
o
June 2015: Madurai Lawyers against decision of wearing
helmet in Court premises
o
July 2015: Indefinite strike by Delhi district court lawyers
Madras HC directed the Union government to consider entrusting
the functions of Bar Council to an Expert Committee headed by
retired SC judge along with academicians, legal experts, Doctors,
Prominent Social workers, retd. IAS and police officers.
SC order in Common Cause vs UOI: It is unprofessional for lawyers
to go on strike or boycott court; It is duty of state and National bar
councils to take action against striking associations. It held that only
in Rarest of rare cases abstention from court is justified.

Some concerns:

Politicization of bar associations e.g. in TN --> DMK, AIDMK, PMK

Quality of lawyers deteriorating
o
Suggestion to stop three year degree and retain only 5-year
course
o
Amend Advocates Act to prevent entry of criminal or extremist
elements into the profession

CAG

The Comptroller and Auditor General (CAG) of India is an

authority,established by the Constitution of India under article 148.
CAG audits all receipts and expenditure of theGovernment of India
and the state governments,including those of bodies and authorities
substantially financed by the government.
The CAG is also the external auditor of Government-owned
corporations and conducts supplementary audit of government companies,
i.e., any non-banking/ non-insurance company in which the state and Union
governments have an equity share of at least 51% or subsidiary companies of
existing government companies.
The reports of the CAG are taken into consideration by the Public
Accounts Committees (PACs) and Committees on Public Undertakings (COPUs),
which are special committees in the Parliament of India and the state
legislatures.

The CAG enjoys the same status as a judge of Supreme Court of

India in Indian order of precedence.
Appointment: CAG is appointed by the President of India following a
recommendation by the Prime Minister. On appointment, he/she has to make
an oath or affirmation before the President of India.
Removal: The CAG can be removed only on an address from both
house of parliament on the ground of proved misbehaviour or incapacity.The
CAG vacates the office on attaining the age of 65 years age even without
completing the 6 years term.
From <http://www.insightsonindia.com/2015/09/10/insights-daily-currentevents-10-september-2015/>
Demand to Make CAG accountable to Parliament

Demand to make CAG responsible to parliament through

constitutional amendment
Often CAG's report are not presented to legislature on time, as they
might be deemed inconvenient by the government of the day. This dilutes
CAG's effectiveness in ensuring Executives accountability to parliament
The present constitutional structure ensures independence of the CAG to
go into the entire gamut of audit functions where public interest is
involved.
It is useful to draw the publics attention to Article 324 of the Constitution,
which fully empowers the Election Commission of India (ECI) to
superintend, direct and control the election of the President, the VicePresident and the legislatures, both at the Centre and in the States.
Apropos the elections, the powers of the ECI are absolute and even
litigation before the judiciary can only come after the completion of the
election process.
In most Commonwealth countries, the legislative auditor is the AuditorGeneral, whose office is a core element of parliamentary oversight, and he
or she reports directly to Parliament and to the PAC. In some instances,
the Auditor-General is an officer of Parliament, with the latter
guaranteeing him independence from the executive (as in the case of
Australia and the U.K.) while in some other instances, he or she is
independent of both the executive and the legislature, as in the case of
India.
CAT

08/04/2016
CAT was established under Article 323A of the Constitution (inserted
by the 42nd Constitutional Amendment, 1976).

It is a multi-member body consisting of Chairman and members.

It was established in 1985 under Section 29 of the Administrative

Tribunals Act, 1985.
It exercises original jurisdiction in relation to recruitment and all
services matters of public servants covered by it.
Its jurisdiction extends to the all-India services, Central civil
services, civil posts under the Centre and civilian employee of defence
services.

CBI

Attempts to deflect serious criminal investigations undertaken by

CBI, the country's highest law enforcement agency, have to be
dealt with seriously by the executive. What are the problems
affecting the CBI and what are the institutional reforms needed to
empower it? (200 Words)
CBI is premier investigative police agency in India; derives its legal powers
from Delhi Special Police Establishment Act-1941. The investigative work
of CBI is done by special police establishment division. The act vest
superintendence of Special Police establishment division in central
government
(home
ministry).
Today

CBI

faces

following

problems:

1.

Credibility crisis: With director of CBI himself meeting persons

linked with scams such as 2G, coal block at his residence, the reputation
of CBI has touched a new low; appears that premier investigative agency
is
hand
to
glove
with
accused
in
high
profile
scams.

2.

Political pressure: Last year CBI admitted that its status report on
coal block allocation scam was changed under pressure from political
executive; showing CBI no longer functions as truly independent body.

3.

Lack of autonomy: CBI can investigate only those cases which are
referred to it by State. Successive governments have used CBI as an
instrument to nail their political opponents in serious charges like
corruption as well as threat to obtain supports from dissenting factions.

4.

Pendency of cases: In various CBI special courts more than 10000

cases are pending; CBI as an investigative body is unable to nail culprits
effectively.

5.

CBI depends on the government for financial and administrative

functions. This is a serious roadblock in CBIs functioning independently.
Need
reforms
in
this
sphere
as
well.

Proposed
1.

institutional

reforms:

Ensure proper selection: Lokpal provides for appointment of

Director, CBI through a collegium system which is a step in right

direction.
2.

Liberate CBI from political interference: Lokpal should be

allowed to decide cases which CBI takes up; CBI to report to Lokpal for
investigation of such cases; Lokpal can supervise and oversee CBI.

3.
the

Substitute archaic DPSE act by new CBI act; clearly re-defining

role,
jurisdiction
and
legal
powers
of
CBI.

for

More establishment in form of judges, prosecutors and support staff

CBI.

4.
5.

Have a dedicated cadre for CBI.

CCI

Competition Commission of India is a body of the Government of India

responsible forenforcing The Competition Act, 2002throughout Indiaand
to prevent activities that have an adverse effect on competition in India. It
was established on 14 October 2003. It became fully functional in May
2009.

The objectives of the Act are sought to be achieved through the

Competition Commission of India (CCI).
CCI consists of a Chairperson and 6 Membersappointed by the
Central Government.
The duty of the Commission is to eliminate practices having adverse
effect on competition, promote and sustain competition, protect the
interests of consumers and ensure freedom of trade in the markets of
India.
The Commission is also required to give opinion on competition
issues on a reference received from a statutory authority established
under any law and to undertake competition advocacy, create public
awareness and impart training on competition issues.
The Competition Act, 2002 prohibits anti-competitive agreements,
abuse of dominant position by enterprises and regulates combinations
(acquisition, acquiring of control and Merger and acquisition), which
causes or likely to cause an appreciable adverse effect on competition
within
India.
To achieve its objectives, the Competition Commission of India endeavours
to
do
the
following:

Make the markets work for the benefit and welfare of consumers.
Ensure fair and healthy competition in economic activities in the
country for faster and inclusive growth and development of economy.
Implement competition policies with an aim to effectuate the most
efficient utilization of economic resources.

Develop and nurture effective relations and interactions with

sectoral regulators to ensure smooth alignment of sectoral regulatory
laws in tandem with the competition law.
Effectively carry out competition advocacy and spread the
information on benefits of competition among all stakeholders to
establish and nurture competition culture in Indian economy.

From <http://www.insightsonindia.com/2015/09/09/insights-daily-currentevents-09-september-2015/>
CENSOR BOARD

Ministry/Department : Ministry of Information and Broadcasting

Motive: Censorship and classification body

What it does?

It assigns certifications to films, television shows,

television ads, and publications for exhibition, sale or hire in
India

The Board consist of non-official members and a Chairperson

(all of whom are appointed byCentral Government)

Grants 4 kinds of certificates to films:

o
U unrestricted exhibition
o
UA- unrestricted exhibition, with a word of caution to
parents that some content might not be appropriate for children
below 12 years of age
o
A- adults only
o
S- restricted to special class of persons

CBFC is a statutory body under Cinematograph Act 1952.

This act empowers the CBFC with pre-censorship i.e. before
releasing a film for mass viewing, it must be given a clean chit by
CBFC (also interchangeably referred to as the Censor Board).

The board makes sure that the film content does not fall under
the reasonable restrictions imposed upon freedom of speech under
Article 19(2) of the constitution. But since these reasonable
restrictions are ambiguously worded (public order, decency, morality
etc.), this gives CBFC leeway to exercise arbitrary jurisdiction to
impose cuts and restrictions
Autonomy of censor board has its direct bearing on the
protection of freedom of speech and expression in the country.
Elucidate. Suggest measures to improve the functioning of the
Central Board of Film Certification (CBFC) in the light of recent
controversies. (200 Words)
The Constitution of India has mandated the people with freedom of
speech and expression under Article 19, subject to certain restrictions.

However, censorship in films has been dealt with on a slightly different

plane primarily due to the fact that they have immense potential to
sway public opinion in a country which has often witnessed communal
and
religious
disharmony.
The recent censoring of a movie by the CBFC on the grounds that the
movie promoted superstitious beliefs and that the lead actor of the
movie is a controversial figure (who has been earlier accused of hurting
Sikh sentiments, sexual exploitation of women and murder) is justified
in the sense that freedom of expression cannot be absolute, especially
in such cases where a person may try to better his image through a
positive
portrayal
onscreen.
The CBFC's autonomy has been important in insulating the board from
political parties especially those who might want to carry out political or
religious propaganda through the medium of films. The banning of the
documentary Final Solution (based on Gujarat riots) is a case in point.
However, there have been instance of the board's overt activism. For
example, the movie Gulabi Aaina, which was based on trans-genders,
was banned in India although it had won numerous awards all over the
world.
The government should presently try to tender complete autonomy to
the CBFC by classifying it as an independent body and not under MoIB.
The Film Certificate Appellate Tribunal can also be reformed vis--vis
National Green Tribunal to prevent any political interference. The civil
society and NGOs can also be engaged to participate in the selection of
the members as well as in the issuance of certificates to films.
Related Notes:

Shyam Benegal Committee

FSSAI AND MAGGI CONTROVERSY

About

FSSAI:

The Food Safety and Standards Authority of India (FSSAI) has been
established under Food Safety and Standards Act, 2006 which
consolidates various acts & orders that have hitherto handled food related
issues
in
various
Ministries
and
Departments.

It was created for laying down science based standards for articles
of food and to regulate their manufacture, storage, distribution, sale and
import to ensure availability of safe and wholesome food for human
consumption.
Ministry of Health & Family Welfare, Government of India is the
Administrative Ministry for the implementation of FSSAI.

The Chairperson and Chief Executive Officer of Food Safety and

Standards Authority of India (FSSAI) are appointed by Government of
India.
The Chairperson is in the rank of Secretary to Government of India.
Important

functions

performed

by

the

authority:

Framing of Regulations to lay down the Standards and guidelines in

relation to articles of food and specifying appropriate system of enforcing
various standards thus notified.
Laying down mechanisms and guidelines for accreditation of
certification bodies engaged in certification of food safety management
system for food businesses.
Laying down procedure and guidelines for accreditation of
laboratories and notification of the accredited laboratories.
To provide scientific advice and technical support to Central
Government and State Governments in the matters of framing the policy
and rules in areas which have a direct or indirect bearing of food safety
and nutrition .
Collect and collate data regarding food consumption, incidence and
prevalence of biological risk, contaminants in food, residues of various,
contaminants in foods products, identification of emerging risks and
introduction of rapid alert system.
Creating an information network across the country so that the
public, consumers, Panchayats etc. receive rapid, reliable and objective
information about food safety and issues of concern.
Provide training programmes for persons who are involved or intend
to get involved in food businesses.
From <http://www.insightsonindia.com/2015/09/14/insights-daily-currentevents-14-september-2015/>
"it is the unorganised sector that is much more likely to poison
consumers or make them sick." In the light of recent controversy
over the presence of poisonous chemicals in a noodle brand
belonging to an organized retailer, critically comment on the
statement. (200 Words)
Recent incidence of higher than permitted lead content in one of noodle
brand of an
organised retailer brought in focus the often neglected issue of safety of
food products.
If such is condition of organised branded food products then we can
imagine the standard of quality in unorganised and street food where no
attention is paid to quality, hygiene and food safety.

On the face of it, it does appear that organised sector (branded) food
products would be safer compared to unorganised due to following
reasons:
1.
There is a system of testing and quality control in place in organised
sector
2.
Organised players, being brand conscious, do not want to
compromise with consumer safety as it can be highly detrimental and
counterproductive to their brand and profitability.
3.
Organised retailer often has fear of inspection and required to
maintain a modicum of quality in order to obtain BIS and other
certification.
But these differences can easily evaporate if we consider the other factors
like lax enforcement of food laws, lack of manpower and resources at
disposal of inspection
authorities, rampant corruption and overall poor quality culture in India.
So the need of hour is, to have a risk based framework of rules and
regulation applicable over entire supply chain applicable to both organised
and informal sector with focus on ensuring consumer's safety. This needs
to be done in tandem with enhancing capacity and competence of food
safety and standard authorities with focus on manpower augmentation
and capacity building. There is a dearth of authorised labs and the
existing labs are overwhelmed with the work. So, number of labs must be
increased. Also consumer awareness needs to be increased along with
more disclosure of ingredients. The consumer grievance redressal
mechanism needs to be strengthened so that producers fear the deterrent
effect of fine and punishment to comply with regulation.
ICANN

Facts:
India Favours Multi-Stakeholder Model for Internet Governance
Mechanisms
The Ministry of Electronics & Information Technology held
consultations with various stakeholders with a view to preserve the
character of the Internet as a unified, dynamic engine for innovation and
to encourage equity and inclusion.
The Ministry has clarified that India is in favour of a multistakeholder model for Internet Governance Mechanisms.
During the meeting, the stakeholders discussed issues for
enhancing the accountability of the Internet Corporation Assigned Names
and Numbers (ICANN).
Many stakeholders appreciated the transition of Internet Assigned
Numbers Authority (IANA) functions from the U.S. Commerce
Departments
National
Telecommunications
and
Information
Administration (NTIA) to the Global Multi-stakeholder Community as a
positive development.

The meeting concluded with a call to all stakeholders to participate

actively in all global processes keeping in mind the perspectives of the
Indian
communities.
About the Internet Corporation Assigned Names and Numbers (ICANN):
ICANN is the global body that oversees operation and administration
of the Internet domain name system.
ICANN was formed in 1998.
It is a not-for-profit partnership of people from all over the world
dedicated to keeping the Internet secure, stable and interoperable. It
promotes competition and develops policy on the Internets unique
identifiers.
ICANN doesnt control content on the Internet. It cannot stop spam
and it doesnt deal with access to the Internet. But through its
coordination role of the Internets naming system, it does have an
important impact on the expansion and evolution of the Internet.
It is responsible for coordinating the maintenance and
methodologies of several databases, with unique identifiers, related to
the namespaces of the Internet and thereby, ensuring the networks
stable and secure operation.
ICANN is governed by an internationally diverse Board of Directors
overseeing the policy development process. ICANNs President directs an
international staff, working from three continents, who ensure that ICANN
meets its operational commitment to the Internet community.
LAW COMMISSION

Cabinet gave approval to constitute the 21st Law Commission of India for
a period of 3 years (2015-2018)
About
The Law Commission of India is a non-statutory body constituted by the
Government of India from time to time. The Commission was originally
constituted in 1955 and is re-constituted very three years. The tenure of
the 20th Law Commission was upto 31st August, 2015. Various Law
Commissions have been able to make important contribution towards the
progressive development and codification of laws of the country. Law
Commissions have so far submitted 262 reports.
Composition

a full-time Chairperson;
four full-time Members (including a Member-Secretary);
Secretary, Department of Legal Affairs as ex officio Member;
Secretary, Legislative Department as ex officio Member; and
not more than five part-time Members.

Functions

Undertake research in law and review of existing laws in India for

making reforms therein and enacting new legislations.
Undertake studies and research for bringing reforms in the justice
delivery systems for elimination of delay in procedures, speedy disposal
of cases, reduction in cost of litigation etc.
Identify laws which are no longer relevant and recommend for the
repeal of obsolete and unnecessary enactments.
Suggest enactment of new legislations as may be necessary to
implement the Directive Principles and to attain the objectives set out in
the Preamble of the Constitution.
Prepare and submit to the Central Government, from time to time,
reports on all issues, matters, studies and research undertaken by it and
recommend in such reports for effective measures to be taken by the
Union or any State.

Recently recommendation by Law Commission to set up exclusive

commercial courts will boost ease of doing business in the
country. Discuss. (200 Words)
India has been ranked 142nd in ease of doing business and has slipped
from the previous 140th rank, which is a matter of concern. Trade has
been the lynch-pin of development since ancient times. Looking at the
sluggishness of the world economy and to have a positive BoP, we need to
boost the manufacturing sector in the country towards the make in India
campaign
In this regard, the formulation of the Commercial courts bill,2015 has been
a progressive step. The salient features of this bill include:
1.
2.
3.
4.
5.
6.
7.

Setting a time limit of 90 days for delivery of judgment after

conclusion of arguments
Setting up appellate division benches in high courts which will hear
the appeals from commercial courts.
Provides for 'training and continuous education of judges' by the
national and state judicial academies.
These courts will have judges with expertise and experience in
commercial disputes and fixed tenure of two years so that continuity is
maintained
The commercial court will be empowered to conduct a case
management hearing by amending the CPC.
Will have powers to fix dates for hearing, decide which issues are to
be tried and witnesses to be summoned.
The court will be empowered to impose costs and other penalties on
parties for failure to follow the directions set out in a case management
hearing,

Although speed and efficiency are all but guaranteed in the Commercial
Court
some
pitfalls
are1.

Efficiency is derived primarily from strictly enforced deadlines has

consequent demands and pressures on both solicitors and their clients.
2.
The cost of bringing claims is significant
3.
Litigating before the Commercial Court can often attract far greater
publicity, which is not always welcomed.
However many countries like the USA, Germany, England, France, Austria,
New
Zealand, Ireland etc. have had commercial courts from 1990s itself. Hence
this could be seen as a welcome step in the right direction
The Law Commission of India (LCI) in its recent 253rd Report has
recommended reforms that can support India's economic growth
from a legal perspective. Comment on its recommendations. (200
Words)
According to a report released by World Bank and international finance
corporation India is the 3rd worst in settling commercial disputes. The
recent recommendations by the law commission of India throws a legal
dimension to economic reforms that is the need of the hour.
Recommendations:
1.

Setting up commercial benches in high courts to fast track

commercial disputes so that the hitherto pending cases are disposed of
easily and the judiciary is relieved of its burden to some extent.

2.

"Commercial Disputes" that will include even, ordinary transactions,

provided they are above the value of Rs.1 crore ensures financial
responsibility and accountability to the investor's money.

3.

Appointment of persons of economic expertise by the chief justice is

a step towards delivering fair, quality judgements. This avoids
unnecessary
costs
incurred
for
appeal.

4.

Commercial appellate authority to hear appeals is indeed a move to

redress and revert any mishap in the lower court's judgement.

Thus providing internal reforms with a legal dimension is the right step at
the right time to improve investor friendly climate in India especially when
India ranks among the lowest in ease of doing business(142) and the
government is taking all steps (Make in India) to incline towards the
market in line with the other developing economies and developed
nations
-----

LCI recommended reforms are much-needed reforms in a growing

economy where commercial disputes are often complex and of high value.
The LCI has recommended the establishment of a commercial division in
the High Courts to ensure speedy disposal of high-value commercial suits.
It has proposed a bill, titled The Commercial Division and Commercial
Appellate Division of High Courts and Commercial Courts Bill, 2015, and
substantive procedural changes in the form of amendments to the Civil
Procedure Code, 1908. The bill will define commercial disputes so as to
include ordinary transactions of merchants, bankers, financiers, joint
ventures, partnerships, insurance companies and so on. These courts will
have jurisdiction to hear only those disputes valued at Rs.1 crore or more.
A commercial appellate division will hear appeals on the orders and
decrees of the commercial courts. The Chief Justice will nominate judges
with expertise and experience in commercial matters to the commercial
and appellate courts. All pending commercial disputes beyond the
specified value will be transferred to the commercial division. These
recommendations are aimed to ensure disposal of cases expeditiously,
fairly, and at reasonable cost.
NHRC

Facts:

Cases registered by the National Human Rights Commission have

gone up over the past three years, but those where monetary relief was
recommended have in fact declined

Recent cases :
o
Red Sanders encounter case
o
Dadri mob lynching
TheNational Human Rights Commission(NHRC) ofIndiais an
autonomous public body constituted on 12 October 1993 under the
Protection of Human Rights Ordinance of 28 September 1993. It was given
a statutory basis by the Protection of Human Rights Act, 1993
(TPHRA).The NHRC is the national human rights institution, responsible for
the protection and promotion of human rights, defined by the Act as
rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International
Covenants
Functions
a.
Inquire, on its own initiative or on a petition presented to it by a
victim or any person on his behalf, into complaint ofi.
violation of human rights or abetment or
ii.
negligence in the prevention of such violation, by a public
servant;
b.
intervene in any proceeding involving any allegation of violation of
human rights pending before a court with the approval of such court;

c.

d.
e.
f.
g.
h.

i.
j.

visit, under intimation to the State Government, any jail or any other
institution under the control of the State Government, where persons are
detained or lodged for purposes of treatment, reformation or protection
to study the living condition of the inmates and make recommendations
thereon ;
review the safeguards by or under the Constitution or any law for
the time being in force for the protection of human rights and
recommend measures for their effective implementation;
review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and recommend appropriate remedial
measures;
study treaties and other international instruments on human rights
and make recommendations for their effective implementation;
undertake and promote research in the field of human rights;
spread human rights literacy among various sections of society and
promote awareness of the safeguards available for the protection of
these rights through publications, the media, seminars and other
available means;
encourage the efforts of non - Governmental organizations and
institutions working in the field of human rights;
such other functions as it may consider necessary for the promotion
of human rights.

Powers relating to inquiries

While inquiring into complaints under the Act, the Commission shall have
all the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908, and in particular the following, namely;
a.
Summoning and enforcing the attendance of witnesses and
examining them on oath;
b.
discovery and production of any document;
c.
receiving evidence on affidavits;
d.
requisitioning any public record or copy thereof from any court or
office;
e.
issuing commissions for the examination of witnesses or
documents;
f.
any other matter which may be prescribed.
The Commission has its own investigating staff headed by a Director
General of Police for investigation into complaints of human rights
violations. Under the Act, it is open to the Commission to utilise the
services of any officer or investigation agency of the Central Government
or any State Government. The Commission has associated, in a number of
cases, non - Governmental organizations in the investigation work.
The autonomy of the Commission derives, inter-alia, from the method of
appointing its Chairperson and Members, their fixity of tenure, and
statutory guarantees thereto, the status they have been accorded and the
manner in which the staff responsible to the Commission - including its
investigative agency - will be appointed and conduct themselves. The

financial autonomy of the Commission is spelt out in Section 32 of the

Act.
The Chairperson and Members of the Commission are appointed by the
President on the basis of recommendations of a Committee comprising the
Prime Minister as the Chairperson, the Speaker of Lok Sabha, the Home
Minister, the leaders of the opposition in the Lok Sabha and Rajya Sabha
and the Deputy Chairman of the Rajya Sabha as Members.
Reason for CJI as NHRC Chairperson
Reasons for making a former CJI chairperson of NHRC are1.
Well known interpreter of constitution and executive decisions
2.
Free from political influences due to his service in judiciary
3.
Respectable integrity
4.
As per India's international commitments and NHRC Act, it is a
statutory requirement that the post of NHRC chairperson be filled by a
former
CJI.

Limitations of NHRC:
NHRC's recommendations are not binding
NHRC cannot penalise authorities who do not implement its orders
JK is out of its jurisdiction
NHRC jurisdiction does not cover human right violations by private
parties
3/5 are judges, leading to more judicial touch to its functioning
2/5 are also not Human Right experts. Political appointments.
Time limit is set to 1 year i.e. NHRC cannot entertain ca case older
than 1 year
Limited jurisdiction over violation by armed forces
Act does not extend to J&K
Practical Limitations:
Vacancies are not filled on time. Most human rights commissions are
functioning withless than the prescribed Members
Fund crunch
Overload and backlog. Too many complaints. Hence, in recent days,
NHRC is finding it difficult to address the increasing number of
complaints
Bureaucratic style of functioning
Why a former Chief Justice of India is made the chairperson of the
National Human Rights Commission (NHRC)? In the light of recent
events where human rights have been violated, it is argued that
there is a need to reform NHRC to address such violations.
Critically
comment.
(200
Words)
NITI AYOG

Aim

of

the

NITI

Aayog:

To foster involvement and participation in the economic policy-making

process by state governments of India, a bottom-up approach in
contrast to the Planning Commissions tradition of top-down decisionmaking.
The

Aayog

will

comprise

the

following:

Prime Minister of India as the Chairperson

Governing Council comprising the Chief Ministers of all the States
and Lt. Governors of Union Territories
Regional Councils will be formed to address specific issues and
contingencies impacting more than one state or a region. These will be
formed for a specified tenure. The Regional Councils will be convened by
the Prime Minister and will comprise of the Chief Ministers of States and
Lt. Governors of Union Territories in the region. These will be chaired by
the Chairperson of the NITI Aayog or his nominee.
Experts, specialists and practitioners with relevant domain
knowledge as special invitees nominated by the Prime Minister
The

NITI

full-time

organizational

framework

will

comprise

of:

The Prime Minister as the Chairperson

Vice-Chairperson: To be appointed by the Prime Minister
Members: Full-time
Part-time members: Maximum of 2 from leading universities
research organizations and other relevant institutions in an ex-officio
capacity. Part time members will be on a rotational basis.
Ex Officio members: Maximum of 4 members of the Union Council of
Ministers to be nominated by the Prime Minister.
Chief Executive Officer : To be appointed by the Prime Minister for a
fixed tenure, in the rank of Secretary to the Government of India.
Systemic manoeuvre by the Union government towards
centralization in the post 1967 period lead to political distortions
and federal tensions. What features in the Indian polity strain the
federal relations between centre and states? How is the NITI
AAYOG aimed to balance the wheel of fiscal federalism? Examine.
(200 Words)
The Indian federalism model of indestructible union with destructible
states necessarily has a unitary bias due to the background and
circumstances under which India achieved independence. Hence in many
cases the Centre appears to overwhelm the authorities and the realms of
the
states.

However, increasing centralization created tensions, more so because of

the emergence of regional parties and dilution in the one-party union or
coalition politics. The strains in relations can be attributed to

Centralized planning without much involvement of states

Rigid allocation of revenue to states
No say in international treaties involving the resources of the states
No fiscal autonomy
Other features like creation of new states, development of backward
regions
etc.
The formation of the NITI Aayog appears to be a step in the right direction
which will be able to ease the tensions in fiscal federalism . It is
envisaged to move from a one size fits all approach to "co-operative
federalism".
The following functions assigned to NITI Aayog which will help in fiscal
federalism
are
:

Increased participation of states in planning process

Formation of regional councils to look after specific state issues
The governing council will include CMs of all states and LGs of UTs.
Will look after Monitoring and feedback. Midway course correction, if
needed.
However, the source of real change will be changes in the way in which
Central transfers are made to the States. This has to be done in ways that
increase the flexibility and control of the States, but at the same time,
increase their accountability. Simplicity, timeliness, transparency,
monitoring and evaluation of Centre State transfers-all need
improvement.
Without these fundamental changes, new think tanks, or claims of
cooperative federalism, will not make a difference to Indias economic
development
Do you think the new thrust on cooperative federalism in the
functioning of newly constituted Niti Aayog will only slow down
the pace of schemes and projects due to various demands by
states, political differences and tensions between states and
centre? Critically comment. (200 Words)
The recently constituted NITI Aayog is seen as a remedy against the
centralist attitude of the previous Planning Commission, which had no
aspect of federalism in it, due to absence of representatives of states.

The body as a whole consists of various regional councils under it,

which will undertake the process of formulations of policies, after

assessing

the

needs

of

each

region.

Due to this, there is a great possibility of conflict between different

regions, in order to get more resources for their own states for more
development, which can lead to more cumbersome procedures to be
followed,
as
compared
to
the
PCs
methods.

But this will be far better in the long run, as PCs method was
discretionary to some extent, which is unacceptable in a federal country.

It is better to allocate more time to planning in the initial processes,

rather than facing the consequences of hastily formulated policies, which
may play havoc with the political, economic and social aspects of the
country.

NITI Aayog provides a common platform to all states to voice their

concerns, regarding their disputes with one another and with the centre
government, and find a pragmatic solution through consensus, for the
benefit
of
all.
So, even though it may take a far greater time to formulate policies or
resolve disputes
in the new body, there is assurance of benefits in the long run, due to the
democratic
procedure to be followed in the resolution of concerns of respective
states.
Some argue that the newly formed Niti Aayog will in fact result in
more centralization of power and will end even the small say
states had in policy matters during the Planning Commission era.
Do you agree with this assessment? Critically examine. (200
Words)
Abolishing Planning Commission and formation of NITI Aayog was seen
both hope and despair. The reason of despair was, some believed it would
lead
to
more
centralization
by:

1.

Being only a think-tank, resource allocation will be handled by

finance ministry, where no say of states is present.
2.
Abolition of National Development Council- where plan document
used to passed by consensus. The new aayog will only be a formal
deliberative body.
3.
Due to immense discretion in fund allocation, small states,
backward states, conflict ridden states or states ruled by parties other
than
central
party
may
not
get
a
fair
deal.
But the repeated emphasis of the PM on decentralization and the outcome
of first meeting of this body should put some of these concerns to rest.,
such
as:

1.

Three sub-groups of CMs have been constituted to revamp CSS, for

skill development and for Swachh Bharat.
2.
Discussion on reducing the number of CSS or even completely doing
away with them.
3.
Special task forces in each state to alleviate poverty and funding
infrastructure projects.
In addition to this centre has promised more funds to states based on the
idea of competitive federalism. Thus the decentralization, promise for
more fund allocation to states and assigning the CMs the duty of solving
the issues of CSS, skill development etc.
certainly generate hope. Continuance of this principle in future will help us
realize cooperative federalism in spirit
Compare and contrast the composition and objectives of newly
setup National Institution for Transforming India (NITI) Aayog
with that of erstwhile Planning Commission. Some suggest that it
is better to reform existing institutions than creating new ones to
transform India. Comment on this suggestion. (200 Words)
The cabinet resolution similar to one that laid the foundation of PC in 1950
has led to the
formation of National Institution for Transforming India (NITI) Aayog with
the objective to evolve a shared vision of national developmental
priorities, sectors and strategies.
It aims at developing the overall planning strategy with the bottom up
approach compared with the top down approach followed by the PC.
The new think tank has a different structure than the PC in respect of the
following:
1.
The Aayog will have a Vice-Chairperson to be appointed by PM
instead of the Deputy Chairperson.
2.
The Aayog would have two levels of councils, governing councils of
CM's of the states and LG's of UT's. It would also have a regional council
for issue specific objectives.
3.
The Aayog would also have experts from relevant institutions on a
part time basis as compared to the eight full time members.
4.
The Union ministers have been retained as the ex-officio members
as were in the PC.
5.
The Aayog would also have a CEO to be appointed for a fixed tenure
in the rank of secretary.
6.
The Aayog might have a separate secretariat as the need arises.
7.
Subject experts, practitioners and others would also be nominated
from time to time by the PM.
The need of the hour is to bring about a systemic change and not just a
structural change. What is now required is a change in the culture of

planning. The PC was conceived as a knowledge bank and think tank,

which was supposed to act as a repository of the domain knowledge and
specialised skills in different subject domains. But the focus shifted from
functions like perspective planning, project policy analysis, program
implementation to power centric functions like approval of schemes,
resource outlay and the like.
This reflects the chronic malaise afflicting the planning commission. Hence
it would sometimes become imperative to rebuild the institutions with
fresh set of objectives and related support structure in place of restructuring. But it is equally important that the Aayog learns from the
practical experiences of the PC which has to a great extent been
successful in carrying out its objectives in the past.
PRESS COUNCIL OF INDIA

13/04/2016
The Press Council of India is astatutory bodyin India that governs the
conduct of the print media.

Presently, the Council functions under thePress Council Act

1978which arose from the recommendations of the Second Press
Commission of India (1978).

The Press Council is a quasi-judicial body which acts as a

watchdog of the press. It adjudicates the complaints against and by the
press for violation of ethics and for violation of the freedom of the press
respectively.
SECURITIES APPELLATE TRIBUNAL

Securities Appellate Tribunal is a statutory body established

under the provisions of Section 15K of the Securities and Exchange
Board of India Act, 1992
Its task is to hear and dispose of appeals against orders
passed by the Securities and Exchange Board of India or by an
adjudicating officer under the Act
It also exercise jurisdiction, powers and authority conferred on
the Tribunal by or under this Act or any other law for the time being
in force.
It covers the whole of India.
Why in news? It quashed a SEBI order for giving different
punishment to different companies for same offence.

SHRC

19/04/2016
Issue:
The Centre has told the Supreme Court that Delhi cannot have a State
Human Rights Commission as it is a Union Territory and not a State. It

says, Delhi has to continue without an SHRC until Parliament amends the
law."
Basics:
TheProtection of Human Rights Act of 1993provides for the creation of
not only the National Human Rights Commission but also a State Human
Rights Commission at the state level.
Jurisdiction:
A State Human Rights Commission can inquire into violation of human
rights only in respect of subjects mentioned in the State List (List-II) and
the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
However, if any such case is already being inquired into by the National
Human Rights Commission or any other Statutory Commission, then the
State Human Rights Commission does not inquire into that case.

Composition:
The State Human Rights Commission is a multi-member body
consisting of a chairperson and two members.
The chairperson should be a retired Chief Justice of a High Court and
members should be a serving or retired judge of a High Court or a
District Judge in the state with a minimum of seven years of experience
as District Judge and a person having knowledge or practical experience
with respect to human rights.
The chairperson and members are appointed by the Governor on
the recommendations of a committee consisting of the chief minister as
its head, the speaker of the Legislative Assembly, the state home
minister and the leader of the opposition in the Legislative Assembly.
In the case of a state having Legislative Council, the chairman of the
Council and the leader of the opposition in the Council would also be the
members of the committee.
A sitting judge of a High Court or a sitting District Judge can be
appointed only after consultation with the Chief Justice of the High Court
of the concerned state.

Term:

The chairperson and members hold office for a term of five years or
until they attain the age of 70 years, whichever is earlier.

After their tenure, the chairperson and members are not eligible for
further employment under a state government or the Central
government.
Appointment and Removal:

Although the chairperson and members of a State Human Rights

Commission are appointed by the governor, they can be removed only
by the President (and not by the governor).

The President can remove them on the same grounds and in the
same manner as he can remove the chairperson or a member of the
National Human Rights Commission.

SOCIAL JUSTICE
NGO
CIVIL SOCIETY

Civil societies act as a watchdog of democracy. Its a plural discourse

contributing immensely in development activities. Growth of modern state
and democracy led to a gradual emergence of civil society which includes
NGOs, unions & associations. Civil society has played a crucial role in
ensuring effective governance, transparency & social betterment in
modern states; thorough agitations, PILs, spreading awareness, relief work
etc. Examples of few are-ecological justice and environment protection
e.g. Mazdoor kisan Shakti Sangathan in Rajasthan helped farmers
during drought condition, Pragya is an NGO in Gurgaon working to
educate communities in India and Nepal on the nature of climatic
changes and need for adaptation to ecological change by introducing
suitable
changes
in
agriculture
and
other
resources.
Then NGO run by Tata group and Jagrati Sasthan in up runs an annual
train journey to improve community standard and quality of life. Tata
group runs NGO for educating children up to 14 yes of age. The focus of
civil society have increased towards woman rights, education, health e.g.
Jwala
NGO
in
Andhra
Pradesh
etc.
Some

contributions

of

civil

society:

1.

Actively promoted education and skill development among

downtrodden sections of society particularly in backward regions of our
country.
2.
Fought for rights of minorities; Naaz foundation for Transgender.
3.
Stood for transparency to ensure a better democracy; Anna Hazare
movement for RTI.
Criticism:
1.
Recently decades have seen a spurt in civil society organizations
across the country; Many of them do not server the larger interests of
society such as lobbying for industrial groups or foreign nations by
advocating a policy.
2.
Most do not file annual returns on a regular basis; their funding
sources are often remaining disclosed or shady.
3.
Many of them receive substantial foreign funding; but how they
spend such funding often remains behind curtains.
4.
Some CSOs such as Greenpeace have accused by state agencies
such as IB for instigating villages in vicinity against developmental
projects such as POSOCO steel in Orissa; this ate up 2-3% of our GDP.

As far as funds are concerned that needs more transparency and

accountability so that it becomes fully infallible and its objection to certain
projects they oppose may or may not be fair; it depends on the purpose.
E.g. setting nuclear plant, AFSPA issue which are fair still certain projects
may be diverted for profit i.e. term of corruption or nepotism.
In your opinion, how should civil society conduct itself in a
country like India? Do you think the state should have a say in the
conduct of civil society? Critically comment. (200 Words)
Critically analyse the role and contribution of civil society to
developmental activities in the country. Do you think some of the
criticisms directed towards them regarding source of their funds
and their opposition to certain projects, is fair? Comment. (200
Words)
EXAMPLES OF NGO

20/04/2016
Prathams flagship program, Read India, aims to improve the reading,
writing and basic arithmetic skills of children between 6-14 years
NGO

Its been proposed that an autonomous accreditation authority

National Accreditation Council of India or NACI and a mechanism
to rate NGOs should be set up to address some of the crucial
issues related to functioning of NGOs. Critically examine the
merits and demerits of implementing these proposals, especially
in India. (200 Words)

Recently, several NGOs have been accused of not understanding the

peoples plight, as the members are themselves are from well off
sections of society, and also that, some NGOs are not doing any real
work on ground, besides only creating unrest in public order.

To counter this situation, the govt has decided to form an

accreditation forum, so to rank them according to the work done, so as
to ease the choices of donators, who will then donate to the better
ranked
NGOs.

Merits:
It will lead to an increase in investor confidence and
betterment of public perception.
o
The deserving NGOs will get formal recognition for the work
done on ground, which will help in motivating them even further.
o
The NGOs will be able to compete with political parties, who
claim to have a better platform, as the reputed NGOs will also be able
o

to obtain adequate funds from the govt, thus removing the problem of
fund shortage, and they will also be at a stage to demand a say in
policies regarding social initiatives.
o
The govt would be able to outsource their work of social
impact assessment of any public policy to reputed NGOs, and save
the time of govt depts., avoiding the unnecessary delays in execution
stage.

Demerits:
o
It will not be able to adequately rank the NGOs, which have
intangible results of their activities, like those only campaigning to
remove a social evil from a society. The ranking agency will not be
able to link the actual achievements on ground with their activities.
o
It may lead to the autonomy of only some of the NGOs due to
large fund availability, which will demotivate the other organisations,
even if they are doing an equal amount of hard work.
o
The list can be politically motivated too, to provide credence
to
a
particular
NGO.

In the past, a body called NACI was made for this purpose, which
only reached up to the stage of preparing a document enlisting all
NGOs.

In India, such a ranking system can be helpful, as they can serve as

a nice supplement to the efforts of the central govt. and it will help in
bringing
recognition
to
the
worthy
NGOs.

But also other NGOs should be equally motivated to work harder

and help in making the nation, a better society.
Looking at recent controversies regarding the functioning and
funding of NGOs in India, do you think internet and
communication tools can reform them in this regard? Critically
examine. (200 Words)
According to the report of Central Bureau of Investigation's recent report,
there are around 3.1 million NGOs in India with only 10 percent of them
filing Income Tax returns and submitting Balance sheets. This clearly
indicates shoddy working NGOs which are seen with suspicious eyes by
the government. The government also recently banned some international
NGOs owing to their non-compliance to Foreign Contribution Regulation
Act.
This clearly dictates more transparency and accountability in working of
the NGOs in India. Internet and communication tools (ICTs) can a long way
in bridging this gap. The online sharing of their compliances, sources of
funding etc. can prove to be beneficial not only from security point of view
but can also acts as a quick guide to donors before donating to them.

On the negative side, ICTs would increase cost input of NGOs and they
would require more technically competent staff for the same. The cost
compliance would come from their capital earmarked for development
work. Also, due to insufficient infrastructure facilities like internet in
remote locations which are often working bases of many NGOs may
impose some problem.
ICTs have a huge potential and when used by NGOs can definitely bring in
more transparency in their functioning and funding. This will also bring
more confidence from the government, donors and society in general.
Critically comment on the recent changes in the rules governing
foreign funding of NGOs under the Foreign Contribution
Regulation Act (FCRA). (200 Words)
Recently, many NGOs like Greenpeace, Ford Foundation, Gates
foundation, Sabrang etc have found themselves on the wrong side of
Foreign contribution regulation act (FCRA). FCRA is legislated to monitor
the flow of foreign currency to NGOs , as to check whether any foreign
influence is used to do activities which are detrimental to national
Interest. Some of its provisions include:
1.
2.
3.
4.

Registration of all NGOs receiving foreign funds with government

Routing of foreign funding through designated bank
Submitting report of foreign contribution within 30 days
Limiting the administrative expense to 50% for foreign funds.

In recent times there is an apprehension, that by invoking FCRA, the

government is trying to stifle the voice of the NGO and civil society. Also
political parties do receive, allegedly, large donations from vested
interests in foreign as is being made out from their reluctance to follow
CICs order to comply with the RTI. World Bank, UN agencies are exempt
from FCRA but their contribution goes directly to the government and
mostly the bureaucrats who benefit from deputation periods. FDI norms
are relaxed for various sectors but rules made tougher for NGOs.
Foreign funding should always be monitored carefully to prevent misuse,
but opting to put a blanket ban, undermines the democratic ethos and
freedom of speech in India. Efforts should be made to bridge the trust
deficit between government and civil society
Do you think NGOs should be treated on par with private
companies, especially when it comes to foreign funding? In the
light of India's curbs on foreign funding for certain NGOs,
critically comment. (200 Words)

Civil society forms an important part of today's Good Governance

paradigm, it seeks to bridge divides between state and its subjects by
playing an important role in each stage of public policy formulation and
implementation.
Government of India has targeted various NGOs like Greenpeace, Ford
Foundation alleging that they have played an obstructionist role in
development with the funds sourced from abroad. This has led to actions
like cancellation of their registration, freezing accounts and keeping them
on watch list.
1.

As private companies lobby for govt policies (like subsidies,

exemptions) favourable for themselves, NGOs too lobby but for interests
of illiterate and unrepresented sections of society.
2.
Although govt has the final say in every decision, NGOs can only
highlight the hitherto ignored impact of big-ticket projects.
3.
While foreign funding in case of companies is generally welcomed
with a red carpet, discouraging it for NGOs will stifle voluntary efforts for
education, health, social reforms, upliftment of vulnerable sections.
4.
Considerable development-led displacement has caused peasants
movements to be given proper shape and platform to interact with govt.
This is not to deny that some NGOs do promote vested interests.
However, the right way would be to:
1.
Regulate activities of NGOs periodically under provisions of Foreign
Contributions (Regulation) Act
2.
Strictly enforce submission of annual account statements to the
govt similar to listed cos submitting annual reports to Stock Exchanges
3.
Providing adequate hearing to NGOs against whom allegations may
be made.
Govt has to conclusively prove the charges that are levelled against
them. Outright ban citing the excuse of ubiquitous "foreign hand" is a
common feature of authoritarian regimes, not democratic polities like
India.
Some parts of Southern India have witnessed major protests
against setting up of beverage plants in the vicinity of
agricultural lands. Critically examine why and comment if such
protests can be called as anti development. (200 Words)
Industrialization is usually good for the country as it results in providing
improved services along with creating employment opportunities.
However it becomes matter of concern when industries start exploiting
natural resources at a rapid pace having an adverse impact on the local
population. On the similar concerns major protests were witnessed against
setting up of beverage plants in the vicinity of agricultural lands in South
India.

Reasons for these protests include:

1.
Beverage plants once in operation will use around 1 lakh litres of
water per day which will be sourced from either ground water or rivers
which are also sources of water for agricultural sector. This tremendous
usage of water will put burden on the already stressed water resources
and will have a devastating impact on the agricultural sector in the long
run. Also South India grows some water intensive crops like rice therefore
the impact will be intense. This can result in not only decrease in
production but productivity of the agriculture which will hit earning of the
farmers.
2.
Further huge amount of waste will be generated by the industry is
another matter of concern. With no effective dumping strategy on
bypassing the laws companies usually dump the waste in close vicinity
or rivers which will pollute the environment. Polluted water from rivers
when used in agriculture will have devastating results on production as
well as quality of the crops.
3.
There is huge amount of plastic being used in the beverage industry
which will also result in waste generation and if this plastic waste if
dumped on the agricultural lands will affect soil health adversely. With
already stressed health of the soils in the country this will present
additional burden for the sector.
As development is done for the benefit of the country is general and
society in particular but it causes apprehensions when it is not inclusive
and it is done at the cost of other sectors like agriculture. And in a sector
like agriculture where half the country's population is engaged any steps
to protect the sector cannot be termed as anti-developmental.
In this perspective it would have been better to select the locations for the
industries near to water sources in areas where water sources are not
under stress. Further better communication with the local populace about
the plans of the industry keeping both local and environmental needs in
notice and about the benefits of the industry would have helped. Also
adding Corporate Sector responsibility works in the fields of agriculture
will further help in easing the operations for the industry.
In the light of recent issues related to NGOs, critically examine
their role in development processes. Do you think the
government should keep itself completely away from the
activities of NGOs which are involved in developmental activities?
Critically comment. (200 Words)
SHG

Facts:

Researchers find that womans groups, practising participatory

learning and action in settings as varied as Bangladesh, India, Malawi,

and Nepal, showed a 49 per cent reduction in maternal mortality

and a 33 per cent reduction in neonatal mortality.
Reserve Bank of India (RBI) has asked banks to provide loans up to
Rs 3 lakh at 7 per cent interest rate to Women Self-Help Group (SHG)
under NRLM-Ajeevika scheme
Examples of successful SHGs:
SEWA : Self Employed Women Association. It started in Gujarat in 1972
and has grown into a full blown movement. Women produces items like
papads, pickels etc.

HEALTH
AYUSH

What is AYUSH?
AYUSH is an acronym that is used to refer to the non-allopathic medical
systems in India. It includes the Indian medical system of Ayurveda, Yoga,
Unani, Siddha, and also Homeopathy.
Why in news?
Government has decided to promote AYUSH internationally just as it did
with Yoga

How is it being popularized internationally?

Ministry of External Affairs will send groups of AYUSH experts who
will help set up departments of AYUSH in major universities of the
member countries of U.N.
A group of experts will include teachers, practitioners and
demonstrators who will further train first generation teachers and
students in other countries.
To begin with, Iraq, Columbia and Reunion Island have agreed to
host the AYUSH experts and three groups of such experts will be sent to
these countries.
The first phase of this project aims at involving 12 more U.N
member countries apart from Iraq, Columbia and Reunion Island.
To bring research onAyurvedic drugsand formulations closer to
practices in Western medicine, the Indian Council of Medical Research
has released a set of guidelines concerning standards that must be
adhered to in testing medicines from AYUSH (Ayurveda, Yoga, Unani,
Siddha and Homeopathy) schools
CANCER

The incidence of cancer has grown over the last decade in India
due to various factors. Examine the causes of raising rate of
cancer in India and critically examine what efforts are being made

by

government

to

address

this

issue.

(200

Words)

Over a million die in India every year due to cancer and this number is
rising every year.
Various
factors
responsible
are:
1.

Tobacco consumption- India is home to 10% of worlds tobacco

consumption, the second largest after china. (WHO data)
2.
Pollution- most of the Indian cities are one of the most polluted
ones in the world with high concentration of carcinogenic substances
like benzene, formaldehyde, halons, lead etc in air and water.
3.
Contaminated food and water- heavy use of fertilizer, pesticide
and unpurified water contaminates our food and water. (Mercury, Lead,
Arsenic etc.)
4.
Industrial affluent- careless disposal of industrial wastes and
hazardous industrial wastes, unsafe working condition in these
industries are also contributing factors.
Steps

taken

by

government:

1.

25 regional cancer centres have been set up across country for

treatment and research on cancer.
2.
Rastriya Aarogya Nidhi provides financial assistance to poor
cancer patients.
3.
National Cancer Registry Program (NCRP) by Indian Council of
Medical Research (ICMR) keeps tracks on the statistics of cancer cases.
4.
To spread awareness many steps such as mandatory statutory
warning in cigarette packets, disclaimer in movies etc. have been
initiated.
But in the face of rising cancer cases, a separate program should be
chalked out to
deal with cancer from awareness, diagnosis to treatment.
Do you think measures taken by union and state governments to
control tobacco consumption are adequate in fighting cancer?
Critically comment. (200 Words)

Present Measures Adopted

Increasing pictorial warning to 65% of areas from present 40%
COTPA also bans the smoking in public places
Differential taxes on basis on length of Cigarettes
Ban of sale of gutka, jarda in States Punjab etc.
Awareness campaign through print ,electronic media

Issues in present approach

Pictorial 65% is inadequate when compared to parliamentary

committee suggestion of 90% and previous decision for 85% [60 image
+ 25 text]

Taxes imposed have become more a revenue to state rather

discouragement
Ineffective ban, even minors have access to Purchase of tobacco
products
Use of Scorpene in advertisement, which should be Crab instead
symbolising cancer
Textual warning are redundant as lower literacy.
Ineffective ban on Films and Shows which glamourize such
addictions
Inadequate alternate sources for tobacco cultivators
Schemes of minor forest produce Tendupatta and no Attention
towards Bidis which are as harmful as Cigarettes is Also another
impediment
Tobacco causes Health expenditure of nearly 1.1 lac crore, enough for one
more NFSA and even lower then combined health expenditure of Union
and states govt. Consensus over such important issue beyond vested
interest and in greater public importance is necessary
DIABETES
Also Read Non Communicable Disease
11/04/2016
Discuss the factors contributing to rise in prevalence of diabetes
in India, its effect on population and economy, and measures
needed to prevent this disease. (200 Words)

Diabetes is one of the most widespread diseases in the world, with no age
limit fixed for its effect to start on the body. The various reasons for its
prevalence include:
1.
Genetic susceptibility, i.e. hereditary passage of disease from one
generation to another
2.
Unhealthy lifestyle, with over consumption of junk food, with lack of
exercise
3.
Reduction in sleep also leads to type 2 diabetes, which is happening
due to the present 24x7 schedule of work
4.
Pregnant women also run the risk of attracting due to pre-natal
under nutrition
5.
Hypertension due to the stress of modern life
6.
Poverty, low education, and gender discrimination adversely affect
the marginalised societies, leading to increase in spread
Effect on population and economy
1.
Diabetes imposes a large economic burden on the national
healthcare system. Due to the physical lethargy caused by diabetes,
individuals are not able to work properly after an early age. People with
diagnosed diabetes, on average, have medical expenditures

approximately twice than what expenditures would be in the absence of

diabetes.
2.
Due to weakened immunity of the body, the organs start to
degenerate earlier as compared to a healthy individual. It adversely
affects the quality of life of the affected people with their family too.
Measures needed:
1.
Diabetes could largely be prevented by wider use of inexpensive
generic medicines, simple tests and monitoring and can be a cost saving
intervention.
2.
People should be made aware of the benefits of a healthy lifestyle
with regular exercise
3.
Regular check on the sugar level can also prevent the extent f
damage done to the body by diabetes
4.
The local hospitals should retain the data of the diabetics in the
area, and regularly check-up on the health of the patients, to help them
lead a healthy lifestyle.
DISABLED
Facts:

The literacy rate among disabled has increased to 54.5% in 2011. It

was 49.3% in 2001
Barriers for disabled in government service:
Supreme Court has asked the government to investigate the
barriers preventing disabled persons from entering government
service, especially into the higher ranks

It has observed that there is hardly any representation of disabled

persons in higher governmental hierarchy despite certain posts having
been identified as suitable for them

Steps taken in recent times:

1.
Government has started National Job Portal for differently abled. It
provides them with single window info about loans, scholarship, jobs etc.
2.
Accessibility India Campaign
3.
"Inclusiveness and Accessibility Index" has recently been launched
for private firms to evaluate the disabled friendliness of their firm and
take corrective measures.
4.
Right of Persons with Disability Bill, 2014 is still pending in
parliament. Need to be passed soon.
5.
Government launched E-Library Sugamya Pustakalaya. In this
online library books will available in accessible formats for people with
visual impairment and other print disabilities

Laws regarding disabled:

The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 was enacted to fulfil India's

obligations under the Proclamation on the Full Participation and Equality

of the People with Disabilities in the Asia and Pacific Region.
Under the act, the states obligation is to provide them at least
three per cent reservation in public sector jobs.
Why in news?
SC quashed the central governments orders on restricting reservation for
the differently-abled in promotion to Group A and Group B posts, the
Supreme Court has ruled that 3% reservation shall be provided to them in
all posts and services under the Government of India

What government has to say?

Government cited Indira Sawhney judgement in which SC directed

that there should be no reservation in promotion in Group A and B jobs

However, the court has now ruled that Indira Sawhney verdict was
only applicable to backward communities and not the disabled
DRAFT NATIONAL HEALTH POLICY 2
Provisions

of

Draft

National

Health

Policy

2015

Proposed a target of raising public health expenditure to 2.5

% from the present 1.2% of GDP. It also notes that 40% of this would
need to come from central expenditure.
The draft policy suggests making health a fundamental right
similar to education and denial of the same could be punishable. The
Centre shall enact, after due discussion and on the request of three or
more states a National Health Rights Act, which will ensure health as
a fundamental right, whose denial will be justiciable.
Government plans to rely mostly on general taxation for
financing health care expenditure.
Creation of a health cess on the lines of education cess for raising
money needed to fund the expenditure it would entail.
While there is an intent to increase spend on health care, the draft
policy also stresses on the role of private sector. While the public
sector is to focus on preventive and secondary care services, the
document recommends contracting out services like ambulatory
care, imaging and diagnostics, tertiary care down to non-medical
services such as catering and laundry to the private sector.
assures universal access to free drugs and diagnostics in
government-run hospitals. However, it proposes to pose public health
system as pre-paid services instead of social service.

The draft document highlights the urgent need to improve

performance of health systems,

with focus on improving maternal mortality rate,

controlling infectious diseases,

tackling the growing burden of non-communicable diseases,

the

bringing down medical expenses among other things.

Step

in

Right

Direction

First step in achieving universal health coverage

Advocating health as a fundamental right whose denial will be
justifiable
Increased
government
spending
in
health
care

The Draft National Health Policy 2015 fails to tackle head-on the
core problem of the Indian health system: its management,
administration and overall governance structure. Critically
examine. (200 Words)
The draft national health policy 2015 has a vision for the long term health
strategy for the country. This health policy covers wide variety of issues
including1.
2.
3.
4.

Low public health expenditure.

Inequity in access of health services.
Poor quality of care.
No proper reach to rural areas.

This policy also provides for the recommendations to solve these problems
but the draft policy had failed to tackle the core problems of Indian health
system.
1.

Management- the management of the financial resources has been

the problem of health sector. Bangladesh and Sri Lanka, even with the
lower spending then India have resulted in better outcomes and even in
India, different states have different outcomes which have been due to
the handling of management. The proper management is key to revive
health
sector.

2.

Administration- it has been found that the effectiveness of public

health- child and infant survival, attended births, immunization coverage
and birth weight is negatively correlated with the corruption in system.
The local health administration must be robust which also effect the
nurse attendance and workers.

3.

Governance-

governance

structures

need

to

balance

a.

Responsibility- responsibility shall be fixed for the particular

services
by
government
for
its
better
functioning.

b.

Flexibility- managers/bureaucrats must have radical approach

according to situation to be flexible enough inside the regulations to
provide
better
services.

c.

Accountability- an independent board of directors can be

appointed which includes health secretary for the expansion of public
delivery in primary and preventive healthcare in India.

Thus, though a better move to provide sophisticated services in health

sector by government, these basic structures must also be taken care of
to provide make it much better.
E-HEALTH/M-HEALTH
08/04/2016
Examples:
(1). ANM Online application-ANMOL:
ANMOL is a tablet-based application that allows ANMs (Auxiliary Nurse
Midwife) to enter and updated data for beneficiaries of their jurisdiction.

This will ensure more prompt entry and updation of data as well as
improve the data quality since the data will be entered at source by
providers of health services themselves.

Since the Application is Aadhaar-enabled, it will help in

authentication of the records of field workers and beneficiaries.
(2). E-RaktKosh initiative:
It is an integrated Blood Bank Management Information System that has
been conceptualized and developed after multiple consultations with all
stakeholders. This web-based mechanism interconnects all the Blood
Banks of the State into a single network.
EXCESSIVE HEALTH CARE
16/04/2016
In 2014,the World Bank warned that Indias excessive
healthcare situation can harm patients whilst providing marginal
benefits. It is said that thepoor in India have access to surgeries
but not basic healthcare. Critically discuss the causes and
consequences of this skewed scenario. (200 Words)
The poor in India have access to surgeries but not to basic healthcare.
This is an example of excessive healthcare. India shows one of the highest
C-section ratios of 20%. Although one may perceive this as increasing
access to healthcare services, especially for the poor, the actual scenario
is different.
CAUSES:

Rampant increase in numbers of private hospitals. This is further

compounded by the underperformance of public hospitals.

Increasing insurance cover through schemes like RSBY, private

insurance leads to exploitation by private hospitals who in a bid to
extract maximum amount try to provide excessive healthcare in the

form of increase hospitalization, excessive medicines, unnecessary

surgeries.
Government health schemes are being misused. The surgeries
conducted under the National Health Mission have increased remarkably,
schemes like the Janani Shishu Suraksha have been misused to extract
money.
Improper accountability and transparency mechanisms.
Lack of awareness among rural masses who do not question medical
institutions who unhesitatingly use excessive measures

CONSEQUENCES:
Unnecessary surgeries increase the vulnerability of people involved.
Recently the uterus scam in Chhattisgarh where women below 20 were
subject to hysterectomyis an example.

It leads to increase cost of healthcare and monopoly of private

sector.

Increase burden of healthcare on government due to misuse of

schemes without any actual benefit to the people.

Worsening of healthcare indicators since the mortalities in poor are

mostly due to lack of sanitation, clean water and basic health facilities.

Thus what needs to be done is to ensure better performance of PHCs,

better monitoring and regulation of private and government hospitals to
prevent misuse of schemes, public awareness must be generated to the
effect that more medicines and surgeries do not mean better treatment.
FIGHT AGAINST HIV

13/04/2016
Centre to take control of HIV fight

As Indias HIV policy struggles with a funding crisis, the Health

Ministry in a marked departure from the Centres policy on financial
decentralisation has taken back control of the programmes funding.

After a year of experimenting with routing money through State

treasuries, the National AIDS Control Organisation (NACO)will once again
route money directly to State-level AIDS societies from this month.
HEALTH FACTS

57% of those who claimed to be allopathic doctors in 2001

did not have any medical qualification : WHO Report
India has 36 doctors per lakh population
Indians spent eight times more on private hospitals and twice
as much on transporting patients compared to costs in government
hospitals during financial year 2013-14
Indians out-of-pocket (OOP) expenditure on healthcare has
been estimated to be around Rs. 2.9 lakh crore or 69% cent of total

health expenditure (THE) in the country. This is alarmingly high and

India stands among the highest in this metric worldwide
HEALTH RELATED ISSUES

National Health Profile - 2015

Every government hospital serves estimated 61000 people in India

with one bed for every 1833 people
Every government allopathic doctor serves population of over 11000
people

High Blood pressure, high blood sugar, household air pollution from solid
fuels, unsafe water sources and smoking were the top avoidable health
risks associated with health loss and a significant amount of health burden
among Indians in both sexes. -- The Lancet
Some Progress in last decade:
(1). Safe/institutional delivery improved to about 80% in 2013-14 (JSY,
cash incentives for institutional deliveries). But regular antenatal checkups and use of Iron and folic acid tablets still remain low.
(2). Vaccination : Coverage about 80%. Still India has one of the lowest
child vaccination rates in world and lags far behind Bangladesh and Nepal.
(ASHAs and ANMs)
Low progress:
(1). Proportion of undernourished child is still around 39%. Significant
improvement, but still lots of scope.
(2). Access to safe drinking water stagnated at around 90%

Need efficient managers in health care systems - managers in India

seem better at marketing cell phones and tablets rather than setting
right an ailing health system.
80% shortfall at CHCs
1 doctor for 1200

A new study says that five billion people globally do not have
access to safe, affordable surgery and anaesthesia when they
need them. Examine the reasons and suggest what union and
state governments can do to address this issue in India. (200
Words)
Most of the poor and underdeveloped nations face the issue of lack of
access to safe and affordable surgery and anaesthesia. This is because of
various reasons:
1.

Lack of adequate number of hospitals and also the emergency

transport methods to them. The problem is more severe in rural areas of

these countries. Shortage of power is another issue for operation

theatres.
2.
Lack of adequate number and quality of trained medical staff at
these centres. Also there are shortages of medical instruments and
properly sterilized kits as was seen in recent Chhattisgarh tubectomy
incident.
3.
Often the cost of surgery is quite high for poor people who can illafford such expensive treatment. Schemes like RSBY is reported to be
misused to conduct unnecessary operation and showing inflated bills to
receive insurance.
4.
Due to such acute problems, may people die of preventable
conditions like appendicitis, delivery complications, etc. This amounts to
gross violation of their basic rights
To improve the situation, government can initiate measures:
1.

Preventive Cure Nutrition ,Sanitation Eliminating Hunger ,Ensuring

Food security is comprehensive Approach to be followed by Central and
state govt
2.
Increase investment in the Healthcare Sector from the present 1.04
% of GDP (11th plan)
3.
Universal Health Coverage scheme . Arogya siri of AP provides
universal coverage to its population.
4.
Cost of the medicine should be lowered, use of generic medicines
should be encouraged through more jan aushadhi outlets
5.
More number of medical colleges, AIIMS. Training of AYUSH doctors
in performing simple surgeries like deliveries etc as envisaged in Medical
termination of pregnancy act and is also the followed in US.
6.
Increase penetration of health insurance.
7.
Amending National Pharmaceutical Pricing Policy to make more
drugs affordable.
8.
Mobile surgery vans to rural areas to perform surgeries like that of
eyes as is happening to be increased.
9.
Making rural service compulsory for 2 years for doctors and also
provide better facilities to doctors in rural areas
10.
Provide tax relief who establish health institutions in rural and
marginalised regions.
11.
PPPs to tap the material, human and managerial resources of the
private sector for public good. Also encourage corporate social
responsibility.
The poor health of children and pregnant women in India, even
after decades of robust economic growth, is one of the worlds
most
perplexing public health issues. Critically discuss the magnitude
and
causes of this problem and why government interventions have
failed
to address this issue. (200 Words)

Women and children in India are often found to be malnourished and

suffer poor health. The graveness of the situation can be seen in the
following:
1.
2.
3.
4.
5.

A child raised in India is far more malnourished than most of the

sub-Saharan countries like Zimbabwe and Somalia
Lower body mass of mothers before conception and less weight gain
during pregnancy
Shorter and smaller children in India than in sub-Saharan Africa
90% of adolescent Indian girls are anemic
42% Indian mothers are underweight compared to 16.5% in subSaharan countries

The
1.
2.
3.
4.
5.

causes

for

this

are

multifold:

Poor status of Indian women in the family

High gender disparity in India
Poor sanitation
Growth of drug resistant infections affecting nutrition
Mothers low pre pregnancy weight

Although Govt has launched several schemes for the benefit of the
pregnant and lactating mothers, but there are several fronts on which it
has
yet
to
achieve
1.
2.
3.
4.
5.
6.
7.

India has no national guidelines for healthy weight gain during

pregnancy
High cultural discrimination against women in India
Low number of primary healthcare centres
High level of illiteracy among women
Poor transportation and connectivity in rural
High poverty and economic disparity
less availability of doctors in villages

Critically analyse some of the major issues afflicting health sector

in India. In your opinion, what solutions are required to address
these issues keeping in mind long-term objectives for the sector.
(200 Words)
The heath sector of India has mostly been a neglected field since long. In
the early years of Independence, industrial growth and development was
given much more importance as compared to human resource
development.
The trend has been almost constant since then, with the following
shortcomings:

1.

Rural areas dont have health infrastructure on par with the urban
areas, leading to higher child and maternal mortality rates there.
2.
The brand culture in medicines, where a few companies monopolise
the market, by bribing the contractors, while the cheaper versions of the
same medicine are not promoted.
3.
Lesser medical personnel's willing to work in rural areas
4.
Lesser political will towards reforms in this sector, with more
importance given to industrial economy
Such loopholes dont allow the majority of population to contribute
effectively in the nations economy, leading to a high scale loss in the
form of negative externalities.
The govt needs to give this sector an equal priority, as compared to other
infrastructural
projects:
1.

Service in the rural areas should be mandatory for all medical

graduates, for a certain amount of period.
2.
Primarily it must reorganise the health service delivery with a right
mix and distribution of preventive, promotive and rehabilitative services
to tackle contingencies with higher availability of quality health services,
developing effective referral linkage and ensuring continuity of care,
from primary to tertiary care facilities.
3.
There is a need for strengthened regulatory mechanism to oversee
quality of health service provision, in both public and private sector.
With such steps, govt can achieve a major breakthrough in the health
sector which will also help in advancing the MDG of eliminating poverty
and hunger and reducing infant and maternal mortality rates.
A new study says that five billion people globally do not have
access to safe, affordable surgery and anaesthesia when they
need them. Examine the reasons and suggest what union and
state governments can do to address this issue in India. (200
Words)
Many developing, underdeveloped nations have large population and
unequal facility
distribution. Reasons for unaffordable surgery,
unavailable anaesthesia and other failures in medical universalisation.
1.

Because of economic inequality among population in geographical

regions accessibility, availability and affordability of medical facilities
fail.
2.
Doctors/Surgeons/Medical practitioners are very short in supply as
per WHO report and this makes them to stay in urban or well-paid areas
and make surgery high cost affair.
3.
Mostly anaesthesia is in short supply. Licenses, Certification to use it
makes the process more difficult for Auxiliary trained doctors or nurses to
use them.

Suggestions for Union and State Govt to address these issues:

1.

Union Govt: Raise the number of medical college maintaining the

qualities. Have strict regulations on fees charged by these colleges.
2.
State Govt: Introduce universal insurance for medical cheap and
affordable, this will lead to private hospitals in rural areas also. Make
duty of each doctor in rural area compulsory for 2 years in their district
rural areas in every 10 years.
3.
State Govt: Make staying facilities for doctors, surgeons in rural
areas better so that doctors will go there. Provide ambulance service for
each tehsil or nodal agency so that any complicated case can be taken to
district hospital.
Health is universal right for every human and failure to provide this is
failure of state. Hence, Govt must provide affordable health care at short
distance to everyone.
Supply of healthcare in India is among the lowest in the world on
a per capita basis and both the government and private
healthcare service haven't reached the masses. Examine why and
suggest what government should do to make affordable
healthcare facilities available to all. (200 Words)
Healthcare in India suffers from serious handicaps, whether it be in
access, equity or quality. Though govt programs like NRHM and JSY have
shown considerable success, the overall scenario remains bleak due to the
following reasons:
1.
Insufficient penetration of PHCs and UHCs: There is an urgent need
to expand the primary healthcare services to cover the remotest parts of
the country.
2.
Insufficient human resource: The doctor to patient ratio is low in
India. Also, the network of ASHAs and ANMs is limited to certain regions.
3.
Funding and infrastructure: Only 1.3% of GDP is spent on
healthcare, while in advanced economies this % is about 4-7%.
4.
Lack of trust in public sector: Even though the recruitment
standards to govt services is often more stringent than the private
sector, people have a perception that they'll get better delivery in
private sector.
5.
There is hardly any focus on Non Communicable diseases, which are
growing more because of urban lifestyles.
6.
PPP models in this sector have failed up till now.
7.
Doctors in public hospitals are highly irregular and usually have their
private practice.
8.
High import duties on imported high-end medical equipment. Also,
govt charge higher electricity tariffs on hospitals as they use high end
equipment than heavy industries. Yet, hospitals are required to provide
affordable treatment. This paradox should be corrected.

9.

The private sector is often non-accessible, costly and is the only

provider of secondary and tertiary services. It accounts for nearly 70% of
out of pocket spending.

The 12th plan document lays down a comprehensive roadmap to achieve

UHC, which includes cashless delivery of services to all and leveraging the
capabilities of the private sector to achieve this target. Progress first
needs to be made in public infra, the opening of more medical colleges
and super specialty hospitals-and intertwining this with the placement of
right human resource (doctors, nurses, ANMs etc.) and putting in
mechanisms for accountability of delivery. Use of tele-medicine can help
reach remote populations. Generic medicines can make it more affordable
to people.
Promotion to AYUSH doctors in PHCs is a welcome step. Insurance
penetration should also be focussed.
ICDS

Integrated child development scheme (ICDS) helps provide health and

related facilities to children from mother's womb (pre-natal) till 6 years
age, in an integrated way. It provides- Immunisation, nutritional food,
referral services, non-formal preschool education, health check-ups,
training of pregnant and nursing mothers for better child rearing.
ICDS has helped India curb its maternal mortality rate (to 190) and infant
mortality rate (to 44). It covers approximately 7.6 million pregnant women
and lactating mothers and around 36 million children less than six years of
age.
It provides supplementary nutrition like egg, dal etc. therefore good for
development of children. Anganwadi enables children to inculcate school
going habit. mothers are also taken care off well and are taught how to
take care of their children.
Underweight children - 42% (2004-05) to 29%(2013-14)
Stunted children - 48%(20014-05) to 29%(2013-14)
However, based on individual focus, a few states like Kerala and Odisha
have done better than other states like M.P, Bihar and Rajasthan.
Underweight adolescent girls - 47%(2004-05) to 53%(2013-14).
Though immunization activities under ICDS have appreciable and its
coverage has increased many folds since inception, there are issues 1.
Lack of basic amenities and infrastructure and low pay to
AWW/AWH- Many Anganwadi centres do not have proper infrastructure
including clean water and proper space. Continuance of low stagnated
wages to AWW/AWH does not help either.
2.
Lack of awareness and education - It has been a major stumbling
block especially in rural areas. It has led to less than expected coverage.

3.
4.

5.
6.
7.

Budget cuts - Severe budget cuts for ICDS ( including the recent cut
of nearly 50%) has left the scheme in tatters.
Lack of state's institutional support and outsourcing to private
players- In many states, a couple of constituents of the scheme
(including nutritional related requirements ) have been outsourced to
private players, leading to issues of ineffective implementation.
Little focus on pre-school formal education, health education and
nutrition While other parts of scheme have been given adequate
attention, these remain to be largely ignored.
Corruption is rampant wrt allocation of funds.Funds should be put
directly in accounts of aww and panchayat so cdpos will not be able to
take their share
No proper mechanism to utilize left over money. This should be
checked

Critically evaluate the performance of the Integrated Child

Development Services (ICDS) scheme in Indian states and
examine
the challenges faced by the scheme in meeting its objectives.
(200
Words)
ISCHEMIC HEART DISEASE

According to a study, ischemic heart disease is emerging as the

main health problem in India. Critically examine its nature, causes
and
consequences.
(200
Words)
Ischemic heart disease relates to insufficient supply of blood to the heart
which is due to obstruction of the inflow of blood to the heart by the
narrowing of arteries or due to some disease. There has been an increase
in the number of cases of heart related illness in India in the last few years
which is a worrying sign. A lot of young adults are now getting victims of
heart related disease which earlier was confined to the elder generation.
The

possible

causes

of

this

trend

can

be:

1.

Diet related: The changing pattern of eating is related to heart

diseases. Consuming more oil and trans-fat containing foods, neglecting
vegetables, fruits in the diet makes people vulnerable.
2.
Smoking and alcohol: more people are getting addicted to smoking
and alcohol which increase the chances of heart diseases.
3.
Lack of exercise: Neglecting physical exercise, using motor vehicles
for commuting makes the body weak and prone to illness
4.
Lifestyle: excessive work and personal stress weakens the heart and
makes people ill.
The

consequences

of

this

trend

are:

1.
2.

Loss of health
Loss of productive time which could have been spent for fruitful
work
3.
Increased expenditure on medical treatments
4.
India losing out on its health demographic dividend
5.
The family members also get mentally affected if someone gets sick
which
affects
their
productivity
We need to have a balance lifestyle and manage our daily affairs in a
naturalistic way in order to save ourselves from such an illness. Regular
exercise and healthy diet can help us in preventing heart diseases.
LEPROSY

Facts:
India is home to largest number of leprosy patients
Leprosy patients cannot run for elections
Leprosy patients cannot obtain driving license
According to National Leprosy Eradication Programme (NLEP), a
centrally-sponsored scheme, India achieved the goal of elimination of
leprosy as a public health problem, defined as less than 1 case per
10,000 population till December, 2005
Leprosy Case Detection Campaign
Launched to eradicate leprosy
Teams will undertake door-to-door visits to detect leprosy cases
It is alleged that, India, which is home to largest number of
leprosy patients in the world has discriminatory policies against
these
patients.
Critically
examine.
(200
Words)

Although the incidents of leprosy in India have been reducing

continuously, the country was still seen to have largest number of
leprosy patients in 2014.
Various hospitals and schemes have been launched to further
slowdown the spread and eventually completely eradicate the disease
from the country; still there is no environment of sympathy for these
patients in the country, both in society and in the administrative
structure.
There are several laws containing discriminatory policies against
leprosy victims, like, prohibition of leprosy patients from standing in
elections. Such laws have been supported by the central govt. and
ratified in several judgements of SC.
Other laws include the Motor Vehicle Act of 1939 which restricts
leprosy patients from obtaining a driving license and the Indian Rail Act
of 1990 which prohibits leprosy patients from traveling by train.
Many of such laws have been formulated before the Multi Drug
Therapy came into being, and they have not been updated since. For

example, leprosy is still considered as a legitimate ground for divorce,

according to some of the marriage acts, which declares leprosy
incurable. Such laws do not reflect the current status of medical science
against leprosy.
The need of the hour is to update such old acts, according to the
present scenario. Also, there is a need to make people aware of the facts
of leprosy and the treatment available for it.
National Leprosy Education Programme of 1985, should be given
more funds, so as to diversify its activities and cure more people, and
help in making India a leprosy free country.

It is hoped that the Law Commission of Indias 256th Report,

Eliminating Discrimination against Persons Affected by Leprosy,
will initiate a new chapter in Indias fight against leprosy.
Examine. (200 Words)
Leprosy is one of the oldest diseases known to mankind. Despite the
advancements made by science and technology, this curable disease
remains misunderstood and dreaded. India is home to the largest number
of new leprosy cases globally. The stigma attached with it, causes the
victims to suffer discrimination and ignominy. Such discrimination is
perpetuated not just by the society but also by several Indian laws. It is
against this background that the Law Commission Report makes several
recommendations to fight the social stigma associated with leprosy. These
include:
1.
2.
3.
4.
5.

The need to repeal provisions of laws including personal laws which

discriminate on grounds of leprosy.
Stop the official use of the word leper.
Amendment of the Persons with Disabilities Act to broaden the
definition of disability to include all categories of person affected by
leprosy.
There is a commendable change in treatment opportunities after the
advent of multi drug therapy. The archaic laws should be readjusted to
meet the new environment.
Enactment of a legislation that promotes the inclusion of persons
affected by leprosy and their family members through affirmative action.
Such legislation should provide for measures against discrimination, land
rights over leprosy colonies, right to employment and educational
opportunities.

Broadly, these recommendations, which are based on constitutional

values of equality and dignity, are a step in the right direction. But some
may be controversial. For e.g., the suggestion that persons living in
leprosy colonies need to be granted title of the property in their
possession. But this will only perpetuate isolation as these colonies are
the sites of discrimination and leave its residents segregated from the rest
of the society. If such concerns are adequately addressed, then the report

is

forward

looking

and

progressive.

LIFE EXPECTANCY

What do you understand by Life Expectancy? Based on recent

data, analyse life expectancy trends for men and women in India.
(200
Words)
Life expectancy refers to the perceived life longevity of a person, based on
their living conditions, family history and other external factors, which can
change while migrating from one place to another (like access to health
facilities, etc.) The life expectancy has made a steady progress. It
increased from a no in 30s after independence to around 66 as per the
2011
census.
1.

2.
3.
4.
5.

Historically, women have lived longer than men, due to various

biological and psychological advantages. But due to the recent change in
lifestyle of women, when they are trying to balance home and work life,
they are also suffering from, what were once categorised as mens
diseases.
Due to such observations, it has been seen that the life expectancy
gap has decreased considerably decreased between both genders.
Also, the life expectancy is increasing for both, in old age, due to the
increased medical facilities, in most countries, which has led to a
decrease in death rate, with the financially pronounced living longer.
But taking account of the prevalent patriarchal traditions in India, it
has been seen that life expectancy of females is low in rural areas.
Regional Change - Unsurprisingly, states like Kerala which, in spite
of lower economic growth, spend the most on social security schemes
fare the best. At the same time even the richer states like Gujarat, where
public expenditure is less, lag behind.

MALARIA

07/02/2016
Government plans to eliminate malaria by 2030
Some Facts:

It endangers 1 in every 6 Indian

costing the economy $2 billion in lost productivity each year

routinely pulls children out of school,

plunges countless families into crushing debt, and

leads to agonising, expensive death

Issues:

Official statistics are wrong. They show that only 300 people
died of malaria last year while independent studies claim that
number to be 50,000

It leads to broken malaria control program

Threadbare and chronically understaffed clinics often turn sick
patients away or refer them to overcrowded district hospitals.
Mosquito nets and pesticide sprays are seldom deployed on
time or in sufficient quantities.

New approach:

The new malaria elimination policy does include some

promising measures, like a greater emphasis on community
participation in fighting malaria and, crucially, inviting non-profits to
monitor the malaria programme currently, malaria control officials
are responsible for reporting their own progress.
Framework for implementation:

India will be divided into three categories as per malaria

prevalence low, moderate and endemic States

By 2016 end, all States are expected to include malaria

elimination in their broader health policies;

By the end of 2017, all States are expected to bring down

Annual Parasite Incidence [API] to less than 1 per thousand
population; and

By the end of 2020, 15 States/UTs under category 1

[elimination phase] are expected to interrupt transmission of malaria
and achieve zero indigenous cases and deaths due to malaria.

It is also envisaged that in States with relatively good capacity

and health infrastructure, namely, Gujarat, Karnataka and
Maharashtra, accelerated efforts may usher malaria elimination
sooner within two to three years
MALNOURISHMENT

Facts:
NFHS-4 data reveals a significant decline in child malnutrition in
India since the last decade
According to a study, the level of malnourishment is high among
children whose parents migrate in search of livelihood. Critically
examine why and suggest measures to address this problem.
(200 Words)
With India striving hard to achieve its MDG targets and reduce
malnutrition, the attention needs to be focused on especially vulnerable
groups to correct the bigger picture. Migrants are one of these and mostly
come from the low socio-economic strata. Most of the migration for
livelihood is either cyclical or distress migration, the latter being most
common.
The increased malnutrition among children of migrants basically stems
from the fact that they have to compromise and adjust in harsh,

unhygienic conditions and temporary settlements. The causes include

1.
2.
3.
4.
5.
6.
7.
8.
9.

Poor socio-economic conditions hence affordability of food

hampered
Temporary settlements leading to unhygienic conditions
Child labour ex: brick kilns
Lack of sanitation and open defecation
Inadequate access to health facilities and immunization
Inadequate and improper breast-feeding and weaning
No access to PDS facilities due to migration leading to poor nutrition
in mother and children.
Content of diet does not suffice for diverse nutritional requirement
of children
Small land holdings leading to inadequate production

The main solution lies in preventing migration and hence multiple

problems related to it by proper implementation of schemes like
MGNREGA,
PURA
etc.
The
others
include:
1.
2.
3.
4.

Increasing access to Anganwadis

Making PDS facilities available for migrants
Provision of proper houses and sanitation facilities
Considering migrants as vulnerable groups and chalking out
special programmes
5.
Identification of migrants and help from local PR institutions
6.
Regular health camps in identified areas
The complexity of the problems calls for a multi-pronged approach
including the state, NGOs and change in policy outlooks
Discuss the causes of persisting childhood malnutrition in India.
(200 Words)
Malnutrition is responsible for nearly 45 per cent of deaths under five in
India. Malnutrition in India is related to various factors and they are
multidimensional, long before Ex-Prime Minister Manmohan Singh, called
malnutrition
as
matter
of
national
shame.
The
1.

causes

for

malnutrition

are:

Poverty: Household food insecurity (NFSA is yet not effective, MidDay Meals and Supplementary iron and vitamins should be encouraged
more).
2.
Illiteracy:
a.
Illiteracy especially in women
b.
Ignorance about nutritional needs of infants and young
children and repeated infections further aggravate the situation.
c.
Right to Education Act can change scenario,

d.
e.
3.
a.
b.
c.
d.
e.
4.
a.
b.
c.
d.

NGO and community welfare programmes will also educate

women about family planning and child nourishment.
Cases of severe acute under-nutrition are managed at home
with simplified protocols and also clinically (wherever required) under
appropriate medical supervision.
Social strains on Women:
Early marriages of girls
Teenage pregnancies resulting in low birth weight of the newborns
Poor breastfeeding practices
Poor complementary feeding practices
Schemes Like: RGSEAG namely SABLA and Indira Gandhi
Matritva
Sahyog
Yojna
(IGMSY)
should
be
implemented
comprehensively.
Lack of infrastructure:
Poor access to health services (Rural Health Mission need to
sharpen and implemented tactfully)
Lack of availability of safe drinking water
Poor sanitation and environmental conditions and low
purchasing power etc.
MNREGA has helped to achieve some milestones but much
still needs to be done to improve rural infrastructure.

As mentioned above and there are number of other factors such as

environmental, geographical, agricultural, and cultural have contribute
effects resulting in malnutrition.
Why women fare badly on nutritional health indicators in India
when an average girl child aged less than 5 years is healthier
than her male peers? Explain the causes of these gender gaps in
nutritional status and significance of these causes. (200 Words)
Girls have better health status then their boys counterpart under 5 year
according to rapid survey on children 2014-15. But women in adolescence
and after 20s show a poor health indicator due to following causes:
1.
2.
3.
4.
5.

Patriarchal mind-set:men are treated superior To women, so more

focus on male nutritional diet.
Early marriage: Due to marriage of girls before maturity, loss to
their health due to hormonal change.
Abortion: More abortion for the greed of male child led to
degradation of her health.
Breastfeeding : during this period health becomes weak and
required more diet and rest well but due to illiteracy and social norms no
proper diet given to her and all house burden on her.
Some customs which allow women to eat after their husband, left no
suffice food .

6.

Most of adolescent girls are anaemic and underweight and when

they become mothers, they give birth to underweight babies and so the
vicious cycle continues
7.
Lack of access to healthcare and not much successful AANGANWADI
and ASHA scheme.
Significance:
1.
high MMR AND IMR.
2.
economic burden due to buy medicine for poor health.
3.
in spite of large demographic dividend, cannot be used at large
level.
Steps taken:
1.
Weekly Iron Folic Acid Supplementation for adolescent (19-20 age)
for anaemia treatment and fortified food must help them.
2.
SABLA scheme by GoI
Thus only focus toward children heath indicators doesn't give a clear
picture but there should be more schemes for adolescent and married
women to keep their health nutritious which is essential for utilize the
whole working population.
MATERNAL AND CHILD HEALTH

Facts:

One-third of the total maternal deaths in 2015 happened in India,

where 45,000 mothers died during pregnancy or childbirth : UN Report
Findings of Global Hunger Index 2016

There is widespread and chronic lack of balanced food in India.

About 15% of under-5 children are `wasted and 39% of under-5 children
are stunted

The under-5 mortality rate is 4.8% in India, partially reflecting the

fatal synergy of inadequate nutrition and unhealthy environments.

Estimated 15% population is undernourished and lacks in adequate

food intake, both in quantity and quality
Findings of Rapid Survey on Children (RSOC) :
Rapid Survey on Children (RSOC) conducted by Women and Child
Development Ministry and UNICEF paints a mixed picture. It covered
various parameters related to women and children like age at marriage,
school/college attendance, maternal care, early childhood care, access to
drinking water, toilet facilities, and awareness and utilization of six
Integrated
Child
Development
Services
(ICDS).
Women related:

1.

Nearly 53% girls (15- 18 yrs) have low BMI -This indicates not only
the poor status of girl children but shall also lead to under-development
of children they will bear in future.
2.
High prevalence of marriage below the age of 18- This results in
poor educational, psychological and physical development ( before the
child bearing age) of women.
3.
Low ratio of the pregnant and lactating women availing
supplementary nutritional at ICDS- It leads to nutritional deficiency ,thus
retarded
development
of
their
young
children
Child related:
1.
Less penetration (65.2%) of immunization - It results in health issues
arising out of communicable but preventable diseases, leading to
productivity loss and health burden on families.
2.
High rate of stunting (38.1%) and underweight (29.5%) with worse
figures for weaker sections (SCs, STs and OBCs) - Lack of balanced diet
leads to this situation. These children are bound to be less productive
and more -prone to various diseases.
3.
Low access ( 54%) to nutritional food at ICDS- Point to less than
effective implementation of ICDS.Leads to below par development of
children.
Besides, lack of facilities at ICDS (on one or the other account),high rate
( 44%) of open defecation, lack of breast-feeding of children in various age
group
etc.
are
other
issues
reported.
Having said that, rates of registration for pregnancy (84 per cent)
,antenatal checkup and access to drinking water were reasonably high .At
the same time, there was high awareness among anganwadi workers
about various maternal and nutritional needs of women. Besides, high
performing states (economically) like Gujarat and Delhi were found to
lagging behind on most of these parameters than those which are not so
economically
better
off.
Thus, it clearly shows that effective social, economic, administrative and
legislative actions needed to improve the situation. Improving overall
status of women can be the starting point as it will have multiplier effect
on other areas.
MCI LODHA PANEL
Read MCI corruption issue
MCI CORRUPTION ISSUE

01/04/2016
MCI (Medical Council of India) has failure to oversee quality and integrity
in health services in the country.

The parliamentary standing committee, in its report, had pointed out :

MCI is a biased organisation, acting against larger public health
goals. It described the Council as an exclusive club of medical doctors
from corporate hospitals and private practice.
The committee had called for extensive reforms in the MCI and
removal of roadblocks to the Common Medical Entrance Test for
admission to MBBS and PG courses.
Some ex. Of corruption : kickbacks for referrals from doctors,
revenue targets at corporate hospitals, and capitation fees in private
medical colleges in India.
India has far fewer doctors than the WHO recommended minimum
doctor population ratio of 1:1000
Quality of medical education is at its lowest ebb and the current
system is not producing the right type of medical professionals
About MCI:
The Medical Council of India (MCI) is thestatutory bodyfor establishing
uniform and high standards of medical education in India.
The Council grants recognition of medical qualifications, gives
accreditation to medical schools, grants registration to medical
practitioners, and monitors medical practice in India.
The Medical Council of India was first established in 1934 under the
Indian Medical Council Act, 1933. The Council was later reconstituted
under the Indian Medical Council Act, 1956 that replaced the earlier Act.
Important functions performed by the council:
Establishment and maintenance of uniform standards for
undergraduate medical education.
Regulation of postgraduate medical education in medical colleges
accredited by it.
Recognition of medical qualifications granted by medical institutions
in India.
Recognition of foreign medical qualifications in India.
Accreditation of medical colleges.
Registration of doctors with recognized medical qualifications.
Keeping a directory of all registered doctors (called the Indian
Medical Register).

Why reform the MCI?

Like a license-raj permit controller, MCI has for long focused too
much on licensing of medical colleges and stipulating impractical
conditions, while ignoring its other mandate of maintaining ethical
conduct in the profession.

It has failed to stop the sale of medical seats in private colleges for
capitation fees going up to Rs.50 lakh.

Over the years, it has emerged as a single, all-powerful agency

heavily influenced by corporate hospitals to provide accreditation to
institutions and assess their quality, ignoring blatant conflicts of interest.
Issues which needs reform on urgent basis are:
Need to reduce the cost of medical education and increase access in
different parts of the country.
Need to improve the doctor-to-population ratio, which is one for
every 1,674 persons, as per the parliamentary panel report, against the
WHO-recommended one to 1,000.
Need to remove bottlenecks to start medical colleges, such as
conditions stipulating the possession of a vast extent of land and
needlessly extensive infrastructure, and to considerably rectify the
imbalance, especially in underserved States.
The primary criterion to set up a college should only be the
availability of suitable facilities to impart quality medical education.
The development of health facilities has long been affected by a
sharp asymmetry between undergraduate and postgraduate seats in
medicine.
There are only about 25,000 PG seats, against a capacity of 55,000
graduate seats. The Lodha committee will review this gap.
What has happened in this issue:
On grounds of corruption, the MCI faced the ignominy of being set aside
by the Supreme Court in 2002 and again in 2010 by an ordinance issued
by the government.
Seizing the opportunity of the temporary suspension of the elected
MCI, the Ministry of Health drafted a Bill to establish a National
Commission for Human Resources for Health (NCHRH).
This Bill sought to revamp the MCI to consist of nominated bodies to
carry out the functions of human resource planning, curriculum
development and quality assurance, with the elected body limited to
register doctors and govern their practice in accordance with ethical
standards.
It was laid on the table of the Rajya Sabha in 2011. The PSC
returned the Bill with some observations to the Ministry in October 2013.
In 2014, another committee under the chairmanship of Dr Ranjit
Roy Chaudhury was appointed. This committee submitted its report in
February 2015. The latest report of the Parliamentary Standing
Committee, which was submitted to the Rajya Sabha recently, is in near
unanimity with this report.
SC Panel (Justice Lodha committee) will monitor MCI
Supreme Court has set up a three-member committee, headed by former
Chief Justice of India R.M. Lodha, to oversee the functioning of the Medical
Council of India (MCI) for at least a year.

In doing so, the court has exercised its extraordinary powers under
Article 142 of the Constitution. It empowers the Supreme Court to pass
such decree or order as may be necessary for doing complete justice
between the parties.
Function of Panel:
According to the court, the Justice Lodha committee will have the
authority to oversee all statutory functions under the MCI Act.
All policy decisions of the MCI will require approval of the Oversight
Committee.
The Committee will be free to issue appropriate remedial
directions.
The Committee will function till the Central Government puts in
place any other appropriate mechanism after due consideration of the
Expert Committee Report.
Background:
Court has taken this route because government had not acted on the
report of the Parliamentary Standing Committee on Health and Family
Welfare. Its report on The functioning of the Medical Council of India was
tabled in Parliament on March 8, 2016.
Parliamentary Standing Committee report of March 2016 stated that
medical education and profession in the country is at its lowest ebb and
suffering from total system failure due to corruption and decay.
MENTAL HEALTH

Mental retardation is a developmental disability that first appears in

children under the age of 18. It includes below-average intellectual
function and lack of skills necessary for daily living. Some of the
behavioural
traits
are
aggression,
dependency,
self-injury,
stubbornness etc.

Often abandoned by families.

Different levels, some need help in even doing daily chores.
Persons with a mental illness need personal attention, security
and psychological care which can be provided in:

Homes

Community facilities

Well regulated, small sized psychiatric hospitals

3% of India's population i.e. ~40 million people, suffer from
Severe Mental Disorders

National

Mental

Health

Policy:

Echoes a set of fine values such as equity and justice,

integrated care, participatory and rights based approaches, good
governance and effective delivery
Bridging the treatment gap by promoting access to clinical
and social care, the needs of vulnerable groups and challenges
around institutional and long term care have also been identified as
key areas of focus.

Social stigma remains an obstacle to helping Indians cope with

mental health illness. In this backdrop how does the new
mental health policy seek to reach out to people with mental
disabilities?
(200 Words)
The disabled are rendered disabled not because they are biologically
disabled but
because society rendered them so. Even the recognition of disability is
absent from the wider educational discourse. In this context, the
announcement of a new policy on Mental Health comes as a
progressive step in recognizing a comprehensive and coordinated
response from the community as a whole.
The new policy seeks to promote mental health, enable recovery from
the illness, promote de-stigmatization and ensure their participation in
socio-economic matters by providing accessible, affordable and quality
health care within a right based framework.
Some of the objectives include:

Increase access to mental health care especially the

vulnerable section

Reduce risk and incidence of suicide and attempt to suicide

Ensure their rights are respected such as the right not to be

institutionalized

Enhancing financial allocation.

"Mental Health Action Plan 365" which spells out specific roles
for the Center, States, local bodies and civil society organisations

Establishing more central institutes to cater to the needs

Admission of more students into branches of mental health

education
However, despite the existence of a National Mental Health Program
since 1982 there has been very little effort to provide mental health
services, particularly in rural areas.
Some of the present concerns are:

Prediction by WHO of about 20 percent mentally ill population

in India by 2020

Lack of psychiatrist
Linkage between poverty and mental health

NATIONAL BLOOD POLICY\

National

Blood

Policy:

The policy aims to ensure

easily accessible of adequate and safe blood

blood components collected / procured from a voluntary nonremunerated regular blood donor in well-equipped premises

Blood is free from transfusion transmitted infections, and is

stored and transported under optimum conditions.

Transfusion under supervision of trained personnel for all who

need it irrespective of their economic or social status through
comprehensive, efficient and a total quality management approach
will
be
ensured
under
the
policy.
Important

objectives

of

the

policy:

Safe and adequate blood

Develop blood transfusion service across country
Technology for operating blood transfusion
Awareness for donor info, education etc.
To encourage appropriate clinical use of blood and blood
products.
To strengthen the manpower through human resource
development.

NATIONAL MEDICAL COMMISSION

NMC is being proposed to replace Medical Council of India. The

main objective behind this is to end the inspector raj in the medical
field in the country.
NMC will become the main regulatory body and will take over
all roles and responsibilities of the MCI.
NMC will have eminent doctors and experts from related fields
to suggest the direction that should be given to medical education in
the country so as to ensure that the quality of education is at par
with global standards.
NMC will have around 19-20 members and their tenure will be
about five years. It will also have members from other fields such as
economics, law, etc in a bid to inculcate more professionalism in the
body.
It will have a chairman as well as there will be four Boards
Under Graduate Medical Board, Post Graduate Medical Board,

Accreditation and Assessment Board and a board for registration of

medical colleges as well monitoring of the ethics in the profession.
These boards will be given autonomy and they will work on
the fields for which they are formed

NEET\

NEET (National Entrance cum Eligibility Test) : Single Entrance test for
admission in Medical Colleges.
Merits
Itreduces financial burdenand saves the students from the trouble
of writing multiple entrance exams to medical courses in state run and
private institutions.
Can curb the increase in commercialization of higher educationin
medicine by giving admissions to students with merit.
Ensures a transparent admission process in private, unaided
institutionswhich thrive on selling of medical seats.
Minimizes corruption and irregularities in admissionto medical
courses.
Safeguards the sanctity of medical profession
To prevent any form of malpractices such as donation, profiteering
and capitation fees.
Emphasises on meritas the only criteria for admissions.
Upholds article 19(6)and provides for exception to Art 19(1)(g)
Removes the problem of overlapping of many medical entrance
exams
The NEET will compel governments to focus on high school
education.
Demerits
Centralization of medical education affects admission process to
states.
States fear that it would undermine their reservation policy
Private institutions especially by minorities were against any
interference in their admission process as
o
It would affect their right to regulate their own admissions that
had been upheld by supreme court in the judgement of TMA Pai
foundation (2002)
o
Violation of article 30
No legal clarification for states as NEET is recalled which is leading
to confusion whether they have to continue their admission process or
not.
Deprives state run universities and medical colleges of their right to
admit students as per their own procedures.
Also differences in terms of content, state and central boards
syllabus adds to the confusion and uncertainty the students are facing.

It is being argued that students studying the non-CBSE curriculum

and language medium schools may be at a disadvantage due to the
limited preparation time.
20/05/2016
Union Cabinet has approved promulgation of an ordinance to keep state
boards out of the ambit of common medical entrance exams i.e.
National Eligibility cum Entrance Test (NEET) for one year.
Background:
Earlier in May 2016, Supreme Court had refused to modify its April 2016
order making NEET mandatory for admission to undergraduate medical
courses across the country for one year.
The apex court order had implied that all government colleges, deemed
universities and private medical colleges would be covered under NEET. It
also had scrapped all those examinations which had already taken place
or were slated to be conducted separately. Several State governments and
major political parties had favoured deferring implementation of the apex
court verdict. Several State governments also wanted their exams to be
the basis for admission for their 85 per cent quota for the academic year
2016-2017.
NFHS
09/04/2016
National Family Health Survey - IV
Points towards a consistent improvement
indicators in the country

in

health

related

Positives:
Regular ANC check-up, TT injections, iron and folic acid
supplementation among pregnant women has increased
Institutional deliveries has increased in bot rural and urban areas
due to NRHM and JSY
Many states have achieved replacement level of TFR = 2.1
Progress in immunisation programs. Mission Indradhanush path
breaking
IMR has decreased

Negatives:
Regional variation is there. Southern stats like AP, Karnataka, TN
performed better that BIMARU states
Bihar, Manipur and Meghalaya -> High TFR
More focus needed on male/female sterilization as it the only
permanent solution
Bad immunisation in MP

Neonatal mortality is an area of concern with high prevalence of

asphyxia, sepsis, infection ,pneumonia and diarrhoea in the country
Points out problem of wasting and stunting especially in MP, Bihar
and Meghalaya. This needs to be effectively addressed by better
implementation of MDM, ICDS, Goiter control programme, iron
supplementation etc.

NON COMMUNICABLE DISEASE

NCDs are mostly those disease which are related to stress,

ignorance of healthy diet and proper habits. NCDs are estimated to
account for a chilling 60 per cent of all deaths in India, making them
the leading cause of death ahead of other reasons.
Facts:
1.
India stands next only to China in the prevalence of diabetes
2.
India contributes nearly one-sixth to the global diabetes
burden of 422 million
3.
NCD cause over 53% of all deaths in India
Effects on Indias population and economy:
4.
Rise of deaths during productive years (30-70 years)
5.
Loss of demographic dividend
6.
NCDs can become bigger problem than being malnourished
7.
Health spending in households increases, which later
decreases saving, resulting in rise of poverty
Measures from Government:
8.
Increase health expenditure up to 8% of GDP.
9.
Provided basic health facilities to all section of people in viable
costs
10.
Increase rural health infrastructure
11.
Built upon a robust early screening system
12.
New Health Policy 2016 need to give due priority to it
Measures from Non-Government entities:
13.
Business house should create policy of health working
conditions
14.
Create awareness about stress related disorders in their
offices
15.
NGOs must campaign for healthy working conditions in all
sectors of employment
Measures from People:
16.
Eat Healthy diet
17.
Dont become prone to addictions
18.
Remain fit by any of means viz. Yoga, Meditation, Exercise,
etc.
19.
Share your problems and tensions with family and friends to
keep depression away.

Measures from Doctors and Researchers:

20.
robust mechanisms for data collection, data sharing, and
knowledge transfer
21.
Systems for monitoring and evaluation
22.
Share knowledge in all sectors of community
NCD menace can be controlled easily and it should be tackle
responsibly by all entities
Related questions: (Source : InsightsOnIndia)
1.
India, along with most other nations, has fallen victim to a
lethal modern day scourge non communicable diseases (NCDs).
Critically discuss their effect on the population and economy and
measures needed to prevent them. (200 Words)
2.

Every investment in combating non-communicable diseases

is a means of promoting development. Elaborate the statements
and discuss the threats of non-communicable diseases to economy
and measures needed to be taken to address these threats. (200
Words)

NNMB

National Nutrition Monitoring Bureau

India's only agency collecting data on nutrition deficiency among
marginalised populations.

Shut down by Union Health Ministry

Under ICMR
Its mandate was to generate data on Nutritional status of
socially vulnerable group
It was critical in informing the governments poverty alleviation
interventions with periodic assessment of nutrient deficiency in
tribal, women, children etc.
NNMB was crucial in policy interventions to address undernutrition
Bureau was the only institution involved in continuous
collection of data of actual dietary intakes of household --> valuable
input
Scrapped as it was working in Project mode (??)
Proposal under consideration to develop Nutrition Monitoring
Stations across country as a permanent structure within the ICMR

OBESITY IN INDIA
Facts:

Global Nutrition Report 2016 ranks India at 11th position in under 5

obesity and 21st position in adult obesity and overweight category.

Reasons behind increasing obesity and overweight:

1.
Changed dietary habits : inclination towards junk and fast foods,
beveragee etc.
2.
Hectic life style, no fix timing for lunch and dinner, skipping
breakfast sometimes leads to hidden hunger
3.
Flooding of processed food, low food standards (maggie
controversy), use of pesticides and chemical preservatives also creating
problem
4.
Environmental impact : increasing pollution, infusion of carcinogenic
elements leading to many diseases that may lead to obesity
How child obesity can be reduced?
1.
Guidelines for Junk foods
2.
Introduction of PT period in schools
3.
Mandatory minimum grounds size and other sports infrastructure
(Strict implementation of RTE act norms).
4.
Construction of parks and leave open spaces in colonies ( urban
planning) so that children do not remain busy with indoor activity like
video games, computer games.
5.
Motivate parents to play along with their child.
6.
Organisation of sport competitions at local level by municipalities,
societies etc.
How adult obesity can be reduced?
1.
In tune with international yoga day, can fix yoga days in a week in
offices, welfare societies etc.
2.
Swachh bharat abhiyan, cleaning of parks and other spaces so that
adults can come for exercise.
3.
Adult games competition in offices.
PARTICULATE MATTER
The construction dust is now considered as a major health hazard
to the public by health experts. Examine why. (200 Words)
With thrust on development of infrastructure, construction sector is in rise.
Construction activities involve handling of fluids and solids (Cement,
clinker, sand, gravel, asbestos, fibres etc.) are the materials in use of
construction.
Construction and allied fields involve problems like: Injuries during
blasting of mines, free fall during construction besides construction dust
which is in alarming situation.
The ill effects, construction dust includes:

1.
2.
3.
4.
5.

Cement contains Ca, Sulphur etc. elements, fine particles of cement

can enter in to respiratory system and causes choking problems,
Asbestos inhalation leads to shrinking lung capacity,
Silica inhalation leads to silicosis and which can leads to cancer,
Indian states are already facing this problem (ex: Rajasthan),
Caustic nature of these solids leads to irritation of eye and may
result in loss of eye sight,
Cement manufacturing is energy intensive process that involves
burning of fuel, which increases suspended particle matter, flue gases
etc...

Persons in proximity of workers are also prone to these effects.

these effects can be avoided by:
1.
Washing of hands before taking food,
2.
Special and separate clothing during work,
3.
Use of masks, goggles, respirators,
4.
Handling solids in slurry form to the possible extent etc...
Infra development is required but not at the cost of ill work force and
hence precautionary measures are must.
ROLE OF PRIVATE HOSPITALS
1.

Facts:
India spends ~1% on healthcare (Too less. 4% desired)
86% of expenditure is out of pocket

Should it be made compulsory for private hospitals to dedicate

a part of their services topoor people?
Yes, because:

Premium Lands are allotted to them at low prices.

Doctors themselves are beneficiary of subsidised education

Draft National health policy, 2015 recommends giving right to

health a status of fundamental right.
Will it solve the problem?
No. Longer term solutions are:

Wider insurance reach and coverage using Jan Suraksha

Yojana

More expenditure in public health infrastructure

Private sector is concentrated mainly in urban areas, and 61%

of the population resides in rural areas. So, need to incentivise
private sector to cover uncovered areas
RURAL HEALTH
India's

healthcare

system

1.

2.
3.
4.
5.

Primary Level in villages- No MBBS doctors; Multi-purpose health

workers (MPWs like ASHA, ANM, Anganwadi) who administer primary
health care along with other efforts like vaccination etc. These MPWs are
not properly trained.
Secondary level -- In blocks.. 2/3 MBBS doctors who do
uncomplicated treatment.
Tertiary level -- District hospitals
Quaternary level-- Medical colleges
At present, there is just one doctor for around 1,700 people in India,
whereas the WHO stipulates a minimum ratio of 1:1,000

India's
1.

attitude

toward

Rural

Healthcare:

Rural hospitals are working since 1950s (too many rural and urban
hospitals were opened in initial years of 50s), various yojnas like NRHM,
providing free medicine, vaccination etc. ( So intentions are good ) .

Criticism:: Good intentions don't suffice. Implementation at ground z

more
imp.
1.
2.

Poorly trained health workers-- therefore only diarrheal deaths etc.

Less availability of medicines also their quality z problem ::( we
usually avoid govt. hospital free drugs.
3.
Rural hospitals are very far away from district hospitals. Secondary
hospitals are lacking facilities so are of no use.
4.
Chanci dawakhana, Jholachhap doctors are openly flourishing
without
any
control
of
govt.
in
rural
areas.
Conclusion/

Suggestions

1.

Implement 3 year Health diploma system where these health

workers can be efficiently trained.
2.
ASHA workers should not be contractual. Contractual system
demotivates people.
3.
A good inventory of quality medicine should be maintained.
4.
Regulatory mechanisms to check Chansi dawakhanas; Health
insurance schemes, free treatment, increase budgetary allocation and fix
accountability of doctors and health workers.
Critically comment on Indias attitude towards health care in
rural
areas since independence and its consequences. (200 Words)
SWINE FLU\
1.

In the light of increasing deaths caused by swine flu in the

country, critically examine what mechanism exists in the
country to prevent the spread of epidemics like swine flu and
what measures need to be taken by common man to safeguard

himself/herself

against

swine

flu.

(200

Words)

Mechanisms existing in country to tackle epidemic crisis are:

1.
2.
3.
4.
5.
6.

Vaccination at all Govt. hospitals (Polio eradication is live

example)
Provision of generic medicines (affordable, National List of
Essential Medicines has been expanded over time)
Assistance to crisis hit states (National Crisis Management
Committee must reviews the situation and offer States necessary
central assistance.)
Skilled physicians in all Govt. hospitals (this measure needs
consolidation)
Adequate PHCs, Laboratories, Detecting equipment's and
cutting-edge-technology to diagnose the virus at the earliest with
zero error (needs consolidation)
Chief Secretaries and medical heads of States ensures
availability of drugs, testing kits, diagnostic labs, personal protective
equipment, masks etc., in their States (as various states are doing
regarding to Swine Flu

TB
TB is second only to HIV/AIDS as the greatest infectious killer disease
worldwide, and India has the highest TB burden in the world, accounting
for almost 25 per cent of global TB cases.
With proper diagnosis and treatment, TB can be cured. However, too
many people with TB dont seek care for early symptoms and get properly
diagnosed. Of those in whom the disease is detected, many do not
complete their treatment.
Indo-US partnership to free India of TB (see Indo-US relation).
UNIVERSAL IMMUNIZATION
Mission

Indradhanush

Ministry of Health and Family Welfare (MOHFW)

25th December 2014
with the aim of expanding immunization coverage to all children
across India by year 2020.
targets to immunize all children against seven vaccine preventable
diseases namely Diphtheria, Pertussis, Tetanus, Childhood Tuberculosis,
Polio, Hepatitis B and Measles. In addition to this, vaccines for JE
(Japanese Encephalitis) and Hib (Haemophilus influenzae type B) are also
being provided in selected states.

The government has planned to conduct four special vaccination

campaigns between January and June 2015. All vaccines are already
available free of cost under universal immunization programme in India.
Under this mission, government plans to intensify its efforts and thus
increase accessibility of these vaccines to all the children of India
***************************************
201 high focus districts. Part of Universal Immunisation programme. Under
NHM. Using learning from Polio campaign. Technically supported by WHO,
UNICEF and Rotary International.
***************************************

Over 1 million children under the age of five die in India. These deaths
could be prevented by adopting a comprehensive and integrated
approach to child health, that focuses on:
Nutrition
Safe water
Improved sanitation
Micronutrient supplements
Vaccination against preventable pneumonia and dearrhoea

For better results, need is to focus on "MOST VULNERABLE CHILDREN:

Poor

Liv in rural areas

Face discrimination
Mission Indradhanush doing just that:

Focus on 201 high priority districts

By 2020 immunize at least 90% of the children and women who

have so far remained unvaccinated or did not receive the full
recommended doses

Focus on Children from:

o
Tribal communities
o
Child labourers
o
Street children
o
Children living in informal settlements
Indias Universal Immunisation or Routine Immunisation (RI)
Programme is considered as a key public health programme and
is much appreciated. Despite appreciation, it is said that the
programme has not succeeded in urban regions due to various
factors. Critically examine the challenges faced by this
programme in urban regions and measures needed to address
them.
(200
Words)
-Universal Immunisation (UI) is most important component of child
healthcare. It helps building healthy and prosperous India and this small

investment improves quality of life significantly. The challenges faced by

programme in urban regions are:
1.

Since 2001 to 2011 the number of census town has increased three
fold. These census town despite being having many urban characters
don't receive any urban facility unless they qualify for Municipalities.
NUHM fails to incorporate such towns and they are the main reason of
falling
UI
in
urban
areas.

2.

Govt focuses much on rural population through largest entitlements

to NRHM but in recent survey the absolute number of people added in
Urban areas exceeded Rural areas. So there is mismatch in allocation of
funds and generation of logistics, health care facility in urban areas by
Govt.

3.

Most of the population added in Urban areas are migrants and lack
awareness and education regarding the importance of UI. Food, shelter
and basic healthcare consumes most of their income.

4.
fails
5.

Design of the National Urban Health Mission is highly selective and

to grasp the nuances of the urban transformation.

Govt has launched NUHM to address Urban health concerns and

various new vaccines like Pentavalent vaccine for same.

Measures needed:
1.
Urban local body should be made the centre of planning the health
care
facility
in
NUHM.
2.

The technical problems like census definition restricting building

healthcare in Census town is needed to be removed like in TN who used
its statutory power to grant them village panchayat status to build health
care
facilities.

3.

General problems like building supply chain logistics, health care

workers, social determinants and Availability & Accessibility of vaccines
in PHC is needed to be enhanced.

Write a note on government of Indias recently launched Mission

Indradhanush programme. Also critically evaluate how successful
have been similar programs in the past. (200 Words)
Mission Indradhanush is launched by government for children who are
partially vaccinated or unvaccinated. Mission Indradhanush depicts 7
colours of the rainbow which aims to cover all those children by 2020. This
will mostly focus on around 200 districts. Mission Indradhanush will
provide protection against seven life-threatening diseases (diphtheria,
whooping cough, tetanus, polio, tuberculosis, measles and hepatitis

In addition, vaccination against Japanese Encephalitis and Haemophilus

influenza type B will be provided in selected districts of the country.
Vaccination against tetanus will be provided to the pregnant women.
This mission's main objective is to raise the immunization coverage
annually and to expand its reach to cover most of the children of the
country. The first phase will focus on 201 high priority districts from four
statesBihar, Madhya Pradesh, Rajasthan and Uttar Pradeshthat have
the highest number of partially vaccinated or unvaccinated children. This
mission will be implemented at four levels- National, state, district and
block
level.
Previously India has executed the successful campaigns against polio and
eradicated it from the country but with that there have been failures as
well due to lack of awareness and lack of will. The reach of various
missions have been limited to few states and many others are also
deprived of it. We have controlled measles, hepatitis b but we have not
been able to reach to everyone and eradicate them. We need to focus on
maximum reach so that we can build a better future for India.
[Comments]
As in recent past seen in Delhi, Orissa & previously in Andhra Pradesh
also, many children died after vaccination of BCG; DPT and many new
cases recently diagnosed of "Primary Immunodeficiency Disease.
Vaccination to child with 'PID' may become a threat to his/her life. So govt
should first crosscheck and record a proper history before vaccination to
prevent such happening again.
UNIVERSAL HEALTH CARE\
The 12th Five Year Plan targets a long-term goal of UHC where
each individual would have assured access to a defined essential
range of medicines and treatment at an affordable price, which
would be entirely free for a large percentage of the population. In
this regard, critically discuss what 'universal healthcare means in
the Indian context and what steps have been taken by
governments to meet 12th plans target. (200 Words)
The 12th FYP envisages bringing all Indians under UHC for a defined range
of ailments at affordable prices while providing them free of cost to poor.
The approach to 'Universal' health care in India is observed to include to
two
dimensions.
1.
2.

Bringing all Indians under health care net.

Providing health care to the people for all or majority ailments and
diagnostic services at free or affordable price.

Whereas the first case is an absolute necessity, the second case of

providing health care at reimbursed price is of critical concern as it

involves pressure on fiscal resources, quality and capability of public

health
care
system
in
offering
such
services.
The
1.
2.
3.
4.
5.

12th

plan

aspirations

are

presently

felt

in

Rashtriya Swasthya Bima Yojana which provides access to targeted

poor at discount prices for specific ailments through an insurance.
The recent budget has provided for tax exemption on premium paid
for health insurance which encourages people to get insured.
The vaccination drives conduct for children is universal in approach.
The push towards increasing the availability of skilled healthcare
workers and making it mandatory for medical graduates to work for a
year in remote areas.
The draft on National Health Policy which aims to increase the
health expenditure to 2.5% of GDP and provides double coverage which
is bringing all citizens into health net across all health conditions at low
or
free
prices.

Now that states have more resources than before and greater say in
scheme formulation, it is desirable states frame health schemes which
suite their local conditions and take an informed decision on either
providing all or specific treatments for all or targeted population at
affordable prices depending on their fiscal capacity, strength of public
health systems, per capita income of people and medical anthropology of
that state.
Finally an ambitious project like UHC cannot be realized without
strengthening the public health systems, a sector being ignored over
decades, this aspect needs a urgent attention in the post-budget period.
In the opinion of many health activists, providing universal
healthcare to all its citizens should be India's priority. In this
regard, where can the money for universal healthcare be found,
how should it be spent and what role should the govt play?
Critically examine. (200 Words)
Ways to augment financial resources:
1.
Improving the tax-GDP ratio. GST implementation, DTC
2.
India needs to increase its public health expenditure to 3% by 2022.
3.
Pre-deduction from salaries of those in organised sector towards
UHC.
4.
Passing of insurance bill with health as separate insurance sector
will increase insurance penetration in India
5.
Health cess on tobacco and alcohol as proposed in draft national
health policy
6.
Efforts to bring people from informal sector to formal, to increase
tax collection.
7.
Central procurement of drugs will cut the procurement and logistic
cost for their equitable access at affordable prices.

8.

Help and assistance from international bodies such as IMF and WHO
can be accessed for initiating such program.
9.
Grouping of large NGOs and Pvt company and the collection from
Corporate Social responsibility can be allocated here.
Ways to spend:
1.
Strengthen PHCs to promote preventive care and stop crowding of
secondary and tertiary level care
2.
Promotion
of
generic
drugs,
strengthening
public
drug
manufacturers and R&D to develop new low cost medicines.
3.
Differential financing to states for health to reduce regional
imbalance
4.
Promoting IEC, sanitation, vaccination such as project Indradhanush,
clean drinking water supply etc.
5.
Generate health awareness which also includes general well being
Role of govt:
Government should play the role of guarantor, facilitator and partial
service provider. It should regulate, accredit and enforce the quality,
equity and accessibility in both public and private sector. It should also
strengthen district hospitals. As a guarantor: Compulsory pooled funds
should be created to purchase private contract services. Indian govt can
follow steps of Japan and Brazil where the prices of essential tests and
treatments are fixed/regulated by govt, this brings all citizens under same
universal health care regime
VECTOR BORNE\
Vector-borne disease research in India has remained stagnant for
decades owing to administrative apathy and lack of proper
policies. In the light of the statements, examine why reviving
research in vector borne diseases is of important for country like
India. (200 Words)
Vector Borne diseases are caused when disease spreading microorganisms are spread through a vector like mosquito. People suffer from a
significant disease burden from these diseases in local and focal areas of
India, which is reflected in the form of morbidity and mortality from
Malaria, Dengue, Chikungunya, Japanese Encephalitis (JE), Kala-azar and
Lymphatic
filariasis.
There has been abysmally low level of researches done in this area.
People affected by this disease mostly belongs to rural and
underdeveloped sanitation. India has vast rural
area without proper sewage, sanitation and effective health centre.
This will make India more vulnerable to Vector Borne disease. Hence
reviving research
is important. Other reasons and benefits of reviving researches are:

1.
2.
3.

4.
5.

Vector borne diseases are also prevalent in neighboring nations like

Pakistan, Afghanistan, Bangladesh etc. Indias research, vaccination and
pharmaceutical achievement can be shared with them in future.
By focusing research on VBD, we can also setup bio-medical
research institute which is need of the hour.
India can help WHO motto of eliminating malaria by 2025 from
whole world. Also, Indias research will be important, as Malaria is
eliminated from all developed nations. And only nation that is doing
research is China.
Vector borne disease leads to greatest mortality. Checking them, will
ensure a healthier next generation. Also, it will reduce cost of operation
in Rural PHC.
Right now, we have many different programmes for each diseases
like:
a.
National Anti - Malaria programme
b.
Kala - Azar Control Programme
c.
National Filaria Control Programme
d.
Japanese Encephilitis Control Programme
e.
Dengue and Dengue Hemorrhagic fever.

Such research will bring all of them under one umbrella programme to
deliver their remedy, symptom guides and medicine course together. It
will be later helpful to deliver all drugs/medicines to rural PHCs for all
VBDs.

EDUCATION
NEW EDUCATION POLICY

Needed:

Finalisation on shape of regulatory bodies

Policy on operation of foreign universities

Rashtriya Uchchatar Shiksha Abhiyan - mission announced to provide
finance to State universities . Aims to increase GER. Non-functional.
Critically comment on the New Education Policy
released recently by the Ministry of Human
Development. (200 Words)

document
Resource

New Education Policy has tried to overcome the constraints in education

system by focusing on Quality in Primary and Secondary education and
increasing enrolment and standardisation of higher education.
1.
Better infrastructure facility with library, science labs and sports to
be the norm.
2.
Teacher training and implementing teacher-student ratio norms.
3.
Integrated effort by teacher, parents and society.
4.
Adopting best practices of different states. Special focus to curb
drop-outs of girls and economically weaker section.

For improving higher education:

1.
Autonomy in decision making for institutes of national importance.
2.
CBCS system for selecting subjects for students.
3.
National authority for accreditation.
4.
Revamping functions of UGC and AICTE
5.
Scholarships and higher stipend for enrolling students in higher
education.
One concern is regarding the definition of quality which is vague in
document. Another concern is about the university appointmentsboth
teaching and nonteaching, are not made transparent and competitive and
about probation of teachers and performance and negligence of gender
equality in document.
CBCS is another aspect which has drawn criticism from various
educationists and students.
Overall, suggestions on this policy document will ultimately lead to a
strong NEP
opening the horizon for betterment of nation.
IIT FEE HIKE ISSUE\

13/04/2016
In Indiaas the number of eliteinstitutions such as IITs and IIMs
has increased, the budgetary requirements for supporting them is
proving to be a challenge. Why do these institutions need more
funds? What alternative ways are there to fund these
institutions? Examine. (200 Words)
Why more funds is required :
1.
New initiatives by HRD ministry like GIAN requires ample of money
for bringing in lecturers from foreign universities.
2.
New initiatives like Online Availability for IIT syllabus for outside
students though nice initiative need of monetary resources.
3.
Initiatives like IIT Kanpur and ministry of Water resources for ganga
rejuvenation has to be adequately equipped for better results.
4.
Students from EWS students also needs to be taken care of.
5.
Research like SHAKTI by madras IIT is admirable and if nicely funded
can help
6.
Investing in in infrastructure related to labs and research
equipment
Ways to attract money from other means.
1.
Initiatives alike in U.S universities where Alumni students
collaborate with their universities and thus help in addressing various
gaps.

2.

Why don't Govt. think of tax exemptions for those who contribute for
Donations to Higher educational institutions.
3.
Setting up a Higher Education Financing Agency to leverage
Corporate Social Responsibility (CSR) Funds
4.
Graded fee structure so that better off students can be charged
more as compared to the poor ones
5.
Promoting industry-academia collaboration to attract investments
from the rich industrial players
NATIONAL ACADEMIC DEPOSITORY

Under it all academic degrees, certificates and awards in the

country will be made digitally available for verification on single
spot.
It will be rolled out throughout the country in 2017-18.

How will it work?

Academic institutions will be directed to upload and authenticate all
documents in digital form into the NAD system
The NAD will register educational institutions/eligibility assessment
bodies/boards, students and other users/verifying entities like
employer companies, banks, government agencies and academic
institutions.
It will provide digital or a printed copy of the academic award with
security features to the students or other authorized users.
Besides, NAD will also verify academic awards online on the same
day of request initiated by any authorized user.
Requests for access to academic awards will be on basis of consent
of the owner. For ex, access from potential employers and academic
institutions will be only on the basis of consent of the student.
NAD will maintain the authenticity, integrity and confidentiality of its
database. It will root out fake degrees
PHILANTHROPY IN EDUCATION

1.
Critically comment, by giving suitable examples of successful
stories, on the role of philanthropy in providing quality
education to poor children. In your opinion, why has
government failed to provide quality education to poor children
despite having funds? Examine. (200 Words)
Success stories1.
Super 30- Helps students to get into IITs
2.
Vidyagyan - Provides world class schooling to poor students.
3.
Alpha to Omega Special Education sector in Chennai- provides
schooling to special children and prepares them to live independent
lives.

4.

Teach for India- Provides world class teachers to

underprivileged students in metro cities.
5.
SECMOL- Student's Educational and Cultural Movement of
Ladakh- Provides schooling for students of remote regions of Ladakh.
Also caters to dropouts to continue their education.
PRIMARY EDUCATION

A voucher system could be introduced wherein every child is given a

voucher/coupon of say Rs 300 a month for the monthly fee, which can be
redeemed for cash by schools.
Recent OECD study found that better technology in classrooms does not
always translate into better learning outcomes. It is time Indian Policy
makers gave up their over-reliance on technology when it comes to school
education
and
focus
on
Teacher
Training
instead.
Government has treated computers as device that can make teacher
dispensable. Millions have been spent on equipping schools with
computers and million more have been saved by reducing expenditure on
teacher recruitment.
Recently it was found out that a total of 688 government primary
schools in Karnataka had no students and 9,503 government
schools
in the State had 20 or less children studying in them. Many other
states in India face similar situation too. Examine the reasons
behind
this trend and suggest measures to increase enrolment in
government
schools. (200 Words)
Education in India has been a primary focus since independence due to
the high illiteracy levels and backwardness. Successive governments have
taken steps to increase literacy levels. There is a trend currently where the
enrollment in government schools is reducing due to various reasons.
1.
2.
3.
4.
5.

Increased preference to private schools by parents and students due

to reasons like lack of quality education, infrastructure, access to
schools, low teacher student ratio.
Non availability of English medium education in government schools
and notion of mother tongue medium as inferior among people.
Raise in income levels and affordability of middle class leading to
preference to schools with additional facilities like transport, food,
combined child care centres.
Drop in Enrollment of students in government schools due to
reasons like lack of toilets and lack of funds to run schools.
Substitution of government teachers by contract based ones leading
to less preference. Also the choice among youth to teach is reducing

leading to shortage of teachers and subsequent low student enrolment.

Measures

must

be

taken

to

stop

this

trend.

Youth volunteers must be engaged to educate parents and enroll

students,
better infrastructure with classrooms and construction of toilets
along with maintenance of water facilities,
maintaining proper teacher student ratio with quality teachers and
cracking on contract based teaching,
promoting awareness among rural areas about education and
government measures to provide education like midday meal, Sarva
Shiksha Abhiyan,
encouraging sanitation at schools,
inculcating responsibility to principals to maintain strength,
clearing myths about private school education,
increased public spending on education.
India today has around 74% of literacy and continuous sustained
measures in these areas are the key for cent percent literacy for a nation
aspiring to lead the world.
Recently the Karnataka Legislative Assembly adopted a bill that
enforces Kannada as medium of instruction for primary education
in the state. Do you think teaching in mother tongue should be
encouraged in schools? Is English harming regional languages?
Critically examine. (200 Words)
Following could be the benefits of learning in native language:
1. Better Learning: Children, in primary schools are more conversant with
native language and hence will find it easier and quick to learn.
2. Cultural identity: Children, by learning in native language will learn
better about their cultural roots and will respect them.
3. Local employment: With the native language being a medium of
instruction, it will improve local employment and hence living standard.
However, SC in Shubodaya Vidya Samasthe case has identified that right
to choose the medium of instruction is implied under Article 19(1) (a), i.e.,
freedom of expression and it is also implicit under right to education under
Article 21. Hence, the imposition of native language as medium of
instruction
doesn't
seem
constitutionally
valid.
Also, even if the local language is taught in schools, it should not mean
the elimination of English as it is a common global language, and hence is
vital. English v. Local language: Knowing English doesnt necessarily imply
that the learner loses respect or unlearns the local language. Besides an
English-speaking native person could also help in further promotion of his
native language at national and international forums. So, English shouldn't

be

seen

as

threat

and

must

be

taught

altogether.

Critically examine the rationale behind forcing government

servants to send their kids to government schools. Do you think
such policy by the government would meet its objectives?
Critically comment. (200 Words)
The recent Allahabad high court decision on compulsorily schooling of
government servants kid in government school has both been criticized
and appreciated by civil society. Some radical transformation is needed to
improve the dismal education situation in india and this can be the first
step towards it.
IN FAVOUR OF JUDGEMENT
1.
When their own kids will go to these schools, the officer will be more
aware of the deficiency of schools and will try to improve the level of
education as now their own lads career will be in jeopardy
2.
The attentiveness of teachers will increase as they will now be in
constant eye of the officers
3.
The most important will be in social sector as the kids of most
vulnerable section will have new sense of self respect as child of higher
end society is also studying with them
4.
The gap between the two ends of society will reduce leading to
more INCLUSIVE GROWTH
5.
The aspects of PREAMBLE like equality, freedom , liberty will be
metamorphosed in true form.
6.
Forcing wards of government servants to government schools has
the intention of improving government schooling by infusing more
competition, attack the "elite-opt-out" culture and making administrators
realize the effects of their own decision. Also a very wide social spectrum
of children will then go to these schools and social sensitization will be
easier. So the public schooling system will catch up over time.
AGAINST THE JUDGEMENT
1.
It violates the article 14 (RIGHT TO FREEDOM) as well as article 21
(life to liberty) and against the basic stricture doctrine of SC
2.
here is no guarantee that educational system will improve , nowhere
in the world this approach is tried so the effect is in suspicion
3.
The basic infrastructure of education system is still weak, without
improving it the quality will remain compromised
4.
The employability will not improve significantly as the provision is
restricted to primary education not higher one.
Discuss the trends in literacy rates in India and examine if the
government initiatives both at central and state level have paid
any
dividends in improving literacy quality and rates. (200 Words)

India is the youngest Nation in World and Literacy is the basic need to for
the Human capital. Since Independence number of Schemes related to
Education run by the state and Central govt and Due to that , we reach
the 69% of Literacy rate.
Trend in literacy:
1.
Gender Equality : - Nearly Same Literacy rate of Male and female.
India Fulfil the UNSECO Goal of Gender equality in literacy.
2.
Adult Literacy : - India fail to achieve the target of the 50% and can
did only 26% of the adult literacy.
3.
Education Expenditure :- Not increase , still less than the 2% of the
GDP.
4.
Gradually decreasing the rural urban gap of literacy.
5.
Annual Status of Education Report (ASER) 2014 says only an
average of 48.1 % of class v children across india can read a class II level
text
Schemes related to the literacy:1.
National literacy mission programme :- Educate 8 crore adults in 1535 age to not only read but also understand why they are being deprived
and help them move towards change
2.
TARA akshar :- To Make the women literate . 100 Minutes per day for
30 days and Make the Women enable to read and write in hindi. ( NGO )
3.
Central Govt. flagship :- Beti bachao , Beti padhao with dual
objective of Gender Equality in Literacy and Increase sex ratio.
4.
Kasturba GandhiVidhyalaya :-Integrated in the Sarva Shiksha
Abhiyan program, to provide educational facilities for girls belonging to
Scheduled Castes, Scheduled Tribes, Other Backward Classes, minority
communities and families below the poverty line in Educationally
Backward Blocks
5.
Other are SSA , RTE, Mid day meal
REGULATOR IN EDUCATION
It is argued that education sector in India needs its own regulator
at the centre just like other sectors such as telecommunications
have. Examine why and also discuss issues arising out of this
move. (200 Words)
Independent Regulators, such as TRAI for telecom or CERC for electricity
have become necessities for any country with increasing private sector
participation. Having an Education regulator will also help, in the following
ways:
1.

Poor quality of education: Substandard teachers and infrastructure

in schools and colleges especially those provided by the govt, has
become rampant.

2.

Growth of private sector: 45% of the children and 63% of higher

education students study in the private schools and colleges. They need
to be regulated as malpractices are coming to light.
3.
Incapacity of States: States are not able to properly utilize funds
either due to unwillingness or corruption.
Role to be played by the regulator:
1.
Administrative role: It would lay down standards for private and govt
schools and institutions.
2.
Quasi-judicial role: Complaints against service providers w.r.t
extortion of fees, fraud etc. can be made here.
3.
Facilitator: The regulator can ask the institutions whether govt or
private to follow certain practises to ensure good quality of education
and incentivise them when necessary.
4.
Assessor of quality: Affiliation to AICTE, UGC and other school boards
is merely a formality. The regulator can assess the quality and take
suomoto action.
Challenges
1.
In the past several similar education regulators like MCI, UGC have
been accused of indulging in corruption
2.
Lack of complete independence makes them vulnerable to political
control leading to mediocracy, and thrusting of ruling party's viewpoints.
3.
A single one-size-fits all policy throughout the country may not work
4.
Legal issues- As NEET, the common medical test was quashed by
the SC. The
regulator for all, could also face similar issues.
No system is perfect. Yet, as the Improved services in regulator bound
electricity and mobile telephony has shown us, that, if adequate
precautions are taken, a regulator could indeed turn the tide for the
better
RTE
Important : As completed 5 years in 2015

Facts:
About 1 Lakh schools are run by a single teacher. The teacher
performs a range of tasks in these schools (housing survey, economic
survey, census duty, voter identity card duty, managing mid meal etc.)
28:1 average pupil teacher ratio. The ratio can be as high as 100:1
in some schools.
Around 3% of GDP is spent on education
13% teachers in the country are on contracts. They are low paid and
at times, not qualified enough too.
Close to 90% teacher training institutes are in the private sector.
Many are on low quality.

Right to Education (RTE) Act:

The Right of Children to Free and Compulsory Education (RTE) Act,
2009
This act is an embodiment of Article 21-A, which says that every
child has a right to full time elementary education of satisfactory and
equitable quality in a formal school which satisfies certain essential
norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010.
It is seen as the most historic development in universalisation of
elementary education in the country.
It implies that every child in the age group of 6 to 14 years has
Right to elementary education. They are entitled for free and compulsory
education.
Salient features:
The RTE Act provides for the right of children to free and compulsory
education till completion of elementary education in a neighbourhood
school.
It clarifies that compulsory education means obligation of the
appropriate government to provide free elementary education and
ensure compulsory admission, attendance and completion of elementary
education to every child in the six to fourteen age group. Free means
that no child shall be liable to pay any kind of fee or charges or expenses
which may prevent him or her from pursuing and completing elementary
education.
It makes provisions for a non-admitted child to be admitted to an
age appropriate class.
It specifies the duties and responsibilities of appropriate
Governments, local authority and parents in providing free and
compulsory education, and sharing of financial and other responsibilities
between the Central and State Governments.
It lays down the norms and standards relating inter alia to Pupil
Teacher Ratios (PTRs), buildings and infrastructure, school-working days,
teacher-working hours.
It provides for rational deployment of teachers by ensuring that the
specified pupil teacher ratio is maintained for each school, rather than
just as an average for the State or District or Block, thus ensuring that
there is no urban-rural imbalance in teacher postings. It also provides for
prohibition of deployment of teachers for non-educational work, other
than decennial census, elections to local authority, state legislatures and
parliament, and disaster relief.
It provides for appointment of appropriately trained teachers, i.e.
teachers with the requisite entry and academic qualifications.
The Sarva Shiksha Abhiyan (SSA) is the main vehicle for
implementation of the RTE Act. It is one of the largest programmes of its
kind in the world. It is primarily funded from central budget and it covers
the whole country.

Under SSA, special attention has been given to urban deprived

children, children affected by periodic migration and children living in
remote and scattered habitations. Attempts have also been made to
reach out to children suffering from autism. It involves their
identification, preparation of individualized Education Plan, teacher
training on Autism and therapeutic support

Evidence of discrimination in schools:

According to the 2011 Census,

the average literacy rates of people aged above 15 among

Scheduled Castes (SCs) and Scheduled Tribes (STs) are about 9 per cent
and 17.4 per cent less than the national average, respectively.

The female literacy rate is 19.5 per cent less than that of males.
This difference increases to 23 per cent and 23.5 per cent among the
SCs and STs, respectively, indicating the double discrimination faced by
Dalit and Adivasi women.

The dropout rates among SCs and STs are significantly higher than
the national average and more girls discontinue schooling than boys.
How to create a true egalitarian society?
The Kothari Commission recommended a common school system (CSS) to
bring the different social classes and groups together and thus promote
the emergence of an egalitarian and integrated society. It lamented that
instead of doing so, education itself is tending to increase social
segregation and to perpetuate and widen class distinctions. This results
in the anaemic and incomplete education of both the rich and poor as it
forecloses sharing of perspectives. The CSS was adopted by both the 1968
and 1986 national policies on education. While the interventions from
Operation Blackboard to Sarva Shiksha Abhiyan brought universalisation
and quality to the forefront, the CSS was somehow relegated to the
background.
Negatives of RTE:

Due to several conditions, both public and private schools are being
closed

More focus on infrastructure than on quality of education

RTE and minorities schools:

Conflicting judgements of Supreme Court and High Court over the

issue of harmonisation of Right to Education with minority schools

The Supreme Court has exempted minority schools from the

purview of the RTE Act in Pramati Education case (2014).

Kerala HC has ruled that Section 16 of the Right of Children to Free

and Compulsory Education Act, 2009 (RTE Act), that mandates schools to
not detain any child before s/he completes elementary education, is
applicable to minority educational institutions as well

Kerala HC has not overruled SC. The High Court located this
obligation not in the Act but under Article 21 of the Indian Constitution,
which guarantees right to life and liberty
A key takeaway from this judgment is the recognition that certain
provisions of the RTE Act have a universal appeal.
Are rights guaranteed under Article 30 absolute?
The generic scope of right to education seems to conflict with the
specific contexts of the rights of minorities to establish and administer
educational institutions of their choice under Article 30.
That right, however, is not absolute.
Freedom to administer a school cannot include mal-administering
it.
Regulations for maintaining academic standards, ensuring proper
infrastructure, health and sanitation, etc. could be imposed on minority
schools as well.
Further, a government-aided minority school cannot discriminate
against students on grounds of religion, race, caste, language in the
matters of their admission (Article 29(2))

No Detention Policy:

According to this provision no child admitted in a school shall be

held back in any class. This translates into automatic promotions to the
next class every year until Class VII. Instead of exams, schools are
supposed to hold Continuous and Comprehensive Evaluations (CCE) for
every child

Many committees and panels have recommended to scrap it. Most

recently TSR Subramanian committee (New Education Policy) has
recommended to scrap it after 5th grade

What are the positives of "No Detention Policy"?

If Students fail, they simply drop out of the school
Compelling a child to repeat a class is demotivating and
discouraging
Most failures are from low-income family students or girls. They drop
out after it.
Wastage in the schooling system due to high repetition and high
dropout rates has been a major concern since the 1990s

What are the negatives of "No Detention Policy"?

It compromises learning levels and quality of education in schools

Continuous and Comprehensive Evaluations needs resources

including number of teachers, seamless processes and a supportive
ecosystem

No training or manuals are provided to teachers to shift to CCE

Good Read:
http://www.thehindu.com/todays-paper/tp-opinion/schooling-withoutlearning/article8207475.ece
TECHNOLOGY IN EDUCATION
30/04/2016
Role of Technology in education:1.
Technology Can Increase the Reach of Education:-VSAT can
help in providing Tele education services in the hinterlands.
2.
Incorporating Radio/Television in School Curriculum:-This will
help students in increasing their awareness about the events of national
and international events.
3.
Technological Know-How helps in getting employment:-New
industries especially knowledge based industries and IT-Industries are
hiring personnel having knowledge of the latest technology.
4.
Technology
Can
be
incorporated
for
Monitoring
Purpose:-Technology can help in monitoring the education imparted in
Govt. as well as private schools, Quality can be assured through this.
5.
Computers/Projectors/Slides/PPT's:-All these can help in
developing better understanding in students + 3-D models can be
explained in a much better way, will develop the imaginative skills in
students.
6.
In Line with the modern needs:-Digital education, e-learning are
the need of the modern times and can help in setting up a platform
where all major institutions and universities of the world can collaborate
and globalise the world education.
Role of government in this regard:
Failed initiatives:
1.
Though Govt. has initiated many programmes from time to time,
Example AAKASH Tablet Initiative to provide cheap tablets to students ,
though a noble initiative but failed miserably.
2.
Similarly EDUSAT was launched in 2004, which was declared failed
by the department of space due to network connectivity issues,
management structure and content generation.
3.
In the 8th FYP another initiative aka ICT@Schools, has not been able
to produce much results even after 20 years of operation.
Successful initiatives:
1.
NPTEL , initiative by IIT's and IISC has been very helpful for all those
college graduates who have not been able to attain education in IIT's ,
plus it has enhanced the knowledge skills, plus made IIT level education
affordable.
2.
NMEICT and the Aakash project played a crucial role in normalising
the notion of online self-learning, and thus that of the online, in the
Indian public imagination.
3.
Emphasis of Govt. for ICT in education has increased awareness
among the masses. Ex. RADIO in tribal areas, MANN KI BAT and other
programmes in schools are working fine.

Along with these many new programs have been proposed and initiated
like SWAYAM, SARANSH, Digital library , E-BASTA and MOOC , but the
success of these will be tested in the near future.
THEOLOGICAL EDUCATION
Differentiate
between
formal
education
and
theological
education. Do you think theological education should be
encouraged in "secular" democracies such as India? Critically
comment. (200 Words)
Theological education refers to the religious or spiritual education that is
provided by the madrassa and other religious educational institutions.
Formal education on the other hand provides the education in the subjects
like science, English, maths etc.
Theological teaching is a must in society to build ethical, moral and social
values. In multi religious India where numerous religions co-exist
theological school is way to ensure that one religion does not feel
subjugated to majoritarianism. Theological education does not do any
harm in fact it creates better citizen.
Indian Constitution provides the right to religion under which religious
institutions
can provide religious education to the students. But this has many
demerits
1.
Theological education does not equip the student well enough to
cope with the modern world.
2.
It has the tendency to increase the communal feeling among the
students
3.
The theological education cannot help in guaranteeing the
employment in the formal sector which requires formal education.
4.
Mostly the socially and economically backward classes children go
for the theological education, thus this type of education further makes
them backward.
In India it should be ensured that these schools provide modern subjects
teaching like maths, science, and social. Also, the teaching must be
monitored to ensure these are not serving any communal agenda. With
better monitoring and structure theological school can make India a truly
secular and democratic society.
UNESCO EDUCATION 4 ALL REPORT\
1.

Recently, the United Nations Educational, Scientific and

Cultural Organisation (UNESCO) published the Education for
All Global Monitoring Report to evaluate the progress of
countries on these goals. Critically comment on its findings on

Indias

performance.

(200

Words)

164 countries entered into the Dakar framework in 2000, setting

"Education for All" as their goal. UNESCO has recently released a report
to assess the progress made by the countries towards the objective.
India
has
fared
well
on
most
counts
1.

2.
3.

4.

5.

Enrolment targets - India is either on track or has already

achieved most of its enrolment targets including 80% pre-primary
enrolment, 100% primary enrolment and 100% youth enrolment in
schools.
Gender Parity - India is the only nation in all of South and West
Asia to achieve gender parity in primary and lower secondary
enrolments.
Adult illiteracy - This is the one region where India has not
even come close to achieving its target, having developed only 26%
adult literacy, whereas the target was 50%. Most other nations too
have fared badly, with only 25% managing to achieve this target.
Education expenditure - This is one area where India has been
criticized by the report as well as local education activists, saying
that government expenditure on education needs to be increased.
The report also disapproves of more and more teachers being hired
on contract basis. This is significant in the light of some state
governments like Rajasthan curtailing the number of schools, to
streamline expenditure, which might in fact harm the education
statistics in the future.
Quality of education - The UNESCO report draws on both ASER
(Annual State of Education Report) by an NGO and NAS (National
Achievement Survey) by NCERT to point out that students across the
country are not performing according to their grade level. This,
points to a serious lacunae in the education system.

UGC GUIDELINES
1.

UGC has released guidelines on the promotion and workload of

professors.
Positives:
1.
Equal emphasis has been placed on research; teaching and
training
;
and
co-curricular
activities.,
emphasizing
the
comprehensive role of teacher in educational institutions.
2.
Scientific method of performance calculation, PBAS
( performance based appraisal system ). This may reduce the
discretion and favouritism in awarding promotions.
Why these guidelines are being opposed:
3.
Qualitative aspects of teaching have been neglected : such as
giving attention to weak students, encouragement of creativity,
value development etc.

4.

One size fits all approach : all level of education have treated
in similar manner. In contrast ,at UG level more emphasis should be
on teaching and training, and at PG level emphasis should be
research
5.
Quantification of performance indicators will make teacher
limit themselves in achieving the targeted topic of subject rather
than covering all aspects of a subjects.
6.
Further, cut off criterion for promotion may have a fallout :
teachers instead of putting all their energy and efforts will limits
themselves in achieving cut off.
UGC REFORMS

Facts:
The number of universities has multiplied 40 times since UGC
establishment
Student enrolment has increased a hundred fold since UGC
establishment

Negatives in UGC:

Unpopular decisions:
o
Increase in teaching hours of the faculty and its
subsequent cancellation
o
Implementation of the choice-based credit semester
system in Delhi University, and the decision to discontinue
o
UGC non-NET scholarship for MPhil and PhD students
and its abandonment after protests

UGC is understaffed. This affects the commission while

disbursing grants and fellowships thereby affecting quality
standards

Its policies also suffer from two diametrically opposite issues

under-regulation and over-regulation. While it lets smaller
substandard institutions slip by as deemed universities, it also
instigates witch-hunts against reputed deemed universities
Why has UGC failed?

Constituted by all kinds of members other than academics,

UGC operates in an ad hoc working structure with no coordination
due to lack of knowledge about regional offices, bureaus, disciplines
and activities.

It is unable to adopt new measures for enhancing student

mobility and internationalisation in higher education.

Measures for reinvigorating the teaching environment in

universities and colleges and measures for enhancing quality
research and ushering in a climate of innovation in higher education
are also not taken into account.

It has also deviated from its core goal of being a watchdog for
ensuring excellence in education and is accused of indulging in
favouritism

What has been suggested?

T.S.R. Subramanian committees recommendation in the National
Education Policy:

UGC could be revamped

UGC should be made considerably leaner and thinner

UGC could be the nodal point for administration of the

proposed National Higher Education Fellowship Programme, without
any other promotional or regulatory function.
What is the way forward?

It is doubtful if scrapping UGC or any institution is the remedy

needed for Indias higher education system.

The Higher Education and Research Bill, 2011, introduced in

the UPA regime, was discarded for non-consultation with states,
violation of institutional autonomy and so forth.

We need to evolve a fool proof system after consultations with

all stakeholders.
POVERTY AND HUNGER
FOOD SECURITY
1.
Write a critical note on the efforts made by India and their
success in reducing the proportion of food insecure persons
since 1990. Also examine future challenges that India faces in
eliminating hunger. (200 Words)
Economic productivity of a nation hugely depends upon the individual
well-being & food security of its citizens. The government has
addressed this issue using different strategies.
1.
Since 1990, schemes have generally had a "targeted"
approach. A network of PDS outlets distribute essential food grains
at subsidized prices to identified beneficiaries.
2.
Indirect approaches to address food security have also been
adopted. Under the MDM, ICDS, SABLA inter alia food of adequate
nutritional value is provided.
3.
For SC/ST/OBC food supplies have been directed to the
designated government hostels made for them.
4.
To ensure food security during crisis Village Grain Banks have
been established.
5.
For senior citizens under Annapurna scheme & for the most
deprived sections under Antyodaya Anna Yojana (AAY) food security
is ensured.

6.

NFSA gives the "right to food" to a sizeable portion of the

population.

However, despite consistent efforts, food security for many has

remained elusive. India is the most undernourished country in the world
today, according to recent studies. Although significant gains have
been made in ensuring food security in last decade but poverty &
hunger still remain a concern for about 1/5th of the population.
A number of challenges remain to be addressed
7.
Population is set to cross 150 crore mark and the agricultural
sector not growing at desired pace
8.
R&D for climate-resistant crops, better seeds, fertilisers and
irrigation methods to achieve 2nd green revolution
9.
Lack of warehouses and distribution channels. Shanta Kumar
panel recommends FCI revamp
10.
Use of DBT to curb inefficiencies and leakages
11.
Lack of employment is a big issue
12.
Govt is facing a dilemma between infrastructural spending
and social spending. NGOs like Akshay Patra should be encouraged
13.
Improper targeting due to lack of comprehensive socioeconomic census
14.
Lack of balanced diet in villages. Anganwadis should be
empowered to disseminate such knowledge
RANDOM
BONDED LABOUR

Recent Steps: (15/02/2016)

It is estimated that 1.4 crore workers in the country are

bonded labourers, one of the highest in the world, according to the
Global Slavery Index of 2014 released by the Australia-based Walk
Free Foundation.

Union government has proposed a major revamp of the

rehabilitation scheme for rescued bonded workers, raising aid from
the present Rs. 20,000 to Rs. 3 lakh.

The government has finalised a proposal to institute a threetier rehabilitation funding scheme, under which a rescued
transgender or disabled person will get Rs. 3 lakh, women or
children Rs. 2 lakh and adult men Rs. 1 lakh. Now, Rs. 20,000 goes
towards rehabilitation of a bonded labourer with an equal
contribution from both the Centre and the States.

Who all will be covered? Crores of children, transgenders and

others trapped in human trafficking, beggary or any such forms of
forced labour
According to recent Global Slavery Index, vulnerability of the
average Indian citizen to modern slavery is rated at 56.7 per
cent. Why do you think such high rate of vulnerability exists in

India? Also examine the role of NHRC in addressing the issue of

modern slavery. (200 Words)
Slavery or Modern day bonded labour(begar) is a service rendered to
master who pay very less or no money for service. Also, it is highly
difficult for labour to leave master at his will. This leads to servitude
and forced labour from generation after generation.
It is against Fundamental Right (Article 21, Right to dignified life.).
Though it is abolished under "Bonded Labour Abolition Act 1976", India
has highest number of slaves in number(1.42 Crore), following are
reasons for high rate slavery in India:

Economic and Education inequality along the caste line.

Tribals/Harijan/ Dalit and Lower caste people are more vulnerable to
fall for it under the guise of unpaid debt or unaware legal rights.
Extreme poverty in some areas like Kalahandi in Orissa where
many parents sell their children to brick kiln owner, bangles factory
owners and even to human traffickers.
Many low paid jobs are not mechanised in India which is minor
but one reason for making slavery lucrative in India.
Debt bondage is most prevalent in India because of
unavailability of alternate source of borrowing money.

Many institutions like National Institute of Rural Development(NIRD),

National Human Rights Commission(NHRD) and Centre for Education
and Research(CEC) have bonded labour elimination in their agendas.
NHRC role is prominent. Programmes by NHRC:

Grain bank in rural pockets where SC/STs are more prone to

fall for bonded labour during lean production season like summer
and rainy when harvest is not there or drought year. In grain bank a
family can loan grains and repay it in coming 4 years.

Citizen's call centre, where anyone can register complain of an

incident of slavery anywhere in India. NHRC officials will reach for
the labours who are bonded.

NHRC also carry surprise inspection in bangles factory, artisan,

fire crackers factories, brick kiln and other prone areas
HOUSING DEFICIT
Housing Deficit: of 18.78 million units and 95% of it is required for EWS
population which live in and around the urban center's (Poor living
conditions & Slum proliferation)
Government takes 18 months to clear one affordable housing project.
MHUPA in talk with Ministry of Finance, Defence, Culture, Civil Aviation &
Environment to set up a system for faster clearance. Centre is also talking
with states to reduce stamp duties, registration and conversion fees.

Single window clearance mechanism setup.

MoU between NHB, HUDCO with 140 lending agencies -> for extending
financial support to housing projects under Credit linked subsidy
component of Urban Housing Mission.
Main Hurdles:
1.
Shortage of land in urban areas
2.
Stringent land use regulations
3.
Inadequate infrastructure to support more housing neighborhood
4.
Rising cost of construction
5.
Insufficient financing
6.
Restricted mortgage financing and rent control law
Ministry aims to build 2 crore houses in urban areas by 2022.
What do you understand by 'affordable housing, especially in
urban areas, which governments strive to provide to urban poor?
Critically examine what constraints exist in providing affordable
houses to urban poor and how they can be overcome. (200
Words)
Urbanization in India is on the rise and solutions are searched to solve the
issue of slums. While China bulldozed over its slums in run to the Beijing
Olympics,
Indian
government
is
much
more
sensitive.
Providing affordable housing to the urban poor refers to construction and
shifting of urban poor into colonies according to their income profile.
Issues
which
rise
are:
1.
2.
3.
4.
5.
6.
7.

Selection of proper site. Since slums are mostly in the cities so

should be the housings else people may refuse to move. Proper
connectivity is a must to ensure economic survival.
Provisioning of facilities and maintenance. If not authorised, these
colonies may not have proper water, power, etc. All these require
advance planning.
Check on return. Many slum dwellers put allotted housings on rents
and return to the slums. This encourages others also and distorts our
data.
Long term sustainability of the idea as income profile of these
people keeps fluctuating. So transferring properties in their names is
better option than rents. Subsidies and loans can be given.
Keeping number of people living in housings in check as it may
attract more people and will itself become a slum.
Purchasing power of individuals should be matched to demanded
prices or to a certain minimum price.
Transparency in allotment and purchasing power of aspirants.

The government should ensure supply side interventions like envisaged

under JnNURM and Rajiv Awaas Yojana. The beneficiaries must be
identified before construction in a transparent manner and be allowed to
avail loans. This will ensure smooth process. On the other hand,
government should also undertake dismantling of vacated slums.
Critically examine why despite launching several housing
schemes for both urban and rural poor, there remain numerous
homeless people in India. (200 Words)
Homeless people constitute 0.19% of India's population according to the
2011 Census. This number does not include the poor who have managed
to build unstable tent like shelters. Thus, the actual proportion is likely to
be higher. While successive governments have launched many different
schemes to ensure housing for all, there are still numerous homeless
people due to the following reasons:
1.

2.
3.

4.

5.
6.

7.
8.
9.

Improper Formulation of Scheme - The schemes do not reflect the

ground conditions in India. Most of them like Rajeev Awaas Yojana (RAY)
have been based on interest subvention and subsidy. However, the poor
do not have the wherewithal to be able to raise their own mandatory
contribution for these schemes and hence are excluded from them.
Low allocations - The amount of money sanctioned by schemes such
as Indira Awaas Yojana (IAY) does not reflect market conditions and is too
low.
No monitoring of the schemes - Post roll-out, there is no monitoring
of the implementation. Whether people who claim the benefits of the
schemes actually utilise the money for building houses or whether that
money is siphoned off is not known.
Demand-Supply Gap - There is no incentive for private vendors to
cater to the low cost housing segment and the government cannot meet
the demand in this segment on its own. Thus, even when the schemes
work well, a large proportion of the population is excluded from the
benefits.
Problems with land acquisition - There are also problem related to
land acquisition for housing purposes. Which delays the whole process.
Stakeholders such as banks and local authorities are not taken into
account while formulating the policies and schemes. Banks refuse to
provide loans due to increase in bad loans due to interest subversion and
subsidy given
Municipal authorities are responsible for providing basic facilities to
the houses built, lack of co-ordination with them under the schemes has
resulted in weak habitations.
Increasing migration ; budgetary constraints; non substantive use of
technology and innovation and poor quality of building material used etc.
are important reasons for failure of these programs
Improper urban planning which restrict the vertical expansion by
imposing FSI rules.

10.
Non completion of Priority sector lending targets by the banks in
which loans were to be provided to the people of EWS.
11.
Corruption in allotment of houses.
12.
Rising cost of homes because of black money in real state.
Housing is a basic necessity and lack of housing has an impact on issues
like access to education, sanitation, nutrition etc. Recent initiatives like
Land Pooling Policy in Delhi and Gujarat should be scaled up and
incentives in the form of Viability Gap Funding must be provided to private
vendors to help them enter the low cost housing market. Such an
approach would be better able to increase supply and ensure that the
dream of Housing for All for 2022 is fulfilled.
A recent news reported that the ministry of urban development
had found that the funds set aside for schemes such as the Rajiv
Rinn Yojana, the National Urban Livelihood Mission and the Rajiv
Awaas Yojana are not being utilized. Critically examine why. (200
Words)
Non utilization of the funds earmarked by the Urban Development Ministry
has its roots in the lack of proper thought in design and implementation of
the schemes. Whenever populism dominates substance, results are
unsatisfactory.
Reasons for this situation 1.
Top down policy formation- Most of the policies having been forced
upon from top have resulted in schemes being launched without
preparing any ground. Launch of Rajiv Rinn Yojana without carrying out
necessary reforms and streamlining urban land management has not
been successful.
2.

Intermediaries out of consultation process- Similarly, intermediaries

(e.g. banks) have been left out of consultation, resulting in their
reluctance to offer loans to EW and LIG groups due to non-viability of
business
(
more
than
25%
less
RoI).

3.

Unsustainable and impracticable schemes- Schemes like Jan Dhan

(insurance and over draft), Jan Suraksha and Jivan Jyoti (very low
premium compared to coverage) are unsustainable and are mostly
populist measures. Of course, banks have few incentives to implement
them.

4.

Lack of awareness and prevalence of illiteracy- Since most of the

targeted beneficiaries are from disadvantaged sections, a sound and
exhaustive awareness campaign should have helped.

In order to really tackle any problem, wide ranging consultations are

required between all the stakeholders - the target population, the
implementing agencies, the political class etc. Only when there is an

appreciation of the requirements and on ground conditions along with

acceptability to all the stake holders could any such scheme become
successful in its objectives
INDUSTRIAL SAFETY
We have a good legal framework in the form of:
Factories Act, 1948
Employees Compensation Act, 1923
Contract Labour (Regulation and Abolition) Act, 1970
Employees State Insurance Act
But there are lapses in implementation For ex significant shortcomings in
ESI facilities and in recruitment of doctors; lack of basic amenities and
equipment at ESI designated facilities and often apathy among the ESI
officials in monitoring overall ESI service delivery process.
Stakeholders in workers safety are:
Doctors
Immediate supervisor of accidents workers
Owners/heads of factories.
Training to worker is a formality.
NRI SAFETY
1.

"Indian workers send home the world's highest amount of

remittance income, but there is no migration policy to protect
them at any stage of their journey abroad and back." Examine.
(200 Words)
When it comes to migration to foreign countries, broadly there are 2
types of migration. Firstly, one in where educated people have
resources or accessibility to resources. Secondly, people who don't find
adequate employment opportunities in India
In the first case, the role of state is minimal, whereas in second one
people face multiple problems, which are mentioned below:
Onward Journey
1.
Indian workers going to middle east are exploited by travel
agents as there is huge asymmetry in information and at times it
becomes difficult to understand whether agent is registered or not
2.
Distress migration happens to Gulf especially from Telangana
region, this is a matter of huge concern
Destination

3.

Living conditions especially those of workers in construction

industry is worse, many Indian workers are stranded in the jails as
they aren't aware of law of the nation and lack of proper judicial care
renders them vulnerable
4.
Their only hope remains Indian Embassies which follow
uniform policy across countries irrespective of number of Indians
staying over there, these embassies need to be realigned as per the
growing needs of migrants
Rehabilitation
5.
Workers who return back home or who are planning to return
back home need to find good employment opportunities locally. But
no such efforts on government have been made for connecting
these people with the market. Government of AP, couple of years
back attempted to map the skill set of people returning from Gulf
and planned to enhance their skills and connect with market, but
project didn't take off
OROP
It is argued that the cost of implementation of "one rank, one
Pension", or OROP would be huge. Do you think, if it is true,
should
it be implemented? Critically comment. (200 Words)
One Rank One Pension means equal pension to all defence personnel of
equal rank serving equal duration in service. The cost of implementing
OROP is likely to be 19000-20000 crore rupees. However the government
has provided only 1000 crore in the Union Budget for this purpose.
OROP should be implemented without delay for the following reasons
1.
Service provided by defence forces- India's defence forces have
performed commendably in meeting all emergencies-war, terrorism or
natural calamities. There should be no delay in implementing OROP
2.
Inadequate pension- The pension received by veterans is not
adjusted to subsequent Pay Commission recommendations, leading to
disparity in incomes of those retiring in different times. Inflation and
vulnerability in old age requires they be given higher pension.
3.
Lateral transfer of personnel-Lateral transfer of Armed Forces
personnel into suitable government jobs after the end of their military
service will reduce the OROP bill in the future.
4.
Tax on super rich-2015 Budget included a 2% surcharge on the
super-rich. This is expected to yield Rs 9000 crore which can be set aside
to partly finance OROP.
Critically examine why there is a demand for the implementation
of One Rank One Pension (OROP) principle by the veterans of the
defence services and the government's response to this demand.
(200 Words)

Presently, there is no parity among the defence personnel of the same

rank in their pension allotments. That is, two defence personnel having
retired on the same rank and same tenure may get different pensions
depending upon the last drawn salary. Since the salaries are updated on
the recommendations of pay commission, the personnel retiring later are
getting more pension, even double, than the ones retired earlier.
Given that inflation hurts people equally, the defence personnel, who
retire earlier than civilians and have to sustain on constant pension
income for larger period are more hit. And those defence personnel who
are getting even lesser pension, coupled with their old age, are the worst
hit. It is in this context that veterans are asking pension on the basis of
rank, which will bring parity.
There is no doubt that the demand is just and Government must bring
One Rank One Pension as soon as possible. Despite efforts by various
governments, the scheme could not come to its logical end due to
following reasons:
1.
Financial costs of the tune of 8000 crore rupees are huge and given
the fiscal deficit, it has been difficult to accommodate the pension bill.
2.
There are huge administrative costs associated in identifying the
beneficiaries and disbursing the benefits to about 25 lakh ex-serviceman.
However, Aadhar linked bank accounts will help.
3.
There are chances that other paramilitary forces will demand for the
same benefit and government's fiscal position is not ready for the same.
Government needs to allot money for the social security of one of the
most important community which is on the verge of marginalisation due
to political apathy. Any deficiency will result in overall degradation in the
morale of military personnel which will not be a good news for India.
[Other sectors of govt. employees like fireman, police force and even civil
servants will demand it too considering it as injustice against them. May
be civil servants do not come under the criteria of risking their lives but
Police forces and Fireman can claim the same. It will be a myriad for NDA
to get out of it safe without losing confidence of valuable supporters.]
PRISON REFORMS AND UNDERTRIALS
Facts:

SC : Jails are overcrowded by 150%

According to official data, two of every three persons incarcerated in

India have not yet been convicted of any crime

The number of convicts in jails grew by 1.4% from 2012 to 2013, but
the number of undertrials shot up by 9.3% during the period

Men make up more than 90% of all prison inmates. Nearly 2,000
children of women inmates live behind bars, 80% of those women being
undertrials
In your opinion, what constitutes prison reforms? Critically
examine what efforts have been made to reform prisons in India.
(200 Words)
Prisons of India are still widely managed under prisons Act of 1894.This
colonial legacy continues to plague the Indian prisons even after six
decade of Independence.
A look at the prison problems will help in understanding what constitutes
prison
reforms in India.

Prison problems:
1.
Overcrowding: This creates various types of problem. This is also
exacerbated by high pendency ratio of various cases. More than 3 crore
cases are still waiting for final adjudications, many of them are of
criminal types. Issues of under trials remains one of the biggest
challenge.
2.
Corruption, discrimination and inequality: Not all prisoners are
treated in same way. Politicians get better treatment, whereas general
public have to undergo inhuman conditions.
3.
Sanitation, unhygienic food and health problems: No serious effort is
taken about basic human rights once a person falls behind the bars.
There is lack of sanitation and many times food offered is not worthy of
even offering to the animals. There are cases of sexual violence,
especially in isolated environment people tend to forget all boundaries.
Homosexuality leads to possible HIV/STD cases. For women prisoners
custodial sexual exploitation by fellow prisoners and male security guard
is also prevalent. There is a clear lack of respect for human dignity here.
In 1994, an IPS officer Kiran Bedi tried to offer condoms to prisoners to
control STD cases, but it was taken back due to huge protest seen
thereafter.
Keeping in mind these challenges, Government of India has taken many
steps to carry out prison reforms. In Pre-independence era many prison
committees were set up for this purpose. Even after independence
committees like Mulla committee and Krishna Menon committees of 80's
offered great insights into prison reforms. The approach so far has been
piecemeal and no serious overhauling has been done. The investigation
by NHRC suggests the above findings.12th FYP has offered a sizeable
chunk of money for prisons infrastructure and for improving prison
management, but results are yet to be seen.

Critically comment on the condition of women prisoners in Indian

prisons. (200 Words)
The condition of women prisoners in Indian prisons is a matter of great
concern. They face a lot of issues which need to be addressed by the govt
immediately. Some of the issues faced by the women prisoners and
corresponding solutions are as follows:
1.
2.

3.
4.

5.

6.

7.
8.
9.

Prisons are already overcrowded. Soln: Building enough prison

infrastructure for the cell inmates must be a priority for the govt:.
Exploitation of women prisoners physically and mentally which even
result in deteriorating mental conditions of women prisoners. Soln:
Posting enough women police officers in women cells will be a good step
to stop this menace. Interrogations should be recorded and made be
available to the courts for inspection.
No adequate health care facilities in prisons. Soln: It must be taken
care that a woman doctor is available at every women prisons and
should be ensured that the services must be available 24 hrs.
More than half of the prisoners are not convicted prisoners. And
many of them are in prisons for petty cases. Soln: Steps must be taken
to ensure that the cases are resolved at a faster rate. Setting up more
fast track courts and evening courts would be good step in this
direction.
Lack of opportunities and skill development. Once women prisoners
are out of jail, they find it very difficult to make a living, as most of them
are uneducated and devoid of any skills. Soln: Jails should take steps to
provide opportunities and make initiatives to develop prisoners skills, like
the example of Trivandrum jail authorities, where they started a large
scale Idli producing unit which helped the jail inmates to make money for
their personal use.
Devoid of opportunities for children of women prisoners. Soln:
Children of women prisoners, who end up in jails , should be provided
with ample opportunities for their education and development in all
aspects.
Social Stigma: The family members are unwilling to aid or support
the female prisoners ,leading to most of the women stay in the prisons
despite of their term being over.
Most of the female prisoners are ignorant of their rights to get bail
and languish in jails even for petty crimes.
Lack of sanitation: It's also observed that, sanitation and hygiene is
in pathetic condition in the prison. Number of bathrooms are very less
adequate as compares to the number of prisoner, In particular cases, it's
just 2 for 150 prisoners.

These are the findings of a study conducted by National Commission for

Women which reveal worst performances by Chhattisgarh police with over
3000 complaints of human rights violation against them.

The Government of India must take cognisance of the issue and provide
basic necessities in jail like health facilities, education, and humane
conditions of work, rehabilitation for the victimised and constitutional
safeguard against physical abuse by government authorities followed by a
speedy trial process. Empowering of National Commission for women and
National Human Rights Commission beyond their advisory jurisdiction and
granting them more autonomy to deal with such cases. The role of media
and civil society is to act as pressure group.
It is found that a little over two-thirds of the total number of
jailed people in the country's jails are undertrials. Critically
examine who are these undertrials? Why do they languish in jails?
How their rights are infringed upon? And suggest what
government and concerned authorities should do to address this
issue. (200 Words)
As per NCRB data, under trials prisoners account for nearly 67% of total
population in Indian jails. They are those prisoners who are suspect or
accused and not convicted (presumed innocent) but are imprisoned as it
is assumed they are either too dangerous or can impact the probe.
Reason for the Languishing:1.
Sec 436A of the CrPC provides that an under trial who has served
half of the maximum punishment for which he is charged then he should
be released on bail. However this is not implemented properly.
2.
Lack of awareness about the rights and Lack of the legal aid.
3.
Even if someone know the Rights than also in no position to pay the
bond value.
Undertrials are denied right to equality (Article-14).For same crime
committed one who can afford bail and has resources gets bail on the
other hand one who lacks it serves as undertrials.
Right to life and liberty (article-21 right to fair and speedy trial) of
undertrials is violated.
Higher percentage of Muslims, SCs and STs to their overall population is
incarcerated as under-trials.
Section 62(5) of the Representation of the People Act, 1951 governing the
"right to vote", stipulates that no person shall vote in any election if they
are confined in a prison or is under lawful custody of police. (but those on
bail can vote)
The suggestions in this regard are strict implementation of CrPC 436 -A
freeing those undertrials who have served half of maximum sentence on
bail even without bond, setting up of special courts in prison taking up the

cases of undertrials on fast track basis, involving NALSA for those who
cannot afford a lawyer or furnish bail amount,
Reforming criminal justice system itself such as removing the dilatory
procedures, amending the rules to finish the case in a time bound manner
,increasing judicial infrastructure among others.
"As undertrials continue to languish in Indian jails, only
humaneness in prison reform can alleviate their condition of
unfreedomand set free their creative genius." Critically
comment. (200 Words)
According to National Crime Records Bureau (NCRB) statistics, in 2013,
there were 4.11 lakh inmates in Indian Jails. Out of these 2.78 lakhs were
undertrials. Thus, around 70% of inmates in Indian jails are undertrials,
many of whom might not even be guilty of crimes they are accused of.
Prison reform has been a much neglected issue in India. While there have
been many committees including the Justice Mulla Committee (1980), RK
Kapoor Committee (1986) and Justice Iyer Committee (1987) their
recommendations have continued to gather dust.
Even without the problem of overcrowding and the specific problem of
undertrials, jails in India are horrifying places that serve to harden the
criminal tendencies instead of attempting to reform a prisoner.
The following steps need to be taken to ensure that our prisons achieve
the objective of reforming a prisoner.
1.
A survey of the undertrials population. In cases where the accused
has spent more time in jail than the maximum punishment for his crime,
the accused should be immediately released.
2.
In cases, where the undertrials has spent more than half the
maximum jail time, they must be released on a personal bond in
accordance with section 486 of the Criminal Procedure Code.
3.
Separation of criminals and undertrials in jail.
4.
Classification of crimes into normal, violent, heinous etc. Then
criminals of different categories could be segregated based on the
seriousness of their crime.
5.
Basic facilities in jail to ensure skill development of a criminal, such
that he/she can earn a basic living once his term of punishment is over.
6.
Having a proper policy for parole and furloughs and disseminating
information about the same to prisoners so that everyone can exercise
this right.
7.
Having a proper policy of rehabilitation of criminals in society as
productive members. Initiatives like a restaurant staffed by Tihar Jail
inmates could be duplicated elsewhere in the country.

All these do not need any expenditure but requires only a humanistic
approach by the jail authorities. What Kiran Bedi did in Tihar jail, stands as
an example to emulate. It is high time that we reform our prisons to be
correctional and reform homes which can reform hardened criminals into
productive members of the society, instead of doing the reverse.
RETIREMENT SAVING
India has a long history of retirement savings products.
Unfortunately, this history is one of allowing continuous fitful
additions by different players. In the light of the statement,
critically comment on the post-retirement savings products
scenario in India.
(200 Words)
History of Retirement saving products in India: Introduced by British
in 1880s for civil services, later extended to various other public sector
services like Railways, Telegraph etc. After Independence benefits
extended to private sector as well. However mostly organized sector
people
are
covered
under
various
retirement
products.
Current
1.

Scenario

Pension for various sector Employees:

a.
Government Employees/PSUs/ Government. Banks : For
Government sector employees 3 kind of retirement benefits are
there.
i.
Gratuity and General Provident Fund: provided as lump
sum at retirement
ii.
Monthly
pension
after
retirement.
Remark: So overall a gud structure is there to take care of govt.
employees.
b.
Organized sector Pvt. Employees: Recently contributory PF is
compulsorily being deducted to provide a lump-sum at retirement
time. Monthly Pension is not there. However an employee may
voluntarily opt for monthly pension by subscribing to various market
products like LIC, NPS etc.
c.
Old age pension schemes: welfare policies of govt. like
Rashriya
Bridhavasta
pension
yojana.

2.

Players: Govt. + Pvt. both like EPF, GPF, CMPF, LIC and various
insurance
companies
provides
a
variety
of
products.
Challenges:

1.

Low return on pension products : as pension products don't invest in

mutual funds or other risky adventures.
2.
Unorganized sector workers are left out of it.

3.

Poor Investment in pension sector ; a high amount of FDI is needed.

Solution:
1.

A comprehensive national policy should be there to promote pension

sector.
2.
Pension products should be encouraged to take risks so their
operations could be viable.
3.
Govt. also may take leading step as it has recently took in JAN DHAN
YOJANA by providing insurance cover.
It is argued that a properly crafted universal pension scheme will
increase the coverage of pension without putting stress on
government finances. Critically examine the need for such a
scheme and feasibility of making it universal. (200 Words)
Need for a universal pension scheme
1.
Elderly population is vulnerable section of society. Elder people have
health problems related to physical disability, mental unstableness,
chronic diseases etc. These health problems have financial implications.
2.
Another problem related to old age is feminization of elderly. Female
live longer than their male counterparts. Female have even less financial
power and face more vulnerability.
3.
Currently IGNOAPS, NPS-lite and NPS-swawlamban are some of
pension schemes. Most of the pension are for organised sector or are
voluntary. These all schemes cover barely 30% elderly population.
4.
The demographic profile of India will not last forever and in future,
india will have more elderly population
5.
Large number of persons work in unorganised sector without any
social security
6.
Indian society is moving towards nucleated-family structure and
senior citizens are facing many problems due to lack of any financial help
and lack of family care.
7.
The huge requirement of capital to generate infrastructure and
productive processes.
8.
Low penetration of Health Insurance Schemes
9.
Inefficient Public Sector Healthcare. Expensive Private Sector
Healthcare
10.
Need for financial inclusion
The scheme is highly feasible due to low premium rates and also given the
huge
population of India will result in increased investment in projects. Gains
from these will ensure that there is no strain on fiscal account of govt at
the time of payment. Administrative cost will be reduced in case of
universal pension scheme. The financial feasibility will be increased by
linking the bank accounts and savings with pension schemes. FDI in

insurance can also help. Propagating financial literacy is also important to

ensure feasibility.
SC ST SUB PLAN
Highlight the salient features of SC/ST sub-plan. Review its
implementation on the ground and suggest measures to correct
the
inadequacies. Make a case for bringing about a legislation for
SC/ST
sub-plan to ensure funds are not diverted for other purposes.
(200
Words)
In spite of the Constitutional safeguards and developmental planning
launched, the SCs and STs are lagging behind the general population in
various socio-economic indicators. So, the Government took a shift from
trickle down approach to direct targeting approach of development by
mandating a planning process for the social, economic and educational
development
through
SC/ST
sub-plan.
Salient
i.
ii.
iii.

Features-

Envisage fund allocation and channelizing the flow of outlays and

benefits both in physical and financial terms
Ensuring socio-economic development through infrastructure
development, educational activities, etc.
Protection of STs against exploitation through legal and
administrative
support
Implementation

i.
ii.
iii.
iv.
v.

Inadequate allocation of funds as per the SC and ST population in

the States,
Non-utilization of even the allocated funds,
Diversion of SCSP and TSP funds to other sectors at the end of the
annual plan,
Implementation and administrative bottlenecks
Improper
delivery
mechanism
at
the
field
level.
Measures

i.
ii.
iii.

issues-

to

correct

the

inadequacies-

Earmarking the funds according to population and developmental

needs along with outcome-based budgeting
Ensuring timely release of funds and proper implementation with
strict monitoring and review mechanism
Funds should be made non-divertible and non-lapsable

Thus, not just mere fund allocation but a comprehensive legislation for
SC/ST sub-plan should be brought up to plug the above lacunae along with
empowering National Commission for SCs and STs as the nodal agency to
look into its working and ensuring its implementation in letter and spirit.
SENIOR CITIZENS

Facts:
The percentage share of people aged above 60 years is only 8.6%,
in absolute terms
They constitute more than 10.4 crore persons (3 times Canada
population)
Proportion of people aged 60 or above expected to double between
2015 and 2015. By 2050, 2 in 10 people will be 60 years or older.
Increased life expectancy due to advances in medicine is one of the
major reason.
(09/04/2016)
Mohini Giris report on welfare of senior citizens, which was given in
2011. No action taken
SC has asked the Centre for a roadmap to provide them basic
facilities like shelter, food and healthcare
65% of the elderly in India are dependent on others for their
financial requirements and undergo financial crisis.
Concerns:
Need to ensure healthy, meaningful & dignified life.
Government must ensure policies that enable older people to
continue participating in society.
The stereotype of older people as frail and dependent is not correct.
Many contributions are often overlooked while their needs and demands
are overemphasized.
There are several welfare schemes for the elderly but successive
governments lack of concern and lethargy towards this section of the
population had rendered these schemes non-operational and defunct
over the years.
Besides, no money is allocated by big companies under the
corporate social responsibility head
Major issues faced by elderly:
Elder Abuse
Economic Dependency
Failing Health
Emotional Dependence

Actions:

Align health system with needs of older people

Develop system to provide long term care

Ensure everyone can grow old in an age-friendly environments

Devise new methods to address age related issues
Elderly should be seen as a resource:
The elderly should be seen as a blessing, not a burden. The elderly are
becoming the fastest growing, but underutilized resource available to
humanity. Rather than putting them aside, physically (and mentally), to be
cared for separately, they should be integrated into the lives of
communities where they can make a substantial contribution to improving
social conditions. The benefits of turning the problem of the elderly into a
solution for other social problems is being demonstrated in several
countries.
Vietnams example:
In Vietnam, Old Peoples Associations (OPAs) are improving the lives of the
elderly in many parts of the country. In a country of 90 million people, as
many as 8.5 million are members of OPAs in their village and town
communities. The associations are democratically run by the elderly in the
communities. They set their own agendas, choose what community
causes to apply themselves to, which elderly persons need special
assistance and assign responsibilities among themselves. They represent
the needs of the community and the elderly to government agencies, who
also see them as a vital support for the governments outreach
programmes into communities.

How elderly can be utilized:

1.
Elderly can act as jury in courts, help youth overcome problems of
drugs, violence; share their life experience like PM asking all retirees to
save their work experience for newcomers;
2.
Can act as moral guides for community causes like Swachh Bharat
Abhiyaan, counsellors etc. and thus monetise and channelize their social
capital.
3.
Can act as ambassadors of their community in traditions, various
decentralised decision making process and social audits. Old People's
Associations OPAs in Vietnam are great example of cooperative way of
functioning.
Thus they are of large value to the society. Schemes targeting their
health, insurance, etc. should be given more boost so that their worth is
utilised in economy and dependency issue is also addressed. Geriatric
care like Atal Pension Yojana, Vrishha Pension scheme, National Health
Protection Scheme etc. are good examples. Incentives should be given for
penning down their life experience and being visitors in nearby
educational institutes.
Ageing is becoming a major social and policy issue in India.
Critically analyse the mutual relationship between Ageing and its
impact on aged parents or grandparents, working women and
children when they are living together in Indian homes. (200

Words)
Modernisation and Urbanisation is pushing Indian society from Joint family
to Nuclear Family. Due to increasing average age and rising population old
age people has become a crucial issue of discussion. It impact on:
1.

Old age people: Old age people do need physical and emotional
support in this age. Family having women, children can act as major
source of such support to them. Geriatric care is very crucial otherwise in
this
age
the
physical
capacity
is
very
low.

2.

Working Women: After giving birth to kids they have to return back
to their job and for that Old age people can act as a major support.

3.

Children: Working parents cant give so much time to their children.

Grandparents can ensure that right socialization and ethical values are
getting
incorporated
by
children
in
this
age.

Govt. has launched Atal Pension Scheme; Geriatric care is included in

NRHM. But large numbers of grandparents suffer from insufficient care
being taken by their son, daughters. The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007 was step in right direction but lack
of stringent provisions has resulted in low success of such provisions.
Working age population holds resources and has responsibility to ensure
care of their parents. The lack of care of old age person clearly shows lack
of values and ethics among young population. We need to make some
long term steps like changing our education system and making all
citizens realise the importance of old age parents in our life.

SCHEMES
AMRUT

About

mission:

Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is

the new avatar of the Jawaharlal Nehru National Urban Renewal Mission
(JNNURM). But, in a significant departure from the earlier mission,
theCentre
will
not
appraise
individual
projects.
Details

AMRUT

of

the

Mission:

AMRUT adopts aproject approachto ensure basic infrastructure

services relating to water supply, sewerage, storm-water drains,
transportation and development of green spaces and parks with special
provision for meeting the needs of children.
Under this mission,10% of the budget allocationwill be given to
states and union territories as incentive based on the achievement of
reforms during the previous year.

AMRUT, which seeks to lay a foundation to enable cities and towns

to eventually grow into smart cities, will be implemented in 500 locations
with apopulation of one lakh and above.
It would cover some cities situated on stems of main rivers, a few
state capitals and important cities located in hilly areas, islands and
tourist areas.
Under this mission, states get theflexibility of designing
schemesbased on the needs of identified cities and in their execution
and monitoring.
States will only submitstate annual action Plansto the centre for
broad concurrence based on which funds will be released.
Central assistance will be to the extent of50% of project cost for
cities and towns with a population of up to 10 lakhs and one-third of the
project cost for those with a population of above 10 lakhs.
Under the mission, states willtransfer funds to urban local bodies
within 7 daysof transfer by central government and no diversion of funds
to be made failing which penal interest would be charged besides taking
other adverse action by the centre.
BETI BACHAO BETI PADHAO

19/04/2016
The scheme is designed to address the issue of declining Child Sex
Ratio and related issues of disempowerment of women through a life
cycle continuum.

The main objective is to prevent gender biased sex selective

elimination by strict enforcement of laws with stringent punishment to
violators.

It was launched by Prime Minister Narendra Modi in January 2015

from Haryana in 100 districts of the country to address the issue of
declining Child Sex Ratio.

The Union Ministry of Women and Child Development (WCD), is the

nodal agency for the implementation of the scheme.

EVIDENCE BASED PROGRAMME DESIGN

Flagship development programmes in India have not been

designed or modified based on evidence from evaluations. With
examples, discuss why it is important to launch development
programmes after thorough evaluation of their feasibility and
impact and how the negligence of this aspect has affected
development process in India. (200 Words)
India is a land of bold social welfare programmes but they share one
common disadvantage which is lack of empirical validity. Though all
programmes are high in hopes but fail to yield results because once
launched they become political party flagship programmes and ego image

and

hence

resistive

to

change.

Some examples and reasons for pre-evaluations of programmes are:

1.

India has vast populations and inequalities. Same programme

doesnt work for all regions. Hence pre-evaluation is important to analyse
region based needs and tailor made programmes as per the region. For
ex. Kerosene in PDS provided all over India, though in 95% area of India
is electrified and doesnt use kerosene for domestic purpose. Hence, all
kerosene ends in black market. Kerosene should only be provided in unelectrified
homes
regions
and
not
to
all.

2.

NREGA is extended to all over India, but it has shown negative

impact in agricultural belt where there was no unemployment earlier.
Here, now all agricultural labour are using NREGA for cash and
Subsidised grain for food. No one is interested in farm labouring leading
to huge loss to plantations, orchards, and big farmers. NREGA should
have been only provided to high unemployment and poverty area.

3.

Towns near to capital of state only get more attentions like Public
health care, functional PDS and all. But far flung areas are often avoided.
Hence, near to capital area are now well doing, but far areas are not. So,
government should now focus in reverse.

This examples shows that, there is need for pre-evaluation and analysis
before implementing Policy in ground zero.

It is argued that a development policy based on a more realistic

understanding of how human beings think, decide and behave
can
make development interventions more effective, and help us
tackle
challenges. Discuss with examples. (200 Words)
The dominant socio-economic development paradigm has been top-down
ignoring
human needs, behaviour and action. Simplistic parameters of monetary
poverty lines
quite clearly demonstrate how insensitive such data can be to povertystricken masses. The example of people not using toilets despite owning
them demonstrates why attitudinal change is a prerequisite for policy
effectiveness.
In this post-modern era, where information generation and analysis has
exploded, it would be beneficial to include human behaviour and attitudes
towards policies, into policy formulation and conceptualization process to
predict why a particular policy will be a success and other may not.

Many examples show that understanding a recipient at personal level is

long overdue
in policy cycle.
1.

Participatory potential: several cases of success at local level,

RWAs, social audit showcase that every citizen is entrepreneurial,
regardless of socioeconomic status. Building capability by reserving
seats for women has encouraged other women to follow suit.
2.
Role models: spreading awareness regarding schemes, enlisting
entitlements in simple language, using celebrities for campaigns like
tourism (Aamir Khan), health (Amitabh Bacchan for pulse polio
campaign) - all indicate how suitable role models and sending constant
reminders will help recipients particularly who lack financial strength
3.
Rewards and recognition: for successful initiatives like Nirmal
Gram Awards (for sanitation), scholarships for backward classes can
inspire others as well. The recent 'Selfie-with-daughter' campaign
launched in a Haryana village and positive response it evoked is another
example.
The behaviour of recipients of Govt schemes if analysed and
corresponding policy changes made, can ensure better realization of
desired goals. However, care must be
taken to not to turn it into purely technical act.
[After individuals were exposed to women leaders through reserved seats
in gram panchayats in West Bengal, Girls in those villages also increased
their aspirations, the gender gap in adolescent education was erased, and
girls spent less time on household chores. This example points to the
importance of role models in lifting aspirations.
In Rajasthan, in the context of an initiative to supply reliable immunization
providers, some randomly chosen households received small non-financial
incentiveslentils and thalisto immunize their children.
Female sex workers often face considerable stigma and exclusion. A
programme in Kolkata built self-esteem. After just eight weeks, women
who participated in the programme were more likely to choose a futureoriented savings product and to have visited a doctor, even though the
training programme included no specific mention of health issues]
GRAM UDAY SE BHARAT UDAY ABHIYAN

15/04/2016
Gram Uday Se Bharat Uday Abhiyan (Village Self Governance
Campaign)

The campaign was launched onthe 125th birth anniversary of

Babasaheb Ambedkarat his birthplace.

The aim of this campaign is to make nationwide efforts to

strengthen Panchayati Raj and through it, boost social harmony in the
villages, promote rural development and foster farmers welfare &
livelihoods of the poor.
The campaign will be run jointly by the Ministries of Rural
Development, Agriculture, Social Justice, Labour and Information and
Broadcasting along with the States.

NOTE: Content is not important. But name is important and the name can
be used in

conclusion of GS answers or

in Public Administration PRI related questions or

In Essays
JAN SURAKSHA YOJANA

The union government is set to launch two insurance schemes,

along with one for pension, under the Jan Suraksha Yojana.
Examine the objectives, features and viability of these schemes.
(200 Words)
Government has recently launched Jan Suraksha Yojana. This is a measure
for social security. Under it there are three schemes two are insurance
schemes and one is pension scheme.
1.
Suraksha bima yojana this is accident death insurance scheme.
2.
Jiwan jyoti bima scheme this is life insurance scheme
3.
Atal pension scheme this is new pension scheme.
Objectives of this Jan suraksha yojana
1.
To provide social security to people at low cost
2.
Financial inclusion
3.
Use the money (got from these schemes) for productive use
Features of this yojana:
1.
Affordability: through low premium; Rs 12 a year for accident
insurance and Rs 330 for life term product; cover of Rs 2 lakh on each;
even BPL can buy coverage.
2.
Financial inclusion: subscriber must have a bank account; which is
linked to an auto-debit facility.
3.
Focus on unorganized sector: through Atal pension Yojana; provides
fixed minimum pension between Rs 1000 to Rs 5000 per month to start
at age of 60 years; depending upon contribution exercised between age
of 18-40 years.
Concerns:
1.
While these schemes may swell up business volumes due to very
low premiums, the pricing may not be sustainable in the long run. In the
event, premiums are increased, renewals might not be forthcoming.

2.

If the scheme fails to attract large subscriptions, claims settlement

and post policy service handling are expected to face issues
3.
While the schemes are mandatory to be offered by public sector
insurance companies, it is optional for private insurers. This defeats the
purpose of universality of these schemes.
4.
Overburdened banks: will have to devote additional manpower to
take care of claims.
While a welcome step, given the dearth of insurance products for low
income individuals, the above concerns about the initiative's viability need
to be addressed.
Critically comment on the design, objectives and potential of
recently launched Atal Pension Yojana (APY). (200 Words)
Aimed at providing social security to the unorganized sector in India which
constitutes a whopping 86% of the total working population Atal Pension
Scheme (APS) is more or less on the same lines as initiatives like Rajiv
Gandhi Equity Savings Scheme (RGESS) and Swawlambhan Yojana.
Design:
1.
Any India between 18 to 40 years of age who is not a member of
any statutory social security scheme and who invests for a period of at
least 20 years will get a fixed pension of 1000-5000 a month from 60th
year till they die.
2.
Government will contribute 50 % of the subscriber's contribution or
Rs. 1000 a year whichever is less, for a period of 5 years, the
contribution will vary with the age.
3.
Interest rates earned during accumulation and withdrawal stages
are around 7%.
4.
On non-contribution for a period 6 months accounts will be frozen,
for 12 months accounts will be deactivated and for 24 months accounts
will be closed, while constantly attracting fines for the full period of nonpayment.
Problems:
1.
Non-marketability: due to very less returns the intermediaries will
have no incentive of selling APS, so it solely depends on the eagerness of
the investors.
2.
Low return on investment if inflation is taken into account the
picture becomes worst. For most of those living in urban areas, a pension
of Rs5,000 per month will be insufficient. For example, for a 40-year old
who will have 20 years till retirement, a pension of Rs5,000 will be worth
just Rs1,292 i.e. Rs40 per day. This is assuming a very 'conservative' rate
of inflation of 7%. We all know that the rate of inflation will be much
higher in urban areas.
3.
The growth rate of the corpus is still lower than the one-year bank
FD rate which is around 8%-8.50% p.a.

4.

Though laudable but the discipline with which contributions are

expected and penalties are imposed will discourage the rural working
population 85% of whom are much below the minimum wage.
5.
Near sighted rural poor would not find it lucrative to invest for 20
years and reap benefits for an uncertain period ranging from 6-7 years.
(Life expectancy of India being 67, which is even worse in case of poor)
Though the schemes objectives a very noble to provide a security net to
the poor and has a lot of potential given the vigour the government wants
to push the scheme, but the above bottlenecks if ignored can prove major
stumbling blocks, in the smooth implementation of the scheme.
Critically analyse the merits and demerits of recently launched
Suraksha Bima Yojana and Jeevan Jyoti Bima Yojana schemes.
(200 Words)
The Government of India launched two social security schemes Pradhan
Mantri Suraksha Bima Yojana and Pradhan Mantri Jeevan Jyoti Yojana.
Suraksha Bima Yojana provides accidental or disability insurance cover of
2 lakhs for people between 18-70 years at a premium of Rs. 300 per
year.
Jeevan Jyoti Bima Yojana will provide life insurance cover of 2 lakhs to
people at a premium of Rs. 12 per year.
Merits:
1.
Low and affordable premium rates
2.
Forms are easy to fill and will be easier for rural people to fill them
and get them enrolled.
3.
Government is acting as a facilitator and subscriber is paying for it.
So government is not again paying like we had done from Independence
for vote bank and not putting much load on government finances.
4.
It will help in financial inclusion as lot of people will not have to pay
for health related issues now. So a burden will go down.
Demerits:
1.
No medical test: Currently insurance companies are not doing any
medical tests for subscribers but they are taking a self-declaration from
the applicant that he or she does not suffer from medical issues.
2.
Lot of people don't read these instructions and they themselves
don't know about their diseases. So lot of people will not get their claims
later on and these insurance companies will deny it.
3.
There will be lot of false claims but rural people and government is
pushing on the insurers to waive the usual process of investigating
thoroughly deaths within one year of buying the policy. Many times there
are lot of foul plays both by people.
4.
Attitude of insurance companies is such that they look for every
possible way to deny the claims .They simply follow this motto of "deny if

you can, pay if you must". They apply this day in and day out to even
well-educated people. Many times they change the terms, insured
amount and lot many frauds.
5.
Jeevan Jyoti Scheme lapses when you cross 55 when it is most
needed.
6.
After 3 years or due to unforeseen circumstances like many claims,
the premium rates of Jeevan Jyoti may well go up or the government may
have to subsidise then.
7.
The process of locating the nominee would be tough task as well
due to most targeted people being migrant labour
JSY

About:

Centrally sponsored scheme

Objective of reducing maternal and infant mortality by promoting
institutional delivery among pregnant women.
Under the JSY, eligible pregnant women are entitled for cash
assistance irrespective of the age of mother and number of children for
giving birth in a government or accredited private health facility.
Achievements:

Beneficiaries under Janani Suraksha Yojana has increased manifold

i.e. from 7 lakhs beneficiaries in 2005-06 to 1 crore in 2013-14, indicating
high awareness levels among the pregnant women about the scheme.
About 9 lakh ASHA workers get performance based incentives under
JSY for motivating pregnant women to give birth in a health facility by
creating awareness about the scheme.
Further, out of the total beneficiaries reported in 2013-14 large
majority (nearly 87%) of JSY beneficiaries are from rural background
Shortcomings:

In many states women go for institutional delivery for the sake of

cash incentives, with very limited real benefits in terms of natal or postnatal care. Need is to create ecosystem of Effective care covering each
aspects of child birth.
National Council of Applied Economic Research study:
JSY has led to reduction of prevalent differences in access to
maternal care between individual people of higher or lower
socioeconomic status.

It has led to enhancement in utilisation of health services among all

groups especially among the poorer and underserved sections in the
rural areas.
Utilisation of all three maternal healthcare services was remarkably
higher among illiterate or less educated and poor women.
Usage of all three maternal healthcare services by the Dalit,
Adivasis, OBC and Muslim women increased between the surveys.
However, inequalities still exist in access to maternal care but JSY
has narrowed gap in access to healthcare between the marginalised
group of women and financially better-off.
Women in their early 20s more likely avail maternal health care
services as compared to their older women.
The incidence of women availing maternal healthcare decreases
with the increase in the number of children.
KHELO INDIA

21/04/2016
Khelo India:
A program of central government for development of sports.
Government has merged Rajiv Gandhi Khel Abhiyan (RGKA) with the
Khelo India Programme.
The RGKA was a centrally sponsored scheme launched by then
Congress-led UPA government in 2014.
Union Government also has merged two other sport projects
launched by then UPA regime under Khelo India viz.
o
Urban Sports Infrastructure Scheme (USIS) and
o
National Sports Talent Search Scheme (NSTSS) .
Rajiv Gandhi Khel Abhiyan(RGKA):
o
It was launched in place of erstwhile Panchayat Yuva Krida aur
Khel Abhiyan (PYKKA).
o
RGKA aimed at constructing sports complexes in each block
and exclusively both for indoor and outdoor in different sports
discipline for 5 years.
PYKKA: It was a rural sports initiative introduced by the Union
Ministry of Youth Affairs and Sports to promote youth and social
development through sports.

MID DAY MEAL

Centre notified the mid-day meals rules (Sept, 2015):

making running quality tests and sticking to nutritional standards

mandatory

The State governments will be held accountable for non-delivery of

service.

If a school fails to serve food to students for three consecutive

school days or five days a month, the State government will have to pay
a food security allowance as compensation.
Ministry has now insisted on monthly random testing for quality at
accredited laboratories.
School Management Committee to monitor implementation quality, cleanliness, hygiene
MGNREGA

** Important : Because it completed 10 years in 2016 **

MGNREGA
Right based
Demand driven scheme.
Promises 100 days of employment every year to each rural
household.
The Act stipulates that wage payment be made within 15 days of
work completion.
Stipulates for one third participation of women

Performance:

In terms of the average person-days of work provided to each

household the country = more than 40 days

The Act stipulates that wage payment be made within 15 days of

work completion, but huge delays have been a key concern across the
country. The proportion of payments made within 15 days nearly 50 %

MGNREGA stipulates for one third participation of women however

Participation of women is nearly 55%.

Cabinet gave approval to additional 50 days of work under MGNREGA to

rural poor in drought or natural calamities affected areas.
MGNREGA as an example of MIS benefits:
The Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) is not only a pioneering livelihood security programme but
also a great example of proactive disclosure of information through its
Management Information System (MIS).

It is the first transaction-based real-time system for any public works

programme in the country that is available in the public domain.

There has been a digitisation of all the processes in MGNREGA

right from a worker registering demand for work, to work allotment, to
finally getting wages for completed works.

Another notable feature of the MIS is the availability of information

through online reports at various levels of disaggregation. This has
enabled any citizen to monitor the implementation of the programme
and has consequently charted a new paradigm of transparency since the
enactment of the Right to Information (RTI) Act.

Individual worker details from around 2.5 lakh gram panchayats are
available in the MGNREGA MIS.
NOTE: You can mention MGNREGA as an example in questions related to
MIS, Role of IT, Good Governance etc.
A recent study has found that the work being offered under the
MGNREGS scheme is falling with each passing years. Critically
analyse the reasons for this decline in demand for jobs under this
scheme. (200 Words)
Launched in 2006, the MGNREGA creates a justiciable right to work. It
promises 100 days of wage employment in public works per year to all
rural households whose adult members are willing to do unskilled manual
work.
However, it has been reported that of late the demand for work under
MGNREGA has been dwindling. Following are reasons for the same:
1.
2.
3.

4.
5.

6.

Insufficient budgetary allocation and delay in release of funds from

the Centre hampers the generation of enough work thus artificially
squeezing demand.
There is delay on part of the Centre to transfer funds to the states
for payment of wages. This delay in payment of wages discourages
people from taking up more work.
Under the provision of the law on MGNREGA, if the government does
not provide jobs within the stipulated 15 days, it has to pay
unemployment allowance. Given that states face a cash crunch, they
resort to nonregistration of work demand to avoid paying the
unemployment allowances.
Wages paid under MGNREGA is less than the private market wages
in almost all states. Administrative expenses have also gone up from 5 %
to 9 %, leaving little for wage payments.
The government has selected 2549 blocks on the basis of them
being most poor and backward and looks for more allocation to them
which provides for doubling the allocation, while the rest of 4000 odd
blocks have same support, this will cause huge differences in wage
money procurements
Though MGNREGS is supposed to be demand-driven, in reality the
scheme is driven by officials at the top.

There is ample evidence that shows that MGNREA has had a positive
impact on rural poverty. In this light, the government needs to address the
above mentioned issues to arrest the decline in demand for work, both

genuine and artificial. Enhancing administrative capacities and generating

awareness must be the twin objections of the proposed solution.
The proposal to amend the MNREGA has drawn criticism from
many quarters owing to shift in its nature from a demand driven
scheme to one controlled by central government. Critically
analyse the proposed amendments and their impact on the Indian
society? (200 Words)
Despite few shortcomings MGNREGA has really worked on ground to
attain its stated objectives. But recent amendments proposed by
government
were:
1.
2.

Restrict coverage to only few backward districts.

Reduce the wage-material ratio from 60:40 to 51:49

They
A.
B.
C.
D.
E.
F.

found

more

critics

than

admirer

of

this

move.

This will certainly enhance focus on backward districts and may

reduce budgetary allocation due to reduced coverage easing
governments fiscal woes.
Recent study confirms that there are many "polarised districts" with
both developed and under developed blocks. Such a move will exclude a
significant portion of rural poor.
Decrease in share of wage in total allocation will reduce the
minimum wage and will resume the process of distressed migrationfailing an important objective of this act.
This was also aimed at economic empowerment of women, ST, SC
by mandating their participation. Such a selected approach will hurt
these people the most.
Besides, this was a right based scheme. Implementing a right based
scheme in selected districts is equivalent to implementing RTI in selected
pockets- totally defeating the concept of right
Such a move will be devastating for millions of rural households in a
country where about 60% of area is drought prone.

Considering its devastating impact on society especially rural households,

government must think of other alternatives to increase its focus on
backwards districts, without diluting the rights in non-backward areas.
"The Mahatma Gandhi National Rural Employment Guarantee
Schemedespite its failings and dismissals by prominent
economists as a 'dole' is in consonance with the idea of
sustainable development whose important cardinal components
are economic, social and environmental sustainability." Critically
examine. (200 Words)

MGNREGA is an employment guarantee scheme implemented in the rural

areas.
This scheme is in consonance with sustainable development which
incorporates
economic, social and environmental sustainability.
Economic sustainability:
1.
Provided 100 days of wage employment especially targeting the
poorest of the poor. This has helped in achieving a minimum economic
security.
2.
It has had a multiplier effect in the rural economic in accordance
with the Keynesian theory of macroeconomics.
3.
Promoted financial inclusion among rural poor.
4.
It has resulted in food security.
Social sustainability:
1.
Has successfully helped in improving the socio-economic position of
women.
2.
Helped in reducing distress migration.
3.
Better networking among rural people resulting in the formation of
SHGs.
4.
Improvement in health status.
5.
Reduction in school dropout rate.
Environment sustainability:
1.
Projects like drought proofing, water conservation projects, desiltation of lakes, plantation, and flood control helps in achieving
environment sustainability.
However, there are certain pitfalls and problems with this scheme:
1.
Rampant corruption especially at the grass-root level that is the
gram sabha
2.
Delayed payments to the workers.
3.
Poor implementation of this scheme especially in the states of UP
and Bihar
4.
Undeserving people getting job cards instead of the target group.
5.
It has tended to create sub-standard infrastructure which does not
last long.
The government should work to overcome the shortcomings so as to
realize its true potential and meet its true objectives of ensuring
sustainable development.
Good
Read:
http://www.thehindu.com/todays-paper/tp-opinion/a-jobsscheme-that-steadied-india/article8200201.ece
NAMAMI GANGE\

14/04/2016

The Union government approved Namami Gange Program in May

2015. It integrates the efforts to clean and protect the Ganga river in a
comprehensive manner.
Objective:

Pollution abatement interventions namely Interception,

diversion & treatment of wastewater flowing through the open
drains through bio-remediation / appropriate in-situ treatment / use
of innovative technologies.

To involve people living on the banks of the river to attain

sustainable results.

To involve the States and grassroots level institutions such as

Urban Local Bodies and Panchayati Raj Institutions in
implementation
Machinery:

The program would be implemented by the National Mission

for Clean Ganga (NMCG), and its state counterpart organizations i.e.,
State Program Management Groups (SPMGs)

In order to improve implementation, a three-tier mechanism

has been proposed for project monitoring comprising of
o
High level task force chaired by Cabinet Secretary
assisted by NMCG at national level,
o
State level committee chaired by Chief Secretary
assisted by SPMG at state level and
o
District level committee chaired by the District
Magistrate

The program emphasizes on improved coordination

mechanisms between various Ministries/Agencies of Central and
State governments
NATIONAL LED PROGRAMME

02/05/2016
National LED programme Unnat Jyoti by Affordable LEDs for All (UJALA)

The scheme is being implemented byEnergy Efficiency Services

Limited (EESL), a joint venture of PSUs under the Union Ministry of Power

UJALA is a flagship project of the Govt. of India where it wants every

home in India to use LED bulbs so that the net power or energy
consumption rate comes down and the carbon emission rates can also
be checked
Key Features:
Under this Programme, 3 crore LED Bulbs will be distributed in the
next 6 months in the State.

Under the scheme, people of Madhya Pradesh will get energy

efficient 9W LED bulbs at an upfront payment of just 85 rupees per LED
bulb.

The scheme will not only help reduce consumers their electricity
bills but also contribute to the energy security of India.
The scheme is being monitored in a transparent manner through a
national dashboard (www.delp.in).
The distribution of LED bulbs will happen through DISCOM offices,
DISCOM bill collection centres, designated EESL kiosks, Weekly haat
markets, etc

NRLM

NRLM is a poverty alleviation initiative launched by the Ministry of Rural

Development. Primary objective - organise the poor into SHG (Self Help
Groups) groups, make them capable for self-employment and thus enable
them to come out of poverty to lead meaningful lives.
The
1.
2.
3.
4.
5.
6.

following

are

the

distinguishing

features

of

the

same:

Special emphasis on the most vulnerable social groups including women, manual scavengers, victims of human trafficking, persons with
disabilities and bonded labours.
The delinking of the process of selection of beneficiaries from the
BPL list. Instead, a beneficiary selection is through participatory
identification process at the village level.
Funds provided to the initiative are treated as resources in
perpetuity.
One of the objectives of the NRLM is that of universal financial
inclusion and so efforts are made to promote financial literacy among the
rural poor.
NRLM is designed to be implemented in mission mode.
Key processes of the NRLM are driven by the rural poor especially
women,
who
have
themselves
come
out
of
poverty.

Therefore, on the plus side, the NRLM is designed as a programme for the
poor, of the poor and by the poor. Its implementation in mission mode will
provide the States enough room to tailor this initiative according their own
requirement and needs. However, the design of NRLM issue raises some
critical
issues:
1.

The thrust of the NRLM is upon SHGs to usher in livelihood

opportunities. There is nothing novel about this approach. Has been
attempted before. Also SHGs have a mixed performance record when it
comes to such programmes.
2.
Not everyone in rural area may be a member of SHG group.
Therefore, making it mandatory to be a part of SHG for access to various
services under NRLM may exclude some people from this system.
3.
There have been many instances where SHGs have been taken over
by the elite among the rural poor. This could lead to alienation of the real
beneficiaries.

4.

NRLM has not given serious attention to value added agriculture and
rural MSMEs, which play an important role in enabling and sustaining
inclusive growth in rural areas.

Discuss the distinguishing features of the National Rural

Livelihood Mission (NRLM). Do you think the design of the scheme
is suited to meet its objectives? Critically analyse. (200 Words)
PMKSY

TheWorld Bank-assistedNational Watershed Management Project or

Neeranchal has received the approval for implementation by the Union
Cabinet.
Neeranchal:
Neeranchal is designed to further strengthen and provide technical
assistance to the Watershed Component of PMKSY, in particular and all
components of PMKSY, in general and to enhance its delivery capacity.
Aim: The project aims to fulfil the watershed component of the Pradhan
Mantri Krishi Sinchai Yojana (PMSKY) to reduce surface runoff of rainwater,
increase groundwater levels and better water availability in rain-fed
areas.

The cost of the project is estimated at Rs. 2,142.30 crore of which

the Centre will be pitching in with Rs. 889 crore while Rs. 182 crore will
be provided by the respective State Governments. The remaining 50% of
the project cost will be financed by a World Bank loan.
It will be implemented across nine States Andhra Pradesh,
Telangana, Madhya Pradesh, Maharashtra, Gujarat, Odisha, Chhattisgarh,
Jharkhand
and
Rajasthan.

Neeranchal is primarily designed to address the following concerns:

bring about institutional changes in watershed and rainfed
agricultural management practices in India,

build systems that ensure watershed programmes and rainfed

irrigation management practices are better focussed, and more
coordinated, and have quantifiable results,

devise strategies for the sustainability of improved watershed.

management practices in programme areas, even after the withdrawal of
project support,

through the watershed plus approach, support improved equity,

livelihoods, and incomes through forward linkages, on a platform of
inclusiveness
and
local
participation.

About

the

Pradhan

Mantri

Krishi

Sinchai

Yojana

(PMSKY):

It is a central scheme that aims at providing irrigation facilities to every

village in the country by converging ongoing irrigation schemes
implemented by various ministries.

Under the project, a dynamic annual fund allocation methodology,

which mandates states to allot more funds to irrigation sectors for
becoming eligible to access funds under this scheme, is being
considered.

The Scheme intends to focus on end-to-end solution in irrigation

supply chain by implementing the new programme in a project mode
with decentralised state-level planning and execution.

The programme architecture of PMKSY aims at a decentralized

State level planning and execution structure, in order to allow States to
draw up a District Irrigation Plan (DIP) and a State Irrigation Plan (SIP).
Implementation:

The programme will be supervised and monitored at the national

level by an Inter-Ministerial National Steering Committee (NSC) under the
Chairmanship of the Prime Minister with Union Ministers of all concerned
Ministries.
A National Executive Committee (NEC) will be constituted under the
Chairmanship of the Vice Chairman, NITI Aayog to oversee programme
implementation, allocation of resources, inter ministerial coordination,
monitoring and performance assessment, addressing administrative
issues etc.
At the state level the scheme will be administered by a State Level
Sanctioning Committee (SLSC) to be Chaired by the Chief Secretary of
the respective States. The committee will have all authority to sanction
the project and also monitor the progress of the scheme.
At the district level there will be a district level implementation
committee for ensuring last mile coordination at the field level.
The state agriculture department would be the nodal agency for
implementation
of
PMKSY
projects.
Eligibility

and

funds:

A state will become eligible to access PMKSY funds only if it has

prepared the district irrigation plans and state irrigation plans and
sustained an increasing expenditure trend in irrigation sector in state
plan.
The programme has an outlay of Rs. 50,000 crore over a period of
five years (2015-16 to 2019-20). The allocation for the current financial
year is Rs. 5300 crore.
PMKSY funds would be given to states as 75% grant by the central
government and the remaining 25% share is to be borne by the state
government. For northeastern region and hilly states, the funding pattern
would be 90:10.

From <http://www.insightsonindia.com/2015/10/09/insights-daily-currentevents-09-october-2015/>
PM KAUSHAL VIKAS YOJANA

Aims at mobilising a large number of youth to take up skill

training and increase productivity of the existing workforce by
aligning their training and certification to the need of the nation.
Encouraging standardization in the certification process and
initiate a process of creating a registry of skills alongside providing
monetary awards for skill certification
By July 2015, 2.12 Lakh candidates enrolled
Scheme targets to benefit 24 lakh people (14 lakh fresh
entrants + 10 lakh under recognition of prior learning)
Total outlay of Rs 1500 crore
NSDC is the implementing agency

PRADHAN MANTRI UJJWALA YOJANA

12/04/2016
Under the Pradhan Mantri Ujjwala Yojana, Rs.8,000 crore has been
earmarked for providing 50 million LPG (liquefied petroleum gas)
connections to poor households.

Each beneficiary will get financial support of Rs.1,600 for

securing an LPG connection.

Eligible households will be identified in consultation with state

governments and Union territories.

The scheme will be implemented over the next three years.

The scheme is being implemented by theMinistry of

Petroleum and Natural Gas.

The new users who receive LPG connections under the

scheme will not have to pay the security deposit, while the Rs. 1,600
administrative costs, cost of pressure regulator booklet and safety
hose will be borne by the government.

The households will be selected using the socio-economic and

caste census data. Consumers will have the option to purchase gas
stove and refills on EMI.
Why launched?

Because burning wood/coal is leading to rising pulmonary,

cataract and heart diseases

According to health experts, the smoke released in the

burning process contains hazardous gases like carbon monoxide,
particulate matter, etc. Unclean cooking fuels are the main source of
indoor air pollution that causes non-communicable diseases such as
heart disease, stroke, chronic obstructive pulmonary disease and
lung cancer

Generally, poor women are victims of these toxic gases. They

have no alternative and thus they are forced to use them

What more need to be done?

Tts cost should be made affordable as with current subsidy

also a BPL family has to spent Rs.5000 per year in addition to one
time cost of Rs.1800 for the connection

Distribution system needs to be strengthened to ensure

catering to peoples demand especially in remote areas otherwise
people may switch back to solid fuels. Reliable, sustained last mile
supply is needed.

Effective monitoring and redressal mechanisms to ensure

targeted delivery and effective implementation is needed.
Significance of scheme:

It will increase usage of LPG thus reducing health disorders

due to usage of conventional cooking fuels like wood, cow dung,
etc.

The benefit transfer through Jan Dhan will fulfill the objective
of increased Financial Inclusion.

It will reduce air pollution cause by smoke from solid fuel

usage in kitchens and other places.

Will ensure energy security to poor households.

Will reduce burden on government exchequer due to health

disorders.
Demerits

Selection of beneficiaries is using the socio-economic and

caste census data which is a laborious task and would delay proper
identification of beneficiaries.

Burden on the exchequer, corruption, remoteness/delivery

difficulties esp in LWE areas; LPG may be sold to rich for money
draining the entire effort of government.

No focus given towards awareness and administrative issues

as 40 % of LPG deprived households cite lack of information on the
process of getting a LPG connection.

LPG demand is expected to see double digit growth over

coming years hence leading to increase in imports and would cause
stress on LPG resources.
Challenges:

householdshave toregularly refill cylinders which can incur

high monthly expenditureto them

Lack of financial literacy and bank accounts for most of rural

households

About 40 per cent of LPG-deprived households in rural areas

cite alack of informationabout the process of getting a connection
as a challenge

RIGHT BASED APPROACH

Has the rights-based approach to development, especially in the

social sector, succeeded in India? Critically analyse. (200 Words)
In any democracy, the rights of the underprivileged need to be specially
protected. India has followed the path of rights based social welfare
policies to guarantee the social rights of the people. This framework is
based on four pillars - Right to Information, Right to Education, Right to
Work and Right to Food.
However, merely guaranteeing the Rights are not enough. What is even
more important is how such legislations and policies are implemented.
And there are few concerns there :
1.

While Right to Education became a fundamental right in 2002, the

enabling act could only be passed in 2009. Even then it is criticised by a
lot of people as it has a lot of loopholes.
2.
The Mahatma Gandhi National Rural Employment Guarantee Act,
2005 is a demand based legislation. It guarantees at least one person in
a family 100 days' work in a year. However, the performance has been
dismal. On an average the government has only been able to provide
work for 44 days to a person in a year.
3.
Right to Information is widely hailed as an important step in the
journey to good governance by ensuring transparency. However, there is
a huge pendency of cases before the information commission and it has
no powers to enforce its decisions.
4.
The Food Security Act was a major legislation passed by the
government in 2013. However, its implementation has been postponed
thrice by the central government.
Dr BR Ambedkar had said "Rights are protected not by law but by the
social and moral conscience of the society." Thus, while legislation can be
one part of social welfare, it must not be the only part.
RSBY

Evaluation of Scheme Done by Council for Social Development:

RSBY had little or no impact on medical impoverishment in India

Despite high enrolment in RSBY scheme, catastrophic health
expenditure, hospitalisation expenditure, out of pocket expenses medicine, food etc. that are not reimbursed by insurance have steadily
increased , for both in and out-patient, over the last two decades.
Scheme has largely not able to provide financial risk protection

Study points out that major flaw in design of RSBY is that it has a
narrow focus on secondary and tertiary care hospitalisation
Study points that: scheme is largely used by those who had better
access to healthcare services and the most marginalised sections were
being excluded
Write a critical note on the objectives, design and implementation
of the Rashtriya Swasthya Bima Yojana (RSBY) programme. (200
Words)
Rashtriya Swasthya Bima Yojana (RSBY) was launched by Ministry of
Labour and Employment, Government of India in 2008 to provide health
insurance cover to Below Poverty Line population and informal sector
workers
of
India.
Its objective is to protect these families from shocks related to
catastrophic expenditures on health by improving access to health and
reducing out of pocket expenditure.

Design:
This is a Smart Card based cashless and paperless social health
insurance scheme.
It provides annual hospitalization cover up to Rs. 30,000 for a family
of five members through health insurance companies.
Families pay only a registration fee of Rs. 30 and get a RSBY smart
card which helps in accessing empaneled hospitals across the country for
in-patient treatment.
Transportation expenses up to Rs. 1,000 per year are provided in
cash for travelling to the hospital.
All pre-existing diseases are covered from day one. There is no age
limit to enrol in the scheme.
75 % of the cost (premium) of the scheme is borne by Central
Government (90% in case of Jammu & Kashmir and North-Eastern States)
and the rest is borne out by respective State government.
There have been some problems with its design and implementation. The
poor in the more remote blocks and villages may be ignored for easier to
reach potential enrolees as the premium paid for all are the same.
Empaneled hospitals tend to be placed near district headquarters, raising
costs of access for the poor beyond that covered in the programme and
packages do not recognise treatment and care uncertainties that
incentivise hospitals to treat simpler and less complicated diseases.
Additionally, a lack of adequate planning for change in insurance
providers creates breaks in service that are avoidable.
RURBAN

Aim of the mission: to spur economic, social and infrastructure

development in rural areas.
Details:

Under the scheme, the State Governments would identify the

clusters in accordance with the framework for implementation
prepared by the Ministry of Rural Development.
For the selection of clusters, an objective analysis at the
district, sub district and village level, of the demography, economy,
tourism and pilgrimage significance and transportation corridor
impact will be carried out.
The clusters will be geographically contiguous Gram
Panchayats with a population of about 25000 to 50000 in plain and
coastal areas and a population of 5000 to 15000 in desert, hilly or
tribal areas. The mission also aims to set up these clusters by 201920
across
the
country.

Components

of

the

scheme:

The scheme will function with 14 mandatory components to

ensure an optimum level of development of a cluster, which include
skill development training linked to economic activities, digital
literacy, fully equipped mobile health unit and inter-village road
connectivity.

The other components of the scheme in clusters will be

providing citizen service centres- for electronic delivery of citizen
centric services and e-gram connectivity, public transport, LPG gas
connections, agro processing, agri services including storage and
warehousing, sanitation, provision of piped water supply, solid and
liquid waste management and upgrading education facilities.
Funding:

The funding will be through various schemes of the

government converged into the cluster.
The mission will provide an additional funding support of up to
30% of the project cost per cluster as critical gap funding as central
share to enable development of such rurban clusters.
The cost of developing a cluster might vary between Rs 50
crore and Rs 52 crore.
The preferred mode of delivery would be through publicprivate-partnerships while using various scheme funds.

SANSAD ADARSH GRAM YOJANA

Saansad

Adarsh

Gram

Yojana:

It is a village development project under which each Member of

Parliament will take the responsibility of developing physical and
institutional infrastructure in three villages by 2019.

The goal is to develop three Adarsh Grams or model villages

by March 2019, of which one would be achieved by 2016.
Thereafter, five such Adarsh Grams (one per year) will be selected
and developed by 2024.

The Project was launched on the occasion of birth anniversary

of
Lok
Nayak
Jai
Prakash
Narayan.
Implementation:

The scheme will be implemented through a village

development plan that would be prepared for every identified gram
panchayat with special focus on enabling every poor household to
come out of poverty.
The constituency fund, MPLADS, would be available to fill
critical financing gaps.
The planning process in each village will be a participatory
exercise coordinated by the District Collector. The MP will play an
active facilitating role in this exercise.
Adoption and adaptation of technology and introduction of
innovations are critical to this programme. This will include use of
space application and remote sensing for planning, mobile based
technology for monitoring, agriculture technology for increasing
productivity etc.
At the national level, a separate, real time web based
monitoring system will be put in place for the scheme covering all
aspects and components. The Ministry will put in place a specially
designed capacity building programme for Government functionaries
at different levels including Gram Panchayats.
At the state level there will be an Empowered Committee
headed by the Chief Secretary consisting of the relevant
Departments and including experts, as required with at least two
Civil Society representatives.
The district Collector will be the nodal officer for implementing
the SAGY. He will conduct a monthly review meeting with
representatives of the participating Line Departments. The Members
of Parliament concerned will chair the review meetings.
SAGY gives focus to community participation. Social
mobilization of village community can trigger a chain of other
development activities in the village. For instance, reducing risk
behaviours
like
alcoholism,
smoking,
substance
abuse
(drugs/tobacco/gutkha etc) among all age groups of population.
Women participation in the decision-making process will be
encouraged.

SMART CITIES

1.

How SMART city project and AMRUT is different from earlier

programs?
Earlier Mayors were bystanders. Now they are given major
responsibility of designing and implementing projects
Previous urban development schemes had rendered them powerless
and they were reduced to mere bystanders watching the central
government handing over projects to State ministers. As the new set of
urban policies Smart City Mission, Swachh Bharat Mission, Atal
Mission for Rejuvenation and Urban Transformation (AMRUT) claim to
transfer powers of designing and building cities to municipalities, the
shift has been overwhelming.
The mandate, sidelining State ministries, establishes direct contact
between the municipal bodies and the Urban Development Ministry,
and the coordination assures easy access to central funding with
minimum bureaucratic delays. On the other hand, the municipal
commissioners, who are trained to administer the city services, are
struggling to make the transition from being armchair bureaucrats to
on-ground managers, tasked with designing solutions to meet peoples
aspirations.
Issues in Smart Cities Mission:
1.
Major reliance on Private sector funding.
For the entire mission, the Centre has asked the States to generate
half the funding (Rs. 48,000 crore) through public-private
partnerships. And mayors are encouraged to use their political clout
to attract private investors.
Much to their dismay, private investors refused to come forward. Out
of 2,900 JNNURM projects, only 50 projects were backed by the
public-private-partnership (PPP) model, with a private sector capital
investment of just about Rs. 1,000 crore, which barely covered 0.2
per cent of the total project cost.
1.
Convergence: There are multiple policies for urban India: the
Swachh Bharat Mission, Housing for All, National Urban Livelihoods
Mission; the National Urban Information System; and the Heritage
City Development and Augmentation Yojana (HRIDAY),etc. The Smart
Cities Missions convergence with all these schemes is not known
2.
Mission gives more say to SPV rather than to elected local
government defying intent of 74th CAA
3.
20 initial cities selected under mission are adopting area
based approach. It will lead to development of few pockets creating
islands of development in ocean of backward areas.

Critically analyse the objectives and design of recently

launched Smart Cities Mission and the Atal Mission for
Rejuvenation and Urban Transformation (AMRUT). Do you think

such schemes will be effective in addressing fundamental

problems of urbanization? Comment. (200 Words)
Smart cities:
1.
Are those cities which have smart/intelligent physical, social,
institutional and economic infrastructure while ensuring centrality of
citizens in a sustainable manner. It focuses on : solid waste
management, water management, public transport, green energy, ehealth, e-literacy, traffic lights, electricity supply etc. controlled
through IT.
2.
It will be implemented through area based approach which
includes retrofitting, redevelopment, pan-city initiative and
development of new cities.
3.
SPV will be set up for their implementation. PPP model will be
used for mobilising private investment.
AMRUT
(Atal
mission
for
rejuvenation
and
urban
transformation)
4.
It is the new avatar of JNNURM and focuses on water supply,
sewerage, storm water drains, transport, development of green
spaces and parks. 10 % of budget allocation will be given to
states/UTs as incentive based on achievement of reforms during
previous year.
5.
In a significant departure, states will have more flexibility as
centre will not appraise individual projects.
6.
It will lay the foundation to enable the cities to eventually
grow into smart cities. It will be implemented at 500 locations.
Critical analysis:
Projects will face challenges like presence of large slums, limited
scope of expanding roads and bridges in the midst of cities, data
intrusion and hacking, displacement of population and land acquisition
problems. No mention of increase in floor space index in cities. There is
no mention of earthquake resistant design of buildings in smart city
concept. Problems of Urban Sprawl, Urban Crimes find no mention in
the above two schemes.
But, existing cities are unable to bear extra load of migrants and by
2050, 70 % of world population will be in cities. It also offers
opportunity for faster growth as they such cities become magnets for
investments. Experts say, it can generate employment for at least
2,00,000 people per city and usher in unprecedented economic
growth.

Critically examine how different is Indias Smart City concept

from that of Wests or US? Also examine drawbacks of these
concepts. (200 Words)

Our smart cities7.

Our concept of smart cities is based on renovation rather than
on innovation.
8.
We are improving and restructuring our cities based upon new
demands.
9.
The support of foreign countries is being sought in developing
our cities.
10.
Our cities are not well planned in the past. And hence things
become more complicated.
Wests smart cities
11.
They are well planned since the beginning.
12.
Their smart cities are surrounded by satellite cities they
reduce stress on urbanization.
13.
Grid pattern is well followed.
Pit falls in our concepts14.
Our local governments have limited say in reshaping our
cities.
15.
Local problems may not be addressed effectively due to updown approach.
16.
We give less emphasis on making of satellite cities and PURA.
This adds stress on urbanization process.
17.
We have unique challenges like large scale slums, limited
finances and web like city planning.
18.
There is limited scope for expanding our roads and bridges in
the mid of our cities.
19.
Foreign assistance may charge more costs.
STAND UP INDIA\

06/04/2016
Enables Scheduled Castes, Scheduled Tribes and women entrepreneurs
to access loans, setting a target of creating 2.5 lakh such entrepreneurs
across the country.
Key Features:

Under the scheme 1.25 lakh bank branches will provide loans
up to Rs 1 crore. Each branch will be required to provide two such
loans ranging from Rs 10 lakh to Rs 1 crore without collateral for
setting up a new enterprise.

Under the scheme people from Scheduled Castes and

Scheduled Tribes, and women entrepreneurs, will get support such
as pre-loan training, facilitating loan, factoring and marketing.

There will be a Rs 10,000 crore refinance window through

Small Industries Development Bank of India (SIDBI) and the National

Credit Guarantee Trustee Company Ltd (NCGTC) will create a corpus

of Rs 5,000 crore.
SIDBI will engage with the Dalit Indian Chamber of Commerce
and Industry and various other institutions to take the scheme
forward.
The offices of SIDBI and National Bank for Agriculture and
Rural Development will be designated Stand Up Connect Centres.
Debit Card (RuPay) will be used for withdrawing working
capital and history of borrowers will be developed.

15/04/2016
Critically
analyse
the
status
of
SC/ST
and
women
entrepreneurs, the opportunities and challenges they face in
India. (200 Words)
Hurdles:

Lack of access to business networks which provides support in

entering the entrepreneurship field

Credit is not made available easily because of lack of

collateral guarantee required for taking loans

Low rates of literacy among SC/ST/women doesn't provide

them basic and technical education for enterpreneurship
However, recent steps taken by government have the potential to untap opportunities for them. Such steps include:

increasing the authorized capital under National Schedule

Caste Finance and Development Corporation,

establishing MUDRA Bank,

green business scheme (for loans up to Rs. 1 lakh for climate

friendly technology usage), and

Stand up India for ease of availability of credit to SC/ST/wome

entrepreneurs.
START UP INDIA\

Write a critical note on the Start-up India programme, recently

announced by the Prime Minister of India. (150 Words)
With an objective to encourage self-employment and job opportunities,
governments time and again encouraged entrepreneurs. We may ponder
upon two major questions while we come across the recent call for 'Startup
India'.
1.
Do
we
need
a
new
programme
?
Not really. Its rather necessary to integrate and improve synergies among
the existing scheme of things. Among the major initiatives we have,
MUDRA Bank - to provide credit assurance, support especially to dalit

entrepreneurs, Atal Innovation Mission (AIM), Self-Employment & Talent

Utilisation (SETU) taken up by NITI Aayog to support start-up ecosystem
with technical, financial, advisory support. Rather being a stand-alone
thing ,'Start-up India' should be an umbrella mission connecting, spearheading the above projects.
2.
How
to
enhance
the
'Start-up'
eco
system
?
Low cost, reliable credit support is the bedrock for the success of any
start-up. Multitude of angel funds, venture capitalists have come up today,
but it needs to be furthered by suitable policies to meet the credit
demands. Rather than asking the already stressed Indian Banks to provide
more credit, suitable modifications to encourage first-time entrepreneurs
in the Priority sector lending can be done. Domestic, foreign avenues for
credit, technical and management support to be enhanced.
Its also imperative to diversify the start-up ecosystem which is crowded
around IT, Software area into potential sectors of Agriculture, food
processing ,logistics, electronics sectors so that a sustainable growth
engine can be delivered.
SWACHH BHARAT

Background:
2 years completed
The programme aims to eliminate open defecation by 2019.
The goal also includes the elimination of open defecation,
conversion of insanitary toilets to pour flush toilets, eradicating of
manual scavenging and Municipal Solid Waste Management (MSWM).

It was launched two years ago on the birth anniversary of Mahatma

Gandhi. The mission was divided into two parts urban and rural. The
Swachh Bharat Mission Urban is managed by the Ministry of Urban
Development, while the Swachh Bharat Mission Gramin (Rural) is led by
the Ministry of Drinking Water and Sanitation

Prior to Swachh Bharat Mission:

With effect from April 1, 1999, the Government of India restructured

the Comprehensive Rural Sanitation Programme and launched the Total
Sanitation Campaign (TSC).

To give a fillip to the TSC, effective June 2003, the government

launched an incentive scheme in the form of an award for total sanitation
coverage, maintenance of a clean environment and open defecation-free
panchayat villages, blocks and districts, called Nirmal Gram Puraskar.

Effective April 1, 2012, the TSC was renamed to Nirmal Bharat

Abhiyan (SBA). On October 2, 2014 the campaign was relaunched as
Swachh Bharat Abhiyan
Major Goals:

Construction of individual sanitary latrines for households below the

poverty line with subsidy (80%) where demand exists.
Conversion of dry latrines into low-cost sanitary latrines.
Construction of exclusive village sanitary complexes for women
providing facilities for hand pumping, bathing, sanitation and washing on
a selective basis where there is not adequate land or space within
houses and where village panchayats are willing to maintain the
facilities.
Setting up of sanitary marts.
Total sanitation of villages through the construction of drains,
soakage pits, solid and liquid waste disposal.
Intensive campaign for awareness generation and health education
to create a felt need for personal, household and environmental
sanitation facilities
Progress so far:
2.4 crore toilets have been constructed under the Swachh Bharat
Mission and 15.04 lakh under MNREGA across rural India.
The rural household toilet coverage has increased from 42% at the
start of Swachh Bharat Mission Gramin to 55.34%.
In the first year of the Swachh Bharat Mission, an increase of 446%
in construction of toilets was observed, as compared to the pre-SBM
period of 2014-15. 35 districts and about one lakh villages are targeted
to be declared open defecation free
Over Rs 18,000 crore have been spent under the Swachh Bharat
Mission (SBM) since its launch in October, 2014. The Swachh Bharat
Kosh-which seeks to attract the participation of the private sector-has
reportedly received Rs 400 crore to aid this national goal

Missing links in the scheme:

Attitudinal changes: People still don't use toilets even if they are
created

Water: Toilets are constructed but there is no water to use them

Disposal: How to dispose the human waste? This has not been
solved.
Crucial Policy changes:
It is being planned to generate electricity and compost from
municipal solid waste.

Provide Market Development Assistance on sale of city compost to

farmers ( Ministry of Chemicals and Fertilizers)

Ministry of Power is in the process of amending the Electricity Act

2003 to enable mandatory purchase of power generated from municipal
solid waste.

Swachh Bharat Cess:

Swachh Bharat cess of 0.5% on service tax. It will be exclusively used for
Swachh Bharat initiatives

India Sanitation conference (INDOSAN)

INDOSAN is envisaged as an annual national event, that seeks to
brings together all stakeholders working in sanitation.
Thus, it will be one platform for a shared vision for Government,
NGOs, academicians, researchers, partner agencies and corporates.
It will create an opportunity for collective understanding, collective
vision of the key elements of the Swachh Bharat Mission programme as
sanitation is seen as a citizen movement with involvement of all sectors
of the society.
INDOSAN will discuss on all these approaches, learnings, emerging
innovations for the benefit of all.
Besides, each state will share their approaches most suitable to
them to reach the goal of making India Open Defecation Free (ODF) by
the year 2019 which marks 150th Birth Anniversary of Father of the
Nation Mahatma Gandhi.
NOTE:
Use keywords INDOSAN, Swacch Bharat cess in your answers related to
Sanitation or analysis of swacch bharat scheme

UDAY

23/04/2016
Ujwal DISCOM Assurance Yojana
UDAY provides for the financial turnaround and revival of Power
Distribution companies (DISCOMs), and importantly also ensures a
sustainable permanent solution to the problem. It has ambitious target of
making all discoms profitable by 2018-19.
The scheme will ease the financial crunch faced by power distribution
companies, that has impaired their ability to buy electricity.
It is based on the premise that it is states responsibility to ensure that
discoms become financially viable.
Aim:

To make these DISCOMs financially and operationally healthy,

To enable DISCOMs to supply adequate power at affordable rates,
and
To enable the Governments to make efforts towards 100% Village
electrification and 24X7 Power For All

How will it achieve its aim:

By reducing interest burden of DISCOMs by restructuring states

debt

By reducing cost of power through various measures such as coal

linkage rationalization, liberal coal swaps and priority/additional funding
through schemes of MoP & MNRE
By reducing AT&C losses

Roadmap:
The State govt. will takeover the discom liabilities over 2-5 year
period

This will allow discoms to convert their debt into State bond. These
bonds will have a maturity period of 10-15 years.

It will allow transfer of 75% outstanding debts incurred by stressed

discoms to States debt, 50% in 2015-16 and 25% in 2016-17.

The central government will not include the loans of the discoms in
calculation of the states deficit till 2016-17

Root cause of DISCOMs failure:

Politics of free power, repressed tariffs and power thefts leading high
transmission losses.

Poor infrastructure and low standard of management.

Power subsidies are given to all, irrespective of rich/poor.

What will be the impact of this scheme?

It is expected to help the banks in managing their bad loans.
It will relieve discoms who can push power distribution in right way.
It will allow states to align tariff costs, so that discoms run on a
sustainable basis.

What are thrust areas of UDAY to turnaround discoms?

1.
Improve operational efficiency.
2.
Reduction in cost of power By monitoring technical and
commercial losses by smart metering and feeder separation.
3.
Reduction in the interest cost of discoms.
4.
Enforcing financial discipline on discoms through alignment with
States finances.

What could be potential challenge to UDAY?

Electricity is not a central subject, states cannot be made to
participate in the programme.
Finding buyers for such bonds might prove difficult, as these would
enjoy the SLR status.
It has not laid down a specific performance-monitoring and
compliance mechanism.
It does not cover inadequate investment in network & poor supply,
which is essential for reliable and quality supply.
No central monetary assistance is provided, rather states will be
provided subsidised funding from the central govt.s power schemes as
well as priority in supply of coal.

SOCIAL ISSUES
MANUAL SCAVENGING

What is Manual Scavenging?

Manual scavenger means a person engaged in or employed for
manually carrying human excreta and the expression manual
scavenging shall be construed accordingly.
Some events/keywords related to it?

Manual Scavenging in modern airports: (18/02/2016)

o
Despite Manual Scavenging being banned in Tamil Nadu it still
takes place at the Chennai airport.
o
Workers have been spotted cleaning the manholes on the
premises of the airport without even any protective gear.

In November 2012, thousands of Dalit women started a 63-day long

National March Maila Mukti Yatra, for eradication of manual
scavenging under the 'Rashtriya Garima Abhiyan banner, demanding
comprehensive rehabilitation of people who have been forced into
manual scavenging.
Facts:

Census 2011 has found 7.94 lakh cases of human scavenging in the
country.

The 'Manual Scavengers and Construction of Dry Latrines

(Prohibition) Act enacted in 1993 by the Government of India
prohibits manual scavenging in the country.

In 2013, Prohibition of Employment as Manual Scavengers and their

Rehabilitation Bill, to ban manual scavenging and rehabilitate those who
were forced to do it, was introduced.

What are the measures taken by the government to end it?

In 1980-81, the Ministry of Home Affairs took up the Centrally
Sponsored Scheme for Liberation of Scavengers by way of conversion of
existing dry latrines into low cost pour flush latrines and providing
alternative employment to the unemployed scavengers as one of the
measures for removal of Untouchability and providing financial
assistance in selected towns.
A Task Force constituted by the Planning Commission in July 1989 on
the subject suggested for separate scheme for liberation and
rehabilitation. It also explored the bases for the enactment of certain
legislation to ban construction and continuation of dry latrines and
prohibit the practice of manual scavenging.
In 1992, the scheme of Liberation of Scavengers was bifurcated.
For conversion of dry latrines into water borne flush latrines, an
Integrated Low Cost Sanitation (ILCS) Scheme, was started.

TheNational Scheme for Liberation and Rehabilitation of Scavengers

and their Dependents (NSLRS) was started for providing alternative
employment to the liberated scavengers and their dependents.
Taking into consideration the seriousness of the problem and the
requests of the State Governments, Parliament enacted the
Employment of Manual Scavengers and Construction of Dry
Latrines(Prohibition) Act, 1993. The Act, inter alia, provides that no
person shall:o
engage in or employ for or permit to be engaged in or
employed for any other person for manually carry human excreta; or
o
Construct or maintain a dry latrine
Parliament passed theProhibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013(MS Act, 2013)
o
The objectives of 2013 Act

Eliminate the insanitary latrines.

Prohibit:
Employment as Manual Scavengers

Hazardous manual cleaning of sewer and septic

tanks.

Survey of Manual Scavengers and their rehabilitation

o
Main features of the 2013 Act

Definitions of manual scavengers and insanitary latrines

widened to cover not only dry latrines but other insanitary latrines
as well.

Offences under the Act are cognizable and non-bail able

and attract stringent penalties.

Vigilance/Monitoring Committee at sub-Division, District,

State and Central Govt. levels.

National Commission for Safai Karamcharis (NCSK)

would, inter alia, monitor implementation of the Act and enquire
into complaints regarding contravention of the provisions of the
Act.

Provision of construction of adequate number of sanitary

community latrines in urban areas, within three years from the
date of commencement of this Act to eliminate the practice of
open defecation.

Constitutional safeguards:
o
Article 14: Equality before law. (Right to Equality)
o
Article 16 (2): Equality of opportunity in matters of public
employment
o
Article 19 (1)(g) : Right to Freedom (Protection of certain rights
regarding freedom of speech), to practice any profession, or to carry
on any occupation, trade or business.
o
Article 21 : Protection of life and personal liberty
o
Article 23 : Prohibition of traffic in human beings and forced labor

MINORITIES

Considering poor socio-economic status of certain minority

religious communities, do you think governments should make
special provisions such as reservations in jobs and educational
institutions? Critically discuss the issue and substantiate your
argument. (200 Words)
Reservation in job/politics/education is backbone of Indian Constitution
and society since the days of Minto-Morley Act and then Communal
Award->Poona Pact. Initially it was done to break the society but
Constitution writer used it as bringing marginalised population to
mainstream economy there by transferring them from receiving to
providing
end
of
economy.
Reservation has done positive contribution toward upliftment of Lower
caste population in Indian society. But still India is marred with poor socioeconomic status which is more profound on Muslim population as also
found by NSSO, NCAER and Sachar Committee. But Constitution doesnt
provide any reservation based on religion. By providing reservation based
on religion will violate Article 14 of Constitution which mentions that no
different treatment based on religion. Also, it will devoid and do injustice
with poor people of other religion who are not under protection net of
government.
Instead, to bring poor socio-economic population in empowered platform,
govt must provide scholarships to above average students of any caste or
religion based on their economic status. This will ensure following this:
1.
2.
3.
4.
5.

No leakage of funds, scholarships will directly reach education

institute and not the students hand.
Education quality of nation will also increase.
Every student will be motivated to study to avail this scholarship.
Help govt to realise true meaning of RTE 2005.
In later stage these student will not need reservation on job. Each
one will get job as per their qualification and dream of Constitution writer
to phase out Reservation in jobs in 15 years will also come true.

Help to students from poor socio-economic background is needed most.

The criteria of socio-economic backwardness should vary from rural area
to urban area. This will ensure Same education to all Children goal of
UN too. Also, Reservation based on religion will further complicate
religious harmony in India and will not be epitome of secularism which is
cherished principle of Constitution.

OPEN DEFACATION

Fact:

NSS 72nd survey: 52.1% of people in rural India choose open defecation
compared to 7.5% in urban India
Critically comment why construction of toilets and stopping the
practice of open defecation in India is important from sociological
viewpoint.
(200
Words)
India is regarded as the world's largest open drain due to the number of
people practicing open defecation, in this context there are many
sociological
reasons
for
eliminating
it.
Women are the most vulnerable social class when it comes to lack of toilet
,incidents of rape especially in rural settings are very frequent ,thus for
safety, security and protecting the dignity of women elimination of open
defecation
(EOOD)
is
very
important.
Manual scavengers are other class who are indirectly paying the price of
absence of wet toilets ,which perpetuates the stigma and reinforces their
degraded and inhuman condition inn society.
Also it has been observed that most of those having lack of toilets are
from vulnerable sections such as SCs, STs and poor which shows a social
pattern
in
lack
of
access
to
basic
sanitation.
Toilet has positive effects on health. it has direct relation with poverty
alleviation. family gets into debt bondage as a result of high health
expenditure. the use of toilets will add to the healthy living of the family.
Why are the schemes failing in this area?
Focus is only building toilets without any focus on changing
mindsets
It has been found that people still defecate in open even if toilets
are built
Funds/ subsidies are provided only for building and not for
management and cleanliness without which people stop using them
after some time
Lack of planning for water while building toilets

PUNJAB DRUG ISSUE

Causes of Drug Problem in Punjab:

Opium was part of Cultural landscape before partition and
ramped up after the Green Revolution
Cross Border flow of Drugs during 1990s
Involvement of Political Persons during Elections. Recent
instance of capturing of 1.35 lakh kg of drug during LokSabha
Election 2014
Rural Unemployment

Nexus between politicians and trade cartels

Consequences of Drug Problem:

Spreading of Diseases like AIDS

Increase in Criminality. They may support terrorism for the

sake of drugs

Families of drug persons will be affected economically

Suicides due to drug abuse

Money from drug trade has been used for spreading terror in
other parts of country (narcoterrorism)

Weakened vision of National Youth Policy 2014. Capable

human resource is not being capitalized for productive purposes
Solutions for these:

Providing clean needles, sterilization equipment and the like to

drug users

Effective affordable rehabilitation centers, focus on highprevalence drug groups such as sex workers, transportation workers
and street children

Redressal of the unemployment situation.

The supply side reduction should involve a zero-tolerance

policy towards drug cartels, syndicates and peddlers.

RESERVATION

By equating reservation and social justice, the political

discourse has prevented a deeper debate on the meaning of
equality of opportunity and ideas for effective economic
redistribution, where reservation is just one tool. Elaborate and
examine if reservation, as practiced in India, furthers substantive
equality.(200 Words)
The provision of reservation was given by our founder fathers for a limited
times, during which the govt could be able to take decisive steps so as to
bring the backward communities on par with the mainstream society, with
the reservation being scrapped eventually.
Why revision policy needs to be revisited?:
1.
The reservation as practised in India rather than emancipation of
whole class of deprived had created an elite class between these groups
and created a creamy layer who benefits most from these reservation.
2.
Reservation did not lead to the goals for which it was accepted in
first place. And its manifestation can be seen in the still vulnerable
position of schedule castes and schedule tribes. Tribal people could not

benefit because their right in forest-land was not properly recognised

and capitalist class was favoured in the name of economic development.
3.
Used as an instrument of vote bank politics. Eg- Jats in OBC
4.
It is also creating division between religions. Eg- Maharashtra govt
giving reservation to Marathas in spite of being dominant community
while scrapping the same for Muslims.
While caste was indeed a prominent reason for historical injustice in india,
it could not be the sole decider of backwardness of a class. Instead new
practices, methods and yardsticks would have to be continuously evolved
moving away from the caste-centric definition of backwardness.
We have to take into consideration the income, poverty levels, HDI of a
particular caste so that only deserving members of that caste are given
reservation benefits. Good educational opportunities and skill
development should be provided. Initiatives like MUDRA etc can help in
economic empowerment of backward classes.
Recently, while ruling on inclusion or exclusion of certain castes
or communities for availing reservation benefits, the Supreme
Court argued that caste cannot be the only standard to determine
backwardness, but can be an important factor. What is your
opinion on this issue? Do you think reservation is used more as a
political tool these days than as a tool of social justice? Critically
comment. (200 Words)
The framers of our Constitution were conscious that rigid hierarchies and
structured inequalities had dehumanised many sections of the population,
excluding them from the mainstream. They wanted to salvage the nation
from this social exclusion at the earliest and make them full citizens of the
nation. Thus, reservation is a fundamentally political promise made in
acknowledgment of the fact that caste literally excludes sizeable
communities from Indian society. Even after 65 years of working the
constitution, caste is still the primary basis for social exclusion. There are
other secondary factors too, like gender based, disability based etc. The
correct way to tackle these is to provide quota within the larger SC/ST/OBS
quota, like the PH quota and women reservation in local bodies.
Unfortunately, reservation is increasingly been used as a political
instrument to ensure electoral support. Inclusion and exclusions from the
list are done on the basis of political ideologies and vote calculations than
for social justice. This was seen in the decision to include Jats in OBC list
against the recommendation of NCBC and the decision to exclude Muslims
in Maharashtra despite several reports, mainly those of the Sachar
Committee, the Ranganath Misra Commission and the Mehmood-urRehman Study Group having accepted that Muslims are educationally and
socially backward, and special measures are needed to bring them into
the mainstream of secular education. We must react to the misuse of
reservation (as in the Jat case) as we would to malpractice in any other

vital area of public policy. For example, the proper response to corruption
in defence procurement cannot be to dismantle the defence sector itself.
Can reservation be given on economic basis?
Recently Gujarat government announced a 10 per cent quota for the
economically backward among upper castes that is, those with family
incomes of less than Rs.6 lakh per annum (p.a.)
1.
2.
3.

From where income data can be collected:

India Human Development Survey (IHDS)
National Sample Survey Organisation (NSSO) data
Data on income tax
Why we cannot rely on income as the basis for reservation?
Whatever statistics we use, a Rs.6 lakh p.a. cut-off will exclude less
than 5 per cent of the population from being eligible for reservations if
the Gujarat example is followed nationwide.
Identifying the poor is a difficult task resulting in errors of both
inclusion and exclusion.
This is particularly the case when incomes are growing rapidly and a
household that is poor in one year may well climb out of poverty the
following year.
So focussing on just the poor among the general category may be
more
difficult
than
we
anticipate.
Future of Reservation
Competition for government jobs is fierce.
Frustrated young men try to beat this insane competition by
demanding inclusion in the reserved category.
The government salaries are increasingly becoming more lucrative,
more so, with the Seventh Pay Commission around the corner.
If current initiatives for increasing employability and creating more
manufacturing jobs succeed, this will reduce the pressure.
Long-term solution
It requires re-evaluation of the fundamental nature of Indias
reservation regime.
Affirmative action to make space for communities that have
historically been subject to discrimination fits well with the Indian ethos
of creating a level playing field and is part of the Indian Constitution.
But the patchwork implementation, particularly for the OBC
classification that is currently in place, makes little sense and leaves
room for powerful lobbies to unite around demands for inclusion.
One of the ways of dismantling the quota raj is to ensure that the
reserved category certificate is not a currency that is hoarded by groups
who no longer need it.
This involves periodic recertification/review into the reserved
category.

For any revision, we need reliable data

Unfortunately, the current system has an established, if imperfect,
procedure for notification of new groups into the reserved category but
not for moving groups out of the reserved category.
A first step towards establishing such a process may be to ensure
that we collect data on caste/tribe affiliation along with data on basic
demographic and housing characteristics in the 2021 population census.
This would allow us to move past the exclusive reliance on the 1931
census and obtain information on the current socio-economic conditions
of all castes and communities in India.
Without timely and accurate data we have no way of developing a
rational system for responding to irrational demands.

SAFAI KARMACHARI

Despite the importance of Safai Karamcharis in ensuring Clean

India; they live in dire conditions and perish. What are the
problems faced by Safai Karmacharis? Discuss the initiatives
taken by the government in addressing these problems and
evaluate their successes. (200 Words)
Safai Karamcharis normally include persons engaged as 'Sweepers or
'sanitation/cleaning workers in municipalities, government and private
offices. These sanitation workers face many problems during execution of
task
and
which
has
ill
after
effects.
The
1.
2.
3.
4.
5.
6.

major

problems

faced

by

them

are:

Absence of adequate protective gear, and the hazardous working

conditions, violating Article 42 of Indian Constitution, due to which their
mortality rate is unusually high.
Heart-related problems, asthma and tuberculosis are common
diseases among them.
Many of them also die on-duty due to road accidents
They have to collect really hazardous garbage, especially in slums
and colonies. They have to inhale hazardous gases emanating from the
rotting garbage which irritates them and affects their mental health too.
They face social discrimination, considered 'kachrawala rather than
'safaiwala.
They lack economic security and in case of death at workplace the
compensation amount is meagre and their dependents do not get jobs
on
compassionate
grounds.

Government has taken various steps to provide assistance and improve

the conditions of
Safai
karmacharis.
The
major
such
initiatives
are:

1.

2.
3.
4.
5.

National Safai Karamcharis Finance and Development Corporation

(NSKFDC), 1997, as an Apex Institution for all round socio-economic
upliftment of the Safai Karamcharis and their dependents and to extend
concessional financial assistance to the Safai Karamcharis beneficiaries
for establishment of income generating projects.
National Scheme of Liberation and Rehabilitation of Scavengers
(1992) to provide alternate employment to the scavengers and their
dependents.
The Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act 1993.
Pre-matric Scholarships for the Children of those engaged in
unclean occupations.
Valmiki Malin Basti Awas Yojna (VAMBAY), 2001, with the aim to
provide
shelter.

All these initiatives have however not been rigorously implemented and
their success
still remains a distant dream, especially the Manual Scavengers Act of
1993. Safai karmacharis still are devoid of their right to healthy living and
working conditions, social inclusion and economic protection.

SECTION 377

01/02/2016
Section 377 of the Indian Penal Code (IPC) criminalises consensual sexual
acts of Lesbian, Gay, Bi-sexual and Transgender (LGBT) adults.
Delhi High Court had declared Section 377 unconstitutional, and said it
was in violation of the fundamental rights enshrined in Articles 14, 15 and
21 of the Constitution. HC said that Section 377 to apply only to nonconsensual, penile, non-vaginal sex, and sexual acts by adults with
minors.
This judgement was overturned by SC in 2013 on ground that Section 377
is constitutional and applies to sexual acts irrespective of age or consent
of the parties.
Petitioners argue that homosexuality was not a mental disorder, but a
normal and natural variant of human sexuality.
03/02/2016
SC refers case to constitutional bench. Says threat imposed by the
provision amounts to denial of the rights to privacy and dignity and results
in gross miscarriage of justice.
The petitioners have contended that homosexuality was not a mental
disorder, but a normal and natural variant of human sexuality. Even the

International Classification of Diseases (ICD-10) of the World Health

Organisation (WHO) and the Diagnostic and Statistical Manual (DSM IV) of
the American Psychiatric Association, the globally accepted standards for
classification of mental health, no longer considered non-peno-vaginal sex
between consenting adults as mental disorders.

SEX RATIO

PCPNDT

Act:

IMA demands changes in it

No improvement in sex ratio despite 20 years of its application
Instead it has 2 major negative impacts:
o
Deprived
community
of
life-saving
and
essential
ultrasonography which has become necessary all over world. It is noninvasive, cost-effective and accurate diagnostic tool
o
PCPNDT Act has made it extremely difficult for ultrasound
clinics to ensure compliance
o
Doctors and other medical professionals choose not to
conduct PCPNDT scans creating shortage of trained personnel.
Need is social reforms not medical bans
PCPNDT used by local authorities to harass clinics and extort money
.marriage in India is still believed to be the only route to a good
future for a woman. In the light of recent trend where women
from southern parts of India are marrying men from northern
states such as Haryana, critically comment on the statement.
(200
Words)
Marriage in India is considered as an essential part of life. The low sex
ratio in India has caused grave problems especially for men from Haryana
wishing to marry. The sex ratio in India is 941 with Haryana having a sex
ratio of 854, being the lowest and Kerala with a sex ratio 1058 being the
highest. This skewed sex ratio has caused Harayanvi men to flock to
Kerala, West Bengal and Bihar in search of brides. In India marriage is still
believed to be the only route to a good future of women because of the
following
reasons
:

1.

Financial dependency: Most women in India especially rural India are

financially dependent first on their parents and then on their husbands.
This is one reason forcing them to get married once they reach the
marriageable age.
2.
Social indignities: The society looks differential treatment between
married and spinster forces Indian women to marry even if they get an
unsuitable groom.

3.

Social security: It is very difficult for a single women to live alone in

India
without
falling
prey
to
onlookers
.

The reason why women from south are forced to marry men from Haryana
are:
1.

Economic burden: Girls are considered as an economic burden

especially in poor families. Due to sex ratio 1048, there are some
families in Kerela who are unable to marry off their daughter due to
poverty so they marry them off to Haryanvi men who come to Kerela due
to low sex ratio in Haryana.
2.
Possibility of better living: Women get married to Haryanvi men with
the
hope
of
having
a
better
living.
However, such marriages to almost strangers are tough for women to
adjust to as they need to adjust to new language, food and culture. The
treatment meted out to them is also very poor. Hence, there is utmost
need for female empowerment, gender sensitization, reduction of female
infanticide& foeticide, female education and providing job opportunities to
female. This will help in increasing the gender ratio, give choice to poor
women of their groom and improve the poor treatment meted out to
women.
It is a concern that the lowest child sex ratios are found in the
most prosperous regions of India. Discuss the causes for the low
child sex
ratio and its effects on the Indian society. (150 Words)
The child sex ratio of a society indicates the gender parity and the overall
gender based discrimination. The falling sex ratios in India indicate the
deep-rooted biased against women and clearly indicates that economic
growth is not translating into gender parity for women.
The causes for this include1.
Patriarchal mind-set of the Indian society
2.
misuse of technology for foetal sex determination
3.
The preference for male child due to various social and religious
misconceptions
4.
Improper implementation of the PCPNDT and MTP act
5.
Bureaucratic failure to implement the various girl-child based
schemes at grass root level
6.
Due to less education among the females, they fail to stand for
themselves
7.
In the Indian male-dominated families, females have almost no say
in decisions of sex based abortions
Moreover this is a vicious cycle: low female literacy, social restrictions on
females ----> females dependent on family/husband economically------>
no say in family planning, improper implementation of laws---->sex

selective abortions/neglect of
continuance of social restrictions.

girl

child---->low

female

literacy,

The most basic impact is that half of India's population, cutting across
castes, religions and social statuses are discriminated and taught to "live
like girl" with many social, educational and other restrictions.
Also, we are failing to harness the potential of half of our population
leading to increased poverty among the women & strengthening of
patriarchal mind-set in the country.
For a holistic growth of the country and following the natural laws of
justice, it is the duty of every Indian citizen to make the girl child equal to
the male child and implement in spirit "Beti bachao, beti padhao".
Poverty is clearly not a reason for falling sex ratio. Elucidate.
(200 Words)
Had poverty been the reason for the falling sex ratio, then it wouldn't have
been the lowest in the richest states. Punjab and Haryana can boast of
one of the highest per capita income in the country and yet the sex ratio
is continually dropping there.
Instead, what seems to be the major factor in the determining sex ratio is
the education level of the population. More importantly, the level of
education that is being given to girl is an indicative of the acceptance of
the girl child by the society. Since it is mostly a social construct, the
gender sensitisation is linked more to the cultural aspects rather than
economic.
Inspite of education and economic wellbeing, the capital Chandigarh too
has a horrific record in killing of girl child. Money and education have thus
become a tool to attain their parochial aims. It seems that until the
mentality of the people is changed, education would continue to
perpetuate the same stereotypes as the ones popular with the poorer
citizens of the nation.
The root of the problem perhaps lies in the economic and political inequity
systematically perpetuated by our society. Women have to have the right
of work as equal of their male co-workers and paid equally too. Rural
settings doesn't discriminate between the labourers but the modern
industry prefers the male worker, seen as more responsible towards the
company than the family. Strict laws need to be in place to ensure that
maternity leaves, childcare etc. doesn't come in way of a woman's career.
While the overall sex ratio has improved to 940 as compared to
933 in 2001, the child (0-6 years) sex ratio has shown an

unabated decline since 1961.

contradiction? (200 Words)

How

do

you

explain

this

As per the provisional data of Census 2011, while the overall sex ratio had
gone up by seven points to touch 940, against 933 in Census 2001, the
child sex ratio plummeted to 914 from 927.
The increasing trend has been seen in Punjab, Haryana, Himachal
Pradesh, Gujarat, Tamil Nadu, Mizoram and the Andaman and Nicobar
Islands, while in all the remaining 27 States and Union Territories, the ratio
has shown a decline.
This anomaly can be broadly attributed to biological and social reasons.
The decline in child sex ratio is due to the preference for male child in our
patriarchal society. Pre-natal diagnostic techniques lead to female
foeticide, due to which the child sex ratio can be said to be declining. Also,
at such an age, children are mostly dependent on their parents for
nutrition, where males are again the preference, as they are more likely to
be employed with the family as a child labourer.
As the industrialisation of India picked up in the early 1960s, the demand
for labour increased, supplementing the already high preference for male
children.
This coupled with the dawn of development in medical facilities in India
since early 1960s, the child sex ratio has declined continually.
But as age increases, females are at an advantage to males in most of the
ailments, due to following reasons:
1.
Women produce more antibodies and at a quicker rate than men,
and have more white blood cells.
2.
Women have a lower blood pressure than men, and, at least prior to
the menopause, are less likely to suffer from potentially deadly
cardiovascular diseases.
3.
Females usually have a higher life expectancy then men, due to
better psychological/ cognitive efficiency which stimulates more brain
cells.
So, if the effect of all social evils, leading to deaths of females at an early
age, is eliminated at the later stage of life, females survive more than
men, which explains the better sex ratio at the post dependency periods
of children.
SOCIAL PROGRESS INDEX
In a recent index called Social Progress Index (SPI), devised by an
NGO named Social Progress Imperative, India ranks lower than its
neighbours Nepal and Bangladesh. Write a critical note on this
index and Indias performance in the same. (200 Words)

Social Progress Index ranks countries on indicators of well-being such as

health, water and sanitation, personal safety, access to opportunity,
tolerance, inclusion, personal freedom and choice. What makes the SPI
unique is that unlike the HDI and the Gross Happiness Index, it doesn't
take into account any economic parameters and therefore advocates the
idea
that:

Measuring progress in monetary terms fails to consider the wider

picture of the real things which matter to real people;
There is no link whatsoever between economic and social progress.

While it is true that GDP is not a holistic measure of a nation's

development, it would be incorrect to state that the economic progress is
completely divorced from progress made in areas mentioned above. It is a
rather simplistic approach because economic growth of a country does
makes lives better. Therefore, however imperfect, a correlation exists
between these two parameters. Therefore, SPI may be faulted for
completely ignoring the economic parameters. It would have been able to
present a more comprehensive picture had it included economic indicators
even
with
reduced
weightage.
India has been ranked 101st among 133 countries much behind the BRICS
nations and less developed countries like Nepal and Bangladesh. Clearly,
its performance is less than desirable. It has a long way to go before it can
truly claim to have arrived on the world stage. India should realise that
just improving the lives of the most well off is not enough. The
development model adopted should be truly inclusive and must ensure
that the benefits of the economic progress trickle down to the grassroots
level
resulting
in
their
upliftment.

SPI measures the extent to which countries provide for the social
and environmental needs of their citizens. Fifty-two indicators, in the
areas of basic human needs, foundations of well-being, and
opportunity, show relative performance in order to elevate the
quality of discussion on national priorities and to guide social
investment decisions.
The primary goal of the Social Progress Index is to provide a rigorous
tool to benchmark progress and stimulate progress within countries.
It mainly measures the indicators of social outcomes, rather than
measuring inputs, so as to access the social progress in the country.
SPI provides a better way of assessing the quality of development of
country, as GDP is too one dimensional, and can be misleading when
one tries to assess scale of development through GDP.
Several indicators, like GHI and HDI, go beyond GDP, but none
captures social progress as finely as SPI.
But the index still contains 133 countries, and leaves out many
other countries, so this report can be considered as a pre mature
report, as several ranks may change by including other countries.

India does not display a respectable position in the index, as even

the small neighbours like Nepal have a better rank. India is also the
lowest rank holder in BRICS.
Indias excess focus on GDP may be said as one of the reasons, due
to which such indexes are mostly ignored.
To improve the rank, the present social beneficiary schemes need to
be implemented with better audit mechanism, so as to ensure zero
fund leakage and no bogus beneficiary. Skill imparting programs
should be diversified to the villages too, so that people can live with
a
better standard of living.
Such measures will help India in achieving a better position in the
Index, while simultaneously improving on GDP too, due to more
skilled population.

SOCIAL SECTOR SPENDING

Over the past few years spending on social sectors by the union
government is either flat-lined or reduced. Examine its
implications on social sector and critically comment on changing
priorities of government at the cost of social sector. (200 Words)
During the last few years, govt spending has largely increased on
industrial front, so as to gain economic development as fast as possible.
This has led to a neglect of the social sector reforms, like the health
sector, pollution, education, sanitation and housing problems in urban
areas.
This

has

led

to:

1.

A high level of inequality in development of industrial and social

sector, with the rich and the poor difference increasing further.
2.
The negative externalities have increased with the rising pollution
and the consequent disease spread, leading to an increased cost of living
imposed on the society.
3.
The delays in implementation of schemes like Swacch Bharat
Abhiyan and irregular salary received in MGNREGA, have increased
unrest among a large section of the population, leading a lack of faith on
the govt.
4.
Due to lack of attention given to issues like child labour, export
sector is also affected to some extent, as several countries refuse to buy
products which involve exploitation of children, in the production
process.
According to the govt, such neglect is justified by looking towards the top
to bottom approach, as such approach helps the lower sector
development when the upper sector has enough money to invest in such
society beneficial schemes. The economic progress is supposed to trickle

down, where when the industries progress, they will have more production
opportunities, will employ more people and consequently, people will have
more
options
to
raise
their
standard
of
living.
But such approach is rarely seen as effective, as the industrial sector is
least bothered about the progress of the society, whatever profit is
incurred is invested back into the industry, or is shipped abroad in the
form of black money. So, it again comes down to the govt to think of the
society in general, and implement such schemes which can help in social
sector
reforms.
Instead of the top to bottom approach, a decentralised approach is
needed in the country while giving adequate budgetary aid, where the
implementation process can be audited at the ground level, leading to
least possible leakages in the allocated budget and consequent
improvement in the social sector
When it comes to providing social protection to its citizens, it is
said that India's record is abysmal. Critically analyse the status of
social protection available to India's citizens.
The social protection available in India can be divided under 6 heads:
1.
Children's education, nutritional status and health. The Right to
Education Act (2009) provides specific entitlements to children to free
schooling.
2.
Employment and Livelihood Security. Schemes like MGNREGA, skill
development and labour reforms have been initiated.
3.
Social Pensions. The recently launched trinity of Suraksha Bima
Yojna, Jivan Jyoti Bima and Atal pension yojna along with Jan Dhan yojna
may prove to be a game changer if maximum coverage is attained
4.
Social Health Protection. A draft health bill is under way but govt.
spending on health services has been below par. This has been identified
as one of the major reason for poverty. Schemes like health cards,
swasthya bima yojna are avaible.
5.
Food Security. The National Food Security Bill proposes to give an
entitlement of subsidised cereals to up to 75 percent of the rural
population and 50 percent of the urban population.
6.
Housing. The goal to provide housing for all by 2022 has been set in
this direction apart from the schemes.
Coverage:
1.
In terms of social sector spending as a percentage of GDP, India
comes last among the BRICS nations. That Bangladesh performs better
than India in this segment, is a telling sign.
2.
Despite the presence of pension schemes both at the Centre and
the State level, pension is received by less than one-fourth of the eligible
population.
3.
While India has a fairly vibrant insurance sector, it has one of the
lowest insurance penetrations. When it comes to insurance products and

services, while, the high and middle income households are spoilt for
choice, low income households has little or no options available.
4.
The situation is similar when it comes to health coverage. In fact,
the lack of reliable public health services and the absence of health
insurance compel the poor to spend heavily on private medical care. This
only exacerbates their already precarious economic situation.
The biggest gap in India's social security fabric seems to be the absence
of social protection of the poor working in the unorganized sector.
Therefore, the need of the hour is a universal social security net, which
covers the workforce engaged in both organized and unorganized sectors
and shall include at the very least social insurance, social assistance for
life, health cover and old age benefits.
In this light, the recently launched PM Suraksha Bima Yojana, Jeevan Jyoti
Yojana and Atal Pension Yojana besides the further opening up of the
insurance sector for FDI are
some commendable efforts made by the government.
SUICIDE
According to a recent data, in 2013, for the fifth year in a row, the
number of suicides in India stayed above one lakh and was only
slightly lower than the previous year. Critically examine the
causes behind this disturbing trend and measures needed to
address
this
issue.
(200
Words)
Suicides are a growing menace in India. It needs to be tackled on a war
footing as each of these deaths is potentially preventable if only the root
cause could be identified. The causes behind the rising incidence of
suicides
are
as
follows
1.
2.
3.
4.
5.

There has been a surge in the suicide rates of farmers due to the
increase in the incidences of weather anomalies which has adversely
affected their crops.
Students are always under pressure to perform well and support
their families. Failures in exams and the consequent shame act as a
trigger for them to commit suicide.
Amongst women, the suicide rates of housewives are higher, due to
the fact that their husbands are spending greater time at work and thus,
they face greater stress.
In recent times, opportunities have increased but so has the risks. A
lot of people are not able to handle the risk.
The traditional structure of Indian families is breaking up as people
move out of their homes for the purpose of education or livelihood.
Staying
away
from
home,
increases
stress
for
people.

The problem of suicides can be tackled in the following ways -

1.

Most suicides are impulsive decisions. Thus, having a dedicated

helpline for people could provide people with counselling to ensure that
they do not take any extreme step.
2.
The stigma around consulting mental health professionals like
psychiatrists needs to be removed by awareness drives.
3.
Provision of counsellors for vulnerable groups like students in
schools or people in high risk jobs could also help.
4.
Increasing the number of mental health professionals to ensure that
psychological problems like depression which could lead to suicide are
tackled
early.
The government's approach must change from considering suicide as
crime to recognizing that people attempting suicides are facing problems
which impacts their mental peace and that needs to be tackled to reduce
the number of suicides.
Recently the Rajasthan High Court rules that the Jian practice of
Santhara would henceforth be treated as suicide and made
punishable under Section 309 (attempt to commit suicide) and
Section 306 (abetment of suicide) of the Indian Penal Code (IPC).
Critically
comment
on
this
ruling.
(200
Words)
HC ban on Santhara, practice of ending one's life by abstaining from food
and water, opens up the Pandora's box of conflicting opinions between the
State's role in one's religious practices. It has two opposing factions.
Opposing the ban, Jains have pointed out the marked difference between
'suicide' which is ending life due to desperation and anguish and
'Santhara' which is a form of renunciation of body to free one's soul. It
must also be noted that Section 309 of IPC has its origins from British law
of Christian faith which abhors ending of life. The Jains also term this
practice an act of 'ahimsa' drawing comparisons to the fast unto-death
undertook by the likes of Mahatma Gandhi and Manipur's 'Iron Lady', Irom
Sharmila.
On the other hand, the writ petition claimed this practice as a 'social evil'
with an element of coercion. It also points out that it may lead to the rise
other derogatory practices such as 'sati'. Further, the HC judgement is
also based on the precedent set in the 'Gian Kaur vs State of Punjab'
which stated that suicide is an 'unnatural extinction' of life and hence
incompatible
with
the
Article
21
of
constitution.
This case is a challenge that faith-based societies face while adopting the
modern and secular rules of governance. It also challenges the balance
between the freedom of religious expression on one hand while the need
for State's intervention in one's religion in the other. There is also a fear
among the minorities of being homogenised in the mainstream impeding
a blow to the tenets of religious tolerance in our country. The court's
decision is coherent to the prevalent judicial as well as legislative stand.

However, the legislations and constitution of the country must explicitly

and universally accept that Humanism and Rationalism supersedes
religious beliefs of a community which have the slightest possibility of
violating human rights of a person.

TRANSGENDER
Facts:

Things are changing. Example: Delhi government has decided to

introduce the transgender category in forms for registration of birth and
death certificates

SC has clarified to the Centre that lesbians, gays and bisexual

persons does not come under the category of transgenders

Related notes:
Read Section 377

SDG MDG
MDG AND SDG

What is the difference between MDG and SDG?

Aims

at

global

systemic

reforms

(1). First 7 SDGs are an extension of the MDGs

(2). Goal 8,9, and 10 cover aspects such as
inclusiveness and jobs,
Infrastructure and industrialisation
Distribution
(3). Final set of 7 goals lay down framework for sustainability spanning
Urbanisation
Consumption and production
Climate change
Resources and environment
Peace and justice
Means of implementation and global partnership
While the question of access to technology runs across the SDGs, there is
no agreement on a technology facilitation mechanism which India strongly
supports.

As per UN assessment, India has not fulfilled the MDG targets of

Universal primary school enrolment

Empowering women through wage employment and political

participation

Reducing child and maternal mortality

Improving sanitation to end open defection
Halved poverty rates from 1990 level
Reversed incidence of HIV/AIDS
Reduced malaria and TB deaths
Lags in:
Checking maternal mortality and child mortality
Failed to address prevalence of hunger
Child malnourishment and underweight
Sanitation
Disease burden continues to be high
Worries:
(1). India dont have financial resources to implement SDGs
(2). India dont have adequate data to frame relevant policy

What

is

MDG?

These are eight international development goals that were established

following the Millennium Summit of the United Nations in 2000, following
the adoption of the United Nations Millennium Declaration. They were set
to
be
achieved
by
2015.

These are time-bound and quantified targets for addressing extreme

poverty in its many dimensions-income poverty, hunger, disease, lack of
adequate shelter, and exclusion-while promoting gender equality,
education, and environmental sustainability.
They are also basic human rights-the rights of each person on the
planet to health, education, shelter, and security.
Since the adoption, there has been significant progress in many of
the goals. But the progress has not been uniform. The progress differs
from country to country and even within the country.
8

1.
2.
3.
4.
5.
6.
7.
8.
Each

MDGs
Eradicate Extreme Hunger and Poverty
Achieve Universal Primary Education
Promote Gender Equality and Empower Women
Reduce Child Mortality
Improve Maternal Health
Combat HIV/AIDS, Malaria and Other Diseases
Ensure Environmental Sustainability
Develop a Global Partnership for Development
goal has specific targets, and dates for achieving those targets

What

are

the

SDGs?

The SDGs are a set of 17 goals and 169 targets aimed at resolving
global social, economic and environmental problems.

These new SDGs replace the Millennium Development Goals (MDGs)

which were adopted in 2000 and expire this year.

Aiming to encompass almost every aspect of human life, the main

themes of the SDGs are ending poverty, tackling inequality and
combating climate change.
According to the UNs own estimates, achieving the 17 Sustainable
Development Goals and 169 targets meant to transform the world will
require over 250 billion dollars annually for the next 15 years.
What did the MDGs accomplish?
The United Nations says the MDGs a set of eight goals with 21 targets
led
to
achievements
including:

more than halving the number of people living in extreme poverty,

to 836 million in 2015 from 1.9 billion in 1990
gender parity in primary schools in the majority of countries
reducing the rate of children dying before their fifth birthday to 43
deaths per 1,000 live births from 90
a fall of 45% in the maternal mortality ratio worldwide
some 37 million lives saved by tuberculosis prevention and
treatment, over 6.2 million malaria deaths averted, and new HIV
infection rates down by around 40%
access
to
improved
sanitation
for
2.1
billion
people
Why

do

we

need

SDGs?

Some 795 million people around the world still go hungry and
around 800 million people live in extreme poverty, with fragile and
conflict-torn states experiencing the highest poverty rates
between 2008 and 2012, 144 million people were displaced from
their homes by natural disasters, a number predicted to rise as the
planet warms, bringing more extreme weather and rising seas
water scarcity affects 40% of the global population and is projected
to increase
some 946 million people still practice open defecation
gender inequality persists in spite of more representation for women
in parliaments and more girls going to school
57 million children still denied right to primary education
However, please note that these SDGs arenon binding.
From <http://www.insightsonindia.com/2015/09/26/insights-daily-currentevents-26-september-2015/>

The SDGs emphasise the importance of responsible consumption and

production, one of the 17 goals.
Critically analyse Indias performance on the Millennium
Development Goal for gender Equity. Evaluate the initiatives
taken by the government for gender equity and shortfalls therein.
(200 Words)
Spanning a range of development indicators - poverty, gender, health,
education and the environment - the MDGs essentially established a set of
targets
for
the
global
community
to
achieve
by
2015.
3rd MDG is to eliminate gender disparities at all levels of education and
women empowerment. This is assessed to be "on track" for primary and
secondary
education,
but
"slow"
for
higher
education.
India currently ranks 136 out of 186 countries in the UN's Gender
Inequality Index. Which translates that India is in the bottom 25% of all
countries. On the women empowerment front, women are poorly
represented in the workforce, have to face deep seated prejudices and
experience violence, prevalent across all sections of the society. In the
parliament, women represent just above 11% of total seats, so necessarily
the critical decisions on women empowerment are taken by men.
However as a signatory to the CEDAW and the CRC India has a number of
progressive laws that support gender equality and ending discrimination
and
violence
against
women.
1.
2.
3.

Right to education and not merely a welfare programme

Beti bachao, Beti padhao campaign
Every state has its own programme along with other central
programmes for ensuring female education, health and empowerment
4.
Under the Sexual Harassment of Women at the Workplace Act, the
Criminal Law (Amendment) Act of 2013 expands the scope of sexual and
gender based crimes against women.
The implication for a robust national solution, then, is that region or statespecific
responses that are customised to local conditions need to be put in place.
The glass, half full shows a positive Indian progress and will act as a boost
to further reduce gender
disparities in India.
Critically evaluate Indias progress in achieving the targets of the
Millennium
Development
Goals
(MDGs).
(200
Words)
The Millennium Development Goals are a list of 8 Goals envisaged by the
UN for all the countries to achieve by 2015. Now, after the expiry of this

date, the Paris Summit will decide upon the Sustainable Development
Goals for its future course. Indias performance in MDGs
Performed Well
Reduced poverty and hunger by half(MDG 1),
Achieved control on the spread of HIV, malaria etc. (MDG 6),
Improved access to adequate sanitation to eliminate open
defecation;

has increased forest cover and has halved the proportion of

population without the access to cleaning drinking water, (MDG 7),

Indias international relations and expanding regional cooperation is

positive.
(MDG
8)

Not reached the Goals in

Rising inequality in poverty (MDG 1),

lesser womens literacy, (MDG 3),

not satisfactory enough in MMR and IMR (MDG 5)

Some of the constraints for not achieving all the MDGs and relatively low
performance with respect to neighbouring countries is due to overpopulation, lesser economic strength, government bureaucratic apathy
etc.
Nevertheless India is on the right path in reaching the other goals too,
especially through its various flagship programs and an increased
concentration on the UN MDGs even in the Budget, Economic Survey and
Five-Year Plans and also hoping to act as early as possible on sustainable
development goals post 2015.
India has met only four of ten health targets under the
Millennium Development Goals (MDG), and has made next to no
progress on another four, according to new data from the World
Health Organisation. Elaborate and examine the causes of poor
performance by India. (200 Words)
Some of the
satisfactory
tuberculosis
attended by

Indicators where India has met the MDG targets or progress is

are reduction in HIV incidences (57%), mortality rate for
(50%), increase in access to safe drinking water and birth
skilled health personnel.

Yet it missed most of the MDGs targets such as; reduction in under-five
mortality rate, infant mortality rate, maternal mortality rate, measles
immunization coverage of 1 year children, only 22 % reduction in
proportion to population in access to improved sanitation.
The main reasons for not achieving the MDGs by 2015 are:

Lack of quality and accountability in sterilisation surgeries

Staff vacancies and non-availability of Health personnel

Low Budgetary allocation to health sector
Lack of awareness among public about sanitation
Prevalence of open defecation
High levels of pollution
Insufficient access to PHCs and logistical difficulties in rural and
tribal areas
Lack of demand and confidence in vaccines among public
Inefficient reporting and management

If you are asked to enumerate next set of Millennium

Development Goals for least developed and developing countries
to achieve between 2015 and 2030, what would be your priorities
and goals? Also highlight, in your opinion which institutions might
play crucial role in helping countries achieve these goals and why.
(200 Words)
MDG has achieved very good result in last 15 years and responses it
received from Developed and funding nations are good. We must
remember that we already achieved great success in primary education,
eliminating extreme poverty, gender equality, checking IMR and MMR,
control of AIDS. But not much progress is done on environmental side. For
the next MDG for 2015-2030 for LDW and developing nations some
priorities:

Equipping young population with some minimum skill set regime

and setting up vocational training centre. Reducing unemployment.

Cheaper medical facilities and medicines.

Clean and Sanitation surroundings.
Increasing the green cover.
Ground water recharging.
River and water body revival and cleaning.
Spreading the use of IT and Communication in all parts of world.
Reducing racism, casteism or any kind of discrimination.
As we can observe in last decadal development that, developing nations
holds promising future and potential to bring positive change in world. So,
organisation like ILO can monitor Skilling youth programme, AIIB+NDB can
provide soft loans for small projects in LDN and Developing nations in fast
way as compared to World bank, G20 can come up with mandates for
every central bank of nations to focus on some priority sectors so that
bank provide loans easily for those sectors. CITES, UNESCO can play role
in conserving biodiversity, nation heritage, science
SDG GOAL 7

Access to Affordable, Reliable, sustainable and Modern Energy

India's Situation:

India has world's largest population without modern energy access

400 mn - No electricity

800 mn - traditional biomass to cook

Government Plans: 24 X 7 access electricity supply by 2022 to every

household. For this there are plans for:
New power plant
Increased coal production
Large renewable energy investment
Strengthening Transmission and distribution infrastructure

Cooking fuel as Hazard:

Indoor Air Pollution: 5-9 lakh deaths annually, main victims women
& children

Respiratory, Heart diseases

Burden on women - Collecting fuel

Environmental impact- black carbon, GHG

Need is:

Efficient biomass stoves

Replacing biomass with cleaner fuels

Promote LPG (only 15% or rural household have adopted LPG)

o
Differentiated LPG subsidies based on income

Strengthening LPG distribution network in rural areas

SPECIAL ARTICLES
RSTV BIG PICTURE
FDI IN ECOMMERCE

31/03/2016
Recently government passed an order allowing 100 percent FDI in market
place model of e commerce sector with some regulations and restrictions.
The industry which has been growing at a phenomenal phase (1 billion $
to 14 Billion $) since few years, the 100% percent FDI in e-commerce
industry is welcomed with both prudence and Joy. This article deals with
certain issues relating to E-commerce industry.

Definition of e commerce:
Buying and selling of goods and services including digital products over
digital and electronic network.

Features of new FDI ruling:

100% FDI allowed in market place model of e-commerce.

Market place model and inventory based model of e-commerce well
defined.
Level playing field to all sellers in market place model.
Sales through one vendor not to exceed 25% in market place
model.

As it turns out, the FDI ruling does not only come as a rude awakening to
sellers but buyers as well. According to the guidelines, no seller has the
right to revise the price of a product which ensures fair competition. This
ruling could mean the end of special sale days like Flipkarts Big Billion
Day or special offers provided by the likes of Amazon, Snapdeal etc. In
addition, sellers could be forced to sell products on their platform at prices

much higher than what the Indian online shopper is used to. This is could
bring brick-and-mortar stores back into the limelight.

Following are some of the concerns:

Indian market is not yet ready for opening up e-retail space to

foreign investors. It will seriously impair small time trading of brick and
mortar stores. Small time shopkeepers are not highly qualified and will
not be able to compete with sound e-retail business format.

Because of scale of economic operations, e-commerce players in the

inventory based model will have more bargaining power than
standalone traders and will resort to predatory pricing.

The infrastructure created by major e-commerce players will be

captive and government will not be able to achieve its objective of
creating back end infrastructure.

Indian e-commerce market is at a nascent stage of development.

With FDI in e-commerce, global players will have adverse impact on
this domestic industry. It will lead to monopolies in ecommerce,
manufacturing, logistics and retail sector.

Inventory based e-commerce competes directly with MSMEs. Indian

e-commerce B2C is growing in an eco- system with Indian owned/led
companies offering open marketplace models which provide a
technology platform to help MSME reach across India and even globally.
These marketplaces do not compete with MSME or retailers and allow
everyone to trade. On the other hand, allowing the entry of inventory
based large foreign e-tailers may shrink Indian entrepreneurship and
the MSME sector.

However there are some advantages too:

Boost to the infrastructural development: Impetus to manufacturing

sector: Growth in retail sector will have cascading effect in the
manufacturing sector which will positively contribute to overall growth
of economy and job creation.

More efficient supply chain management: Will reduce the need for
middlemen leading to lower transaction costs, reduced overhead and
reduced inventory and labour costs.

Adopting best global business practices: Will lead to better work

culture and customer service.

Increased outreach: Will provide increased access to buyers/sellers;

allow MSMEs and artisans to reach out to customers far beyond their
immediate location, both locally within India and abroad.

Traceability and transparency: Will not only empower consumers

with information and data but also help in better compliance of
regulatory framework.

Reduced costs: On marketing and distribution, travel, materials and

supplies will benefit businesses.

Improved customer service: providing more responsive order taking

and after-sales service to customers and competitive pricing.

With new regulation in place ultimately government is legitimising the

sector which before was neither regulated nor well defined. With new
regulation in place there is a clarity which can help to assist growth by
considering all the stake holders involved in the sector. However there are
various concerns listed above that needs to be addressed through holistic
approach.

Also read FDI in e-commerce

MINORITY RIGHTS ROLE OF JUDICIARY

05/04/2016
Secularism is one such topic which is widely debated and subjected to
wider range of interpretations from time to time. The debate on
secularism invariably includes the role of judiciary and the how the rights
of minorities are interpreting and implemented in reality. In latest round of
debate vice president Hamid Ansaris passionate plea to Supreme Court to
clarify the contours of principles of secularism and composite culture and
as to how state and religion should be kept apart to promote harmony in
the society has triggered a huge discussion. This article deals with the role
of judiciary in safeguarding minority rights.
To expect Supreme Court to define secularism is too much of an obnoxious
outlook as Supreme Court by itself is not bound by its own judgements.

With changing times the dynamic issue like secularism is more prone to
evolve as the generations evolve.
The Supreme Court in its various judgements has implicitly mentioned
that the society should move towards having a uniform civil code. But this
is not easy as it is said. However governments and political executives
need to work towards creating a favourable environment so that the
society can adopt uniform civil code without compromising the interests of
the minorities. The role of the state in such transitions should be as
minimal as possible but not zero. Political executive need to be sensible
and prudent in not creating any undue situations so that the idea of
secularism is distorted to the advantage of few.
However other experts are of the view that the role of the judiciary in
interpreting things like secularism comes only when the executive and
legislative has failed to give a proper understanding to the public if
otherwise has the potential to create unwarranted tensions in the society.
It is necessary to have faith in constitution, executive, legislature in
resolving such issues rather than bypassing all three and looking for
solution in judiciary.
The concept of Secularism is like flowing water. It is never the same. It is
not possible have a fixed ideas about it. Rather it is necessary have wide
ranges of debate as time evolves and try to accommodate ideas to the
best interest of people of our country reaffirming the vibrant culture that
is celebrated over years. The issue is complex and has high probability for
misinterpretation; it is the duty of the state in preventing such incidents
and work towards creating more just and humane society.
PRESIDENTS RULE UTTARAKHNAD

01/04/2016
Background:
The political crisis in Uttarakhand started when nine Congress MLAs, along
with 27 BJP legislators, met Governor K. K. Paul at the Raj Bhavan in
Dehradun, and sought the dismissal of the Congress government led by
Chief Minister Harish Rawat. Following which Mr. Rawat met the Governor
and maintained that he enjoyed a majority in the 71-seat Uttarakhand
Assembly. Governor K.K. Paul allowed Mr. Rawat to prove his majority in
Assembly. However, before he could proceed further, Presidents rule was
imposed in the state.

What the Single Judge Bench order says?

The Single Judge Bench had ordered a floor test and had also allowed
disqualified MLAs to take part in it. In effect, the order temporarily revived
the Assembly for one day for the purpose of conducting the trust vote,
and also appeared to be a partial stay on the Proclamation imposing
Presidents rule.

What the division bench said?

A Division Bench of Uttarakhand High Court has kept the previous order in
abeyance till April 6. This decision is based special appeals filed by the
Centre and opposition parties in Uttarakhand over ambiguities in the
single judge bench order of the court where Mr.Rawat was permitted a
floor test.

Why cant floor test be taken now?

According to the centre, after the imposition of Presidents Rule, the State
legislature cannot function and all its functions can only be discharged by
or under the authority of Parliament. Also, voting is not permitted under
Presidents rule.

How centre defends the imposition of Presidents rule?

The Centre is of the view that continuance of the Rawat government was
immoral and unconstitutional when the Speaker declared the
Appropriation Bill passed in controversial circumstances.

What speaker did wrong?

During passing of appropriation bill he allowed voice vote although BJP
and rebel congress MLAs (27+9) asked for division i.e. vote using
Automatic Vote Recording Equipment. Also voice vote is based on
conviction that government in power holds majority in the house but here
the case was different as defeat of appropriation bill would have called for
government to prove its majority in the floor of the house.

Is the Centre right in doing so?

One does not dispute the fact that there may have been certain
procedural issues arising from the passing of the Appropriations Bill in the
State, but it has been constitutional convention for many years thatthe
decision of the Speaker with regards to a procedural decision is often
taken as final. Even so, if the Speakers decision went against established
constitutional principles, there are mechanisms in place to remove the
speaker.

The power of the Central government under Article 356 is a most

extreme power as it enables it to dismiss a Sate Government and place
the Assembly in suspended animation or dismiss the enter Assembly if
need be and call for fresh elections.

However, according to some experts, there was no such situation

brewing in Uttarakhand. There are constitutional mechanisms in place
to remedy this situation, and one of them is a no-confidence motion. If
the Chief Minster had lost the vote, the Governor had a myriad of
options at his disposal, including dissolving the House and call for fresh
elections.

What this proclamation does, however, is that it cuts short extensive

constitutional machinery, designed specifically to deal with situations such
as this and perhaps, at most, delay an inevitable early election. Seldom
have state governments been dismissed because of procedural decisions
by a Speaker concerning a bill being brought to the floor for a vote, even
seldom still before a scheduled No-Confidence vote.

Conclusion:
Though the Centres position might be constitutionally correct, the single
Judge Bench order apparently adheres to the letter and spirit of the SR
Bommai judgment, which allows the court to evaluate the material on the
basis of which the Presidents decision was taken. In this particular case,
according the Bommai judgment, the governments majority can only be
tested on the floor of the house.

SIMULTANEOUS ELECTIONS

01/04/2016
Background:

The political crisis in Uttarakhand started when nine Congress MLAs, along
with 27 BJP legislators, met Governor K. K. Paul at the Raj Bhavan in
Dehradun, and sought the dismissal of the Congress government led by
Chief Minister Harish Rawat. Following which Mr. Rawat met the Governor
and maintained that he enjoyed a majority in the 71-seat Uttarakhand
Assembly. Governor K.K. Paul allowed Mr. Rawat to prove his majority in
Assembly. However, before he could proceed further, Presidents rule was
imposed in the state.

What the Single Judge Bench order says?

The Single Judge Bench had ordered a floor test and had also allowed
disqualified MLAs to take part in it. In effect, the order temporarily revived
the Assembly for one day for the purpose of conducting the trust vote,
and also appeared to be a partial stay on the Proclamation imposing
Presidents rule.

What the division bench said?

A Division Bench of Uttarakhand High Court has kept the previous order in
abeyance till April 6. This decision is based special appeals filed by the
Centre and opposition parties in Uttarakhand over ambiguities in the
single judge bench order of the court where Mr.Rawat was permitted a
floor test.

Why cant floor test be taken now?

According to the centre, after the imposition of Presidents Rule, the State
legislature cannot function and all its functions can only be discharged by
or under the authority of Parliament. Also, voting is not permitted under
Presidents rule.

How centre defends the imposition of Presidents rule?

The Centre is of the view that continuance of the Rawat government was
immoral and unconstitutional when the Speaker declared the
Appropriation Bill passed in controversial circumstances.

What speaker did wrong?

During passing of appropriation bill he allowed voice vote although BJP
and rebel congress MLAs (27+9) asked for division i.e. vote using
Automatic Vote Recording Equipment. Also voice vote is based on
conviction that government in power holds majority in the house but here
the case was different as defeat of appropriation bill would have called for
government to prove its majority in the floor of the house.

Is the Centre right in doing so?

One does not dispute the fact that there may have been certain
procedural issues arising from the passing of the Appropriations Bill in the
State, but it has been constitutional convention for many years thatthe
decision of the Speaker with regards to a procedural decision is often
taken as final. Even so, if the Speakers decision went against established
constitutional principles, there are mechanisms in place to remove the
speaker.

The power of the Central government under Article 356 is a most

extreme power as it enables it to dismiss a Sate Government and place
the Assembly in suspended animation or dismiss the enter Assembly if
need be and call for fresh elections.

However, according to some experts, there was no such situation

brewing in Uttarakhand. There are constitutional mechanisms in place
to remedy this situation, and one of them is a no-confidence motion. If
the Chief Minster had lost the vote, the Governor had a myriad of
options at his disposal, including dissolving the House and call for fresh
elections.

What this proclamation does, however, is that it cuts short extensive

constitutional machinery, designed specifically to deal with situations such
as this and perhaps, at most, delay an inevitable early election. Seldom
have state governments been dismissed because of procedural decisions
by a Speaker concerning a bill being brought to the floor for a vote, even
seldom still before a scheduled No-Confidence vote.

Conclusion:

Though the Centres position might be constitutionally correct, the single

Judge Bench order apparently adheres to the letter and spirit of the SR
Bommai judgment, which allows the court to evaluate the material on the
basis of which the Presidents decision was taken. In this particular case,
according the Bommai judgment, the governments majority can only be
tested on the floor of the house.

ICWA
FINANCIAL ACTION TASK FORCE AN INDIAN PERSPECTIVE

Money laundering and the financing of terrorism are financial crimes with
economic effects.

International Monetary Fund (IMF), United Nations (UN), Asian

Development Bank (ADB) and others are involved in countering the twin
problems of money laundering and terrorist financing.

Financial Action Task Force (FATF) established in 1989 at a Group of Seven

(G7) Summit held in Paris

The objectives of the FATF as identified are therefore to set standards and
promote effective implementation of legal, regulatory and operational
measures for combating money laundering, terrorist financing and other
related threats to the integrity of the international financial system. It
acts as a policy-making body working to bring about national legislative
and regulatory reforms in these areas. The FATF comprises of 35 member
countries including two regional organisations, namely European
Commission and the Gulf Cooperation Council.

The requirements of terrorist financing fall into two categories:

1.

firstly, funding specific terrorist operations and

2.

secondly, broader organisational costs to develop and maintain the

organisational support as well as to promote the ideology of a terrorist
organisation

The FATF Report on Emerging Terrorist Financing Risks (ETFR)

released on October 2015 revealed that the traditional terrorist financing
methods like proceeds of criminal activity, abuse and misuse of non-profit
organisations, private donations, kidnapping for ransom, extorting local
and Diaspora populations and businesses and illegal money transfers are
still considered to be significant terrorist financing risks. Other emerging
terrorist financing threats include crowdfunding, using prepaid cards for
social network fundraising, promotion of virtual currencies and internetbased payment services. The control and exploitation of natural resources
like oil, gas, timber, diamonds, gold etc. by terrorists to extract revenues
for supporting their causes have also been identified as significant
terrorist financing risks.

The platform of social media has been used by terrorist groups not only to
raise funds but also attract followers who seek to support the cause of the
terrorists.

With the aim to strengthen global counterterrorist financing regimes to

tackle the threat of terrorist financing FATF came up with Consolidated
Strategy on Combating Terrorist Financing having five focus areas. They
are:

(1) Improve and update the understanding of terrorist financing risks, in

particular the financing of ISIS/Daesh.
(2) Ensure that the FATF Standards provide up-to-date and effective tools
to identify and disrupt terrorist financing activity.
(3) Ensure countries are appropriately and effectively applying the tools,
including UN Targeted Financial Sanctions, to identify and disrupt terrorist
financing activity.

(4) Identify and take measures in relation to any countries with strategic
deficiencies for terrorist financing.
(5) Promote more effective domestic coordination and international
cooperation to combat the financing of terrorism.

Legal Framework in India:

1. Unlawful Activities (Prevention) Act, 1967 (UAPA): provided for

the prevention of certain unlawful activities of individuals and associations
and for matters connected therewith. It was amended in 2004 to
criminalise terrorist financing. It was further amended in 2008 to broaden
its scope and confirm with the requirements of the United Nations
Convention on the Suppression of the Financing of Terrorism.

2. Conservation of Foreign Exchange and Prevention of Smuggling

Activities Act, 1974 was introduced to prevent smuggling and the
Smugglers

3. Foreign Exchange Manipulators Act,1976 provided for the

forfeiture of illegally acquired properties of smugglers and foreign
exchange manipulators.

4. Foreign Contribution (Regulation) Act, 1976 dealt with regulating

the acceptance and utilization of foreign contribution and foreign
hospitality

5. Narcotic Drugs and Psychotropic Substances Act, 1985 made

stringent provisions for the control and regulations of operations relating
to narcotic drugs and psychotropic substances

6. Foreign Exchange Management Act (FEMA), 1999 was enforced to

regulate the development and maintenance of foreign exchange market

7. Prevention of Money Laundering Act, 2002 (PMLA) which came

into force in 2005 and amended in 2009 and 2012 was introduced to
counter the trend of money laundering

Indias compliance with global standards in countering money laundering

and terror funding is on the right track, however the gaps need to be
addressed and worked upon.

India has adopted its own model to fight money laundering and terrorist
financing based on its specific domestic and regional considerations. The
Ministry of Home Affairs (MHA) monitors the system to track terror
funding. In fact, a special cell called Combating Financing of Terrorism
(CFT) Cell was created in the Internal Security Division of MHA in 2011 to
coordinate with Central Intelligence Enforcement Agencies and the State
Law Enforcement Agencies to develop an integrated approach to tackle
the problem of terror funding. The MHA also coordinates with the FATF Cell
in the Department of Economic Affairs, Ministry of Finance. The Financial
Intelligence Unit-India (FIU-IND) established under the Ministry of Finance
in 2004 receives, analyses and disseminates information relating to
suspicious financial transactions involving suspected money laundering
and terrorist financing to Intelligence / Enforcement Agencies and
Regulatory Authorities.
To enhance the functionality of the FATF in India, government agencies
have launched a National Risk Assessment exercise on January 2016 so as
to identify the sectors that are most susceptible to money laundering and
terror funding and thereby plug deficiencies, if any. This conforms with the
FATF recommendations.
NATO WARSAW SUMMIT 2016
27th North Atlantic Treaty Organisation (NATO) Summit was held in
Warsaw, Poland in 2016. Termed as a landmark summit, it was a crucial
gathering of NATO member-states to decide the next course of security
policy in Europe and beyond. Broadly, the stated objective of the Warsaw
Summit was to take decision on enhancing the Alliances security by
strengthening its deterrence and defence, and projecting stability beyond
its borders.
A number of issues, ranging from the political and security situation in
Eastern Europe, Middle East and North Africa to relations with Russia,

Afghanistan and non-traditional security threats, including cyber security,

and NATO-European Union (EU) cooperation were discussed for future
course of policy orientation. Security situation in Eastern Europe and
relationship with Russia figured high on the NATO agenda.
Security concerns:
1.
2.
3.

Islamic State of Iraq and the Levant (ISIL)

political instability in Afghanistan, Middle East and North Africa
War in Syria and Iraq caused massive displacement of population leading
to
migrant
crisis
in
Europe

Approach

Towards

Russia:

Deterrence

and

Dialogue

Expectedly, NATO decided to enhance its military presence in

Eastern Europe. The Ukraine crisis and subsequent developments had
led to deterioration of Russia-West relations. NATO has taken various
steps to strengthen security of its members at the Wales Summit in
2014.

European political discourse on Russia is not limited to military

approach. It has necessary elements of support for dialogue and
cooperation with Russia. Politically, NATO too maintains that
constructive and meaningful talk with Russia is essential to reduce the
risk of military incidents or accidents spiralling out of control. Recent
trends reflect that Russia and EU are inching towards easing tension.

Persisting conflict in Ukraine continued to be a bone of contention

between Russia and NATO. Political efforts between Russia and the EU,
and Russia and the US have been initiated to resolve the crisis. At the
Warsaw Summit, NATO decided to continue assistance for facilitating
reform in defence sector and develop armed forces in Ukraine.
NATO-EU

NATO and EU decided to step up their cooperation in areas of hybrid

warfare, cyber security, defence industry and research & development.
The Joint Declaration issued by NATO and EU notes, a stronger NATO
and a stronger EU are mutually reinforcing.
Prolonged

Cooperation

Stay

in

Afghanistan

After political transition and transfer of command to Afghan National

Security Forces, security situation in Afghanistan is yet to be stabilized.
The country faces frequent insurgent attacks. Efforts of President Ashraf
Ghani: Taliban and Afghan government held peace talks in July 2015 in
Pakistan, attended by US and Chinese officials. However, reconciliation

process

could

not

achieve

any

considerable

success.

Stepping-Up Efforts in Middle East and North Africa

NATO has decided to project stability beyond its borders. Terrorist

threats from ISIL are a cause of concern for NATO countries. Although ISIL
has lost considerable territory, it remains a potent organization to
unleash violence and launch terror attacks. NATO has decided to train
the security forces in Iraq and use of airborne early warning and control
system (AWACS) aircraft to support the global coalition to counter ISIL.
NATO has stepped its role in assisting to control the flow of migration and
human trafficking. NATO members want to enhance military surveillance
in the Mediterranean Sea. NATO leaders decided that Operation Sea
Guardian would have a broad scope, which will include providing
situational awareness, countering trafficking and terrorism, upholding
freedom of navigation and contributing to regional capacity building.
Conclusion
NATO has adopted a mixed approach of deterrence and dialogue towards
Russia. It will continue to enhance the deterrence, but, will seek dialogue
to explore political solutions of crises. Some European countries also
realize that showing military strength would not help security situation in
Eastern Europe. However, Baltic countries and Poland insist on
multinational battalions in the region. Russia has categorically stated that
policy of confrontation would lead to deterioration in the security
situation. Afghanistan, Middle East and North Africa, political instability in
Syria and Iraq, threat of ISIL, migrants and refugees issue are important
for peace and security and harmonious relation between west and Russia.
WORLD SUFI FORUM 2016
The World Sufi Forum was held in New Delhi from 17-20 March 2016. The
Forum succeeded in sending to the international community a message of
peace, tolerance and harmonious coexistence at a time when the world is
once again witnessing a surge in violence.
First World Sufi Forum2 in India was organized by All India Ulama and
Mashaikh Board (AIUMB), a group of Sufis functioning as a non-political
entity.
The world has been suffering from extremism, terrorism and violence not
only at the individual or group levels, but several states have also waged
wars against different nations in different regions, creating widespread
discontent and anger. The world is now grappling with a dreaded terror
group called the Islamic State in Syria and Iraq (ISIS). Religion-based
extremism and terrorism is taking the world backward.

India has been a leading light from the East and it has provided spiritual
leadership to the global community for millennia; hence, the emergence
of the unique concept of Vasudhaiva Kutumbakam [world is one family]
in Vedic era and then the concept of Wahdat-e-Adyan [unity of religions]
and Akbar's Deen-e-Ilahi. Indian civilization has evolved through
centuries and it represents a synthesis of all major thought processes that
the world has so far experienced.
The Sufi thoughts were popularly accepted by the Indian masses as these
traditions have similarities with Indias Bhakti traditions. The Sufi ideas
consist of tolerance, respect and service to humanity and welfare of the
last person of the society. India has been an abode of great Sufi traditions
a land where Sufis arrived from all over the world and spread the
message of peace and humanity without any consideration of faith,
colour, caste and region and transcended language barriers. Some Sufi
traditions used music and singing as a medium to express the love for
humanity.
The Sufi Forum held in Delhi has been a spiritual intervention from India
for the benefit of the global community. It attempted to reconnect Indian
culture with the international community through the spiritual message
Indian Sufis were known for.

Recommendations and resolutions made by the World Sufi Forum propose

including:
Sufi literature and practices in schools and Madrasas
establishing Sufi centres in New Delhi and regional Sufi centres in all
capital cities to promote Sufi literature, Sufi culture and music
Establishing a university and Sufi studies chairs in different
universities was also recommended
Since most of Sufi literature is in Persian and Urdu language, they
also advised that these languages be promoted.
The World Sufi Forum provided an inclusive platform to diverse views to
speak on terrorism and extremism and build greater consensus to address
the challenges.
Note: It can be added in essay/question on terrorism, extremism and
increasing intolerance. It can also be used in portraying Soft power of
India
IDSA
HOW TO DEAL WITH PROXY WARS
The terror attack on an army camp in Uri, Kashmir, has once again put the
spotlight on Pakistan-sponsored terrorism. Four suspected Jaish-eMohammad terrorists stormed the army camp, killing 18 jawans and
injuring at least 30 before being eliminated themselves. The strike was

uncannily similar to the Pathankot terror attack on an airbase earlier this

year.
Two fidayeen strikes on major Indian military bases within a span of
nine months is certainly worrisome for the Indian security establishment.
It clearly shows that the military needs to tighten its defences and boost
security measures at its bases near the border with Pakistan.
These attacks, according to experts, may give rise to proxy war.

Changing nature of warfare:

Today, with conventional war becoming a receding option, we are said to
be in an era of hybrid warfare; a diverse and dynamic blend of
conventional, low intensity, and cyber operations. Low intensity warfare is
being orchestrated through both regular forces and irregulars. Examples
include Russias actions in Ukraine, and the Iranian sponsoring of
Hezbollah against Israel.

Proxy wars by Pakistan:

The prosecution of hybrid warfare through irregulars and non-state actors
has gained currency over a period of time. Pakistan, after enacting the
role of a front line state and supporting the mujahideen to defeat then
Soviet Army in Afghanistan in the 1980s at the behest of the United
States, has gone on to master this art.

How is this affecting India?

Having repeatedly failed to defeat India in conventional war, the Pakistan
Army has pursued the low intensity warfare option, with non-state actors
as its strategic asset. It has employed terrorists belonging to various
groups to wage proxy war in order to achieve its prime political objective
of internationalising the Kashmir issue.
As a low cost option, this has also well served the interest of
Pakistans military to keep the Indian Army engaged in combating
terrorism. To inflict casualties of the magnitude of the Uri strike through
conventional means would imply launching a major operation with a high
risk of own losses.
Thus the proxy war strategy suits the political bosses in Islamabad
and the military brass in Rawalpindi. Given its internal turbulence,
Pakistan is likely to continue to pursue this policy, may be even more
proactively in future, unless India takes effective counter measures to
thwart Islamabads grand design.

How should India respond?

To start with, policy makers have to formulate a well-defined
security strategy to defeat Pakistans proxy war strategy.
Indias response ought to be at both strategic and operational
levels. The strategic dimensions have to be driven through politicodiplomatic means, complemented by Comprehensive National Power,
including both hard and soft power to bring requisite pressure to bear on
Islamabad to mend its ways.

Today, Pakistan is being perceived as a nation which is sponsoring

terrorism as state policy. India has to exploit opportunities across the
border to pay back Pakistan in the same coin. This entails the creation of
requisite wherewithal.
With regard to the operational aspects, it should be best left to the
field commanders. There are a number of tactical options, including local
punitive actions, surgical operations, upping the ante along the Line of
Control (LoC), and precision air strikes against the terrorist infrastructure,
to name a few.
The counter infiltration posture along the LoC and the counter
insurgency grid in the hinterland must be continuously reviewed and
perfected. The security of vulnerable areas which have been repeatedly
targeted needs to be revamped.
There is also an urgent need for force restructuring and
modernization to enhance the operational efficiency of the armed forces,
thus enabling them to undertake multiple missions across the spectrum.
It is also imperative that operational actions be in sync and aligned
with the strategic direction to achieve the desired results. Besides, there
is a need for coordination between various internal security agencies and
the armed forces to ensure seamless synergy. The roles of the two sets
of forces need to be clearly defined.
Despite fool proof security measures, the odd terrorist related
incident cannot be ruled out. To this end, the tendency of the top political
leadership and senior military commanders to rush to the scene of action
needs to be curbed. This adversely impacts upon the efforts of the local
commanders in handling the crisis at hand, with their focus shifting to
VIP management.

Way ahead:
That said, government now needs to formulate an appropriate post-Uri
response. And while the political and military establishment mull over a
calibrated approach, theres no denying the fact that one of the most
effective tools to put pressure on Pakistan is to move China. True, hitherto
China has played the role of an all-weather friend to Pakistan. But New
Delhi should cite the Uri attack and tell Beijing that a similar fate could
befall it should it not put pressure on Islamabad to crack down on terror
groups.
Plus, lets not forget the fact that Pakistan is a nuclear-armed state. It
would be dangerous for the entire world if those nukes fall into terrorist
hands. Hence, it is the responsibility of the entire international community
to jointly tackle Pakistan-based terrorism. And given that India and China
are Pakistans immediate neighbours, the two countries have the highest
threat perception of Pakistan-origin terrorism. Thus, New Delhi and Beijing
have ample reasons to work together to find a solution to this terror
menace.

Conclusion:
India is being perceived as an emerging regional power and a key player
in the new world order. To be a deserving claimant for a seat at the top

table, India needs to project itself as a responsible and resilient nation that
is capable of not only safeguarding its own security but also serve as a
stabilizing factor in the region at large. Ironically, the Indian response to
such terrorist actions has basically been incidence-specific and tactical,
without a strategic approach. It is time to draw out a calibrated response
mechanism to defeat the proxy war unleashed by our Western neighbour.
Pakistan cannot be allowed to get away with its nefarious designs.
Through a pragmatic strategy coupled with national will, India should
undertake calibrated responses to defeat Pakistans proxy war game plan
with a view to making its misadventures prohibitively costly and
unsustainable
YOJANA AND KURUKSHETRA
YOJANA JANUARY\

Global Initiative of Academic Networks (GIAN)

Launched by MHRD
To enlarge and deepen the interface between Indias
institutions of higher learning and globally recognized institutions
Under the programme faculty from abroad will visit and
interact and partner with their counterpart and students in India and deliver
specialized coursework

IMPRINT India

a Pan-IIT and IISc joint initiative to develop a roadmap for

research to solve major engineering and technology challenges in ten
technology domains relevant to India
The objectives of this initiative is to
a.
identify areas of immediate relevance to society
requiring innovation,
b.
direct scientific research into identified areas,
c.
ensure higher funding support for research into these
areas and
d.
measure outcomes of the research effort with reference
to impact on the standard of living in the rural/urban areas.
IMPRINT India will focus on ten themes with each to be
coordinated by one IIT/IISc, namely:- Health Care, Computer Science and
ICT, Advance Materials, Water Resources and River systems, Sustainable
Urban Design, Defence, Manufacturing, Nano-technology Hardware,
Environmental Science and Climate Change and Energy Security.

Education is the most powerful weapon you can use to change

the world - Nelson Mandela.

Transforming Indian School Education: Policy Concerns

and Priorities
India embarked on the task of transforming the elitist system of education
inherited from the colonial past into one that is mass based and built on
principles of equality and social justice. In last six decades, India has

witnessed several significant policy measures resulting in remarkable

progress as reflected in near universal enrolment of children in schools.
Constitutional amendment of 2009 made education a Fundamental Right
and adoption of the corresponding
Right to Education Act by the Indian Parliament in 2009. The country has
also embarked on the ambitious path of making secondary education
universal and ensuring equitable access to higher
education for all. Having achieved near universal enrolment of children in
elementary stage and enormous expansion of access to education at all
levels the focus now is to provide quality education at all levels.

Steps in school education critically needed for further progress in

provision of quality education for all:

Moving Towards Consolidation: move towards new
framework for establishing new schools as well as combining the existing
ones to create academically viable to provide quality infrastructure and
academic facilities like library, laboratory and so on.
Primary School: Too Late to Begin Education? Learning
starts well before the formal entry of the child to the primary school. Benefits
of pre-primary education are carried over to primary school. Institutional
support
for
children
before
the
school
age
has
gained
considerable attention in recent years, particularly with respect to health and
nutrition programmes.
Working Childrens Issues Engagement of small children in
remunerative labour severely affects their education. Main approach should be
to create such conditions that enable parents to send their children to school.
Mere
advocacy
on
banning
child
labour
is
not enough. It is essential to design policies that help delineate concrete
alternate programmes of education which effectively take children out of
work.
Investing in Teacher: Investing for the Future Recent
Teacher Eligibility Tests have revealed that a large proportion of the teacheraspirants do not qualify despite having requisite academic and professional
degrees. This highlights the poor quality of the aspirants who seek to enter the
teaching profession. We need to develop a proper policy on professional
development of the school teacher. Such a policy should incorporate several
critical elements such as subject matter upgradation and use of ICT.
Reshaping the Gender Discourse in Education Though
positive change is visible in recent years in terms of decreasing gender gap in
school enrolment across all states we need to do more. Several factors seem
to be impeding the education of girls. Girls are doubly affected by the absence
of effective early childhood education programmes as they are invariably
burdened with the responsibility of caring for the younger siblings. Distance
norms for opening middle schools work against the interest of girls as often
they are not allowed to go out of the village for schooling. Further, provision of
basic infrastructure and women teachers in the school could considerably
influence the situation. Several programmes have been launched including the
more recent Beti bachao, Beti padhao programme. Yet it is necessary to

formulate a more comprehensive policy for girls education that goes beyond
the school years and shift the focus from mere parity to gender equality.
ICT and School Education We have to move beyond the
current paradigm of supplying hardware and proprietary software to schools
and embed ICT into all aspects of school life. In present information society
effective and proper usage of ICT and its integration into learning experience
is a must.
Learning Achievement to be the Primary Focus: Learning
is
at
the
centre
of
all
educational processes. Poor learning levels act doubly against the interest of
the marginalised groups. Two broad sets of factors that cause inequity in
quality have to be recognized and dealt with, namely, inequality of provision of
quality schools and secondly inequitable practices and discrimination within
schools.
Refocusing the Curriculum Debate: Curriculum is critical
determining the quality of education imparted.
Engaging the Civil Society and Private Sector- New
Framework: Generally, the efforts by the three stakeholders, namely, the
Government, NGOs and Private entities have been viewed as three distinct
compartments. It is time that a comprehensive policy is framed to find
common ground and propose a framework in which the Government, the
NGOs and the private schools occupy common public space of education in a
mutually supportive fashion and not occupy exclusive domains that divide.