paper 2 compilation tlp.pdf

7/25/2019 Paper 2 Compilation TLP.pdf

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IASbabas PAPER 2: DAY 51 TO DAY 70 TLP COMPILATION

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Q.1) In the Westminster tradition, the Speaker sits at the heart of the

Parliament, as mediator between government and opposition and as the sole

authority in the parliament. Explain.

The Top Answer for this Question is written byVikrant Madhusudhan Parab

Ans) In India speaker is elected among the members of the parliament and his primary role is to

conduct the working of parliament.

Sits at heart of Parliament

The chair on which speaker sits is the place from where command is given to start the business

of the house, summon, adjourn etc. It means most of the functions are initiated by the speaker

without whom the parliament wont function properly just as body without heart.

Mediator

Speaker acts as a neutral person in discussion which takes place between Govt and opposition.

When the discussion is taking place speaker does not tend to favour the party to which he

belongs so as to ensure neutrality. (eg- when 2G, Coal scam etc were discussed and were

criticized by opposition, speaker maintained his neutrality by not favouring the Govt)

Sole authority

Speaker has right in various matters which makes him sole authority. Eg- When discipline in not

maintained in house during debates he/she can adjourn the house for days. He has been given

the power to decide whether a bill is money bill or not. Various other matters like removal of

Judges of SC cannot be initiated without his/her approval, removal of members on grounds of

defections etc are decided by him gives him much power.

So, westminister tradition is highly reflected in our Constitution wrt to speaker which makes the

seat of speaker vital !

Q.2) Over the years, ordinances have turned what were supposed to be

exceptional powers into procedural device to outmanoeuvre Parliament. Justifywith suitable examples.

The Top Answer for this Question is written byYogesh Bhatt

Ans) Ordinance is a constitutional mechanism provided for extra ordinary situation when

parliament is not in season. Under Article 123 this power is for president and under 213 it is

available to Governor for exercising authority on the advice of respective governments. Over


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the period of time it has been emerged as one of the most debated and controversial power to

executive power because

1- Ordinance has been frequently used as constitutional tool to sideline the legislative process;

in 1987, Wadhwa vs state of Bihar case, government was pool down by SC on this regard.

2- Present government come out with ordinance on LARR act which criticized in all section.

While draft act on LARR was with parliament standing committee, it was excess use of

ordinance to pass it again and again.

3- Bank Nationalisation decision in 1969 was also taken through ordinance route which

considered as political move than constitutional need to get mileage in elections.

Ordinance is legacy of 1935 act and since independence all the governments have been used it.

In spite of continuous demand in SC to strike down it as unconstitutional, SC has not taken such

extreme effect because of its potential good. Same need to understand by executives also

before using ordinance as it was not the intention of constitution makers to use it as substitute

of legislative process.

Q.3) Principle of Judicial Review has been used in the past by the Presidents to

avert the imposition of Presidents rule. How?

The Top Answer for this Question is written byGP2015

Ans) The principles of Judicial Review had been set by Supreme Court as follows:

1. The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.

2. Center should give a warning to the state and a time period of one week to reply.

3. The court can question the material behind the satisfaction of the President.

4. If there is improper use of Art 356 then the court will provide remedy.

5. There is a limitation on the powers of the President under article 356.

6. Art 356 is justified only when there is a breakdown of constitutional machinery and not

administrative machinery.

The Presidents in the past had been considered the principles on imposing the President rule inorder to avoid any embarrassment from the supreme count in case if it uses the power of

Judicial review. President K.R. Narayanan averted Presidents rule in Bihar in 1998 based on

consideration of these principles.


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Q.4) The cost of more fragmented Lok Sabha has been the increased time in

passing of government bills and an increase in the number of Private Members

Bills. Do you agree? What effect does it have on the functioning of the

Parliament?

The Top Answer for this Question is written byVidhu

Ans) The Indian parliamentary system is quite unique in itself as it allows multiple parties to get

elected and form part of the legislature. Coalition form of governments and more political

literacy of the people has led to fragmentation of the legislatures. This has created delays in

passing legislations due to :

1. Difference in ideologies of the parties

2. Compromise politics in order to garner support by the governments

3. Attitude of show of strength and obstruction by partiesfor local gains

4. Difference in the committees which lead to lack of consensus and delay

These activities eat a lot of time of the parliament and lead to delay in legislation. Non-

government members are then forced to bring out bills addressing key issues which otherwise

get overlooked by the government. The recent bill giving rights to transgenders was brought as

a private bill. The private member bills face less opposition while presentation to the house

than a government bill.

This has affected the working of the lok sabha with increased usage of ordinances. Important

bills fail to get passed in the house which lead to loss for the nation. Bills like GST, defence

reforms need to passed with the cooperation of the legislatures so that we can have better

governance in the country.

Q.5) In a recent judgment, Supreme Court reiterated that Right to Privacy

cannot be compromised for the excuse of delivery of public goods. Do you

support such argument?

The Top Answer for this Question is written byRadhika M

Ans) Recent SC order is a huge leap for aadhar card.

Now it can be voluntarily used in schemes like MNREGA, PM jan dhan yojna, EPF and pension

scheme. The major reason for it not being made mandatory was that it would infringe right to

secrecy of citizens.


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As rightly mooted by the auditor general , in todays world with Facebook and whatsapp an d

other apps being able to source all information of citizens , right to privacy is a false notion. He

argued that huge amount of our personal information is available in the public domain, more

than we know.

Information provided by Aadhar is such that one cannot build a profile of a person even if they

get their biometrics.

Government development authority, election commission etc have an access to huge amount

of personal details like property we have, places we have lived, family profession etc ,though

not in digital form. We never make a hue and cry for apps and above information being with

government. Aadhar as seen of now would provide lesser information than all abv mentioned.

Also, biometrics are used in making driving license, passports etc. No complaints of privacy

infringement has come from there.

Aadhar would do more benefit like more transparency, minimum leakages , more targeted

scheme benefits. It would also allow to trace people who falter on income tax, have multiple

voter ids and many more innumerable benefits in every way possible.

Be it policy implementation of any type , better counting of electoral rolls , transparent census

data , subsidies distribution or anything that is crucial for both citizens and government, aadhar

can be of great help.

Q.6) A constitutional body, Finance commission has always been overshadowed

by planning commission. Do you think Finance commission will regain its

relevance after the formation of NITI Aayog ? Dont you think, NITI Ayog is

nothing but a better replica of Planning Commission?

The Top Answer for this Question is written byAnkGarg0402

Ans) The Planning Commission, although, set up with the sole purpose of planning, its functions

have gradually expanded to the entire ambit of administration. Due to its overarching powers,

it has been termed as supercabinet.

The sharing of central resources with the States until now was done by two levels- the

constitutional body i.e. Finance Commission and the Planning Commission. The amount of

funds allocated by the Planning commission has recently surpassed that by the Finance


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a)Judicial Supremacy cannot compromised as the GOVT. ITSELF IS ONE OF THE BIGGEST

LITIGANTS IN THE COURTS from issues ranging from human rights violation to wrongful

distribution of natural resources.

b)NJAC would have been a constitutional body but its COMPOSITION COULD HAVE BEEN

CHANGED THROUGH AN ORDINARY BILL which would have undermined the judiciarys

independence.

c)Independence of judiciary is enshrined in the ARTICLE 51 of the Constitution.

d)The Rule of Law would cease to have any meaning if the functioning of the judiciary is seen as

thwarting the will of people represented by elected legislatures.HOWEVER THE SC HAS ALSO

AGREED THAT THERE ARE DEFICIENCIES IN THE COLLEGIUM SYSTEM.

However there are certain issues which put question mark on the judgement:

a)The judgement of the Supreme Court was based on an ambitious claim that the PRIMACY OF

THE JUDICIARY IN APPOINTMENT PROCESS IS INDESPENSABLE FOR INDEPENDENCE OF

JUDICIARY AND THAT FORMS THE PART OF BASIC STRUCTURE.

b)The judgement will not open the road of transparency in the judiciary. The incidents like

UNCLE JUDGES have put a serious blame on the functioning of judiciary.

A room of improvement is there for making the judicial processes more transparent.Hence the

judiciary and the executive must work together to evolve a mechanism which is more

transparent and gives independence to judiciary.

Q.8) With social media becoming more and more socially and politically

relevant, should there be a strong regulatory mechanism for it? Discuss.

The Top Answer for this Question is written byRahul Agarwal

Ans) Social media in recent times have become a significant tool for social and political

mobilization of people. The mobilization of people during Nirbhaya campaign, and the support

to political parties like AAP during Delhi elections are shining examples of potency of social

media.

On the other hand social media, has also been prone to be misused for spreading rumours and

hate speeches. Violence against north east people in Bangalore in 2012, muzaffarnagar riots in

2013 are some of the cases triggered by rumour spreading through social media. A boy in

hyderabad was found duping many girls on Facebook.


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Recently some religious ideologues were found recruiting youths for organizations like ISIS over

internet. There are also increase instances of cyber crimes like identity theft, data theft etc .

Thus, there is a need for a regulatory mechanism to make social media a safe method of

communication. But, government should not try to circumvent freedom of speech and

expression and violation of citizens privacy. The ill drafted encryption law has to be withdrawn

due to public opposition. Singularly, section 66 of IT act was scrapped by judiciary due to its

infringement on free speech.

Therefore, rather than having reactionary attitude, government should hold wide consultations

with experts, technologists and civil society, so than an independent regulator could be

established ensuring both freedom and security for netizens of India. Framing of a sound

privacy law would be a good start.

Q.9) With gradual increase in the longevity, social security is turning out to be a

major concern in India. What are the steps taken by the government in this

regard? What measures according to you can be taken by the government?

The Top Answer for this Question is written byIndushree

Ans)

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Q.10) In a Presidential form of a government, one on one debates are seen

between the presidential candidates. In India there has been a trend of image

worship during elections where voters are seen to be voting on the name of a

candidate rather than the party. In this scenario, do you think one on one

debate should be allowed in India, so that voters can make an informed choice?

Is India ready to adopt the Presidential form of government?

The Top Answer for this Question is written byShiuli

Ans) The concept of Presidential debates was propounded in Western democratic countries like

USA and France. The objective was to reach out to large blocs of voters who were undecided

upon their choice of candidate.
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These debates are organized events which follow a methodical system regarding the format of

questions, time limits for answering, opportunity for rebuttal etc. and are televised

countrywide.

Conversely, in India debates between candidates are hardly on issues of policy or the ideologies

of respective parties. Candidates resort to mud-slinging and attacks on personal character of

rivals and the medium of choice is generally social networking sites.

In such a scenario, it will be pragmatic to organize formal debates between election candidates.

This is not only in conformity with the dignity of elected members of the people but would also

enable the electorate to reach a logical conclusion regarding the candidatesviewpoint.

In India, the Parliamentary form of government was chosen keeping in mind the large-scale

heterogeneity of the country, as this form was perceived to be more representative and more

suited to check concentration of powers.

In such a scenario, a Presidential form of government will serve little purpose and may even

stoke feeling of regionalism. The need of the hour is greater accountability from elected

representatives, rather than an overhaul of the entire government machinery.

Q.11) The reluctance of the political class to come under the purview of the RTI

Act has created a serious trust deficit among citizens which is not a healthy sign

for the Indian democracy. Do you agree with this argument? Examine the issue

in light of the recent CIC order and the response of the government.

The Top Answer for this Question is written byTom_dwan

Ans) Trying to set a new bench mark in transparency in politics, the Central Information

Commission held political parties are answerable under the Right to Information Act.

Justification behind CICsmove.

1. Indirect substantial financing by the central government

2. Performance of public duty.

3. Constitutional provisions vesting them with rights and liabilities.

Political parties opposed because

1. They maintained political rivals with malicious intentions could file RTI applications and

adversely affect the partiespolitical functioning.

2. There are too many NGOs with suspect motivations which will create hindrance in

governance.


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3. It was never the intentof the government to bring parties under the RTI.

Why should they be brought under RTI?

1. To stop all declare their sources of funding, and the extent of their assets and financial

holdings.

2. Although parties have to declare to the Election Commission all donations in excess of

Rs.20,000 they receive, they resort to under-reporting to evade this clause.

3. Donations to political parties are not always voluntarybig businesses and corporate houses

get favours in return when the parties they fund come to power.

4. The very spirit of RTI is trampled when more and more institutions get to opt out of it for

absurd reasoning of being affected by malicious intentions.

5. As political partiesoperations are subsidised by the government it makes sense to restrict

disclosure to the flow of money, not internal deliberations.

With the Supreme Court now asking six national parties why they should not be brought under

the RTI, India is a step closer to making its political organisations accountable in their financial

transactions.

Q.12) Discuss the paradigm shift in Indiasforeign policy with reference to the

changes brought by the new government.

The Top Answer for this Question is written byAnish

Ans) There have been some significant changes in foreign policy approach of this new

government

1) Neighborhood first policy: India had some or the other issues with almost all our neighbors.

It began with invitation of SAARC leaders to swearing in ceremony of the PM This approach has

yielded some significant benefits such as passing of Land Boundary Agreement leading to better

relations with Bangladesh, Improved India-Sri Lanka relations shown by release of Indian

fishermen and those arrested on charges smuggling. Proactive disaster relief to Nepal after

Earthquake.

2) Non Alignment to Multi-Alignment: The shyness has been replaced by pro-activeness in

foreign policy. Greater cooperation with Japan, US, Australia to counter the Chinese influence


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in our backyard. This is also reflected in cooperation with countries such as Vietnam and

including Japan in Malabar exercise.

3) UNSC: Renewed vigor in working to get Permanent membership in UNSC. New approach has

been to show Permanent membership is a right to country that is home to 1/6th of global

population and not just that it deserves it.

4) Connecting with Diaspora: Most of PMs visit abroad had greater interaction with Indian

diaspora in that country.

5) Soft Power push: International Yoga day was a classic example of using soft power.

Q.13) Because of the location of India, it has not been able to be the part of big

regional trade agreements like Trans Pacific Trade Partnership or Trans Atlantic

Partnership. In this scenario should India accept Chinasproposal to be the part

of its maritime silk route?. What can be its implications.

The Top Answer for this Question is written byKhwabeeda

Ans)

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Q.14) The very fact that Indian interests and German strengths are concurrent is

the driving factor for Indo-German ties. Elucidate.

The Top Answer for this Question is written byAdityaka

Ans) Indian national interests of social and economic development are best supported by what

Germany has to offer;

Cultural relations have been given an impetus with German being taught as a language in the

State owned schools in India. Germans seek the preservation of their language in a young

english speaking country such as India.

Germany, being one of the foremost industrialised nations, has surplus investible capital. This

can be channeled into Indian projects.
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German Manufacturing expertise can be channeled into indian Indigenisation programs such

as Make in India.

Higher education and R&D is a field of immense importance. The complimentarity lies in the

Indo-German deficit in demographic dividend. Germany has an ageing population while India is

set to provide the world with a young workforce. Skill development is another field of

cooperation

With India pledging to lower its carbon emissions intensity by 30-35% as well as producing

100GW of solar energy and Germany being the elader in Solar production, there is scope for

immense cooperation. Germany has already committed funds for the Green energy corridor

Security and National security also finds mention as there is ample scope for cooperation on

counter terrorism.

Finally, in the geopolitical realm, India and Germany are supporters for UNSC reforms and are

part of the G4 negotiating countries.

India and Germany are natural partners and it is this complimentarity that drives their relations

IASBabasViews

German StrengthsIndian Needs

1. Surplus EconomyFDI needed

2. Lean Manufacturing + R&DMake in India

3. SMSEsIndian Economy is 40% SMSE

4. Green EnergyIndiasRenewable Energy Goals

4. Mutual support for UNSC permanent seat

5. Demographic dividend of India and the Manpower requirement of Germany

Q.15) Commemoratingshould be used rather than celebratingthe 1965 Indo

-Pak War.Comment.

The Top Answer for this Question is written byCadet1970

Ans)


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Q.16) US can play a vital role in realising the objectives of Make in India, Digital

India and Smart Cities initiative. Do you agree? What messages do you draw

from the latest visit of the Indian PM to the US in this regard?

Suggested Structure:

US can play a diverse role in Indiasdevelopment journey via these programs:

1. FDI

2. Advanced Technology

3. Green EnergyNational Solar Mission

4. ManagementUse Indian diaspora angle here

5. US and India both have dominant service sectors + ICT is the common factor (here use

Google, FB etc)

Then just 2 lines of caution over-capitalism of US , subordination in foreign policy through

overreliance etc

Finally conclude by writing the message given by PMstrip:

1. Indo-US relations at its strongest eg resolving the Nuclear Deal etc

2. Recognition of Indiasgrowing stature in International Politics

The Top Answer for this Question is written byAdityaka

Ans) Make in India, Digital India and the Smart city project are major infrastructural initiatives

taken by the government. Due to the following reasons the US may have a constructive role to

play;

Make in India:

Process innovation and developing a manufacturing base in India requires considerable

amount of expertise.

US can provide such expertise as well as invest its resources, paving way for technology

transfer. The defense cooperation may be used as a major planck.

Smart Cities:

US cities such as Boston have considerable expertise with smart city development. The Gun

safety alarm and relative water metering systems can be adopted in India.

Furthermore, US has already agreed to invest in smart city development in Allahabad, Ajmer

and Vishakhapatnam.

Also green energy and nuclear energy is projected to be a major proportion of Indiasenergy

basket. Initiatives such as PACE and the civil nuclear deal aim to secure the same.

Digital India:


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Silicon Valley in the US houses some of the biggest firms such as microsoft and facebook.

Their active participation in digitizing India has already been sought.

however, there are apprehensions of issues such as net neutrality emerging in light of

Facebooks Internet.org.

With Indiasgrowing economic and geopolitical clout Indo-US relations have never been better.

Issues such as and equitable Indian IPR framework and public stock holding in WTO are mere

obstacles to what can otherwise be considered as a strategic partnership.

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