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©Jatin Verma All Rights Reserved. https://www.jatinverma.org SYNOPSIS Financial oversight is one of the key functions of a legislator. Indian parliament since long has not been emphasizing discussing the fiscal matters in the parliament. Data shows that since 2000, Lok Sabha has not spent more than 45% of its time discussing the budget. In 2013, Parliament did not discuss the budgetary proposals of any ministry (demand for grants). In the case of Bills, the debate hardly ever goes into their fiscal implications. Financial memoranda of Bills only provide the estimated expenditure at the Union level. In this scenario, nonpartisan research is a valuable resource for legislators in democracies. Many democratic governments around the world have research organizations that support the legislative branch. These research organizations provide nonpartisan, objective and credible information on policy issues to members of the legislature. This research can be beneficial in several ways: Encourages Cross-Party Alliances: It helps lawmakers draft more informed legislation and encourages cross-party alliances on legislative issues. Better respond to Constitutional Needs: It helps legislator’s better respond to constituent needs. Better Engagement with Executive: It can strengthen the parliament’s ability to engage with the executive branch and push back when necessary on issues of importance to citizens. In short, high-quality, objective, nonpartisan research provided to members of parliament in a timely manner contributes to the parliament’s influence and effectiveness. Part 2: There are many issues that holding back members of Parliament (MP) from questioning the executive on fiscal matters. Q1. We need tools that strengthen the legislature's capacity to hold the executive responsible in fiscal matters. In light of this statement examine the need for a non-partisan budget research and analysis body like PBO (Parliamentary Budget Office) for India.

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Page 1: SYNOPSIS - Jatin Verma · ©Jatin Verma All Rights Reserved.  SYNOPSIS Financial oversight is one of the key functions of a legislator

©Jatin Verma All Rights Reserved. https://www.jatinverma.org

SYNOPSIS

Financial oversight is one of the key functions of a legislator. Indian

parliament since long has not been emphasizing discussing the fiscal

matters in the parliament.

Data shows that since 2000, Lok Sabha has not spent more

than 45% of its time discussing the budget.

In 2013, Parliament did not discuss the budgetary proposals

of any ministry (demand for grants).

In the case of Bills, the debate hardly ever goes into their

fiscal implications. Financial memoranda of Bills only

provide the estimated expenditure at the Union level.

In this scenario, nonpartisan research is a valuable resource for

legislators in democracies.

Many democratic governments around the world have research

organizations that support the legislative branch.

These research organizations provide nonpartisan, objective and

credible information on policy issues to members of the legislature.

This research can be beneficial in several ways:

Encourages Cross-Party Alliances: It helps lawmakers

draft more informed legislation and encourages cross-party

alliances on legislative issues.

Better respond to Constitutional Needs: It helps

legislator’s better respond to constituent needs.

Better Engagement with Executive: It can strengthen the

parliament’s ability to engage with the executive branch and

push back when necessary on issues of importance to citizens.

In short, high-quality, objective, nonpartisan research

provided to members of parliament in a timely manner

contributes to the parliament’s influence and effectiveness.

Part 2:

There are many issues that holding back members of Parliament

(MP) from questioning the executive on fiscal matters.

Q1. We need tools that strengthen the legislature's capacity to hold the

executive responsible in fiscal matters. In light of this statement

examine the need for a non-partisan budget research and analysis body

like PBO (Parliamentary Budget Office) for India.

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The problem may be a lack of expertise among MPs and lack

of access to objective and high-quality research that is

independent of the executive.

MPs in India do not have a staff of high-quality researchers

(unlike in other developed democracies) to help them gain

expertise in budgetary matters.

The institutional research support within Parliament such as

a library and reference service are limited due to resource

constraints.

In this context, the establishment of a parliamentary budget office

(PBO) for India is very necessary to meet this crisis.

PBOs provide legislators with a high-quality analysis that is

independent of the executive.

They specialize in objective and policy-neutral analysis on

the full budget cycle, the broad fiscal challenges facing the

government, budgetary trade-offs and the financial

implications of legislative proposals.

Such research can raise the quality of debate and scrutiny in

Parliament as well as enhance fiscal discipline. Most

importantly, it strengthens the role of Parliament in financial

oversight.

It noteworthy to say that the Indian legislature is unable to scrutinize

every matter in detail on the floor of the house related to fiscal

matters. Here, PBO can play a vital role in protecting legislatures and

their control over finance and budgeting from an increasingly

stronger executive. Though not a panacea, the PBO is a relatively

cost-efficient way to solve the above-mentioned problems.

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SYNOPSIS

Intro

Information and communications technology (ICT) is an

extensional term for information technology (IT) that stresses the

role of unified communications and the integration of

telecommunications (telephone lines and wireless signals) and

computers, as well as necessary enterprise software, middleware,

storage, and audiovisual systems, that enable users to access,

store, transmit, and manipulate information. It aims to help in equitable access to technologies which results

in e-governance For instance- The implementation of e-Kranti is

vital for Digital India and for the delivery of e-governance, easy

governance and good governance in the country.

It aims in providing penetration of technologies, disbursing

of funds to the local governance such as Municipal

Corporations, gram Panchayats etc.

BODY

With the inculcation of ICT, various applications were

designed by central as well as state governments which lead

towards strengthening of PRIs (Panchayati Raj Institutions)

for rural reform.

In India ICT applications such as Warana, Dristee, Sari, Sks,

E-Chaupal, Cybermohalla, Bhoomi, E-Mitra, Deesha, Star,

Setu, Friends, E-Seva, Lokmitra, E-Post, Gramdoot,

Dyandoot, Tarahaat, Dhan, Akshaya, Honeybee, Praja are in

functioning for local governance.

Panchayat Committee: Panchayats Constituencies have a

major role in NDLM. The Digital Literacy Mission (DLM) is

creating multi-stakeholder, consortium and working with

government to showcase in some of those panchayats

constituencies that how making them digitally literate can

change the scenario of governance, empowerment, social

inclusion, educational approach and employment.

Q2.Discuss the role of ICT intervention in local governance

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Benefits for ICT in Local Governance

1. Quality of public delivery- With the timely delivery of public

service resulted into smooth functioning of the administration.

Moreover it will help in moving one step closer to achieve the

objective of The Aadhaar (Targeted Delivery of Financial

and Other Subsidies, Benefits and Services) Bill, 2016

2. High Transparency- With the use of ICT, it leads to high

transparency and accountability to the citizens. It will help in

increasing consumer awareness regarding their rights.

3. Less time consuming- Everything is at the click of the mouse.

4. Cost Effective- It is cost effective and economical at the end of

the day yet, achieving its objectives.

5. Helps in achieving digital literacy- It will make India a digital

economy. And will accomplish the goal of Digital India.

Challenges

1. Lack of skilled expertise- Due to lack of skilled manpower,

ICT has not achieved the requisite result.

2. Internet speed is very low- The speed of the internet is very

low in India. The average cellular download speed in India is

6.7 mb/s whereas it’s 28.3 mb/s for South Korea.

3. Lack of digital literacy- The digital literacy is very low in

rural areas.

4. Ignorance attitude towards digital society esp. in rural areas.

5. Fear of fraud- Deep rooted cultural ties, orthodoxy in rural

areas resists them to adopt to the new technologies like ICT.

INITIATIVES

1. National e-governance Policy - The National e-

Governance Plan (NeGP) , takes a holistic view of e-

Governance initiatives across the country, integrating them

into a collective vision, a shared cause.

2. National Digital Literacy Mission Programme is a

dynamic and integrated platform of digital literacy

awareness, education and capacity programmes that will

help rural communities to take lead in the global digital

economy and help them in maintaining the competitiveness

and also shape a technologically empowered society. NDLM

is an effort to complement the objectives of National Optic

Fibre Network (NOFN) plan to transform one from each

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household as digitally literate. Under NDLM, we pledge to

work with multi-stakeholder to Digitally Literate at least one

adult from each of 147 million rural household of India.

3. Pradhan Mantri Gramin Digital Saksharta Abhiyan

(PMGDISHA) - envisages making one individual digitally

literate in every rural household. It’s an extension to National

Digital Mission and Digital Saksharta Abhiyan

4. Common Centre Services- Common Service Centres

(CSC) scheme is one of the mission mode projects under the

Digital India Programme. CSCs are the access points for

delivery of essential public utility services, social welfare

schemes, healthcare, financial, education and agriculture

services, apart from host of B2C services to citizens in rural

and remote areas of the country. It is a pan-India network

catering to regional, geographic, linguistic and cultural

diversity of the country, thus enabling the Government’s

mandate of a socially, financially and digitally inclusive society.

Other application of ICT

1. Health- ICT helps in maintaining the large amount of data

related to patients’ name, name of the hospital, patients’

medical history etc.,

2. Education- ICT services in schools will help students gain

digital skills and improve the overall education standard of

schools across India. Having ICT devices in schools is not

enough; students must have access to those devices, which is

often not the case because teachers share the belief that

children will mishandle the device. This is also a result of a

lack of digital literacy among the teachers who also need to

be introduced to the best practices in order to impart digital

education among children. Overall changes in the education

system are required to promote the ICT skills among the

youth of India.

3. Tourism- It will help to attain the Smart Tourism, objectives

of Smart City Initiatives.

4. Traffic- ICT helps in efficient, organized management of the

traffic system.

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WAY FORWARD

1. Synchronization with Goal Number 9 of SDG

(Sustainable Development Goals of UNDP): Industry,

Innovation and Infrastructure- Investment in infrastructure

and innovation are crucial drivers of economic growth and

development.

2. SMART CITY INITIATIVE- The role of ICT is important

in order to achieve the goal of smart city.

3. It is useful in modifying various archeological building

that needs renovation, conservation. Such as – Recent

Ministry of Housing and Urban affairs has decided to modify

the design of Parliament House, North Block, Rashtrapati

Bhawan in Capital city of Del

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SYNOPSIS

Intro

Electoral reforms refer to the introduction of the best practices in ensuring

better democracy, clean politics, fair elections, ideal members of

legislative houses, true representation and so on. Articles 324-329 of the

Indian Constitution deal with elections and electoral reforms.

Why reforms needed?

1. In order to free the election processes from muscle and

money power

2. Prohibiting the nexus between business and politics

3. Fair registration and recognition of the political parties and

without any kind of influence

4. Solution of delisting of illiterate voters

5. Non-partisan role of media

6. Applying the model code of conduct efficiently

7. Streamlining the preparation of electoral rolls

8. Expediting the election processes

Reform required

1. In the appointment process - A collegium system of

appointment (As suggested by Tarkunde Committee,

1975 and the Goswami Committee, 1990) should be

considered. This will help in changing public perception

that election commissioners have been appointed by a

particular government, they will be soft towards it.

2. Removal of election commissioners - removal of other two

ECs should be similar to the impeachment process of chief

election commissioner, making it independent of

government discretion.( Best practice-South

Africa: Election Commissioners are appointed by the

President on the recommendations of the National Assembly,

following nominations by a National Assembly inter-party

committee, which receives a list of at least eight candidates).

Q3. Suggest necessary reforms needed to ensure the

independence of Election commission of India by giving suitable

reasons

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3. Making MCC more efficient - In order to make it a

weapon against electoral malpractice, backed up by the

threat of postponement of elections and the countermanding

of results.

4. Power to de-register political parties - This is because

despite being the registering authority under Section 29A of

the Representation of the People Act, 1951, it has no power

to de-register them even for the gravest of violations. This

power will ensure election commission to fulfil its

constitutional mandate – conduct free and fair elections.

Steps taken

1. Election Commission – voluntary code of ethics formulated

by Internet and Mobile Association of India (IAMAI) for

Social Media.

2. Umesh Sinha Committee – even social media companies

have to observe a ‘silence period’ of 48 hours before voting.

3. Voter’s awareness – SVEEP and cVigil (where anyone can

report election malpractices) app of ECI.

Way forward

1. Re-inventing consistently - EC should continuously reinvent

its powers given to it under the Indian Constitution as done

by many previous CECs like T. N. Seshan.

2. Recognize the diversification of campaign media -

Recognising the diversification of campaign media is the first

step towards addressing the rampant flouting of the MCC.

3. Voters awareness - Voter Awareness is an ultimate and

effective solution, which makes candidates more accountable

to their voters and stops the flouting the MCC every now and

then.

Conclusion

The existing position cannot sustain itself for long as the

governments from time to time will try to influence the

constitutional office of the Election Commission. Therefore as

per the Supreme Court order the commission needs to act

decisively against offenders, reduces the status of the poll panel

to that of a minor in need of guardianship.

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Model Answer

Intro

Over the alleged efforts to pressure Ukraine to investigate Joe Biden, the

US House of Representatives have launched an impeachment inquiry

against President Donald Trump.

Impeachment is a provision that allows Congress to remove the President

of the United States.

Under the US Constitution, the House of Representatives (Lower House)

has the “the sole power of impeachment” while the Senate (Upper House)

has “the sole power to try all impeachments”. The Chief Justice of the US

Supreme Court has the duty of presiding over impeachment trials in the

Senate.

Body

U.S President Indian President

Grounds for removal: The

President can be removed from

office for “treason, bribery, or

other high crimes and

misdemeanors”

Grounds for removal: The president

may be removed from his office

before the expiry of his term, for

“violation of the Constitution”

Process followed for U.S President:

Q4. Compare the impeachment process of president of India

with that of U.S President.

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Process followed for Indian president:

Impeachment process can be initiated by either house of the

parliament.

Let’s assume that charges were initiated in Lok Sabha/House of

people.

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Model Answer

Approach:

Intro

An honour killing or shame killing is the murder of a member of a

family, due to the perpetrators' belief that the victim has

brought shame or dishonor upon the family, or has violated the principles

of a community or a religion, refusing to enter in arranged marriages,

being in a relationship that is disapproved by their family,

having premarital or extramarital, or engaging in non-heterosexual

relations or renouncing of faith.

Recent examples:

1. The Manoj–Babli honour killing case was the honor killing of Indian

newlyweds Manoj Banwala and Babli in June 2007 and the subsequent

court case which historically convicted defendants for an honour killing.

2. Varmor honor killing Ahmedabad 2019.

Body

Reasons of prevalence of honor killing in India:

Strong misogynistic views: In traditionally male dominated

society, Women are viewed as property and not as individuals

with their own agency. As such, they must submit to male

Q5. Examine the need for a comprehensive law to curb killings

in the name of honour and prohibit interference in matrimonial

choices of individual.

Intro: Define honor killing or mention recent incidents of honour

killing or mention data regarding honor killing. Explain honor killing as

social evil.

Body:

Reasons of prevalence of honour killing in India.

Why there is need of law to curb honour killing.

Supreme Court judgements and law commission

recommendation.

Conclusion: Measures to eradicate honor killing and conclude with the

need of urgency of stringent laws along with societal reforms.

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authority figures in the family – failure to do so can result in

extreme violence as punishment.

Rigid caste system: India's caste system is among the world's

oldest forms of surviving social stratification. Existence of

hierarchy is one of the biggest reason for honor killing.

Illiteracy: Due to illiteracy and lack of awareness couples are

not aware of their rights. Large section of the society unknown

about the rights which are made to protect them in our

constitution incapacity due to lack in education. The honour

crime violates Article 14, 15 (1) & (3) 19, 21 and 39 (f) of the

Constitution of India.

Existence of caste Panchayats: Khap Panchayat, The absence

of the formal institutions as panchayat Samiti or a constitution

gathering leads to the brutal governance of the illegal and extra-

constitutionalized panchayat.

Lack of formal governance: The root of the cause for the

increase of it is because the formal governance has not been

able to reach the rural areas.

Fear of losing prestige, status and acceptance of honor killing

by society.

Need of comprehensive law to curb honor killing:

Number of crimes are rising: NCRB reports show that in

2014, there were a total of 28 cases of honour killing

reported, while in 2015, the number shot up to 192, which is

almost an 800% increase.

Honour killing is different from other crimes: Honour

killings are usually premeditated - there is immense brutality

that is committed, especially atrocities against SC and ST

individuals.

Majorly a caste issue: The dominant caste or community

maintains control over police, caste Panchayats and hence

crimes go unreported. That is why judiciary also needs to

look at this matter under honour killing category, and not

just as a murder.

Making the crime of honour killing a separate offence

would help bring more clarity for law enforcement

agencies.

Violates fundamental rights: Honour killing violates

article 14, 15, 19, 21, 39 (f) of the constitution. These

actions of honour killing are also violative of certain

fundamental rights in the Constitution of India, including

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the right to life, and liberty which includes the right to

bodily integrity, and the right to choose.

Supreme Court judgement:

In the case of Shakti Vahini the Supreme Court of India had given

various guidelines to prevent honour killing. These guidelines of the

Court are as under

There will be fast-track courts for fighting against honor killing

cases.

The disposal of the cases can be expected within 6 months.

Immediate FIR against Khap Panchayat if they order any diktat

against any couple.

There will be a provision of safe houses for the couples by the

government, along with security, if needed.

DM/SP will supervise the safe houses.

The safe houses will cater young bachelor-bachelorette couples

along with married couples whose relationship is being opposed

by Khap.

Law Commission on Honour Killing:

The Law Commission in 2012 (in its Report no 242) prepared a draft bill

to prohibit interference in marriage alliances and to address the problem of

khap panchayats in this draft.

Law commission states that such informal groups would be treated as an

‘unlawful assembly’ and decisions that amount to harassment, social

boycott, discrimination or incitement to violence should be punishable

with a minimum sentence.

Way forward:

Sensitize the police and further improve law enforcement

response to human rights situations, a comprehensive program

has been included in the curriculum of police training schools,

police training colleges and national police academy.

Cooperation of NGOs and civil society.

Media needs to gear up and extensively report about honour

killing cases.

Administration must take preventive,punitive and remedial

measures.

Promote gender equality and gender sensitive polices.

The term "honor" crime is misleading not only because it implies that

such crimes are "honorable". It also gives the impression that these

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crimes are a product of the "culture" - customs and traditions -

specific to certain communities or faiths.

Laws can only punish the criminal but they cannot prevent the crime

to happen, so it is very necessary for people to rise above the clouds

of caste, religion, clan, etc. The real honour is in protecting the

family members and being liberal and open minded in the approach

towards life and not by being stringent in thoughts and attitude.

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Model Answer

Intro:

In context of social accountability of Indian higher judiciary the

following are some of the factors due to which today there is a

strong demand of judicial accountability and transparency.

Body:

Changing demands in Modern Welfare State: Due to increase in

literacy rate more and more citizens are aware of their fundamental

rights, therefore they come to courts to redress their grievances and

want speedy justice, but the judiciary is slow in this regard.

No Remedy against Misbehaviour: Judges of superior court

commit mistakes or misbehave, but such misbehaviour or mistakes

are not corrected hence the feeling that the Judges of superior court

protect their own men and it is in vain to make complaints.

Demand of Accountability: Today the demand is that like every

other institution dealing with the public welfare functions, the

judicial arm of the government also shall be accountable.

Legitimacy of Judicial Process: As the judges are makers of law

they should be held accountable for their decisions in order to bring

legitimacy to their law making functions.

Question of Standard of the Judges: The standard of the Judges

has, no doubt, gone down. Many persons of doubtful integrity and

political affiliations have been appointed. It is now opened talked

that one can get a judgeship or get transfer from one High Court to

the other by canvassing for it or with the blessings of political

heavy weights.

Demand of Reservation in Judiciary: It is argued that the weaker

sections of society consider law their enemy if the instrument of law

is in the hands of the higher class. Therefore, there is demand for

reservations in the appointment in higher judiciary by treating

judicial service as a single cadre on the line of UPSC to make the

judiciary socially accountable.

Demand for Efficiency: Today people are professing quality over

quantity. The Supreme Court started with seven or 10 judges. Now

there are 31 judges, but how many qualitative judgements are

Q6. Describe the Factor for Demand of Judicial Accountability

and Transparency in Judiciary

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given? Therefore, people prefer other illegal measures to resolve

their disputes as they are not sure that they will get quick justice. It

is needless to say, that when institutions fail to provide justice to

common people, the institution runs into deep moral crises.

Demand of Transparency: Indian Judiciary strongly adheres to the

Official Secret Act, 1923 by denying right to information. Chief

Justice of India recently opined that the Right to Information Act,

2005 is not applicable to the judiciary, being a constitutional

machinery.

No Provision for the review of the Supreme Court Decisions: In

India there is no other supreme body or council to review the

decision of the Supreme Court except the Supreme Court itself. The

Supreme Court thrives on the wrong decisions for years together.

Conclusion:

In today's 21Century the real question is not only speedy justice but

due to the emergence of era of good governance, consumerism or

right to information, it is also the question of just, honest, qualitative,

integrated consistent, efficient and accountable judiciary.

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