The Prayas ePathshala

Exams आसान है !

25 May 2023

Daily Mains Answer Writing

Q1. India’s Neighbourhood First’ approach is negatively influenced by constitutional crises in the country’s immediate neighborhood. Discuss recent occurrences. (250 words)

Paper & Topic: GS II – India and its neighborhood- relations. Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

Model Answer:

Introduction:

The BIMSTEC — a grouping that comprises practically all countries in South Asia and some in South-East Asia—is included in India’s Neighbourhood First Policy, which gives priority to nations in India’s periphery.
It works hard to strengthen connections with India’s immediate neighbors.
It focuses on collaboration based on neighboring countries’ needs and requirements. The idea of non-seeking reciprocity is also at the heart of the policy.

Body:

The neighboring countries’ constitutional crisis is as follows:

In his inaugural address to Parliament, newly elected Sri Lankan President Gotabaya Rajapaksa stated his intention to abolish the landmark 19th Amendment to the Constitution and work toward a new constitution.
Sri Lanka will write a new Constitution, repealing the 19th Amendment, which limited the President’s powers and increased the role of Parliament.
During the last general elections, the Rajapaksas won a two-thirds majority in parliament, clearing the path for constitutional revisions.
The President’s comments on the draft Constitution can be interpreted as indicating a shift away from the concept of devolution.
If the idea of sharing more power with the provinces is completely abandoned, it will be backward.
It would be a distortion of democratic principles if the independence of institutions like the Election Commission (EC) is now curtailed in the pretext of repealing the 19th Amendment.
Furthermore, there was no mention of ethnic minorities in the President’s speech.

The following are the reasons for the proposed constitutional amendments:

The President’s executive powers were restricted and handed to parliament and independent commissions in the 19th Constitutional Amendment, which was enacted in 2015.
Many of the Executive Presidency’s powers, which have been in place since 1978, will be weakened by the legislation. It entails:
The President’s and Parliament’s terms have been reduced from six to five years.
Reintroduce a presidential term limit of two terms.
Only after four and a half years does the President have the ability to dissolve Parliament.
The Constitutional Council should be resurrected, and independent commissions should be established.
The President retains control of the Cabinet and can select Ministers on the Prime Minister’s advice.
The Rajapaksa family claimed that the amendment was introduced with the intent of deliberately targeting them.
Due to the term limit, Mahinda Rajapaksa was unable to run for president in November, and his younger brother Gotabaya was elected instead.

India’s Effects:

The issue of the Tamils, who are an ethnic minority group, would resurface as a result of the proposed constitutional changes.
In the past, this has been a source of friction in bilateral relations between India and Sri Lanka.
Sri Lanka could play the China card once more, emboldening China’s ‘String of Pearls’ effort and putting India’s security in the Indian Ocean region in jeopardy.

Steps to take/Conclusion:

A new inclusive constitution is urgently needed to set the country on the road to equality and peace.
The attempt to amend the Constitution under the guise of implementing the “one country, one law” principle should not conflict with this requirement.
While remaining attentive to Sri Lanka’s security concerns, India should advocate for reconciliation initiatives for the Tamils in Sri Lanka.

Q2. Do you believe the time has come for Parliament to reconsider entrusting disqualification petitions under the Anti-Defection Act to the Speaker?

Examine in the context of recent events. (250 words)

Paper & Topic: GS II – Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Model Answer:

Introduction:

Defection is defined as “a member of a political party abandoning his or her commitment to that party” or, more simply, “when an elected representative joins another party without resigning from his or her current party in exchange for rewards.”
Defection is the institutional malaise, and switching parties is state-neutral, party-neutral, and politics-neutral.
The Anti-Defection Law was enacted in 1985 as part of the 52nd Amendment to the Indian Constitution, which added the Tenth Schedule.
The law’s principal goal was to counteract “the evil of political defections,” which could occur as a result of a payment for office or other comparable factors.
Both Parliament and state legislatures are subject to the statute.
However, there are a number of concerns with how this law operates.

Body:

Some sitting MLAs in the Manipur administration recently switched to the opposition, causing political uncertainty in the state. This defection politics in Manipur is not unusual; defections have also occurred recently in Karnataka, Madhya Pradesh, Arunachal Pradesh, and Uttarakhand.

Background:

Political defections by members of the legislature have influenced the Indian political system for a long time. The political system became more unstable and chaotic as a result of this predicament.
In 1985, the 52nd constitution amendment act on anti-defection was passed, and the 10th Schedule was inserted to the Indian Constitution to combat the evil of political defections.
The 91st Constitution Amendment Act of 2003 was adopted with the goal of reducing the size of the Council of Ministers, prohibiting defectors from holding public office, and strengthening anti-defection legislation.

Current Anti-defection legislation has the following flaws:

Anti-defection legislation has failed to prevent “horse trading” and defection, resulting in the overthrow of governments due to the machinations of corrupt legislators.
For example, in Karnataka, 17 members of the coalition government resigned, resulting in a government change. Later, the 17 MLAs ran for the party that established the new administration.
Individual defections are prohibited by law, but bulk defections are not.
For example, the Congress administration in Madhya Pradesh lost its majority due to MLA resignations.

Against the genuine spirit of representative democracy:

The anti-defection law aims to maintain government stability by preventing legislators from switching sides.
This statute, however, prohibits legislators from voting in accordance with their conscience, judgment, and the interests of their constituents.
Impairs legislative supervision of government: The anti-defection statute obstructs the legislature’s oversight duty over the government by guaranteeing that members vote based on party leadership decisions.
In other words, if parliamentarians are unable to vote on legislation independently, they will be unable to serve as an effective check on the administration.
In effect, the Anti-Defection Law weakens the separation of powers between the Executive and the Legislature, concentrating power in the hands of the executives.
The presiding officer of the House has the authority to disqualify parliamentarians on the basis of defection by the Presiding Officer of a legislature in response to a petition from any other member of the House.
However, there are other cases in which presiding officials serve the entrenched interests of a ruling political party or government.
Furthermore, the statute makes no provision for the Presiding Officer to make a decision on a disqualification plea within a specific time frame.
As a result, the ruling is sometimes reliant on the presiding officer’s whims and fancies.
Has an impact on debate and discussion: In India, the Anti-Defection Law has created a democracy based on parties and numbers rather than debate and discussion.
It makes no distinction between dissent and defection in this way, weakening Parliamentary debates on any measure.

Speaker’s Authority ruling by the Supreme Court:

The Supreme Court’s recent judgment on the Speaker as the adjudicating authority under the anti-defection law has two major implications.
The first is that Parliament should appoint a “permanent tribunal” or external mechanism to make speedy and impartial verdicts on defection cases in place of the Speaker.
Few would argue with the Court’s assessment that initial concerns and misgivings regarding Speakers’ impartiality had been realized.
The second is its remarkable finding that a major question referred to a Constitution Bench by another Bench in 2016 was superfluous.
The question before a bigger Bench is whether courts have the authority to order Speakers to decide disqualification petitions within a set time frame.
The issue arose because numerous presiding officers have permitted defectors to increase the strength of ruling parties and even be sworn in as Ministers simply by refusing to hear accusations against them.
Defections in large numbers have occurred in some states shortly after elections.
Speakers have been intentionally breaking the law, believing that no court would question the delay in disposing of disqualification cases as long as the matter was ongoing before a Constitution Bench. This has aided the ruling party, which is generally the one that helped them get to the Chair.
It is past time for Parliament to reconsider whether disqualification petitions should be entrusted to a Speaker as a quasi-judicial authority while the Speaker remains a de jure or de facto member of a political party.
Restriction on the Speaker’s discretion: According to a recent Supreme Court ruling, the Speaker must make a decision on disqualification within three months of receiving the application. It cannot be the Speaker’s decision to take no action.

Steps to take:

The Speaker’s decision to exclude a legislator is based on the Speaker’s institution.
In many states, the Speaker’s partisan position has ensured that turncoat politicians remain genuine members of the House.
Various commissions, including the National Commission to Review the Workings of the Constitution (NCRWC), have recommended that, on the advice of the Election Commission, the President (in the case of MPs) or the Governor (in the case of MLAs) make the decision to disqualify a member rather than the Presiding Officer.
Independent disqualification committee: In the Hollohan decision, Justice Verma stated that the Speaker’s tenure is contingent on the continued support of the House majority, and hence he does not meet the criteria of such independent adjudicatory authority.
Furthermore, his selection as the only arbitrator in the case breaches a fundamental characteristic of the basic feature.
As a result, an impartial body to deal with incidents of defection is required.

Conclusion:

This is an opportune opportunity to follow the advise of eminent constitutional experts and revise the anti-defection law to provide an autonomous body the power to dismiss turncoats.
The court has thus established a window for judicial involvement in circumstances when Speakers refuse to act, as “failure to exercise jurisdiction” is now a recognized stage at which the court might interfere.
This bodes well for the text and spirit implementation of the legislation prohibiting desertion.
In light of Speakers’ partisan behavior, the report recommends that Parliament change the Constitution to create a permanent tribunal to hear issues under the 10th Schedule.

Q3. Examine how soft infrastructure catalyzes India’s development. Also suggest some policy reforms for equitable access to digital technologies. (250 words)

Paper & Topic: GS II – Human Resource Development (HRDs) role in Developmental Prospects of India

Model Answer:

Introduction:

The term “soft infrastructure” refers to all of the institutions that contribute to a thriving economy.
These usually necessitate a large amount of human capital and are geared at providing services to the general public.
All educational, health, financial, law and order, governmental systems (such as social security), and other institutions that are regarded critical to an economy’s well-being are termed soft infrastructure.
Soft infrastructure is critical for India’s development.
Soft infrastructure, including software, serves as the foundation for hard infrastructure to function and grow.
Without effective governance, the rule of law, and pro-business policies, building bridges, highways, airports, and power plants will not be enough to promote development.
Soft infrastructure is critical to the success of these undertakings.
As a result, India must invest in critical components of soft infrastructure such as rule of law and effective tax regimes, as well as promote private-sector competition and public-private partnerships, in order to establish a healthy, functioning, and constantly increasing economy.

Body:

The foundations of’soft’ infrastructure in India are strengthening: excellent governance, effective tax regimes, private sector competition, Public-Private Partnership, and foreign investment inflows.
India has a strategic location in relation to important markets (East Asia, Central Asia, WANA, Russia, and Europe), a young and growing population, significant human capital, a wealth of natural resources, and enjoys relative peace and stability.
India’s long-term success will be determined by their willingness and ability to provide leadership and embrace and implement necessary reforms.

India’s soft infrastructure changes so far:

Over the last three decades, governments have implemented reforms in direct taxation, telecommunications, labour, banking, and capital markets; expanded infrastructure (roads, airports, and ports); increased foreign ownership limits in controlled sectors; attempted privatisation of state-owned enterprises; and conceptualised and implemented Aadhaar.
The Goods and Services Tax, the Insolvency and Bankruptcy Code, agricultural reforms, and sanitation and hygiene are some of the current notable measures.
The JAM trinity, which has weeded out inefficiencies and corruption to allow the genuine beneficiaries receive the benefits of public service delivery.

Policy changes to ensure that all people have equal access to digital technologies:

Address the issue of digital segregation:

The government must provide all Indians with a “smart device for life,” complete with sufficient bandwidth and data.
A passport to equal opportunity with connection, akin to a little iPad, offering access to education, health, training, upskilling, and financial inclusion.
The initial condition for aatmanirbharta is this.
Ensure that all students have equitable access to education.
In the midst of the pandemic, virtual schooling has proven the prospect of a much more equitable future for our children.
The weapon should be the use of digital in education via the smart small device, and all public schools should be taught by the same teachers (by language), with present teachers serving as class monitors to ensure good attendance and behaviour.
Transform health-care delivery.
Access to health centres should be provided by the same device.
In India, all health records must be digitised and stored centrally.
We can solve privacy concerns and transform India’s health-care delivery system from “impersonal” to “personalised.”

Conserve water:

India is both a victim and a culprit when it comes to environmental management.
However, mispricing (or giving away) power and water has resulted in agricultural perversions and a dangerously low water table.

Improve justice:

Exporting water-guzzling rice and sugar is akin to exporting food during a famine.
At its most basic level, this means that our courts must work more quickly, and jails should imprison criminals rather than people awaiting trial.
It is unjust that 60 percent of jail detainees are awaiting trial.

Conclusion:

India will be far better prepared to attract investment and achieve growth and integration into the global economy if it chooses to invest in soft infrastructure development, such as improving governance, strengthening the rule of law, increasing transparency, developing legislative and regulatory institutions, and levelling the playing field for market competition.
India must fully adopt technology in the next phase to make it future-ready and provide equitable opportunity to its inhabitants.
Soft infrastructure can thus assist India in shifting its economy toward consumption, services, and environmentally friendly growth while also coping with the challenges of an ever-changing globe.

Q4. A below-par poverty measurement instrument misrepresents the degree of poverty. Elucidate in Indian context and suggest ways to fight the never-ending battle against poverty in the country. (250 words)

Paper & Topic: GS I & II – Poverty related issues

Model Answer:

Introduction:

Poverty is defined as a situation in which a person or a family lacks the financial means to maintain a basic level of living.
Economists and politicians define “absolute” poverty as the difference between consumption expenditure and a “poverty line” level.
Every single minute of every single day, 12 Indian residents are lifted out of extreme poverty, according to the report.

Body:

Poverty Measurement:

The official poverty line is the cost of obtaining the items in a “poverty line basket” (PLB).
Poverty can be assessed by the number of persons who live below the poverty line (with the incidence of poverty expressed as the head count ratio).
Poverty “depth” refers to how far people are below the poverty level.
Expenditure on health and education were not examined until the Tendulkar Committee — which was chastised for placing the poverty criterion in urban India at barely Rs 32 per capita per day (and at Rs 27 in rural India).
The Rangarajan Commission was also chastised for picking the food component at random; the focus on food as a source of nutrition ignores the importance of sanitation, healthcare, clean water availability, and the prevalence of pollutants.
Policies and programmes can be objectively assessed to see if they suit the requirements of the majority.
The definition of poverty set by the NITI Aayog or the erstwhile Planning Commission is used by central schemes like the Antyodaya Anna Yojana (which provides subsidised foodgrains to households living below the poverty line) and the Rashtriya Swasthya Bima Yojana (which provides health insurance to BPL households).
The Centre distributes cash for these programmes to states based on the number of underprivileged people in each state.
Errors in exclusion might result in a household’s eligibility for assistance being revoked.
Knowing the numbers and making them public allows the public to rally behind large-scale, urgent financial transfers.
If government data accurately reflected the true numbers of the poor, it would be more realistic to expect public debate to focus on the concerns of the true majority and to establish an environment that demands accountability from public officials.
India’s market capitalization has risen dramatically, as have the fortunes of the country’s wealthiest corporations, whose fortunes have multiplied in recent years, even as millions of Indians have fallen into poverty.
The “poverty line basket” (PLB) includes commodities and services considered essential to a basic minimum level of living — food, clothing, rent, transportation, and entertainment.
The price of the food component can be determined using calorie standards or nutrition targets.
Until the 1990s, the calorie norms technique was employed, which was based on the Indian Council of Medical Research’s (ICMR) minimum calorie recommendation for a family of five.
However, this strategy ignores the various dietary types that are necessary for good health, which is why the Tendulkar Committee focused on nutritional outcomes.
The Lakdawala Committee assumed that health and education are provided by the state, so expenditure on these items was excluded from the consumption basket it proposed.
The Tendulkar Committee included health and education in the basket because expenditure on these items increased significantly in the 1990s.
The percentage of individuals living below the poverty line increased from 35.97 percent to 45.3 percent in 1993-94 as a result of adjustments to the basket and other changes in the technique of calculation.
In addition, knowing where impoverished people live is crucial for fighting poverty.
They are not uniformly distributed throughout a country, or even within a family.

Conclusion:

Because it incorporates components that capture the standard of life more efficiently, the Multi-Dimensional Poverty Index (MPI) is a more comprehensive measure of poverty.
However, because it considers “outcomes” rather than “expenditure,” the presence of an undernourished member in the family will cause it to be labelled as “poor,” regardless of whether or not the household spends money on healthy food.