26 March 2024

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. Explain the Supreme Court’s understanding of the “Basic Structure of the Constitution”. What effect does it have on the Parliament’s ability to amend?

GS I – Constitution-related issues

Introduction:

• The Indian Supreme Court created the Basic Structure Doctrine in the seminal case of Kesavananda Bharati v. State of Kerala (1973), which maintains that some aspects of the Constitution are unchangeable and cannot be changed, not even by amending the Constitution. This theory was developed to protect the fundamental ideas and ideals that the Constitution upholds, guaranteeing its integrity and stability.

Elements of the Fundamental Framework:

Democratic Structure:

• The theory supports the democratic ideals found in the Constitution, such as the rule of law, free and fair elections, and the division of powers.
• The rights and liberties of India’s residents must be upheld, and these values serve as the cornerstone of the country’s governing system.

Federalism:

• The federal framework of the Constitution, which maintains a balance of power between the federal and state governments, is acknowledged by the Basic framework Doctrine. Any effort to subvert federal ideals would be an affront to the fundamental framework.

Secularisation:

• A key component of the Indian Constitution is secularism, which forbids the government from supporting any one religion over another.
• This idea guarantees equality among citizens regardless of their faith and encourages religious harmony.

Court Review:

• By giving the judiciary the authority to overturn legislation that violate fundamental rights or depart from the constitution, the concept strengthens the idea of judicial review.
• This guarantees the Constitution’s primacy and safeguards personal freedoms.

• Since fundamental rights protect persons’ liberty and dignity, they are regarded as an essential component of the fundamental framework.
• Any change that would weaken or eliminate these rights would be against the constitution.

Effect on the Amending Power of the Parliament:

• Constitutional Limitation: The Constitution cannot be changed by Parliament in a way that goes against its fundamental framework. Any modification that is judged to be at odds with the fundamental framework is void.
• In the 1975 case of Indira Nehru Gandhi v. Raj Narain, the court upheld the Basic Structure doctrine and invalidated the 39th Amendment, which denied the Supreme Court’s jurisdiction to hear cases involving the election of the Prime Minister, Speaker of the Lok Sabha, President, and Vice President.
• In Minerva Mills v. Union of India (1980), the court upheld the Basic Structure concept, ruling that the ability to change the Constitution does not provide the authority to eliminate its fundamental framework or structure.
• Judicial Oversight: The judiciary is empowered to examine constitutional amendments and serves as the document’s defender. The courts will assess a constitutional amendment’s conformity with the fundamental ideas of the document if it is challenged in court for breaking any of its fundamental provisions.
• Judicial review is an integral aspect of the fundamental framework, as the Supreme Court has repeatedly stated in rulings such as the IR Coelho case.
• Evolutionary Interpretation: The Supreme Court has extended the fundamental framework’s reach throughout time in order to adjust to shifting socio-political conditions. This guarantees the Constitution’s continued applicability and strength in the face of fresh difficulties.
• Kesavananda Bharati v. State of Kerala (1973): The Basic Structure concept is based on this notable decision. The court ruled that although Article 368 gives Parliament the authority to amend the Constitution, it cannot change the fundamental framework of the document.
• The Basic Structure Doctrine guarantees the maintenance of the fundamental tenets of the Indian Constitution and acts as a safeguard against arbitrary constitutional modifications. It safeguards the rights and liberties of the people and upholds the supremacy of the Constitution, even as it places limitations on legislative power.

Q2. Disuss about how India’s Federal System and Parliamentary System interact. What role does it play in the federal system and government of the nation?

GS II – Constitution related issues

Introduction:

• The Indian Constitution creates a special form of government that combines the federal and parliamentary systems. India has a parliamentary system of government, meaning that the legislative is in charge of the executive branch. It also has a federal system, in which the federal government and the states each have different powers.

Interaction between the Federal and Parliamentary Systems:

Cabinet Organisation:

• The Indian Parliamentary System has an impact on the federal structure by guaranteeing that members of the Council of Ministers represent a variety of states.
• This guarantees that state concerns are taken into account at the federal level and encourages regional representation.

Assignment of Authority:

• In order to maintain a balance of power, the federal structure establishes the authorities of the federal and state governments (7th Schedule). Nonetheless, the Parliamentary System permits the federal government to become involved in domestic affairs through tools such as President’s Rule, which can be enforced in the event that a state’s constitutional machinery fails.
• President’s Rule: The way the Federal and Parliamentary Systems interact is reflected in the states’ use of Article 356 of the Constitution. Although it is a tool for upholding constitutional order, when it is abused, tensions between the federal government and the states may arise.
• Under certain conditions, such as when there is a national interest or when two or more states seek it, the Parliament may pass laws on topics included on the State List (Article 252).
• This is indicative of India’s cooperative federalism, in which state and federal administrations work together to provide efficient governance.

Relationships Finance:

• Mechanisms such as the Finance Commission (Article 280) of the federal system recommend how financial resources should be distributed between the federal government and the states.
• Through financial mechanisms such as budgetary allocations, the Parliamentary System guarantees the implementation of these proposals.
• Finance Commission: The Parliamentary System is used to carry out the recommendations made by the Finance Commission, which is an outcome of the federal system. This guarantees that states receive an equitable distribution of financial resources.

A contribution to the governance:

Responsibility:

• The executive branch’s continued accountability to the legislature is guaranteed by the parliamentary system.
• This accountability guarantees responsiveness and openness in governance by encompassing both the federal and state administrations.

Effectiveness:

• Decisions can be made quickly thanks to the combination of the parliamentary and federal systems, which enables the executive to act quickly in response to issues and demands in legislation. In a multicultural nation like India, this agility is crucial.

Representation:

• By guaranteeing that every area and community is represented in the government, the parliamentary system fosters inclusivity and diversity in the executive branch.
• In order to address regional imbalances and ensure equitable development, this representation is essential.

Federal Structure Contribution:

Harmony and Variation:

• India’s dedication to unity in diversity is shown in the interaction between the Parliamentary and Federal Systems.
• It preserves national unity while recognising the various linguistic, cultural, and regional identities within the nation.

Federalism that is flexible:

• Since the Indian federal system is adaptable, different governance models can be used to meet the demands of different regions.
• In a nation as diverse as India, where one size does not fit all, this adaptability is crucial.
• GST Council: An illustration of cooperative federalism in action is the Goods and Services Tax (GST) Council. It reflects a collaborative approach to government since it consists of members from the Centre and states and decides on matters such as GST rates and other relevant matters.

Resolving Conflicts:

• Conflicts between the Centre and the states can be resolved through the interactions between the systems.
• This covers the role of organisations like the Inter-State Council as well as the conflict resolution clauses found in the Constitution.
• India’s dedication to democracy, federalism, and unity in diversity is demonstrated by the way the country’s two systems—the Parliamentary and Federal—interact. The result of these interactions is inclusive, accountable, and efficient governance, which helps explain why India is the largest democracy in the world.

Q3. Discuss the advantages of Gross National Product (GNP) over Gross Domestic Product (GDP) in evaluating the state of a country’s economy and how this affects the creation of policy.

GS III – Indian Economy

Introduction:

• While Gross National Product (GNP) measures the total value of all goods and services produced by a country’s residents, whether they are located domestically or abroad, within a specific time frame, Gross Domestic Product (GDP) measures the total value of all goods and services produced within a country’s borders during a specific period, regardless of the nationality of those producing the goods and services.

GNP’s relative importance to GDP:

Remittances are Included:

• Remittances sent home by citizens who work overseas are included in GNP. In nations with sizable emigrant populations, remittances can account for a sizable amount of the GDP.
• Remittances, for instance, are a major factor in raising household income and promoting overall economic well-being in nations like the Philippines and India.

Earnings from Foreign Investments:

• The gains from foreign residents’ investments are included in the GNP. These profits make up a considerable portion of the income of a country.
• For instance, nations that host sizable multinational businesses frequently reap the benefits of sizable foreign investment earnings, which boost their gross national product.

Viewpoint on National Income:

• Since GNP takes into account the revenue made by a country’s residents both domestically and abroad, it offers a more realistic picture of that country’s total income.
• Policymakers need to grasp this viewpoint in order to fully comprehend the actual economic well-being of the nation’s citizens.

Comparative Evaluation:

• Because GNP takes into account all residents’ wages, regardless of location, it facilitates more accurate worldwide comparisons of economic performance.
• This is especially crucial for nations with sizable expatriate communities because their economic contributions could not be fully captured by GDP alone.

Consequences for Developing Policies:

Utilisation of Remittances:

• Policies that support the efficient use of remittances for development initiatives, including investments in entrepreneurship, infrastructure, healthcare, and education, can be developed by governments.
• Remittance channels have been put in place by nations like Bangladesh and Nepal in an effort to promote economic progress.

Promoting Foreign Investments:

• Policies designed to promote citizens’ foreign investments abroad can boost the country’s gross domestic product (GNP) and improve foreign currency revenues.
• Governments can encourage local businesses to invest overseas by offering incentives like tax breaks or subsidies, which will increase the nation’s economic footprint.

Counteracting Trade Shortages:

• A focus on GNP emphasises how crucial it is to generate foreign revenue in order to close trade deficits. Strategies to encourage exports and draw in foreign direct investment (FDI) may be given top priority by policymakers.
• In order to maintain a positive balance of payments and steadily raise GNP, it also increases competitiveness in international markets.

Increasing the Variety of Your Income:

• The relevance of the GNP emphasises how important it is to diversify sources of revenue beyond local output.
• Governments can lessen their need on any one source of income by enacting laws that support industries like international trade, tourism, and service outsourcing.
• Although GDP and GNP are both important measures of economic performance, considering foreign revenue when calculating GNP provides a more complete picture of a country’s financial health. Strategies that harness remittances, foreign investments, and international trade to increase overall prosperity and sustainable development might result from policy formation driven by GNP concerns.

Q4. Examine the connections between inclusive growth, unemployment, and poverty while emphasising the legislative solutions to these problems.  

GS III – Indian Economy

Introduction:

• While unemployment is the state in which people who are willing to work but are unable to find appropriate employment prospects fall under the category of unemployed, poverty is a multifaceted problem that includes not only a lack of income but also deprivation in terms of healthcare, education, and essential amenities.

The relationship among inclusive growth, unemployment, and poverty:

Poverty and Joblessness Interaction:

• Elevated jobless rates exacerbate poverty by restricting people’s ability to pursue options that provide revenue.
• On the other hand, poverty can exacerbate the cycle of poverty by limiting access to education and skill development, which in turn can prolong unemployment.

Using Inclusive Growth as a Fix:

• One effective strategy for lowering unemployment and poverty is inclusive growth.
• Inclusive growth helps people break free from poverty by generating jobs, especially in high labor-intensive industries like manufacturing, services, and agriculture.

Social Displacement and Joblessness:

• Caste, gender, and ethnicity are examples of variables that lead to social exclusion, which worsens unemployment among marginalised groups.
• Policies that promote inclusive growth ought to tackle these systemic obstacles by guaranteeing equitable access to education, encouraging affirmative action, and doing away with discriminatory practices in the workplace.

Measures to Combat Poverty, Reduce Unemployment, and Encourage Inclusive Growth:

Programmes for Social Welfare:

• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) lowers unemployment and poverty by guaranteeing 100 days of paid work in rural regions.
• The National Social Assistance Programme (NSAP) lowers poverty by giving money to widows, the elderly, and those with disabilities.
• Deendayal Antyodaya Yojana – National Rural Livelihood Mission (DAY-NRLM): Encourages a variety of profitable self-employment and paid job options in an effort to combat poverty.
• The Prime Minister’s Employment Generation Programme (PMEGP) has helped to reduce poverty in different regions by fostering the creation of micro-enterprises and sustainable lives.

Initiatives for Skill Development:

• The goal of the Skill India Mission is to reduce unemployment and improve employability by providing over 40 crore people with various forms of training by 2022.
• Youth all around the nation can receive skill training through the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), which opens up more career options.
• Through skill development and microenterprises, Kerala’s Kudumbashree initiative has empowered women and dramatically reduced the state’s rates of unemployment and poverty.

Encouragement of Inclusive Growth:

• Financial Inclusion: Programmes such as the Jan Dhan Yojana are designed to give the underprivileged access to financial services so they can invest, save, and take out loans.
• Infrastructure Development: The impoverished can gain from increased employment and economic growth brought about by improved infrastructure in rural and underdeveloped areas.

Reforms in Labour:

• The 2019 Labour Code on Wages raises worker standards of living and lowers poverty by guaranteeing minimum wages and prompt wage payments.
• The 2020 Industrial Relations Code seeks to facilitate corporate transactions and streamline labour laws, which could result in more jobs being created.
• The interconnected challenges of poverty, unemployment, and inclusive growth necessitate a comprehensive strategy for efficient mitigation. To solve these issues and encourage equitable growth, policy initiatives focusing on infrastructure development, social welfare, financial inclusion, and skill development are essential.