INSIGHTS MISSION 2018

STATIC TEST 3-SYNOPSIS

1. What is Overseas Citizenship of India? Can it be said same as Dual Citizenship? Discuss the
benefits of OCI in the context of merger of OCI and PIO cards.

Answer:

In response to persistent demands for "dual citizenship" particularly from the Diaspora in North America
and other developed countries and keeping in view the Government's deep commitment towards fulfilling
the aspirations and expectations of Overseas Indians, the Overseas Citizenship of India (OCI) Scheme was
introduced by amending the Citizenship Act, 1955 in August 2005. The Scheme was launched during the
Pravasi Bharatiya Divas convention 2006 at Hyderabad. The Scheme provides for registration as Overseas
Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on 26th January, 1950
or thereafter or were eligible to become citizens of India on 26th January, 1950 except who is or had been
a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in
the Official Gazette, specify.
The Overseas Citizenship of India (OCI) is an immigration status authorized for a foreign citizen of Indian
origin to live and work in the Republic of India indefinitely. The OCI was introduced in response to
demands for dual citizenship by the Indian diaspora, particularly in developed countries. It was introduced
by The Citizenship (Amendment) Act, 2005 in August 2005. Constitution of India does not allow for dual
citizenship i.e. simultaneously holding Indian citizenship and citizenship of foreign country.
Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India
decided to grant Overseas Citizenship of India (OCI) commonly known as ‘dual citizenship’. Persons of
Indian Origin (PIOs) of certain category as has been specified in the Brochure who migrated from India and
acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI
as long as their home countries allow dual citizenship in some form or the other under their local laws.

Persons registered as OCI have not been given any voting rights, election to Lok Sabha/Rajya
Sabha/Legislative Assembly/Council, holding Constitutional posts such as President, Vice President, and
Judge of Supreme Court/High Court etc. Registered OCIs shall be entitled to following benefits:

(i) Multiple entry, multi-purpose life long visa to visit India;

(ii) Exemption from reporting to Police authorities for any length of stay in India; and
(iii) Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or
plantation properties.

Any further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under
section 7B (1) of the Citizenship Act, 1955.

A person registered to OCI is eligible to apply for grant of Indian citizenship under section 5(1) (g) of the
Citizenship Act, 1955 if he/she is registered as OCI for five years and has been residing in India for one year
out of five years before making the application.

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2. The list of human rights have expanded over the years as societies face new threats and
challenges .In this context discuss the different generations of human rights with examples.
Approach: Introduction should define human rights .Then it should elaborate the three generations of human
rights with examples.

Answer:

Human rights are the basic rights and freedoms that belong to every person in the world, from birth until
death. They apply regardless of where you are from, what you believe or how you choose to live your life.
They can never be taken away, although they can sometimes be restricted – for example if a person breaks the
law, or in the interests of national security.

There are three overarching types of human rights norms: civil-political, socio-economic, and collective-
developmental .The first two, which represent potential claims of individual persons against the state, are firmly
accepted norms identified in international treaties and conventions. The final type, which represents potential
claims of peoples and groups against the state, is the most debated and lacks both legal and political
recognition.

Civil-political human rights include two subtypes: norms pertaining to physical and civil security (for example,
no torture, slavery, inhumane treatment, arbitrary arrest; equality before the law) and norms pertaining to civil-
political liberties or empowerments (for example, freedom of thought, conscience, and religion; freedom of
assembly and voluntary association; political participation in one’s society).

Socio-economic human rights similarly include two subtypes: norms pertaining to the provision of goods
meeting social needs (for example, nutrition, shelter, health care, education) and norms pertaining to the
provision of goods meeting economic needs (for example, work and fair wages, an adequate living standard, a
social security net).

Finally, collective-developmental human rights also include two subtypes: the self-determination of peoples
(for example, to their political status and their economic, social, and cultural development) and certain special
rights of ethnic and religious minorities (for example, to the enjoyment of their own cultures, languages, and
religions).

This division of human rights into three generations was introduced in 1979 by Czech jurist Karel Vasak. The
three categories align with the three tenets of the French Revolution: liberty, equality, and fraternity.

First-generation, “civil-political” rights deal with liberty and participation in political life. They are strongly
individualistic and negatively constructed to protect the individual from the state. These rights draw from those
articulates in the United States Bill of Rights and the Declaration of the Rights of Man and Citizen in the 18th
century. Civil-political rights have been legitimated and given status in international law by Articles 3 to 21 of the
Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights.

Second-generation, “socio-economic” human rights guarantee equal conditions and treatment. They are not
rights directly possessed by individuals but constitute positive duties upon the government to respect and fulfill
them. Socio-economic rights began to be recognized by government after World War II and, like first-generation

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rights, are embodied in Articles 22 to 27 of the Universal Declaration. They are also enumerated in the
International Covenant on Economic, Social, and Cultural Rights.

Third-generation, “collective-developmental” rights of peoples and groups held against their respective states
aligns with the final tenet of “fraternity.” They constitute a broad class of rights that have gained
acknowledgment in international agreements and treaties but are more contested than the preceding types .
They have been expressed largely in documents advancing aspirational “soft law,” such as the 1992 Rio
Declaration on Environment and Development, and the 1994 Draft Declaration of Indigenous Peoples’ Rights.

Generation Types Rights

First Generation Civil Political Rights Right to freedom of expression,
Right to freedom to move
Second Generation Socio economic Rights Right to food and work
Third Generation Community Rights Right to environment

3. Do you think reservation policy violates the principle of equality guaranteed in Article 14 of the
constitution .Examine the jurisprudence developed on reservation policy in India?
Approach: The introduction should explain affirmative action and then go on to give reasons for such provisions
in the constitution. Then it should give judgment about has it succeeded. In the last segment it should bring out
problems associated with reservations in promotions.
Answer:
Our constitution provides for equality of opportunity under Article 16(1). But equality under Article 16(1) has to
be effective material equality. Therefore Article 16(4) which provides for reservation is not against equality .It is
only an emphatic way of putting the extent to which equality of opportunity could be carried i.e even up to the
point of making reservation.

Need for affirmative action/Reservation:

1. To correct historic injustice and deprivation.
2. It provides representation to socially backward in positions of power.
3. It seeks to alter social composition of elite positions.
4. Caste system is not merely division of labours but that of labourers. Work is allocated not on the basis of
aptitude but one’s birth .It is held that link between caste and occupation is considerably broken in
modern economy ,while this is true for upper caste but not for Dalits. Most polluting jobs are still
performed by the Dalits .Untouchanility still persists but it has acquired different forms like honour
killings.
5. The normal process of development does not automatically close gaps between marginalized and
dominant groups.

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 6. Reservation should not be seen as benefiting one community but as a policy that promotes the interest
of the entire society. It allows for utilization of the full talent pool of the society.

Argument against reservation:

1. It replaces one discrimination with another.
2. It increases caste consciousness and generates hostility
3. It compromises merit.
4. It compromises productivity.
5. Reservation should be class based rather than caste based.

SC jurisprudence on reservation:
1. M.R.Balaji vs State of Madras, 1963:
SC laid down principles related to reservations:
 Reservation is not an exception to equality.
 Identification of socially and educationally backward.
 Caste is not the sole criteria of backwardness.
 Reservation can’t be unreasonable (above 50%).
2. Indra Sawhney vs UOI, 1992: SC laid down principles related to reservations:
 Article 16(4) is not an exception to article 16(1)
 Legislation is not necessary for reservation
 Caste is n it the sole criteria for backwardness under Article 16.
 Reservation should be reasonable
 Inadequate representation of services.
 No reservation in promotion.

4. India adopted a development model called “socialist pattern of society” in post-independence

phase. Why did we adopt this model? How is it different from socialism adopted in other
countries?
Answer:
Socialist pattern of society
"Socialist pattern of society", according to the planning Commission, means. "that the basic criterion for
determining the lines of advance must not be private profit but social gain, and that the pattern of development
and the structure of socio-economic relations should be so planned that they result not only in appreciable
increases in national income and employment but also in greater equality in incomes and wealth".
Reasons for adopting this model
1) The disastrous experience of colonial rule when free market economic model lead to the breakdown of
Indian industry and agriculture.
2) The success of planning model of growth was clearly visible in the soviet growth miracle whereas world
capitalism faced its biggest crisis in 1930. Which made Indian politicians look towards planning
favourably.
3) The deep seated inequalities in India as a product of colonial rule. And the promise of Indian
independence was not just political independence but also the welfare of all.

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 4) Life expectancy in India at the time of independence was just 32 years. This needed decisive state action
to correct the ills of 200 years of colonial rule.
5) The industry was backward and agriculture was traditional so to bring out the efficient utilization of the
scarce resources we adopted socialist pattern of the society model.
6) The deep rooted democratic ideals inherent to the leaders of Indian national movement also stopped
them from adopting complete socialism. Instead they chose a model which will gradually but surely
bring justice and equity.
7) The influence of socialism on the Indian national movement also lead to adopting socialist pattern of
society.
Differences with other models of socialism
1. Respect for liberty and democratic values.
2. Did not aim to achieve dictatorship of workers or party as in USSR.
3. Forceful methods of acquisition of property was never attempted as collectivization of agriculture.
4. India aimed to achieve a planned industrial growth and a cooperative model of agriculture unlike other
socialist countries.
5. We choose the democratic method to achieve socialism and aimed to reduce the inequities but not over
throw of the socio economic situation.
6. Indian socialism is a model of democratic socialism similar to Latin American socialism or 21 St century
socialism.
7. We adopted a mixed economic model to organize the economy.
Thus the adoption of the socialist pattern of society is a product of the historical factors of British colonialism
and the promises of Indian national movement. It is a sui-generic model of development adopted to the peculiar
Indian situation.

5. French revolution by bringing the middle class and common man into the political arena has set
off forces which determine the nature of many political institutions that we live under. Discuss.
Did the Indian national movement have a similar impact on masses and our constitution? Explain
with examples.
Answer:

French revolution laid the foundation for the entry of common men into the arena of politics which till
then was close preserve of clergy and nobility. It gave birth to new forces which determine the nature
of many political institutions like
Sovereignty rests with people not the state or monarch
This conception of people above the state and its apparatus is a crucial departure. Its influence on the
making of Indian constitution is clearly visible in the preambles declaration of the agency of people in
making the constitution.
Separation of powers
To protect individual liberties from the excesses of any one state institution this system was
implemented which created the basis for democratic constitutions the world over.
Democratically elected governments which reflect the social contract

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The general will of the public should be reflected in the process of voting and the governments should
change according to the will of people is at the core of the new constitution of the revolution. This
conception serves as a basis for rise of democracy the world over.
Declaration of rights of man
Which declares that all men are born free and equal is an inspiration to the declaration of fundamental
rights by most constitutions. Which put limitations on state power and gave it positive role to promote
individual freedom.
It also gave birth to the concepts of citizenship and nation state.
French revolution gave a new identification for people of one nation with the idea of fraternity which
lead to conception of nation state. And the current world order is based on the twin concepts of nation
states and citizenship.
Indian national movement in a similar fashion mobilized the masses for a peaceful fight against the
British. It gave birth to a new political consciousness among Indian masses
The uneducated and illiterate masses of India got their political education from participation in the
national movement.
The national movement started a process of nation in the making which is crucial in the formation of
the nation state of India today.
It mobilized women and depressed classes to fight for their rights giving them a new outlook and
mobility.
The moblization of masses during national movement is crucial in adopting a democratic form of
government and socialist pattern of society.
Its impact on constitution
Republicanism
As an ideal political system where every man has the equal opportunity to become head of state
emerged from the ideal of purna swaraj formulated during national movement.
Welfare orientation
Indian national movement apart from the promise of political freedom at its back also contained a
promise of socio economic welfare which gave birth to the conception of directive principles.
Freedom/ civil liberties
The fight for civil liberties against the alien rule gave impetus to formulated code of fundamental rights
and principled limitations to them. This can be seen from the similarity between Nehru report rights
and fundamental rights.

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Federalism
The conception of Indian nationhood was never seen in unitary terms during the national movement
which lead adoption of a polity which respects diversity.
Thus the Indian national movement is a very significant event in the march of mankind to freedom and
can take a place beside great events like French revolution.

6. The economic model adopted by china in the post-revolutionary phase is a blundering attempt to
solve the problems in china. Elucidate. The reforms brought about by Deng Xioping in china and
P.V.Narsimha rao in India are similar in many respects though differing in some important ways.
Discuss.

Answer:
China a backward colonized country directly moved towards socialism. This attempt to establish socialism in a
backward country faced numerous challenges in its implementation.

Problems facing china post revolution

1. Agriculture
Was traditional unable to support the rising population of china.
2. Industry
Virtually non-existent except for a few pockets on the eastern coast.
3. External situation
Non recognition by the western world leading to break down of trade and commerce.
4. Internal problems
War ravages of the past 30 years lead to destruction of public infrastructure.
Blundering attempts
1. Five year plan 1953
With the help of USSR resources and technology. Plan to develop heavy industry and collective farms.
2. Great leap forward
Failure of planning to deliver welfare lead to this program of small scale industrialisation and formation
of agricultural communes. But these reforms failed to deliver because of the great famine.
3. Modernisation of Deng Xioping post 1978
Where market lead reforms to solve the problems of china lead to tremendous growth of GDP and rise in
the living standards of people.

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LPG reforms
In need
The economic performance of the People's Republic of China was poor in comparison with other East Asian
countries. The attempts at planning and great leap forward failed. The economy was riddled with huge
inefficiencies and mal investments, and with Mao's death, the Communist Party of China (CPC) leadership
turned to market-oriented reforms to salvage the failing economy.
India started having balance of payments problems since 1985, and by the end of 1990, the state of India was in
a serious economic crisis. The government was close to default, its central bank had refused new credit and
foreign exchange reserves had reduced to the point that India could barely finance three weeks’ worth of
imports. In return for an IMF bailout, gold was transferred to London as collateral, the rupee devalued and
economic reforms were forced upon India.

In content
Economic reforms introducing market principles began in 1978 and were carried out in two stages. The first
stage, in the late 1970s and early 1980s, involved the de-collectivization of agriculture, the opening up of the
country to foreign investment, and permission for entrepreneurs to start businesses. The second stage of
reform, in the late 1980s and 1990s, involved the privatization and contracting out of much state-owned
industry and the lifting of price controls, protectionist policies, and regulations, although state monopolies in
sectors such as banking and petroleum remained.
The reforms did away with the Licence Raj, reduced tariffs and interest rates and ended many public
monopolies, allowing automatic approval of foreign direct investment in many sectors. But in sectors where
government played crucial role in public welfare like banking agriculture and worker rights no painful reforms
were taken. Thus India adopted a two speed system of economic reforms.

In consequences
From 1978 until 2013, unprecedented growth occurred, with the economy increasing by 9.5% a year in china
particularly lead by growth of manufacturing sector. China became the factory of the world in the next 30 years.
But the protest for political rights were suppressed with brutal force (Tianenmen square).
In post reforms India Annual growth in GDP per capita has accelerated from just 1¼ per cent in the three
decades after Independence to 7½ per cent currently, a rate of growth that will double average income in a
decade. But the issues of rising inequality pose as a threat to the market lead reforms.
Thus the Chinese and Indian attempts to transition from socialism to capitalism though similar in many respects
have some crucial differences.

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