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INSIGHTS IAS MAINS TEST SERIES 2018
INSIGHTS IAS MAINS TEST SERIES-2018
TEST 23-Synopsis
1. Dissent is the Safety Valve of democracy. Analyse in the light of recent Supreme Court
judgement (10Marks,150 Words)
Answer:
An interesting remark came from the Supreme Court addressing the quick arrest of academicians,
human right activists, journalists and thinkers by the Maharashtra police in connection with the
Bhima-Koregaon violence, that, Dissent is a safety valve for democracy, If this safety valve is
not allowed to function then the pressure cooker will burst.
Meaning of Dissent and its very presence:
 Dissent means “a strong difference of opinion on a particular subject, especially about an official
suggestion or plan or a popular belief”.
 Disagreeing with each other is a fundamental human trait. There is not a single individual who
does not disagree with something or the other all the time.
 Non-violence, a principle which is so integral to the unique Indian practices of dissent from
ancient times to Gandhi and Ambedkar.
 Also Buddha and Mahavira were dissenters first and philosophers next. Ramayana and
Mahabharata are filled with stories of dissent.
 The Right to Dissent is an important addition of expressing one’s view, and on many of its most
important constituent elements.
 It will enable practitioners and citizens to claim their rights and participate more effectively in
the project of democracy.
Dissent is the safety valve of democracy: Supreme Court:
Recently, while hearing a petition on the ban of protest on the Jantar Mantar in New Delhi, the
SC held that
 Right to peaceful protest is the fundamental right guaranteed under the constitution.
 The constitution under Article 19(1)(a) provides for freedom of speech and expression and also
under Article 19(2) provides for reasonable restrictions on such freedom i.e., right is subject to
reasonable restrictions in the interest of sovereignty and integrity of India, as well as public order.
 A distinguishing feature of any democracy is the space offered for legitimate dissent, which
cannot be trampled by any executive action.
 Every individual or a group of individuals, whether they are minority or poor or
marginalised, have the right to express their dissent to the government policies and fight
their social circumstances.
 Protest strengthen representative democracy by enabling direct participation in public
affairs where individuals and groups are able to.
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Additively, Right to Dissent is also promoted by International Institutions. Article 7 of the

Declaration on Human Rights Defenders explicitly recognises that ‘Everyone has the right,
individually and in association with others, to develop and discuss new human rights ideas and principles
and to advocate their acceptance’
Similar acceptance by Supreme Court in its recent judgement has reiterated its stance on dissent and has
been a guiding light to the State and public to have tolerance and acceptance towards dissent. Social
dissent is a necessary voice. Indeed, dissent is the quintessential part of democracy and allows people
to have their opinions and to voice those without fear of intimidation especially for all those who are
oppressed and are marginalised for various reasons. This is the only thing they have in a world which has
denied them the basic dignity of a social life.
Thus, when we hear the voices of dissent from the oppressed and the marginalised, it is ethically
incumbent upon those who are better off than them to give them greater space and greater freedom
to dissent.
This unique guide of Protests provides activists, human rights defenders, jurists, NGOs, corporate
actors, and government authorities with the tools and knowledge necessary to ensure rights, protect the
lives and liberty of dissenters, enable meaningful participation in public life, and promote the rule of
law.
2. Move of Supreme Court to penalise frivolous government litigation is a reminder for

paraxial implementation of Objectives of National Litigation Policy as well as
assessment of the need for the new litigation policy. Comment. (10Marks,150 Words)
Answer:
National Litigation Policy is formulated by the ministry of law and justice of the government of India to
ensure responsible filing of litigations by government agencies.
Issues with excessive and irresponsible Government Litigation:
1. Government is the reason for huge judicial backlog as government litigation constitutes nearly half
of all litigations. Thus affecting Justice delivery system in India- Present more than 3crore cases pending
in different courts in different courts of India.
2. Supreme Court has been criticising that government is being insensitive and mechanical in
pursuing litigation. – In more than 90% cases filed, government fails to prove the argument. Thus
wastage of resources of the government as well as judiciary.
3. Many of the litigations are suing government departments against each other. This would make judiciary
the decision maker to solve disharmony between departments and such judicial intervention would
consequently lead to Judicial Activism.
In this regard, the government has formulated National Litigation Policy in 2010 to efficient and
responsible litigations from government.
Some of the Provisions of National Litigation Policy 2010:

Policy defines efficient litigant in the following way:
• Focuses on core issues associated with litigation and meeting them

• Managing as well as conducting litigation in a timely, coordinated way
• Litigation does not have to be won at any consequence
 Responsible Litigant was defined as one who does not litigate just for the sake of it and does not
make false pleas or technical points. The facts should also be correctly presented and no attempt
will be made to mislead courts or tribunals
 Government must aim at not being a compulsive litigant who leaves everything to the court.
 Government should reduce litigation in courts as precious court time can then be used for
resolution of other pending cases; Goal of the National Litigation Policy is to reduce pendency
time
 Prioritisation in litigation must be attained with emphasis on welfare legislation, social reforms
and helping weaker sections of society as well as senior citizens
 Tribunalisation is for removing loads from the Courts; challenge to orders of Tribunals should be
avoided
But the Policy has failed to bring positive outcomes:

1. The policy has remained a theoretical and ambiguous document as it contained no
objective measurable outcomes
2. Policy has neither defined “suitable Action” nor prescribed any method to conduct
any disciplinary proceddings
3. Ambiguity in the role of and powers of Empowered committees at the national
and regional levels to implement policy has resulted in opaqueness in their
functioning.
4. Policy lacks any form of impact assessment to evaluate actual impact on reducing
government litigation in India
5. The policy was framed with no baseline data on the government litigation
6. Policy contains no provision for out of court settlement of cases. Only option left for
the government departments, PSUs and government bodies is to approach courts for
grievance redressal.
In this regard, a new Litigation Policy is needed and it should have certain features:
 It must has have clear objectives to be addressed

 The role of different functionaries has to be properly enumerated
 The consequences for the violation of policy must be provided
 The Periodic assessment of policy must be inherently mentioned.
3. Not just the codification of Privileges for legislature is needed but also the code of
conduct. Comment (10Marks,150 Words)
Answer:
Concept of Privileges emerged in England as Parliament started to protect itself from excesses by the
monarch.
o It established several rights and privileges including the freedom of members of Parliament
to freely speak and vote in Parliament (including its committees).
o Provisions with respect to Parliamentary privileges are enshrined in Article 105 (for
Parliament) and Article 194(for State legislature) in our Constitution.
Issues with Parliamentary Privileges:

1. It enables members to carry out their constitutional functions of legislating and debating in free
and fair manner without any obstruction from outside. But articles 105 and article 194 leave a
room for large number of uncodified privileges to continue.
2. Some of the privileges enjoyed by the members have been laid down in the statute but they have
not been ‘codified’ or enacted into law.
3. 44th Constitutional amendment only provides that such privileges will be same as they were at
the time of constitution coming into force. Hence there is a scope for misuse.
Need for Codification of Privileges:
 Misuse of the privilege to punish for “Contempt of House’ is observed often. For instance, The
Karnataka Legislative Assembly has found two journalists guilty of breach of its privilege and
sentenced them to jail, Actors Anupam Kher, activist Shobha De were issued notice to serve the
contempt of house.
 The Privilege that ‘actions of members within four walls of the parliament or legislature
cannot be called into question in any court of law’, may, let a member fall into disruptive
techniques and hate speech and hence disrespecting parliament.
 These Privileges can hamper ‘Checks and Balance’ as Judiciary fails to check the violation of
law by members within the house. For instance, members bribing for votes
 Also, article 105(3) and 194(3) states that Parliament and respective State Legislatures will enact
such laws from time to time
Issues that could arise in codification:
 Since the nature of Parliamentary proceedings and work is dynamic, codifying privileges may
restrict parliamentary freedom
 Article 122 may be violated which puts restrictions on Judiciary to check the validity of the
proceedings of the parliament.
The very essence of privileges to MPs and MLAs to create a credible and efficacious legislature has
not been fruitful which is very evident from that frequent adjournments, very less working days,
disruptions within assemblies, People losing faith in political proceedings and institutions.
The Vice-President of India expressing his displeasure over functioning of Parliament, highlighted
the need for Codification of Conduct for both inside the legislature as well as outside.
Reforms needed to ensure good Conduct and which are to be codified:
1. If a member desires to change party, he must do so by resigning from the membership of the
House. The anti-defection laws should be implemented in letter and spirit expeditiously, within
three months.
2. Election petitions and criminal cases against political leaders should be disposed of within a
certain time frame and, if necessary, special benches of the Supreme Court and high courts should
be formed for the matter.
3. To have a National policy on having an Upper House in the states
4. Media, an invaluable partner in strengthening democratic culture, has to focus more on the
constructive contribution made by members of the House rather than giving importance to their
disruptive activities.
4. In the light of Mihir Shah Committee recommendations, discuss the changes needed in
Central Water Commission (CWC) and Central Ground Water Board for effective water
management. (10Marks, 150 Words)
Answer:
Below grim view necessitates an overhaul in water management.

 India has only about 4 per cent of the world’s renewable water resources but is home to nearly 18
per cent of the world’s population.
 Per capita annual water availability reduced from 1816 cubic metre in 2001 to 1544 cubic metre
in 2011.
 Despite spending more than Rs400,000 Crore on major and medium dam projects in India, we
have a recurring and intensifying crisis of water. Trillions of litres of water stored in our dams is
not reaching the farmers.
 In 2016, a situation of drought or semi scarcity was reported in over 1000 villages
 Groundwater caters to around 60 per cent of agriculture in India, while 80 per cent of the people
living in rural areas use groundwater for their domestic needs. Nearly half of India’s farm lands
are un-irrigated and groundwater is the major source of water for irrigated holdings.
Present Institutional Setup for water management:

Under Indian Constitution, the subject “water” is in the state list. However, the Centre has
the mandate to resolve conflicts over use of inter-state rivers. Water governance is fragmented
which leads to inconsistent water policy between the Union and states
At present, water is being managed under two separate heads - surface water and groundwater.
The CWC is responsible for coordinating with states for the implementation of schemes for the
conservation and utilisation of surface water resources.
The CGWB is responsible for assessment of ground water resources and implementation of
policies for its sustainable management.
But, the two heads are interdependent and hence there is a need in institutional reforms too.
Reforms needed:
Mihir shah committee recommended that,
 The CWC and CGWB should be restructured and unified to form a new National Water
Commission (NWC).
 The unified body will help in the collective management of ground and surface water.
 The NWC will be responsible for water policy, data and governance in the country.
 It should be an adjunct office of the Ministry of Water Resources and function with full autonomy.
 Rejuvenation of rivers: River basins in the country are under represented by the offices of the
CWC and CGWB. The proposed NWC should have offices at regional levels to cover all river basins
in the country. These offices should ensure surface and ground water interdisciplinary expertise
for river basin management.
 Participatory ground water management: Ground water needs to be recognised as a common
pool resource and its continuous, unchecked extraction needs to be stopped. Corrective measures
such as establishing required drilling depth, distance between wells, cropping pattern that does
not require over-withdrawal of the resource should be adopted.
 Irrigation Management Transfer (IMT): States should only be involved in the development
of irrigation structures, such as main systems up to secondary canals. Irrigation structures from
the level of tertiary canals and below should be the responsibility of Water Users Association of
farmers. IMT will improve equitable access to water by all farmers and result in 20% savings in
water use.
The key functions of the NWC will include:

(i) Incentivise state governments to implement irrigation projects in reform mode
(ii) lead the national aquifer mapping and ground water management program
(iii) Develop a location-specific program for rejuvenation of rivers, etc.
The Committee proposed that the NWC should have eight divisions. They would help in targeting
the projects:
 Irrigation Reform Division: This division will assist states to focus on irrigation projects and
improve water management.
 River Rejuvenation Division: This division will help participatory institutions at various levels
to implement region-specific programs for rejuvenation of rivers.
 Aquifer Mapping and Participatory Ground Water Management Division: This division will
lead the National Aquifer Management Programme for mapping and management of aquifer
systems in the country. To facilitate its implementation, it will build relationships with state
ground water departments, research institutions, etc. It will also assess and estimate ground
water resources at the national level.
 Water Security Division: This division will devise policies and programs to tackle challenges
related to water security. These include: (i) ensuring the right to water for life, and (ii)
protecting the agrarian economy from the impact of floods and droughts.
 Urban and Industrial Water Division: This division will help devise cost-effective and
appropriate technology to recycle and reuse urban and industrial waste water. It will also
map aquifers in urban India and develop strategies for sustainable ground water management in
cities.
 Water Quality Division: This division will develop and implement programs to control
pollution of water bodies and aquifers.
 Water Data Management and Transparency Division: This division will create and maintain a
transparent and accessible system of data management on water for public use.
 Knowledge Management and Capacity Building Division: This division will be responsible for
development of institutions for capacity building of water professionals in water and land
management.
Advantages of NWC:
1. Water planning and development in the country can be done by using river basins as the
hydrological unit rather than based on administrative boundaries.
This will minimize conflicts between states and promote cooperative federalism.
2. Shift of focus from construction to decentralized management and maintenance

3. NWC aims at holistic water management rather than in separate heads
Apprehensions with NWC:

 It could also be Susceptible to bureaucratic inefficiencies of large organisations.
 Participation of states is not obligatory in such a centralized agency, voices of the states may go
unheard.
Considering the NITI aayog’s report that, if the trend of water usage continues without proper checks and
management, by 2030, the country's water demand would to be twice the available supply. In this regard,
paraxial implementation of Mihir Shah Committee’s recommendation would bring in a overhaul in
effective water management
5. Discuss the role of judiciary and legislature in narrowing down the ambit of draconian
Sedition Law and setting higher threshold for prosecution under sedition Law
(10Marks,150 Words)
Answer:
Dissent is the lifeblood of democracy. But today when the stench of fascism looms large, exercising
this constitutional right can get one branded as anti-national, thrown behind bars or a lynch mob
waiting outside to teach you a lesson. A law that has especially come in handy for the self-
proclaimed nationalists of our times to suppress dissent is the archaic colonial era sedition
law.
The sedition law was incorporated into the Indian Penal Code (IPC) in 1870 as fears of a
possible uprising plagued the colonial authorities. Most of this penal code was retained intact after
1947.
Sedition Meaning:
Section 124A of IPC defines Sedition as
 Whoever by words either spoken or written or by signs or by visible representation or

otherwise brings or attempts to bring into hatred or contempt, the government established by
law; or
 Whoever by the above means excites or attempts to excite disaffection towards the
government established by law, has committed the offence of sedition.
The Draconian Sedition Law:

Section 124A only serve to give a legal veneer to the regime’s persecution of voices and
movements against oppression by casting them as anti-national.
 Figures of the National Crime Records Bureau reveal that in the two years preceding
the JNU case, there were a total of 77 sedition cases.
 Beyond the high-profile urban cases, the reach of Section 124-A has extended even
to faraway places. An entire village in Kudankulam, Tamil Nadu had sedition cases
slapped against it for resisting a nuclear power project. Adivasis of Jharkhand,
resisting displacement, topped the list of those slapped with sedition in 2014.
 The recent sedition charge against cricketer-turned-politician Navjot Singh Sidhu
for hugging Pakistani Army chief Qamar Javed Bajwa during Prime Minister Imran
Khan’s oath-taking ceremony shows the extent to which sedition law has been
abused in India
 Sedition law has been used time and again to silence journalists, politicians,
intellectuals and social activists whose views are not conducive to that of the
ruling power.
Narrowing down the ambit of Sedition law not only protects the fundamental right to free speech
and citizens’ right to criticise the government but also prevent its massive abuse.
Role of Judiciary in narrowing down the ambit of Sedition Law:

1. In the Kedar Nath Singh v. State of Bihar case, the Supreme Court laid down a clear
meaning of what constituted sedition: if the comments, however strongly worded, do not
have the tendency to incite violence, they will not amount to sedition.
2. In the Balwant Singh v. State of Punjab case, the Supreme Court ruled that mere raising of
pro-Khalistan slogans, which evoked no response from the other members of the
community, would not attract the charges of sedition.
3. in the Bilal Ahmed Kaloo v. State of Andhra Pradesh case, the Supreme Court directed the
courts to exercise care in invoking charges of sedition, reminding them that graver the
nature of offence, higher the amount of care that needs to be exercised so the liberty of a
citizen is not interfered with.
4. In the Common Cause v. Union of India case, the Supreme Court said that authorities,
while dealing with the offences under Section 124A of the Indian Penal Code, will be
bound by the principles laid down in the Kedar Nath Singh v. State of Bihar case, and
sedition charges cannot be invoked for criticising the government.
Thus Judiciary through various judicial pronouncements made it clear that the
sedition law cannot be invoked for expressing a mere dissent with the government or
the views of those in power, and that an incitement to violence is necessary for booking
a person under sedition.
Role of Legislature in narrowing down the ambit of Sedition Law:

1. Word ‘Sedition’ itself was not favoured by fundamental rights sub-committee of
the Constituent Assembly for including the word sedition as a ground for restriction
on freedom of speech.
2. The intent of the drafters of our constitution should be taken into consideration by
the incumbent Legislature too for understanding the ambit of the sedition law
3. Constitutional morality also demands that the government is bound to respect
citizens’ right to freedom of speech and expression and Legislature should not
impose unreasonable restrictions upon them in the garb of punishing seditious
speech.
4. The phrases “attempts to bring into hatred or contempt” and “attempts to excite
disaffection” are to be removed and only that which results into actual breakdown
into violence is to be considered
5. The phrase “government established by law” should therefore be replaced by
the word “state” because the act of criticising the government is well within the
freedom of expression and right to dissent in a democracy
The Twenty-First Law Commission of India has in it working paper observed

that speaking against the government does not amount to sedition and people have a
right to express dissent and criticise the government. Compensation cannot be a
remedy against the illegalities committed by the state and its instrumentalities. A
higher threshold should, therefore, be set for prosecuting someone under the
sedition law so that citizens are not subject to harassment for merely expressing
dissent.
6. “New situations and issues have brought India and together”. In this context discuss the
developments Indo-South Korea relations in recent times. (10 Marks, 150 Words)
Answer:
India and South Korea have relations historically, based in Buddhism. India’s leading role in
Korean Crisis, which have transposed new areas like economy and strategic
New situations and issues which have brought them together:
 Transnational Policy of US under Trump has made it unreliable and South Korea is in
search of new partners.
 Rising China and its hegemonic initiatives in South China Sea has made Korea see as a
regional stabilizer.
 This perception was strengthened further with India’s strong reaction at Doklam.
 India as a regional player and as a major stakeholder in the peace process between North
Korea and South Korea
 Official Policies of both the countries have converged today: South Korea’s New
Southern Policy of which India is a main pillar and India’s Act East of which moving beyond
North East Asia is a lynchpin.
Recent initiatives of co-operation:
 During 2015 visit of PM of India Special Strategic Partnership was signed.

 PMO establishes Korean Plus desk to facilitate trade in 2015
 Recent visit of the head of Republic of Korea in 2018 led to signing of 11 MoUs.
Some important ones are:
 Tripartite deals – development deals in 3rd countries.
 Training programmes in Afghanistan.
 MoU on Railway design and Safety Research
 Early Harvest Project to focus on the best areas under Comprehensive Economic
Partnership Agreement signed in 2009
Concerns:
 India worried about trade deficit.

 South Korea is not satisfied with easing of doing business in India.
 Tourism has been abysmally low.
People, Prosperity and Peace which are parts of New Southern Policy of Republic of Korea
could be the guiding factors.
7. Recent move of providing Constitutional Status to NCBC has boosted the optimism to
end the problems of OBCs . Critically examine (10Marks,150 Words)
Answer:
With 123rd constitutional amendment bill the National Commission on Backward Classes
(NCBC) was granted constitutional status, at par with the National Commission for Scheduled
Castes (NCSC) and the National Commission for Scheduled Tribes.
National commission for backward classes :-

 The new National Commission for Backward Classes will be constituted under Article 338B
and will commence functioning as a constitutional authority, in the same manner as the
National Commission for Scheduled Castes under Article 338 and the National Commission for
Scheduled Tribes under Article 338A.
 Under the Constitution Amendment Bill, the duties of the NCBC will include:
 Investigating and monitoring how the safeguards provided to the backward classes under
the Constitution and other laws are being implemented
 Inquiring into specific complaints regarding violation of rights
 Advising and making recommendations on the socio-economic development of such
classes.
 The central and state governments will be required to consult with the NCBC on all major
policy matters affecting the socially and educationally backward classes.
 The NCBC will be required to present annual reports to the President on working of the
safeguards for backward classes. These reports will be tabled in Parliament, and in the state
legislative assemblies of the concerned states.
 Powers of civil court:-
 The new Commission will exercise the function of hearing the complaints/grievances of
socially and educationally backward classes. It will have the powers of a Civil Court for
this purpose. These powers include:
(i) Summoning people and examining them on oath,
(ii) Requiring production of any document or public record, and
(iii) Receiving evidence.
Vesting of above stated powers in NCBC seems to be an optimistic move to fight

atrocities against them and ensure quick justice to them.
1. The main shortcoming of the previous NCBC, according to the Union government, is that
it has no power “to hear the grievances” of the Backward Classes. This move will bring
Backward Classes in league with the SC/STs as victims of discrimination, exclusion and
violence.
2. Power of civil court will enhance the capability of the commission to directly address the
issues.
3. State bodies are given effective role to frame policies for betterment of Backward Classes.
However, there are apprehensions that mere constitutional status to NCBC would not
address all the problems of Backward Classes
 One reason for the apprehension is that the language of the newly introduced sections,
pertaining to specifying Backward Classes, is exactly the same as that used in Articles 341 and
342 in respect of Scheduled Castes and Scheduled Tribes.
 Supreme court judgment:
 A Constitution Bench judgment, in E.V. Chinnaiah vs. Andhra Pradesh, ruled in 2004 that
the President alone has the power to notify Scheduled Castes/Tribes, and when it comes
to varying the lists, the State legislatures do not have legislative competence.
 Applying the same yardstick to Backward Classes may mean that the President alone may
notify the list of BCs for every State, and that it cannot be varied except by a law enacted
by Parliament.
 The NCBC bill would undermine federalism, as it amounts to usurping the power of State
governments to prepare their own BC lists.
 Hereafter Parliament will determine who is a Backward Class for the ‘Central’ List. Since it
has no responsibility to define backwardness, it cannot address the current challenge
of well-off castes demands to be included as BCs.
8. What are the important functions of the Finance Commission? Critically examine if the
Terms of Reference violate the principles of fiscal federalism. (10Marks,150 Words)
Answer:
Article 280 of the constitution mandates President to constitute a Finance commission every fifth
year. The constitutional intent behind Finance commission is to uphold principle of Federalism in
financial matters.
Functions of finance commission –

1. To recommend a formula for distribution of Net proceeds of Central Taxes between Centre
and States
2. To recommend a formula for distribution of State’s share of Central Taxes among themselves.
3. To make recommendations regarding Grants-in -aid to States in need under Article 275.
4. To make recommendations on matters referred to it by the centre in the interests of Sound
Finance.
5. To make recommendations to States to augment their respective constitutional funds in the
interest of Local government resources.
Fiscal federalism:-
 Fiscal Federalism refers to the division of responsibilities with regards to public expenditure
and taxation between the different levels of the government.
 Having a Fiscal Federalism mechanism allows the government to optimize their costs on
economies of scale, because in this manner, people will get public service which they prefer,
and there will be no unnecessary expenditure.
 From the economic point of view also, having a federalized structure helps as it creates a
unified market.
Terms of reference of this (15th ) finance commission violate the principles of fiscal
federalism:-
 The foremost objective of the Finance Commission is an equitable distribution of financial
resources between the two units of the Union. The States in India today neither have the
resources to fulfil their tasks as laid down in the Constitution, nor do they have the
right to raise such resources due to the government policy and GST reduced states
independence even further.
 Using the population data of 2011 as the base for tax devolution should not reduce the
allocation of resources to States that have successfully reduced their rate of population
growth.
 These States have incurred huge fiscal costs in order to achieve a lower population
growth and healthy demographic indicators. They have made substantial investments on
education, health and directly on family welfare programmes.
 The current terms of reference go far beyond the constitutional mandate of the Finance
Commission.
 They intensify efforts to use the Finance Commission as an instrument of fiscal
consolidation and to impose the ideological and economic agenda of the Central
government on the States
 This aspect is criticised as it is not the task of a Finance Commission to recommend
road maps for fiscal management
 Revenue grants:-
 The terms of reference state that the Commission may also examine whether revenue
deficit grants be provided at all.
 Revenue deficits are offshoots of the path of development followed by States and cannot
be brought down in the short term.
 To discontinue post-tax devolution of revenue deficit grants would go against the
principle of cooperative federalism.
 Vertical devolution:-
 The terms of reference explicitly privilege the committed expenditures of the Centre.
 The Finance Commission should not take a residual approach to the question of vertical
devolution. The approach should not be that of distributing what is left over after
providing for the requirements of the Centre.
 The terms of reference are unprecedented in asking the 15th Finance Commission to
consider proposing performance-based incentives beyond those relating to fiscal
responsibility, population and devolution to local bodies.
 It is not the duty of the Finance Commission to venture into the realm of day-to-day
governance. The elected governments of States will decide what policies are appropriate
for people.
 Shortage of revenues to states:-
 14th finance commission has provided for 42% devolution however the Centre help with
respect to centrally sponsored schemes has been reduced.
However Finance commission have always strived towards fiscal federalism:-
 According to the Economic Survey Fourteenth Finance Commission recommendations will

enhance cooperative and competitive federalism.
 Will bring about greater fiscal federalism
 Will give greater autonomy to states on revenue and expenditure
 Considering the past efforts of Finance commissions in upholding fiscal federalism, it is apparent
that the intention of Terms of Reference ultimately uphold fiscal federalism
Conclusion:-
India’s great wealth rests in its diversity. To recognise this diversity is also to recognise that States will
follow diverse paths of development. The Finance Commission must facilitate diversity and a democratic
path of development by respecting principles of equity and fairness in allocating resources between the
Centre and States in India.
9. HEFA and RISE cater to overhauling the educational sector in India. Examine.
(10Marks,150 Words)
Answer:
Indian higher education system has been plagued with lack of funds with Government being the
sole financer of Higher education till now. This would further trickle down to other issues like lack of
quality infrastructure, absence of quality teachers, low expense on the research and development and
thereby reduced educational standards.
In this regard, Government created HEFA – Higher Education Financing Agency to cater the funding
requirements of educational institutes and recently introduced RISE (Revitalising Infrastructure and
Systems in Education), a new funding model for centrally run institutes
Higher Education Financial Agency (HEFA)-
HEFA will be a non-banking financial corporation in collaboration with Canara Bank.
The agency will be a special purpose vehicle (SPV) and work from a state-run bank, and is expected to
ease pressure on the government, which currently is the sole funder of such institutions.
 The SPV will be a quasi-sovereign agency, which will borrow funds at close to the 10-year
gilt rate, which is around 8% at present. It will lend to institutions at a slightly higher rate.
 HEFA will fund the infrastructure growth requirements of government higher educational
institutions and allow them to raise funds and repay them over a period of time from their
own income. HEFA will allow an institution to borrow 10 times its annual internal income.
 HEFA will finance institutions through a 10-year loan. The principal portion of the loan will be
repaid through the ‘internal accruals’ earned through fee receipts, research earnings, etc. The
central government will service the interest portion through the regular plan assistance.
HEFA would bring in a major reform in Educational sector because

 HEFA would give rise to the performance-based funding of the educational institutes.
 The move may mark the beginning of a market-linked fee structure in central
government-funded educational institutions, including the Indian Institutes of Technology
(IITs), National Institute of Technology (NITs) and central universities.
 HEFA will instill accountability in higher educational institutions as these institutions
would have to garner revenue to pay back. For charging more fees, you need to provide better
facility, better infrastructure, and for better infra, they need to borrow. The cycle will instill
accountability.
 All the centrally funded higher educational institutions would be eligible for joining as
members of the HEFA. For joining as members, an institution should agree to contribute
a specific amount from its internal accruals to an escrow account for a period of 10
years. Each member institution would be eligible for a credit limit as decided by HEFA, based
on the amount agreed to be escrowed from the internal accruals.
 The availability of long term loans at low interest loans to educational institutes would
reinvigorate them.
 HEFA would also mobilize corporate social responsibility funds from corporate entities,
which would in turn be released for promoting research and innovation in these institutions
on a grant basis.
RISE Scheme:
 Under RISE, all centrally-funded institutes (CFIs), including central universities, IITs,
IIMs, NITs and IISERs, can borrow from a Rs 1,00,000 crore corpus over the next four
years to expand and build new infrastructure.
 The initiative aims to step up investments in research and related infrastructure in
premier educational institutions, including health institutions.
 Higher Education Financing Agency (HEFA) would be suitably structured for funding
this initiative.
Thus HEFA and RISE together can bring in massive reforms in Education sector by addresses
a major issue of financial resource crunch which would further solve other issues.
10. The recent CLOUD ACT can solve the problems of Indian Law enforcement agencies in
accessing electronic data stored abroad. Examine (10Marks,150 Words)
Answer:
Networked technologies have changed the nature of crime and will continue to do so. Access to data
generated by digital technologies and on digital platforms is important in solving online and offline
crimes.
The data are often rendered inaccessible, largely due to two reasons.
1. Data is not stored locally and a significant amount of such data is stored predominantly under the
control of companies in the United States.
2. The current U.S. law prohibits service providers from disclosing user data to foreign law
enforcement agencies.
For Indian law enforcement to access metadata (location data or subscriber information), they
can send a request directly to the company.
However for access to content data, law enforcement must follow the MLAT (India-U.S. Mutual
Legal Assistance Treaty) process as a result of requirements under the Electronic Communications
Privacy Act (ECPA).
ECPA allows service providers to share metadata on request of foreign governments, but requires
a judicially issued warrant based on a finding of ‘probable cause’ for a service provider to share content
data.
This process has often been criticized by the Indian police for being time consuming, sometimes even
taking as long as three years, as well as being cumbersome and outdated.
CLOUD ACT:
In the backdrop of Microsoft Case, US came up with CLOUD Act which has following provisions:
● The CLOUD Act amends Title 18 of the United States Code and allows U.S. law enforcement
agencies to access data stored abroad by increasing the reach of the U.S. Stored
Communication Act, enabling access without requiring the specific cooperation of foreign
governments.
● Under this law, U.S. law enforcement agencies can seek or issue orders that compel companies to
provide data regardless of where the data is located as long as the data is under their
“possession, custody or control”.
● It further allows US communication service providers to intercept or provide the content of
communications in response to orders from foreign governments if the foreign government
has entered into an executive agreement with the US (upon approval by the Attorney General
and concurrence with the Secretary of State).
● The Act also absolves companies from criminal and civil liability when disclosing information in
good faith pursuant to an executive agreement between the US and a foreign country.
Such access would be reciprocal, with the US government having similar access rights to data stored in the
foreign country.
[Working of CLOUD ACT:

Consider a scenario where a crime is committed in India and the suspect and victim are both
Indian citizens and used a U.S.-based messaging service to plan the crime.
Before this Cloud Act, an Indian officer investigating would have to raise a request for data to the U.S.
government where it is stored.
But after Cloud act, investigating agencies may directly make a request for information from the
service providers in US provided US and Indian governments entered into a new bilateral agreement for
data sharing.]
India and the Cloud ACT:

Over the years, requests from Indian law enforcement to American service providers have been on
a steady rise.
For instance, India in the first half of 2017 requested data from Facebook 9,853 times, of which only
54.3% were met.
With the enactment of the CLOUD Act, an Indian officer for the purposes of an investigation will no longer
have to make a request to the U.S. government but can approach the company directly, and not MLAT
process.
However, for the current CLOUD ACT to operationalize, US has put a few conditions:
o The foreign country entering into bilateral treaty should have “robust substantive and
procedural protections for privacy and civil liberties in light of the data collection and
activities.
It is not clear if the Supreme Court’s recognition of the right to privacy would be
considered sufficient or if the Act would also require that India have in place
comprehensive data protection legislation.
o A country needs to ensure that its authorities collect, retain, use and share data as per an
established procedure.
o Indian laws must provide for electronic data requests to be reviewed by a court or other
independent authority.
As of now the above conditions are not met by India. Hence, a prior workaround is needed to imbibe the
benefits of Data Sharing through CLOUD ACT
Criticisms of CLOUD ACT:

1. Critics argue that it does not contain proper safeguards for consumer privacy - Discriminatory
application to foreign citizens living in the U.S., lack of notice provisions, and the omission of any
requirement to obtain a warrant.
2. Requires the foreign government to agree to compliance reviews, so that the U.S. government can
monitor implementation of the executive agreement. This could pose a sovereignty issue.
However, Country like India, where crime rate has increased by using social media as a platform, would
require access to such data from service providers who store data in US.
Hence through clear clauses in bilateral agreement, where privacy and sovereignty is not compromised,
New Delhi can push India-U.S. data sharing agreement to serve the interests of its law enforcement
agencies.
[Additional Info:
The European Union published the E-Evidence Directive and a Regulation that allows for a law
enforcement agency to obtain electronic evidence from service providers within 10 days of receiving a
request or 6 hours for emergency requests and request the preservation or production of data.
Production orders for content and transactional records can be issued only for certain serious crimes and
must be issued by a judge.]
11. In India the idea of Lateral entry into senior bureaucracy is not new. However there is
an apprehension that ‘lateral entry’ could be simply another name for the nefarious
Spoils System. Analyse in the recent move of Government opting for lateral entry at the
Joint-secretary level. (15Marks, 250 Words)
Answer:
Lateral entry is direct entry into high echelons of bureaucracy, bypassing normal course of
selection. Recently Government of India has proposed to hire domain expertise at Joint
Secretary level. Supposedly the earlier success of lateral entrants Manmohan Singh and Vijay
Kelkar has guided the present directive of government to make India bureaucracy more
accessible, transparent and efficient.
Rationality behind lateral entry :

1. In a 21st century economy, a quarter century after liberalization, the need for specialized
skills and knowledge to inform policy-making and administration is more important
than ever.
2. The first ARC had pointed out the need for specialization as far back as in 1965.
3. The Surinder Nath Committee and the Hota Committee followed suit in 2003 and 2004,
respectively, as did the second ARC.
4. While there is a higher chance of junior officers who have acquired specialized knowledge
and skills gaining much-prized Central government postings, there is no correlation
between the postings and their area of specialization. That correlation comes into
existence only at a late-career stage. Political interference and the use of transfers as carrot
and stick further complicate the picture, often making it difficult for bureaucrats to stay in a
posting long enough to gain relevant expertise. Thus the need for lateral entry.
5. Australia, Belgium, New Zealand, the UK, the Netherlands and the US identify specific
senior positions that are open to appointments from a wider pool of civil servants as well
as private-sector executives with relevant domain experience. Lateral entrants bring
their own work culture, and this enables renewal and adaptation in government
organisations.
6. Lateral entrants could also induce competition within the system. When civil servants are
made to compete with outside talent, the lethargic attitude will diminish. So the prospects
of lateral entry will always propel overall efficiency.
7. Civil servants should also be encouraged to move out and work for different sectors on a
short-term basis to enrich their knowledge and enhance their motivation and efficiency.
Therefore, lateral exit is as important as lateral entry.
Need for Lateral Entry:

1. Shortfall in numbers
There is an overall 20% shortfall of IAS cadre officers alone in 24 state cadres. The Baswan
Committee (2016) has shown how large states such as Bihar, Madhya Pradesh and Rajasthan
have a deficit of 75 to over 100 officers and their unwillingness to sponsor officers to go to the
Centre on deputation is understandable. Lateral induction is, therefore, a small step towards
essential housekeeping in central government staffing and ought to be supported.
2. Target oriented
Outside talent from the private sector is more likely to be target-oriented, which will improve the
performance of the government. Also, more competition will encourage career civil servants to
develop expertise in areas of their choice.
3. Improved governance
The conventional wisdom on lateral entry is that it infuses fresh energy and thinking into an
insular, complacent and often archaic bureaucracy. It enables the entry of right-minded
professionals and the adoption of best practices for improving governance.
However the need and benefits of lateral entry also poses a challenge of spoils system. In politics
and government, a spoils system (also known as a patronage system) is a practice in which a
political party, after winning an election, gives government civil service jobs to its supporters,
friends, and relatives as a reward for working toward victory, and as an incentive to keep working
for the party—as opposed to a merit system, where offices are awarded on the basis of some
measure of merit, independent of political activity.
Issues with lateral entry could be:
1. The proposal for lateral entry at senior decision-making levels, besides increasing the
disconnect between policymaking and implementation, will also result in inequitable
sharing of the benefits and burdens of government service, with permanent civil servants
left to bear the burden of “humble” implementation and lateral entrants getting access to
“glamorous” policymaking positions, without having roughed it out in remote and rural
India in the rough and tumble of Indian democracy.
2. While there would certainly be a beeline for lateral entrants to join top policymaking
positions, there would be no such great desire to serve the country at the ground level.
3. Deters the available talent: The best talent can be attracted only if there is reasonable
assurance of reaching top level managerial positions. This is true for government service as
much as the private sector. Any dilution of the potential horizon for growth would
discourage competent and motivated people.
4. By suggesting a contract-based system for positions of joint secretary and above, the
signal would be sent out that only mid-career positions would be within reach in
about 15-18 years of service and there would be considerable uncertainty about
career progression thereafter. Coupled with unattractive salary scales and non-
entitlement to defined pension since 2004, this would become a potent trinity to deter
talented persons from aspiring to civil service careers.
5. Discontent among the government personnel and difficulty in assessing performance
6. Bureaucratic resistance and institutional inertia of the civil services
7. The present system of ‘frequent and arbitrary transfers’ hinder gaining of the relevant
experience by incumbent officers
Though entry into India’s civil services is highly competitive, perverse incentives, lack of
specialisation and political interference have eroded their effectiveness. It is thus imperative to
revamp the Civil Services.
A good managerial system encourages and nurtures talent from within instead of seeking to
induct leadership from outside. Any failure in this matter is primarily a failure of the system to
identify and nurture talent at the appropriate stage. Though short term solution could be a short
term solution, in a longer run ,the remedy lies not through lateral induction but through more
rigorous performance appraisal and improved personnel management.
1) Fast-track promotions for promising young bureaucrats
The lack of incentives for India’s bureaucrats, monetary and in terms of career progression, is a
major reason they are averse to disruptive ideas. Unfortunately, for many officers, especially lower
down the rung, promotion is mainly decided by seniority rather than performance
2) Offer performance-based incentives tied to district-level outcomes
Recent research shows an IAS officer can exercise significant influence on their district’s social and
economic outcomes. This offers an opportunity to design incentives for bureaucrats that are
linked to their district’s annual development indicators. Such incentives would tie-in well with the
Modi government’s new “360 degree” performance appraisal mechanism for senior bureaucrats,
whereby officers are graded based on comprehensive feedback from their superiors, juniors and
external stakeholders.
3) Set up public administration universities for aspiring and serving civil servants
The government should establish academic centres of excellence, similar to the Indian Institute of
Technology or the Indian Institute of Management for public administration
4) make bureaucratic decision-making less top-down and more transparent

The British designed the Indian Civil Service with the primary aim of maintaining law and order
and pursuing state-led development while remaining insulated from the needs of the masses.
India must transition away from this obsolete top-down approach by increasing transparency in
decision-making, appointments and transfers across the civil services. The goal must be to create
an outward-facing IAS whose administrative decisions are open to the public for information and
consultation.
Conclusion
India’s civil services need reform. There is little argument about this. Internal reforms—such as
insulation from political pressure and career paths linked to specialization—and external reforms
such as lateral entry are complementary, addressing the same deficiencies from different angles.
In order to bring in the reforms, there are some supporting conditions that are necessary: First,
political commitment for the reforms is essential. Second, the involvement of Civil servants in the
change process from the very beginning can accelerate the process.
12. Improving corporate governance has been a crucial item on the government’s agenda.
Discuss the challenges in India’s Corporate Governance and also the recent changes in
corporate governance to improve transparency and accountability. (15Marks, 250
Words)
Answer:
Corporate governance is the system of rules, practices and processes by which a firm is
directed and controlled. Corporate governance essentially involves balancing the interests of
a company's many stakeholders, such as shareholders, management, customers, suppliers,
financiers, government and the community. Improving corporate governance has been a crucial
item on the government’s agenda.
Below are few issues affecting corporate governance practices in India.
● Board is appointed by word of mouth and clan culture is being observed. Thus the interests
of minority shareholders might not be upheld.
● No objectives laid out and criteria fixed for Performance Evaluation of Directors
● Appointment of Promoters has put a setback to True Independence of Directors
● Removal of Independent Directors By promoter when Independent Directors do not stand
by them.
● Lack of enforcement of Accountability to Stakeholders
● Remuneration policies not transparent and don’t require shareholders' approval.
● Founders' Control and Succession Planning - irrespective of their legal position, continue
to exercise significant influence over the key business decisions of companies and fail to
acknowledge the need for succession planning.
● Risk Management - board is only playing an oversight role on the affairs of a company.
● Privacy and Data Protection - No robust Privacy policy and incidents of data breach on a
rise.
● Board's Approach to CSR - last year, companies which failed to comply received notices
from the ministry of corporate affairs asking for reasons why they did not incur CSR spend
and in some cases questioning the reasons disclosed for not spending
The Kotak committee report on Corporate governance and has recommended strengthening the
Board, the Auditor and the regulator.
Committee Recommendations:
Board:
1. A listed company should have a minimum of six directors, at least one independent
woman director, and a minimum 50% of the directors should be non-executive.
2. Separation of roles of chairperson and managing director, and the chairperson should
be a non-executive director.
3. For government companies, that the board have final say on the appointment of
independent directors and not nodal authority. This would set the Board right
Independent Directors :
1. Strength of independent directors should be increased from 33% to 50% of the board to
protect small investors.
2. Presence of independent director has to be mandatory for Board’s meeting.
3. Listed companies should have to give detailed reasons if an independent director resigns.
Minimum number of board meetings:
These boards shall meet at least 4-5 times a year, with a maximum time gap of one hundred
and twenty days between any two meetings and at least once a year.
Audit:
1. An audit committee will have to look into the utilization of funds infused by a listed entity into
unlisted subsidiaries, including foreign subsidiaries
Regulator:
1. SEBI should have the power to act against auditors if needed.
The government has taken several steps to lift governance standards in India:
● In January 2017, SEBI, released a 'Guidance Note on Board Evaluation' , laying down the
means to identify objectives, different criteria and method of evaluation of Independent
Directors.
● Enhanced responsibilities for the Board and its committees like the Audit Committee and
Nomination and Remuneration Committee
● Enhanced disclosures to stakeholders - Executive Remuneration.
● Appointment and Removal of Independent Directors - introduced comprehensive definition
of independent directors, defined the role of audit committee. SEBI's International Advisory
Board proposed an increase in transparency with regard to appointment and removal of
directors.
● Stricter norms for ensuring independence and accountability of auditors and greater level of
investor protection.
● The Indian Accounting Standards (IndAS) have also been notified in February 2015, though
presently on hold , are expected to contribute to improved corporate governance.
● The number of activities under Corporate Social Responsibility has also been expanded.
● Companies Act, 2013 has been amended to do away with mandatory requirement of
minimum paid up capital for companies, common seal for companies and the requirement
of filing declaration of commencement of business with a view to facilitate doing business
using company as a vehicle.
● Incorporation process for a company has been simplified through the introduction of an
integrated e-form INC-29.
● Implementing the Insolvency and Bankruptcy Code (IBC)
For achieving desired results, it is important that regulatory measures are modelled based on the
practices of business environment in India. To state the obvious, this should be coupled with the
board and the promoters' embracing such reforms – in form and spirit.
13. Meghalaya has been an example for other states emphasising Social Audit Law to be the
need of the hour. In this regard, analyse the role of Social Audit in effective
implementation of Social sector programs and discuss its limitations. (15Marks, 250
Words)
Answer:
Social audit refers to the steps that are taken to ensure that the work done by the government is actually
benefiting the people whom it is intended to benefit. It involves the community participation at the local
level.
eg: Auditing the distribution of food grains under National Food security act.
Considering the increased devolvement of funds to the local government in the recent days,
The demand for social audit is increasing.
Meghalaya became the first state in India to operationalise a law that makes social audit of
government programmes and schemes a part of government practice. This Act mandated social audits
across 21 schemes and 11 departments.
The Meghalaya exercise demonstrated how social audits can be developed as an ongoing process
through which citizens participate in the planning, implementation and monitoring of the programme.
Similarly various state governments such as Rajasthan and Andhra Pradesh have incorporated
social audit in partnership with NGOs as part of monitoring systems of village panchayats. However, a
law from state government itself can act as an imposer rather than just leaving it to the discretion.
Role of social audit in effective implementation of social sector programs.
 It will make it easier to correct course as the scheme is rolling along as the audit is not after all the
money has been spent.
 It gives people a direct say in how money will be spent and fills an information gap for officers as
they are directly in touch with the ground. This improves the standard of governance.
 Accurate identification of the projects and prioritization of developmental activities as per
requirements.
 Proper utilization of funds and minimising the leakages, thereby reduction in corruption. Hence
increases transparency and accountability.
 The ground level feedback can be used to improvise the functioning of the scheme, thereby
improving the quality of service.
 Involvement of people in developmental activities ensures that money is spent where it is actually
needed. This also increases awareness among people. It promotes integrity and a sense of
community participation among people.
Challenges of social audit:
 Lack of expertise in social audit.

 Training methods are not well structured and reports prepared are not well prepared.
 Poor quality of information available.
 No follow up the progress made by members involved including gram panchayat members .
 Absence of timely meetings.
 Lack of awareness and understanding among people even after decades of it being implemented.
 Participation is restricted largely to few stakeholders- less participation of women, minorities etc.
Social audit is much more than just a tool of “good governance”. Knowing the reluctance of most
government establishments to share power or become accountable, this initiative is unlikely to spread or
become robust, unless driven by citizens groups.
Civil society needs to shape the social audit campaign, be a watchdog, and staunchly protect the
independence of the process. Social audits must become part of the demand for effective legislation for
the whole country.
14. Recent Initiative of Skill India to bring in a course on Geriatric Care resonates the need
to address the demographic time bomb as well as increase the pool of skilled youth. In
this regard, analyse the reachability of benefits of major welfare schemes for elderly in
India. (15Marks, 250 Words)
Answer:
According to 2011 Census, India has nearly 104 million elderly persons. Elderly population has
increased by about 35% from 2001 to 2011. The United Nations Population Fund report states that
the number of elderly people in India will triple by
2050. The population above 60 years and 80 years will grow by 326% and 700% respectively.
On the other hand, India has one of the youngest populations in an aging world and by
2020, the median age in India will be just 28. The benefit of a demographic dividend depends on
whether the bulge in working population can be trained, and enough jobs created.
Considering the above situations that India would be facing in the coming days, it is wise if the
challenges are considered as opportunities. In this regard, the initiative of Skill India to launch a
certificate course on geriatric care at the National Skill Development Centre (NSDC), Guwahati is the right
move in skilling the unemployed in the geriatric care sector.
Skilling on geriatric medicine, nursing, social development, physiotherapy will widen the job pool
and employment opportunities.
Elderly care emphasizes the social and personal requirements of senior citizens who need
some assistance with daily activities and health care, but who desire to age with dignity. To ensure
proper geriatric care, design of housing, services, activities, employee training and such should be truly
customer-centred (elderly people).
Geriatric care in India:

 Article 41 of the Indian Constitution states that elderly citizens will be guaranteed Social Security
support for health care and welfare
 A section of the 1973 Criminal Procedure Code, alluding to its traditional background,
mandates that children support their parents if they no longer can themselves
 Article 47 of the constitution of India provides that the state shall regard the raising of the level of
nutrition and the standard of living of its people and improvement of public health as among its
primary duties.
 Hemanand Biswal committee in 2014 itself has suggested expansion of geriatric health care,
old age homes, insurance schemes, tax , increase retirement age to 65years etc.
Major Welfare measures for elderly in India :

 National Policy for Older Persons (NPOP) 1999
Envisages State support to ensure financial and food security, health care, shelter and other
needs of older persons, equitable share in development, protection against abuse and exploitation,
and availability of services to improve the quality of their lives. The policy also covers issues like
social security, intergenerational bonding, family as the primary caretaker, role of Non-
Governmental Organizations, training of manpower, research and training.
 National Council for Older Persons (NCOP)

To advise the Central and State Governments on the entire gamut of issues related to the
welfare of senior citizens and enhancement of their quality of life
 Central Sector Scheme of Integrated Programme for Older Persons (IPOP):

To improve the quality of life of the Senior Citizens by providing basic amenities like
shelter, food, medical care and entertainment opportunities and by encouraging productive and active
ageing through providing support for capacity building of State/ UT Governments/Non-Governmental
Organizations (NGOs)/Panchayati Raj Institutions (PRIs) / local bodies and the community at large.
 National Old Age Pension (NOAP) Scheme

Central assistance in form of Pension is given to persons, above 65 years @ Rs. 200/- per
month, belonging to a below poverty line family. This pension amount is meant to be
supplemented by at least same contribution by the States so that each applicant gets at least Rs.
400/- per month as pension.
 National Programme for Health Care of Elderly (NPHCE) implemented by Ministry of Health
and Family Welfare from 2011 under National Rural Health Mission
 National Policy on Senior Citizens 2011

Focused on various aspects related to old age like Income security, healthcare, safety
security, housing, productive aging, welfare, multigenerational bonding
It also reconstituted and renamed National Council for Older persons as National Council
for Senior Citizens
 Old Age Homes and Day Care Centres
Recent initiatives for the welfare of elderly in India include Pradhan Mantri Vaya vandana yojana ,
Vayoshreshta Samman, International Day for older Persons etc
Budget 2018 – Provisions for elderly persons

 Tax exemption limit on interest income from savings bank deposits and post office
schemes is raised and also covers interest income from fixed deposits and recurring
deposits
 Increase in investment limit of the Pradhan Mantri Vaya vandana yojana
 Assured return of 8% for 10 years in the LIC scheme
 Exemption on medical expenditure for specific critical illness
Inspite of numerous schemes and measures brought for the elderly by the government, the success of
their implementation is poor due to the following reasons:
 Low Level of Awareness: According to UNFPA, only 70% are aware of schemes and
only 18% are utilizing these schemes
 These schemes are not considered to be economical as the returns on these
schemes are low.
 Lack of gender component in the schemes. Hence the women remain more
vulnerable
 Lack of personnel trained in geriatric care . In this regard, It is the right move of
Skill India to improve human resources.
For welfare schemes to be beneficial, along with will and skilled human resource, it is important to
ensure transparency and accountability. Solution lies at greater e-Governance initiatives(DBT,
Pension schemes,Telemedicine) and easier public access to government services and alleviation of
societal problems.
15. Enumerate the objectives of National Health Policy. Discuss the reasons for slow pace
coverage of UIP and the subsequent steps taken to increase the same. Also discuss
critically the potential of Ayushman Bharat scheme in addressing systemic issues
plaguing India’s health sector. (15 Marks, 250 Words)
Answer:
Objectives of National Health Policy, 2017
● The broad principles of the Policy are centred on professionalism, integrity and ethics,
equity, affordability, universality, patient centred and quality of care, accountability and
pluralism.
● It aims to achieve universal access to good quality health care services without anyone
having to face financial hardship as a consequence.
● It intends on gradually increasing public health expenditure to 2.5% of the GDP.
● It proposes free drugs, free diagnostics and free emergency and essential healthcare services
in public hospitals.
● The policy advocates allocating two-thirds (of resources to primary care.
● It proposes two beds per 1,000 of the population to enable access within the first 60 minutes
after a traumatic injury.
● To reduce morbidity and preventable mortality of non-communicable diseases (NCDs) by

advocating pre-screening.
● It highlights AYUSH as a tool for effective prevention and therapy that is safe and cost-
effective. It proposes introducing Yoga in more schools and offices to promote good health.
● It also proposed reforming medical education.
● The policy also lists quantitative targets regarding life expectancy, mortality and reduction
of disease prevalence in line with the objectives of the policy.
The policy cannot succeed without the success of Universal immunisation Program. The reasons for
slow pace coverage of UIP and the subsequent steps taken on UIP.
● GEOGRAPHICAL - Hilly Areas and Isolated locations lacks of medical facilities hospitals and
staff.
● SOCIAL - Gender and caste disparity cause less immunization in girls child and lactating
mothers
● AWARENESS - Poor community participation, Parents' lack of awareness of the
immunisation benefits, schedules and locations Inconvenient timings of vaccination for
many people (during working hours), The perception that the programme was independent
of other healthcare initiatives.
● INSUFFICIENT FUNDS & INFRASTRUCTURE - Human resource gap, Lack of adequate health
infrastructure, Poor micro-planning, and immunisation sessions not being held regularly, in
the community
● MONITORING - Low capacity to supervise, monitor, and implement micro-plan and feedback
at district and health facility level, Lack of proper supervision and monitoring, and delay in
taking corrective measures in areas of concern at the government level
● OUTCOMES - Failure to assess the programme in terms of outcome, i.e.,
incidence/prevalence of the disease (the GoI monitors programme success by the number of
vaccine vials consumed)
● PARTNERSHIP - Tendency to work independent of private/other agencies resulting in either
duplication of effort or absence of services in some areas
● DATA - Records not maintained properly and reporting are other major areas and the
reported coverage is always much higher than the evaluated one.
● COORDINATION - General lack of inter-sectoral coordination and lack of coordination
between state and central governments, resulting in missed opportunities to improve
immunisation coverage and quality.
Steps taken to increase the pace:
● Mission Indradhanush launched to vaccinate the unvaccinated or partially vaccinated

mother and children.
● The hitherto excluded child labourer, street children, tribal children to be covered
comprehensively.
● Vaccine Management - National Cold Chain Management Information System - Web Based
real-time monitoring.
● Information, education and communication for awareness generation among People.
● Integrated approach focussing on safe water, sanitation, nutrition.
● Strengthening of healthcare infrastructure and personnel.
● Partnership with Private Sector for faster and last mile coverage.
● Hand holding Support to states lagging behind.
● Support from global organizations like GAVI, WHO and UNICEF for providing vaccine
supplies, better logistics and monitoring.
The country spends only 1.25% of its GDP on healthcare, which makes it one of the most
underperforming public health ecosystems. However, if the government manages to implement the
Ayushmann Bharat—National Health Protection Mission (AB-NHPM) effectively, it will have a
far-reaching impact on the country’s healthcare and insurance landscape, according to a report by
the Confederation of Indian Industry (CII) and PWC, released at the CII Health Insurance Summit in
Delhi.
Potential of AB-NHPM
● The scheme mandates the adoption of standardised guidelines for treatment which includes
improved consistency of care, curbing the tendency to overcharge patients.
● Increase in evidence-based treatment, and uniform billing across centres.
● About 1,350 treatments and surgical procedures have been identified for which package
rates will be fixed.
● AB-NHPM aims to generate repositories on hospitals, providers and other human resource
and the insurance sector will be assisted with the management of claim costs in case of
fraudulent claims.
● The data generated during the implementation of the scheme will help in designing better
and targeted health programmes in the future.
● The scheme also aims to better the Registry of Hospitals in Network of Insurance (ROHINI)
system through large-scale additions and registration of hospitals.
Challenges to AB-NHPM
● Enrollment of Ghost Beneficiaries

● Impersonation in convenience with cardholders and hospitals
● Conversion of OPD patients into IPD patient
● Deliberate Blocking of Higher higher priced package
● Treatment of disease which a hospital is not equipped for
● Doctors performing unnecessary procedures
● Hospitals charging fees even though its cashless scheme
Together the National Health Policy, UIP and Ayushman Bharath - Trinity has the potential to
revamp the healthcare system of the country to enhance the Human capital and achieve SDGs - 3 -
Ensure healthy lives and promote wellbeing for all at all ages.
16. Despite the greater picture of progress of Digital India Programme, India continues to
be relatively low at rank in the United Nation’s E-government Development Index. In
this regards, analyse the status of e-governance in India. Also analyse how e-governance
can alleviate Poverty in India. (15 Marks, 250 Words)
Answer:
Digital India might be the biggest push towards inclusive e-governance in India.The aim of
the Programme is to transform the country into a digitally empowered society and
knowledge economy.
Success of Digital India Programme so far:
 India does rank very high in one sub-index of UN E-Government Development Survey (EGDI).
It moved up 12 places in the E-Participation Index, from 27 in 2016 to 15 in 2018.
 India became second largest market of smartphones in the world. No. of internet users
increased to 50 crore as of May 2017. In June 2014, no. of internet users were 24.3 crore.
 Indian government is promoting content in local languages in internet.
 No. of e-governance transactions per day was increased.
 ‘DigiLocker‘, launched in 2015 enables citizens to securely store and share documents
electronically has 72.66 lakh registered users as of 2017.
 Bharat Interface for Money (BHIM) app, a simple UPI based mobile app for digital payments
was launched in december 2016. UPI-based transactions grew more than 20 times since then.
 BHIM Aadhar’ was started for digital payments at merchant outlets. With this, payer need not
have mobile phone to make digital payment.
 Digital payments training and awareness campaigns were conducted. 2.04 crore people
registered for this and were trained as of 2017.
 ‘UMANG’ app was launched to drive mobile governance in India.
 ‘Pradhan Mantri Gramin Digital Saksharta Abhiyan ‘(PMGDISHA) was started with the aim of
making 6 crore persons digitally literate. 82.7 lakh people are trained under this scheme as of
2016.
 Indian government has installed free public wifi hotspots at many public places.
 eNAM was setup to connect agriculture produce markets. 36.4 lakh farmers registered for this
as of 2017.
 Direct benefit transfers were increased.
 ‘National Knowledge Network‘, a revolutionary towards creating a knowledge society without
boundaries connected 1635 institutions as of 2017.
 ‘National Cyber Coordination Center‘ is operating from June 2017. It ensures cyber security and
is a backbone to the vision of Digital India.
However Digital India’s success seems to be deceptive:

In The UN E-Government Development Survey , which is the only global initiative to

measure and track how governments are faring on the e-governance front India’s
performance is not phenomenal.
 In its report it “looks at how e-government can facilitate integrated policies and
services across the three dimensions of sustainable development”.
With an EGDI index score of 0.5669, India is just above the world average of 0.55. The Asian
leader in e-government, South Korea, scored 0.9010 (marginally behind world leader Denmark’s
0.9150). India’s score is also much less than of Iran (0.6083). Even in the SAARC region, Sri Lanka
is ahead of India.
 Areas like public health and land records, the progress has stopped with putting up some
downloadable forms online.
 Many government departments still insist on physical forms and signatures, despite the
near universalisation of an identity instrument like Aadhaar, which allows simple and
fool proof authentication.
This is probably why India continues to rank a relatively low 96 in the United Nation’s E-
Government Development Index, whose 2018 rankings
Progress seen in one of the Indices:

However, India does rank very high in one sub-index. It moved up 12 places in the E-
Participation Index, from 27 in 2016 to 15 in 2018.
EPI looks at issues like e-information, e-consultation and e-decision making to arrive at a
score.
India’s high ranking does signify that:
 The government is making more information available online.
 More people are in a position to access that information, and also
 Electronically participate in policy formation and decision-making.
 A good example of this was when the government first mooted its ‘smart cities’ initiative,
when citizens were able to actively participate with ideas on what kind of initiatives their
city should adopt and how these initiatives should be designed and implemented.
e-Governance can alleviate poverty in India:

o e-Governance makes targeting of poverty reduction programmes efficient by
checking fake beneficiaries and Quicker DBT
o Increases awareness of the intended beneficiaries about plans and schemes meant
to assist them through quicker and easier information dissemination
However our poverty alleviation measures are a failure because of inefficient targeting and
lack of information with the intended beneficiaries.
There is a link between greater e-Governance initiatives and easier public access to
government services and alleviation of poverty and inequality. Thus the need of the hour is to
concentrate on effectively implementing e-Governance initiatives along with information
dissemination to alleviate poverty and inequality.
17. “India’s defence relationship with the world underwent sea-change in the post-cold war
era”. In this context evaluate the growth of Strategic Partnership between India and
France since its signing. (15 Marks, 250 Words)
Answer:
India’s defence relationship with the world was narrow characterized by excessive
dependence on USSR. Post 1991 after the fall of USSR, defence relationship strained due
to:
 Defence Industry collapsed in Russia which were not able to supply spare parts.
 Collapse of Rupee-Rouble agreement which had facilitated easy defence trade.
Changes that occurred post - cold war in overall defence relationship of India with the world
 Joint Collaboration with Russia rather than just being a buyer.
 Exploring new partners like US, Israel and France.
It is in this context, France was the first country to sign a strategic partnership with India in
1998.
1998 Strategic Partnership Agreement had following sectors of co-operation:

 Defence
 Terrorism
 Civilian Nuclear Co-operation
 Internal Security
 Intelligence Sharing
 Cooperation on investment
After the signing of the strategic partnership, the defence relationship has strengthened over
years. A High Level Committee on Defence was formed in 1998 and a Joint Working Group on
Terrorism established in 2001.
Features of defence relationship:

 No halting of spares and weapon supply in war
 Moving beyond buyer-seller to collaboration Ex: India signed a pact with French firm
named DCNS for technology transfer to Mazgaon Dock Limited for six Scorpene Class
Submarines.
 Not hyphenated with any other country as US does hyphenating co-operating of India with
Russia, Pakistan etc.
 France has been open to tweak partnership according to India’s Defence Policies. In the
Rafale deal of2015, it has agreed to plough 50% of the contractual value back to India as
per the offset clause
Reasons for growing defence relationship:
 Shared democracy
 Shared history
 Common strategic interests specially terrorism
 Similarity in assertion of multi polarity

 French perception of India as a potential defence buyer.
 French perception of India as a region stabilizer.
This natural partnership which has been consistent since Indian Independence seems to
continue and strengthen in the coming years with France having an upper hand over Russia in
terms of modernizing its technology and also over US. In terms of its greater willingness to
transfer technology to India.
18. The recent elections of judge to the International Court of Justice point towards a
fundamental shift in power dynamics of the globe making the issue of United Nations
Security Council reforms even more pertinent. Critically analyse. (15 Marks, 250 Words)
Answer:
The recently held elections to International Court of Justice saw a neck-to-neck tussle
between India and UK backing their candidates.
For a person to be elected the judge he/she needs to get absolute majority in both Security
Council and General Assembly separately. Interestingly India got absolute majority in the
General Assembly and UK absolute majority in Security Council. UK finally withdrew the
nomination leading to election of candidate of Indian origin, Dalveer Bhandari.
Reasons behind the result:
 Post BREXIT London has found itself on a more lonely pitch.

 India emerging as a top economic partner and potential market for a post BREXIT UK
could also have played a role in Britain’s decision
 UK wants India to play a lead role in the upcoming UK hosted Commonwealth Heads
of Government summit 2018 to shed the image of it being a “white man’s club”.
Implications of the result:
 In UN history, a 7-decade-old convention of the UK having a judge at the ICJ stands

broken.
 There exist a great divide between the Security Council and General Assembly.
 The result shows the divide is between the developed and developing countries who
dominate Security Council and General Assembly respectively.
 UK which was a great power is losing its popular base among the developing countries.
 It is an opportunity to challenge sense of entitlement among the permanent members
by UNGA and changing the status quo. India can now consider channelizing this energy and
momentum to push for reforms at UNSC
India’s demand for reforms in Security Council, is part of G4 proposal consisting of India,
Germany, Japan and Brazil. Though the recent ICJ elections make the issue pertinent yet there
are hurdles.
 No defined criteria for membership

 Divide and rule practiced by the P5 among developing countries.
 No consensus among countries about the expansion, number of members and nature of
membership. Ex: G4 and coffee club
 India is not a significant contributor to UN budget which could become a hurdle.
Diplomatic maneuvering Indian cannot alone suffice. India as a nation should develop itself in
all spheres where in global issues and global powers cannot afford to neglect India.
19. The approach of India towards Africa is diametrically opposite to China’s method.
Elucidate. (15 Marks, 150 Words)
Answer:
Economic ties are of Paramount importance to both Indian and China and trading patterns
with Asian giants still remain traditional Africa exports raw materials and imports
manufactured goods. But the approaches of both are towards Africa are different.
Differences in approaches
 India’s engagement lays emphasis on the long term like enhancing Africa’s productive
capacities, diversify skills whereas China’s approach is more traditional – resource
extraction, infrastructure development and elite level wealth creation.
 Cross-border connectivity by India (Project Mausam, Asia Africa Growth Corridor) is to

foster more robust people-to-people contacts, increase investment led trade. BRI on the
other hand has a top-down, unilateral approach to secure Chinese interests.
 India’s security and defence co-operation with Africa is mainly limited to maritime co-
operation, anti-piracy operations and UN peacekeeping missions.
China on the other, supports Africa’s military transformation by providing equipment,

advanced technology through China-Africa Defence and Security Forum.
India definitely does have a better approach than China but India’s trade ($62.66 billion) with
Africa is no match to China ($166 billion). Indian private sector needs to aggressively fill the
vacuum as China has done.
20. Striking down of Section 377 of IPC is the beginning of the end of Prejudice and shows a
balance between the Government and the governed. Comment, (15 Marks, 150 Words)
Answer:
A moment of pride for the LGBT community and Indian society at large, the Supreme Court in Navtej
Singh Johar and Ors Vs UoI struck down Section 377 of the Indian Penal Code - a British-era law -
making India the 26th country in the world where homosexuality is legal.
The Unanimous verdict is based on the principle that “The Natural identity of an individual should
be treated to be absolutely essential to his being” . This identity is protected in various ways by
Article 14 of the constitution granted Equality before law, Article 15 which prohibits discrimination
on the grounds of religion, race, caste, sex or place of birth and Article 21 which guarantees
Protection of life and personal liberty.
Pride without Prejudice

● Supreme Court putting an end to the 17-year legal struggle called Sec-377 as irrational,
indefensible and manifestly arbitrary.
● History owes an apology to members of the community for the delay in ensuring their rights,
for denying them their rights and compelling them to live a life of fear.
● The arguments supporting sec 377 ranging from homosexuality not being a part of an
individual’s natural identity to the LGBTQ community being the vector for the HIV virus and
thus a danger to the society , cannot manage to even clear the low bar of a sniff test
● Majoritarian views and popular views cannot dictate constitutional rights. Moral indignation
,howsoever strong,cannot be a valid basis for overriding individuals’ fundamental right of
dignity and privacy (Stated by Delhi High court in Naz foundation case)
As it is said “Nature knows No indecencies: Man invents them,” the judgement is in a way beginning
of end of prejudices.
Balance between the Government and the governed
 Judiciary stated that “there is an unbridgeable divide between moral values on which
section 377 is based and the Values of constitution .Liberty and Dignity separates them
and it is the role of parliament to watch the divide to protect the people.
 Judiciary has often been accused of overreach in recent decades. The accusation has merit in
some contexts. Protecting constitutional morality when Parliament and the executive fail do
so, however, is its rightful function. Hence, When Parliament fails its job, the judiciary
must step up to enable checks and Balances.
● The framers of the Indian Constitution were great men, and wise, for the most part. But they
were not infallible. Neither is their Constitution. It requires a likewise flawed judiciary to
interpret it in a way that is in keeping with its basic principles but evolves its understanding.
The Supreme Court has placed its reliance on the concept of ‘Transformative
Constitutionalism’ which implies that a constitution ought to adapt and transform with the
changing needs of the times. In the process, it has corrected a grave injustice against the LGBTQ
community and shown what the proper balance between the government and the governed can be.

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INSIGHTS IAS MAINS TEST SERIES 2018

INSIGHTS IAS MAINS TEST SERIES-2018

Additively, Right to Dissent is also promoted by International Institutions. Article 7 of the

2. Move of Supreme Court to penalise frivolous government litigation is a reminder for

Some of the Provisions of National Litigation Policy 2010:

• Focuses on core issues associated with litigation and meeting them

But the Policy has failed to bring positive outcomes:

 It must has have clear objectives to be addressed

Issues with Parliamentary Privileges:

Need for Codification of Privileges:

Reforms needed to ensure good Conduct and which are to be codified:

Below grim view necessitates an overhaul in water management.

Present Institutional Setup for water management:

The key functions of the NWC will include:

2. Shift of focus from construction to decentralized management and maintenance

Apprehensions with NWC:

effective water management

Section 124A of IPC defines Sedition as

 Whoever by words either spoken or written or by signs or by visible representation or

The Draconian Sedition Law:

Role of Judiciary in narrowing down the ambit of Sedition Law:

Role of Legislature in narrowing down the ambit of Sedition Law:

The Twenty-First Law Commission of India has in it working paper observed

New situations and issues which have brought them together:

Recent initiatives of co-operation:

 During 2015 visit of PM of India Special Strategic Partnership was signed.

 India worried about trade deficit.

National commission for backward classes :-

Vesting of above stated powers in NCBC seems to be an optimistic move to fight

Functions of finance commission –

However Finance commission have always strived towards fiscal federalism:-

 According to the Economic Survey Fourteenth Finance Commission recommendations will

HEFA would bring in a major reform in Educational sector because

[Working of CLOUD ACT:

India and the Cloud ACT:

Criticisms of CLOUD ACT:

Rationality behind lateral entry :

Need for Lateral Entry:

4) make bureaucratic decision-making less top-down and more transparent

Role of social audit in effective implementation of social sector programs.

Challenges of social audit:

 Lack of expertise in social audit.

Geriatric care in India:

Major Welfare measures for elderly in India :

 National Council for Older Persons (NCOP)

 Central Sector Scheme of Integrated Programme for Older Persons (IPOP):

 National Old Age Pension (NOAP) Scheme

 National Policy on Senior Citizens 2011

Budget 2018 – Provisions for elderly persons

Objectives of National Health Policy, 2017

● To reduce morbidity and preventable mortality of non-communicable diseases (NCDs) by

Steps taken to increase the pace:

● Mission Indradhanush launched to vaccinate the unvaccinated or partially vaccinated

● Enrollment of Ghost Beneficiaries

However Digital India’s success seems to be deceptive:

In The UN E-Government Development Survey , which is the only global initiative to

Progress seen in one of the Indices:

e-Governance can alleviate poverty in India:

1998 Strategic Partnership Agreement had following sectors of co-operation:

Features of defence relationship:

Reasons for growing defence relationship:

 Similarity in assertion of multi polarity

Reasons behind the result: