Civilsdaily - Target Mains Compilation - September 2017

TARGET MAINS Q&A | IAS 2017-18 | GS 1, 2, 3, 4
50+
Target Mains Q&A
GS 1 to 4 with
UPSC Answer framework
Compiled by Civilsdaily Team
Detailed solutions (per UPSC standards) provided for all

questions
Emphasis on providing ideal answer structure and key

terms' to ensure that your answer stands out from others
in all GS Papers of Mains 2017
Mentor inputs from Dr. Vipin Garg

(IAS, Rank 20)

Target Mains Answer Writing Initiative

September 2017
Welcome aboard!
We launched our Weekly mains answer writing initiative on 27th August and
received an overwhelming response to that.
More than 200 people committed to write answers for getting an official review
from CD Mentors who are UPSC veterans and have given multiple interviews.
They have a deep knowledge about what a Mains answers should include and
how marks can be increased in Mains.
Along with questions, we also provided ideal basic structure of the answer in
order to make aspirants aware about details that need to be kept in mind while
writing answers.
Questions were based mostly on daily op-eds/ static books. Aspirants should be
aware of our daily newscards which are available for FREE to read on app and
website.
This compilation includes all questions asked in our FREE initiative. Use it to
increase your score in Mains.
Best of luck!!
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Week-1
27 August - 03 September 2017
Question 1) Supreme court recently ruled that privacy was part of the fundamental right
to life and personal liberty guaranteed to all citizens under Article21oftheConstitution.
Critically examine the significance of this Judgement and its consequences on various
contemporary bills, statutes and laws.
Answer structure:
A nine-judge Constitution Bench oftheSupremeCourtruledthatrighttoprivacyisintrinsicto

life and liberty and is inherently protected under Article 21 enshrined under Part III of the
Indian Constitution overruling its own eight-judge Bench and six-judge Bench judgments of
M.P. Sharma and Kharak Singh cases delivered earlier.
Significance of the landmark Judgment:
An ordinary man notjustacitizen,butanyone,whetheranIndiannationalornot,canmovethe

constitutional courts of the land under Articles 32 and 226, respectively, to get justice in case
of violation of fundamental right.
The court emphasized upon personal,informationalanddigitalprivacy.Itclearedtheaironthe

amorphous nature the concept of privacy.
The judgment of the SC by overruling it earlier verdict shows evolution of our judiciary with
changing time.
It will directly impact food choices, beef bans and any such restrictions that is intrinsic to
choice and privacy
The nine-judge Benchs judgment gains international significance as privacy enjoys a robust
legal framework internationally, though India has remained circumspect.
Bearing over Statutes/Bills/Laws:
The landmark judgment declaring right to privacy a fundamental right would have bearing in
matters relating to Cattle and Livestock Sale Rules that bans beef sale and restricts food
choice that may be struck down.
The judgment will have a crucial bearing on the governments Aadhaar scheme that collects
personal details, biometrics to identify beneficiaries for accessing social benefits and
government welfare scheme.
The court has observed that ones sexual orientation is undoubtedly an attribute of privacy. It
reopens the debate and rights of LGBTcommunitiesmayfinallygetrecognizedbySCthrough
striking down of IPC Section 377.
This calls for robust Data security, protection and regulatory mechanism for important data of
the citizens collected by both private and public authorities. The IT Act 2000 also will have
restructuring to incorporate changing dynamics of data sharing.
The Human DNA profiling with the dangers of data leakage and misuse will have implications
due to this judgment.
Right to terminate life under euthanasia can have negative fallout along with rise of suicides
and abortion if recognized as arbitrary private decisions.
Other negative consequences could include Aadhaar covering 99% population, if struck
down, could cost exchequer heavily and the striking down of Aadhaar Act on grounds of
privacy violations could curtail DBT, welfare scheme benefits.
By declaring right to privacy as a new freedom and clear fundamental right it has opened up
plethora of hopes and aspirations of Indian citizens as a whole and protects them from
arbitrary intrusions of their personal space.
While it has negative fallouts, rationallydemarcatedrestrictionsonthisfreedomandaproperly

regulated robust data protection law to support the judgment is the need of the hour.
Question 2) It is commented by many experts that Indias efforts to become NSG

member is a futile exercise. Do you agree with this view? Critically comment.
Answer Structure
Introduction:
Nuclear Supplier Group (NSG) is a 48 member multilateral grouping, deals with the control of
nuclear materials and technology, founded in response to Indias nuclear test in the year 1974.
The group has a set guidelines pertaining to items thatareespeciallydesignedfornuclearuse

and the export of dual-use items (materials and technologies) which are considered as a
guarantee for the country to procure and supply nuclear materials and technology.
India thinks joining the groupwillpaveitswayforsupplyingsomeofitstechnologiesandother

nuclear items to other countries.
However, some expert thinks that joining NSG will be a futile exercise as India has already
beingrecognizedbysomeofpowerfulcountrieslikeUS,JapanandAustraliaetc.asapeaceful
user of nuclear items and can deal with the technologies and other items without any hassle
and obstacles.
Why it seems to be a futile exercise?
Critics argue that as India had already got acleanNSGwaiverin2008;alltheseeffortstogain

entry into the club will be a futile as it would not make any material difference because No
foreign nuclear reactor supplier is waiting for India to get a NSG membership.
However, nonNSGsomewhereobstructsIndiafromopenlydealingwithothernationsandalso
keeps away from making rules.
Chinas backing to Pakistan for NSG membership similar to India gaining its membership will
be a serious concern for many as Pakistans terrible proliferation record which many nations
fear.
In fact, a long list of deal-breaker challenges hamper progress of foreign companies selling
their hi-tech reactors nuclear liability issue, Japans distaste for nuclear (both GE and
Westinghouse are today Japanese-owned), local opposition and pricing. NSG membership
has never shown up in the list.
Energy from India-built nuclear plants is much cheaper. For GE-Hitachi and
Westinghouse-Toshiba, the liability issue is a big risk, and if they factor the risk in costs, their
energy will also be pricey.
However, NSG membershipisanassertionofrightandjoiningitmeanparticipatingintherules

making of NSG. This will give India a chance to expose Pakistans terrible proliferation record
and may block Pakistan forever. However, this will mount tension between India andPakistan
or India and China for Nuclear access.
The 2008 waiver with USA made India eligible to receive advanced nuclear technologies that
could be used to enrich uranium and/or reprocess plutonium. This has helped India a lot.
However, such access is restricted to American technologies. Membership to the NSG will
essentially increaseIndiasaccesstostate-of-the-arttechnologyfromtheother47membersof
the Group, as well.
NSG membership also means India can begin to commercially produce nuclear power
equipment, which it can then even sell to other countries. With access to state-of-the-art
nuclear technologies, it can maximize its production benefits. However, the other nuclear
haves nations are already in engagement with such countries and will prove less fruitful for
India.
Access to technology and being allowedtoproducenuclearequipmentwillgiveaboosttothe

Make in India programme announced by our PM. That will boost economic growth in India,
create more jobs and even lead to a whole new IT-industry segment that India can leverage.
Most of the energy is generated from Coal which is unclean due to CO2 emissions. NSG
membership can help India in shifting to clean Nuclear Energy and will also help India in its
commitment to climate change.
On grant of membership, India will have a say in thegroupsdecisions.Indiacouldalsoplaya

more proactive and constructive role in blocking illegal nuclear trades between China,
Pakistan, North Korea etc.
Conclusion:
However, India must further build on the theme thatdwellonIndiasstrongrecordindealing

with the challenges of arms proliferation and its contribution to global nonproliferation and
nuclear security efforts.
India must demonstrate its readiness and resolute to achieve global nuclear non-proliferation
goals and show a certain degree of transparency with its strategic weapons programmes, to
bolster the case for its full membership in the multilateral non-proliferation groupings.
Question 3) It iscommentedthatendofTripleTalaqisagatewaytoUniformCivilCode?
In the light of the above statement, discuss the need for Uniform Civil Code and
impediments in its implementation?
Answer structure:
The recent hearing of Supreme Court declaring the discriminatory practice of instant Triple
Talaq as unconstitutional, a clear message that personal law can no longer be privileged over
fundamental rights is established.
The main ground on which the practice has been struck down is that this form of Talaq is
arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a
Muslim man without any attempt at reconciliation so as to save it.
This important judgment with its positive spillovers of gender justice provides a cleargateway
to reinvigorating the debate of UCC and its implementation in near future.
In fact, the Uniform Civil Code (UCC) envisages uniformity in personal laws cutting across all
religions, caste and creed pertaining to personal laws like polygamy,tripleTalaq,NikahHalala
in case of Muslims; dowry, property rights and bigamy in case of Hindus; and divorce and
property rights among Christians.
Need for Uniform Civil Code:
First, a secular republic needs a common law for all citizens rather than differentiated
rules based on religious practices.
It will promote national integration and uniformity in laws across gender, caste and
religions.
It will fall along constitutional principles (DPSP, Article 44) towards achieving gender
justice and equality, as envisaged by our constitution makers.

There is a second reason why a uniformcivilcodeisneeded:genderjustice.Therights
of women are usually limited under religious law,beitHinduorMuslim.Thepracticeof
triple talaq is a classic example.
It will uphold human rights and provide a common legal procedure on violation.
Impediments to its implementation:
There is no one personal law which is complete and just in itself. The apprehension
thatconceptsalientoitssocio-religiouspracticeswillmarchoneafteranotherifchange
in legislation is permitted in one field.
Opposition fromorthodoxsectionsofvariousreligionscouldleadtoprotests,separatist
tendencies on grounds of alleged state interference in personal and religious space.
Inordinate delays due to much litigation in court challenging UCC, may prolong its
implementation.
The diversity of our country and its multitude of customs and usages present a
hindrance and a single framework accommodating all will not be an easy solution.
Many experts believe it directly conflicts withtheRighttoreligiousfreedomguaranteed
in the constitution under Article 25 and 26 for pursuing various aspects of the religion.
There is no concrete draft of how an ideal UCC should be that assuages the fears of
other religious minority groups.
Way forward:
The government will have to work hard to build trust, but more importantly, make common
cause with social reformers rather than religious conservatives, an obvious political challenge
in assuaging fears.
The Government in coordination with all stakeholders must take up reforms in each personal
law through independent initiatives, and bring separate aspects such as marriage, adoption,
succession and maintenance into a uniform civil code in stages.
The civil law in Goaderived from the Portuguese Civil Procedure Code of 1939could be a
useful starting point for a national debate.
The underlying principle should bethatconstitutionallawwilloverridereligiouslawinasecular

republic. The dynamicsofsocialtransformationthroughtheinstrumentoflawfromdiversecivil
code to uniformity shall be gradual.
The government should draft a uniform civil code with widespread multi stakeholder
discussions and a comprehensive review ofseveralotherlawsinthecontextofgenderjustice.
That is important in the context of the above judgment.
Question 4) Given the fact that PDS system is highly prone to leakages and corruption,
many experts have suggested that it should be replaced by Direct Benefit Transfer
system. Do you support this view? Critically discuss.
Answer Structure:
The government is likely to scrap public distributionscheme(PDS)systemandtransfermoney

directly to the accounts of poor beneficiaries after getting encouraging results from Haryana
and Puducherry. This move has been supported as well as criticized by many economists.
Arguments in favour of substituting PDS grain transfers with cash
1. PDS prone to corruptionandleakage:ProponentsofsubstitutingPDSgraintransfers

with cash argue that PDS is an inefficient mode of transfer of subsidies, prone to
enormous leakages into the black market, and high waste in costs of transferring
subsidies in the form of food transfers. Theyarguethatreplacingfoodwithdirectcash
transfers would greatly reduce corruption and leakages.
2. Better targeting: It would enable the poortoaccessgoodscurrentlydeniedthembya
PDS beset by corruption.
3. More choice for Consumers: It wouldenablepeopletobuybetterqualityfoodoftheir
choice from the open market and not be restricted to items sold inthePDS,whichare
often inferior in quality and limited in range.
4. Will Reduce Wastage: Providing subsidies directly to the poor, it is further argued,
would both bypass brokers as well as reduce the waste and holding costs of storing
grains ingovernmentsilos.TheamountofgrainactuallyrequiredforIndiasbufferstock
needs could be held in better-quality warehouses, eliminating waste and rotting.
5. Will reduce fiscal deficit: Cash transfers would help reduce fiscal deficit by curbing
expenditures earmarked for the PDS that are siphoned off through corruption, as well
as avoiding substantially higher costs of transferring food rather than cash.
Arguments against:
1. Not leakageproof:Itisproblematictoassumethatcashtransferswouldinthemselves
bring about drastic reductions in corruption and leakages in welfare programmes, as
there is nothing intrinsic to cash transfers which renders them less vulnerable to
leakages. Irregularities are empirically found to be high in existing cash transfer
programmes.Cashtransfersofold-agepensionsareatleastasnotoriousforcorruption
and leakages as the PDS.
2. PDS performing better: Studies confirm that many states have been able to reform
PDS and significantly reduceleakages,asmuchassomestateshavereformedpension
transfers. Clearly, the difference betweenthecorruptionorprobityofdeliveryofwelfare
programmes is notdependentonwhethercashorfoodisdelivered,butonpoliticaland
administrative will and capacities, and public vigilance and organization.
3. Misuse of Cash: It is also possible for people to spend cash transfers not on more
nutritious food, as proponents suggest, but instead on non-food items, which would
decrease the amount of household money left for buying food. There are significant
gendered differences of choice here. Research confirms that culturally decisions
relating to cash inhouseholdstendtobemadebymen,whomayormaynotspendthe
money on food. Decisions relating to food are made by women in almost all cultures,

and therefore food rather than cash in ahouseholdismorelikelytoendupasfoodina
childs stomach.
4. Weak Banking Infrastructure: There are alsoworriesabouthowgenuinelyinclusiveof
people in remote rural regions is Indias banking system. Fairpriceshopsexistinthree
of every four villages, and are therefore generally accessible. According to one survey,
average distance to the nearest bank branch is between 6.5km to 10km. Distances
would be much longer in remote regions, entailing high additional costs of transport
and time.
5. A shield against Inflation: Another advantage of PDS over cash transfers from the
perspective of the poor is that PDS supplies rations at a constant price,irrespectiveof
the fluctuations in market prices. This therefore provides a shield against inflation, a
benefit that cash transfers cannot match.
6. Ensures stable income for Farmers: it is a mistake to view PDS only as a means to
transfer subsidies to poor households. PDS costs need to be measured against its
other goals as well. PDS requires the government to procure food from farmers. The
government builds up stocks of grains which are also useful for price stabilization.
Indeed, the guaranteeofminimumsupportpricepurchasebythegovernmentforwheat
and rice is the most important instrumentfortheprotectionoffarmersincomeinIndia,
and this would become unfeasible ifthegovernmentcouldnotoffloadalotofthisgrain
back through the PDS.
7. Cash transfer leading to exclusion: In areas where pilot programme has been
launchedTherewereissuesintransfers,asresultsshowashighas50percentofthose
entitled did not receive the full or part cash transfer, especially due to issues in linking
of bank accounts with Aadhaar and ration cards.
Way Forward:
Certainly, DBT is a novel idea and it could certainly reduce leakages and corruption of PDS
system has proven its record in LPG case where Government saved rs 14000 crore due to
better targeting and elimination of ghost beneficiaries
However, DBT in food subsidy is an idea which has many flaws as mentioned above. PDS
system itself is flawed and it needs to be eliminated.
Therefore, instead of cash transfer Governmentshouldgivefoodcouponsasthiswillsolvethe

problem of misuse of cash for buying non-food things and it will also givepoorpeoplechoice
to buy food from the retailer of their choice.
Food coupon amount should be periodically revised so that it takes into account the current
inflation. Thus what we require is a system which is somewhere in between the present
inefficient PDS system and the proposed DBT system.
Question 5) TosolvetheTwinBalanceproblem,EconomicSurveyhassuggestedsetting
up of a Centralised Public Sector Asset Rehabilitation Agency. Critical discuss whether
setting up of an agency like PARA will be feasible?
Answer Structure
Introduction:
Due to ever increasing twin balance sheet problem and the rising difficulty to tackle it by any
other means, the Government has proposed an another reform as a last resort i.e. Public
Sector AssetRehabilitationAgency(PARA)fortherehabilitationofthePublicSectorBanksand
Companies who are facing such crisis.
It is to be a centralized approach where the Agency will takechargeoftheassetsoftheworst

affected Public Sector Undertakings and try to reduce their debt to a large extent.
Criticisms:
Under this approach, the Public Assets Rehabilitation Agency will purchase the loans of the
over-indebted infrastructure and steel firms. Then it will try to work out using several
methodologies, one of them being the professional assessment of value-maximizing strategy
to come to a conclusion as to how these debts can be paid and written off.
This requires a huge amount of investment in the projects which can be done only through
fulfillment of capital requirements by the government.
However, given the circumstances, Capital Markets, Corporations, and other private investors
will not be agreeing to invest.
Many critics argue that PARA in reality does not provide any new means to solve this problem.
It actually suffers from certain major loopholes which cannot be ignored:
Problem of disposal: It has somehow been ignored that the PARA will face the same
problem as that of banks in disposing of these debts. Although it maybehavingsome
methodologies to do it, it requires huge finance to do this. There is not even much
market for stressed assets owing to the reason as many sectors are currently plagued
with overcapacity. So, it cannot really resort to selling these assets to a large extent.
Operational discrepancies: Many critics have pointed out that PARA proposesavery
unclear method. The methods proposed are only a slight variation of the old ones like
the ARC. They failed because of these mechanisms. So adopting them again can lead
to a continuation of the problem.
One size fit all policy not feasible: In India, the issue of NPAs and corporate
bankruptcy differ from bank to bank and corporation to corporation and hence, a one
size fit all policywillnotbefeasiblefromovercomingsuchproblems.Also,itwillrequire
the agreements from banks and corporation to shed their bad loans which draws
certain percentage of it to the PARA.
However, setting up of PARA like institution has certain a

dvantages also:
By taking away banks debt, it releases the bank of a huge amount of its financial burden. It
has two major benefits:
Reduction in burden on banks: By taking away thesebaddebts,thePARAshoulders

the responsibility of all the debts. Thisreducestheburdenonthebankstofindwaysto
get back their bad debts. The PARA particularly concentrating on this task can do it
more effectively than these banks. Thus, banks can think of utilizing their human
resources in focusing on other important activities than debt restructuring.
Restoring financial health: By buying these debts, it recapitalizes thebank.Oncethis
is done, banks with greater capital can now focus on making new loans.
Concentration on one Agency: Since the bad debts are all now concentrated in one
agency, it is easier to find a true estimate and address it step by step.
Conclusion:
However, with variousdiscrepanciesthisnewinstitutionseemstoprovideanewrayofhopeto

overcome from NPAs like situation and somewhat liberate to the corporation also.
Till now it has been proved that the earlier such methodsdidnotbringfruitfulresult,andhope
that the new agency may liberate from such problems so its worth to have the experience of
this also.
Since, the coin has both side, concerning both the aspects, we should try to minimize the
negative aspects and focus more on its benefits and positive sides which will bear the fruitful
result.
Hence, we shouldgivePARAachancetocomeintooperationandatleaststartitstasksothat
the ongoing problems can be assessed in a better way and some other way out could be
thought.
Question 6) Ultimately it is the rural agrarian crisis whichismotivatingdominantlanded

castes in most parts ofIndiatoagitateforreservation.Doyouagreewiththestatement?
Critically discuss.
Answer Structure:
The year 2016 witnessed agitation for reservation by many castes like Jats, Kapus, Patidars
andMarathas.Allthesecommunitiesaredominantcastes.TheconceptofDominantcastewas
given by M.N Srinivas who held that a caste isdominantwhenitisnumericallyhigherthanthe
other castes. And it has significant control over land.
To some extent it is correct to say that rural Agrarian crisis is motivating Dominant Landed
castes in most parts of India to agitate for ReservationThereistremendousamountofFarmer
distress in Countryside in last few years due to agrarian crisis.
Since most of these communities are landed agrarian caste, they are facing the brunt of
agriculture slowdown.
Rise in farm input costs, stable food prices in the last twodecades,despitesomeepisodesof
price explosion has led to dip in their farm income. The average size of landholding at the
national level has come down from 2.28 hectares in 1970-71 to 1.16 ha in 2010-11, which is
making agriculture unviable.
The process of marginalization of farm holdings might have contributed to the recentdemand
of Marathas and Patidars (also known as Patels) to be included intheotherbackwardclasses
(OBC) category so that they could shift away from agriculture.
Another source of rural distress in Maharashtra and Uttar Pradesh, in particular, has been the
crisis in sugar and most of sugar farmers are either JATS or Marathas.
However it is not just Agrarian crisis which is motivating these communities to ask for
reservation there are other factors also which are motivating them to agitate for Reservation
These include:
Crippled urban economy: Indias growth in last 2 decades is led by increase in productivity
and therefore number of jobs created in the private sector is much less, which means that
dominant caste who are turning away from agriculture has verylessopportunitiestogetjobin
private sector and thus only option left for them is government jobs, however there general
status is making the competition tough for them, Therefore they are asking for reservation.
Resentment against other OBC communities: Most of the other middle caste like
Kunbi,Yadav,Gujjar,Reddys,and saini are in OBC category. The social,economicandpolitical
disparity between these groups and JATS,Patidars and Maratha and Kunbi has significantly
decreased in last few decades.
Due to reservation the representation of the above mentioned caste in government jobs has
increased significantly in last few years in comparison to the dominantcaste,whichhasmade
this dominant caste envy of these other OBC community and therefore motivated them to
demand for reservation.
It can also be said that the demands are a result of resentment among the dominant castes
against the hitherto backward classes which witnessed growth due to reservation provision
and consequently threatened the formers dominant status.
Political support: Most of this dominant caste are electorally and politically very powerful in
that state, and they get support from opposition parties for vote bank politics. This political
support and there strong position makes it difficult for the state government to ignore their

demands, which has motivated them to ask for quota since it is very likely that there demand
are accepted as happened in the recent Jat agitation.
Question 7)MentalhealthinIndiaremainsshroudedinstigma,whichstiflesconversation
and a much-needed public dialogue and exploration into the mental well being of a
rapidly growing population. In the light of above statement, critically discuss the
significance of the recently passed Mental Health Care Bill 2016.
Answer Structure:
According to estimate in India at least 5% of the population lives with a mental illness, which
translates to over 50 million people. Nearly half of those with severe mental disease arent
treated and of those with less severe versions, nearly 9 in 10 go uncared .
Stigma attached to mental ailmentsisthemainreasonwhythesocietyisstrugglingtoaddress

the problem .According to a survey done by the Live Love Laugh Foundation (TLLLF)
Bangalore 80 per cent people felt it was stigma that prevented them from seeking treatment.
85 per cent thought mental illness was made worse by stigma. Even in metro cities, lessthan
half of the people affected by psychiatric disorders receive adequate treatment.Mentalillness
in India continues to be shrouded in an air of secrecy and guilt.
Recent passing of Mental Healthcare bill could be a possible solution to above problemsasit
has provisions like:
The Billstatesthateverypersonwouldhavetherighttospecifyhowhewouldliketobe
treated for mental illness in the eventofamentalhealthsituation.Anindividualwillalso
specify who will be the person responsible for taking decisions with regard to the
treatment, his admission into a hospital. Thus it provides autonomyandempowerment
to the Patient to take their own decisions.
It permits involuntary hospitalization only in exceptional circumstances.
It mandates a range of services and banstheuseofelectro-convulsivetherapywithout
anesthesia and prohibits its use in minors. Thus the Bill attempts to protect human
rights of the mentally ill.
In a much-needed change, the bill has adopted a medicalised approach to attempted
suicide, treating it as the outcome of severe stress. The bill rightly blocks the
application of the Indian Penal Code section that criminalizes it. A duty is also cast on
the authorities to care for and rehabilitate such individuals.
It puts the onus of responsibility on the state for training mental health professionals
and providing access to public healthcare
It requires insurance companies to provide health cover for people with mental illness
and this will significantly reduce the cost of treatment for the Mental patients. This will
also motivate more mental health patients to seek treatment
It tries to provide checks and balances to ensure the dignity of the mentally ill.
But there are a few issues which also needs to be addressed:
1. Social determinants of mental health e.g. poverty and social exclusion are ignored in
the bill.
2. Role of family in treatment is not addressed in this bill
3. With health budget going down and budget for mental health treatment just 1% of the
total health budget, implementation of provisions of the bill in the right spirit will be a
challenge for State Government.
4. It does not acknowledge the roles of counselors who are equally important as
psychiatrists .Role of counselors needs to be enhanced if stigma associated with
Mental healthcare needs to be taken care of.
Conclusion:
Though it is a step in the right direction but certain issues in the bill needs to be addressed.
Reliable and free professional counselling must be widely offered.
For too long, mental health treatment in India has existed with the colonial legacy of large
asylums and degrading confinement.
Many who are held in such places have nowhere else to go, as families facing stigma have
abandoned them.
These issues needs to be addressed by the bill only then it could be said that thisLegislation
will end the stigma associated with mental illness.
Question 8) Despite the runaway success of the healthcare schemes and availability of
Antiretroviral Therapy in governmenthospitals,socialdiscriminationagainstHIV-positive
people in Indiaispervasive.HowwilltheproposedHIVandAIDS(preventionandcontrol)
Bill 2014 deal with this problem?
Answer Structure:
The stigma of having HIV or AIDS in India remains intense, despite having the world's
third-largest population of people with either. Some places even simplyturnawaypeoplewith
HIV or AIDS.
How will HIV bill end the Social Discrimination faced by the AIDS patients?
1. This law makes all sort of discrimination criminal, it also eases the process by which
people living with HIV or AIDS get access to treatment. Even if it cannot do away with
the stigma itself, the law offers a clear legal recourseandshouldloomlargeasathreat
for insurers and hospitals that dont recognise the evils of turning down or
discriminating against people with HIV or AIDS.
2. Under the bill, it is a legally punishable offence to deny a person living with HIV/AIDS
insurance on the ground of the disease that lowers the immunity. In such a case, the
insurer will have to part with a fine of Rs 10000

3. It also guarantees protection against discrimination in the field of education,
employment, access to housing and healthcare.
4. It prohibits all acts of discrimination against HIV-positive people, or those living with
such people. It also lists various grounds on which discrimination against HIV positive
persons and those living with them is prohibited.
5. ThebillensuresthatanHIVpersonbelowtheageof18yearshastherighttoresideina
shared household and enjoy the facilities of the household.
6. The most crucial stepisthatitrecognizestherightofapersontokeephishealthstatus
confidential.
7. According to the Bill, each state will appoint an ombudsman to inquireintocomplaints
related to the violation of the act and the provision of health careservices.Also,cases
relating to HIV positive persons shall be disposed of by the court on a priority basis.
However, it is only half the battle won. The various issues that are unaddressed are:
ItdoesnotguaranteeARTtreatmentasthelegalrightofthepatientimplyingthatapersonwho
is deniedtreatmentcannotdragtheGovernmenttothecourt.Itessentiallydilutesanimportant
part of the bill
Insurance industry is allowed to use actuarial calculations for charging HIV infected people ,
which might make it unaffordable. Proper capping of the actuarialpricingismuchneededand
is to be monitored by the Ombudsman.
Way Forward:
Proper capping of the actuarial pricing is much needed and it needs to be monitored by the
Ombudsman. The amendment tothebillisprogressiveonvariousfrontsandthegovernments
effort must be appreciated.
At the same time, the biggest fallacy plaguing PLHIV is the parochial mindset of our society..
The Government must undertake a nationwide sensitization program.
The bill addresses many of the concerns of the HIV infected people and ensures their rights,
however the real success depends on the implementation.
Question 9) It has been commented by many experts that management of the

governments debt by the RBI leads to a conflict with its role as monetary authority
working to contain inflation and ensure financial stability. In the light of the above
statement discuss how setting up of an Independent Public Debt Management Agency
would improve the situation. Also discuss the challenges PDMA will face in its working.
Answer Structure:
Public Debt Management Agency (PDMA) is a specialized independent agency that manages
the internal and external liabilities of the Central Government in a holistic manner and advises
on such matters in return for a fee.
In other words,PDMAistheInvestmentBankerorMerchantBankertotheGovernment.PDMA
manages the issue, reissue and trading of Government securities, manages and advises the
Central Government on its contingent liabilities and undertakes cash management for the
central government including issuing and redeeming of short term securities and advising on
its cash management.
Why there is need for PDMA?
1. Fragmented jurisdiction in public debt management: Currently the central Bank or

RBImanagesthemarketborrowingprogrammesofCentralandStateGovernments.On
the other hand, external debt was managed directly by the Central Government.
2. Establishing a debt management office would consolidate all debt management
functions in a single agency and bring in holistic management of the internal and
external liabilities.
3. It is considered as an internationally accepted best practice that debt management
should be disaggregated from monetary policy, and taken out of the realm of the
central bank. Most advanced economies have dedicated debt management offices.
4. Several emerging economies, including Brazil, Argentina, Colombia, and South Africa,
have restructured debt management in recent years and created an independent
agency for the same.
The sources of these conflict of interest in RBI managing the Government debt,aslistedout
in the 2008 report of the Government are as under:
There is a severe conflictofinterestbetweensettingtheshortterminterestrate(i.e.thetaskof

monetary policy) and selling bonds for the government. If the Central Bank tries to be an
effective debt manager, it would leantowardssellingbondsathighprices,i.e.keepinginterest
rates low. This leads to an inflationary bias in monetary policy.
Where theCentralBankalsoregulatesbanks,asinIndia,thereisafurtherconflictofinterest.If
the Central Bank tries to do a good job of discharging itsresponsibilityofsellingbonds,ithas
an incentive to mandate that banks hold a large amount of government paper.
This bias leads to flawed banking regulation and supervision, so as to induce banks to buy
government bonds,particularlylong-datedgovernmentbonds.Havingapoolofcaptivebuyers
undermines the growth of a deep, liquid market in government securities, with vibrant trading
and speculative price discovery.
This, in turn, hampers the development of the corporate bond market the absence of a
benchmark sovereign yield curve makes it difficult to price corporate bonds.
If the Central Bank administers the operating systems for the government securities markets,
as the RBI currently does, this creates another conflict, where the owner/ administrator of
these systems is also a participant in the market.
Challenges/issues related to PDMA:
1. The size and dynamicsofgovernmentmarketborrowinghasamuchwiderinfluenceon

interest rate movements and systemic liquidity. An autonomous PDMA, driven by
specific objectives exclusively focusing on debtmanagementalone,maynotbeableto
manage this complex task involving various trade-offs.
2. It may even be compelled to issue more short term debts and enlarge the space for
foreign investors making economy more vulnerable to the risk of capital flight.
3. It may not be true that what has been practiced in some other countries would come
true for India. The institutional arrangements for debt management must takeintoview
the country specific context and requirements.
4. The experience of debt management offices in the Euro area (especially Greece,
Portugal and Ireland) has been less than satisfactory and has resulted in creating
financial instability in the entire Euro Zone.
5. This agency should be independent. Proposed agency is under the supervision of
central government.
6. State debts are managed by RBI. PDMAundercentralgovernmenthaveimplicationfor
federal structure of India.
Question 10) Despite government initiatives like Make in India, Skill India and FDI
liberalization why is Industrial Growth not showing any signs of recovery. What steps
should be taken by Government to improve this situation?
Answer Structure:
Even though Government has taken several steps in Recent YearsLikeMakeinIndia,passing

of Bankruptcy law, Labor law reforms,FDIliberalizationtoeasetheProcessofDoingBusiness
in India and give a boost to Industrial Sector still the recent data shows thatTheIIPhasfallen
to a 10-year-low in the first five months of the current fiscal from April to August. It is a
negative 0.27 per cent, the lowest since 2007-8. This is even lower than the level reached
during the Lehman crisis of 2009.
Reasons behind this trend:
1. Demand is not in a comfortable trajectory: Demand is the majorfactortoattractthe

industrialinvestmentandforthegrowthoftheindustrialsectoratthefasterrate.Private
final consumption is growing at 7%-8%. This is not lucrative for the Indian economy
because we have lot of potential to grow faster.
2. Over-leveraged Private Sector in India: Thus they do not have resources to initiate
new investment.
3. Industries are still not phasing out capacity shortage which is why they are stillnot
investing. Capacity utilization is not as expected.

4. The continuing slump in global demand
5. Slow g rowth in Agriculture which Converts into lack of demand for industrial Goods.
6. Depreciation of Chinese Yuan is making Indian Rupee weak
Question 11) Youareadistrictlevelofficer,inchargeofCivilSupplies.Youaretoensure

proper functioning of Public Distribution System (PDS) through which essential
commoditieslikewheat,Rice,Sugar,Kerosenearedistributedatasubsidizedrate.Every
shop has vigilance committee comprising of ration card holders, but still there are
confirmed reports of black marketing of essential commodities. Field level supply
officials are in collusion with shopkeepersanditisallegedthattheygetamonthlycutas
illegal money. You want to improve the supply system.
(a) What are the various options before you?
(b) Examine the merits and demerits of each option and choose the option which you
would adopt, giving reasons.
Answer Structure:
The various leakages in the public distribution system (PDS) through collusion between
distributors and through black marketing pose a serious condition.
In the above case, the various options before the district level officer are-
1. Officials from one sectors be deputed to other sectors and be asked to make surprise
checks.
2. It is important to carefully assess the stage at which leakage is occurring. This is
possible through GPS tracking of the system. GPS signals on the top of vehicles
intended to carry the good grains and other essential items will help to track the
leakage at correct stage. However, it requires technological investment to make the
whole system function properly and also it should be done only on pilot bases.
3. A roster of vigilance committee be made and rotated every three months.
4. The appropriate option to ensure that there is a reduction in the leakages, direct
transfer of subsidy in theaccountofthebeneficiariescanbethechoice.But,itrequires
opening up of bank accounts of all beneficiaries and is a cumbersome procedure. But
once in functioning properly, it will be effective in the longer run.
Thus, the best course of option is to carry out the investigation so that the guilty can be
punished, it is essential to carry out GPS tracking of the vehicles and the direct transfer of
money in the bank accounts of the beneficiaries will reduce the corruption and make the
system effective.
Question 12) What are the seven principles of public life? Why they have become so
relevant in present situation?
Answer Structure:
Therearevariousintegralprinciplesofpubliclifewhichhelpacivilservanttoperformhisduties
efficiently and effectively.
In this regard, seven principles of public life wererecommendedbyacommitteeheaded

by Lord Nolan during prime minister ship of John Major in 1994. They are:
(1) Selflessness: Public Servants shouldperformtheiractionsonlyinpublicinterestandnotin

their own, family, friend, interest.
(2) Integrity: Holders of public office should not place themselves under anyfinancialorother
obligation that may come in their performance of duty.
(3) Objectivity: Decisions should go strictly on merit in accordance with facts, rules,
procedures etc.
(4) Accountability: Holders of public offices are accountable fortheiractionsanddecisionsto

set out institutions and should be prepared for scrutiny.
(5) Openness: They should be as open as possible for their decisions and actions. Every
decision should be based on reason.
(6) Honesty: Public Servants should be honest and they should declare any private interest
relating to their public duty.
(7) Leadership: They should promote and support these principle by setting examples and
through leadership traits.
These principles have become very significant in view of erosion of standards in public life.
Today, the values have declined in governance, as a result, the effect is corruption and poor
governance.
It is importanttoimbibetheseprinciplesinthelifeofapublicservant.Theyneedtobeimbibed
with values such as honesty, integrity, selflessness and accountability.

Week-2
3-10 September 2017
Question 1) Do you think failure of SAARC can beoffsetbyastrongBIMSTEC?Critically

comment.
Answer Structure:
The cancellation ofSAARCsummitatthebehestofgrowingbilateraldifferencesbetweenIndia

and Pakistan has reinvigorated the potential of BIMSTEC to take forward the geo-political
discourse in the subcontinent.
The South Asian regionalcooperationandcoordinationonvariousdevelopmentalprojectsisin

limbo as fallout of SAARC failure. In this backdrop, BIMSTEC aims to bring South Asia and
South East Asian connectivity to the forefront which envisagestorevivethemuchneededsub
regional cooperation in the region.
It is believed that a strong BIMSTEC can offset the misgivings of SAARC in the following ways:
BIMSTEC naturally fills the vacuum created by the inactivity of SAARC. The bilateral
problems extending in SAARC have made it all the more important for India toengage
in BIMSTEC nations.
BIMSTEC could act as a natural platform tofulfillIndiaskeyforeignpolicyprioritiesof
Neighborhood First and Act East policy
Majority ofmembersofBIMSTECarethemembersofSAARCandIndiahaswellsettled
relations with them including Myanmar and Thailand too.
BIMSTEC is home to1.5billionpeople,accountingforapproximately21percentofthe
world population, and a combined GDP of US$ 2.5 trillion.Consideringthegrowthrate
sustained by the BIMSTEC countries(aroundsixpercentperannum),thefutureseems
promising for these member nations.
BIMSTEC has at last three major projects that, when finished, could transform the
connectivity and coherence of the countries in the grouping:

Kaladan MultimodalprojectthatseekstolinkIndiaandMyanmar.(especiallybenefitting
North East )
Asian Trilateral Highway connecting India and Thailand through Myanmar.
Bangladesh, Bhutan, India and Nepal (BBIN) have signed a pact for the movement of
goods and vehicles among them.
BIMSTEC can be leveraged along with ASEAN to stem the Chinese intrusions and
dominance in the region in the interests of all nations of the grouping.
But BIMSTEC has its own challenges and SAARC its own aura-
1. SAARC has a more targeted objectiveofSouthAsiancooperationandregionalstability

which is equally critical.
2. The absence of countries like Afghanistan, Pakistan and Maldives in the BIMSTEC will
prevent holistic development of the region. Afghan and Pakistan as critical links to the
Russia and central Asian markets and west cant be ignored either.
3. India has long been accused of not taking up the leadership role in BIMSTEC initiative.
4. Thailand and Myanmar are criticized for having ignored BIMSTEC in favor of ASEAN.
5. Absence of permanent secretariat for very long time and lack of commitment to invest
in several areas are holding BIMSTEC back.
6. In the span of 20 years there have only been 3 annual meetings and 4th one is
scheduled to happen this year.
7. Another sub-regional grouping BCIM (Bangladesh, China, India and Myanmar) has
posted doubts over the exclusivity of BIMSTEC grouping.
Way Forward:
Though BIMSTEC is a viable alternative as a sub regional cooperation especially to counter

Chinese dominanceandinfluencebutfailureofSouthAsiaisalsonotcompletelyintheinterest
of India.
Smooth working of SAARC is in the interest of south Asian countries to enhance cooperation
with west Asian countries in terms of trade and investment.
Failure of SAARC would increase the dominance of ChinainwestAsiaaswellasinsouthAsia

economically and militarily.
Both SAARC and BIMSTEC have their own importance. Therefore, it is imperative on part of
India to actively engage and maneuver both the forums to secure good relation and
cooperation with South East Asia through BIMSTEC and with west through SAARC.
Question 2) The stark differences in water availability in the river basins in the country
has thrown up the idea of interlinking of rivers. However, River Linking Project involves
multifaceted issuesandchallengesrelatedtoenvironmental,economic,ecological,legal,
political and social costs. Discuss.
Answer Structure:
Inter Linking of Rivers refers to inter-basin water transfers between 2 or more rivers through
human interventions on natural systems. Indias National Water Development Agency (NWDA)
has suggested the interlinking of rivers of the country.
The interlinking of rivers has two components: the Himalayan and the Peninsular. All
interlinking schemes are aimed at transferring of water from one river system to another orby
lifting across natural basins.
The project will build 30 links and close to 3000 storages to connect 37 Himalayan and
Peninsular rivers to form a gigantic South Asian water grid.
Why we require interlinking of rivers?
Large variation in rainfall and subsequent availability of water resources in space and time.
Because of this variability of availablewater,floodsanddroughtcoexistinourcountryinsame

time and space. ( Kerala, T.N and SouthKarnatakaisfacingdroughtwhileRajasthan,Gujarat,
Assam reeling under floods)
However, River Linking Project involves multifaceted issues and challenges related to
environmental, economic, ecological, legal, political and social costs. It has potential for
disastrous and irreversible adverse after-effects which has been comprehensively discussed
below:
Ecological Costs:
Water scientists and Environmentalists have remarked that the water flowing into the
sea is not waste. It is a crucial link in the water cycle. With the link broken, the
ecological balance of land and oceans, freshwater and sea water, also gets disrupted
ItisfearedthatdiversionofwaterfromtheBrahmaputraandtheGanges,whichprovide
85% of the countrys fresh water flow inthedryseason,wouldresultintoanecological
disaster.
Economic Costs:
As this project is of massive estimatedcost,alongtermplanningandasoundfinancial

simulation are required to meet the standard for such proposals.
The huge expenditure of the project and the maintenance costs associated with the
dams, canals, tunnels, and captive electric power generation will involvehugefinancial
burdens.
This may generate fiscal problems that are difficult to handle.
This certainly requires financial assistance from the private sector as well as global
capital agencies.
Mobilization of global capital may ultimately entail the risk of destroying social welfare
measures.
Environmental costs:
It will result in massive diversion of forest areas and submergence of land leading to
deforestation and soil- erosion.(ForexampleTheKen-Betwalinkprojectputsindanger
over 4,100 hectares of forest land or 8% of the Panna National Park).
There will be destruction of rivers, aquatic and terrestrial biodiversity, fisheries and
groundwater recharge.
Possible downstream impacts, salinity ingress, pollution concentration, and increased
methane emission from reservoirs are other adverse repercussions.
Scientists are also of the view that river diversion may bring significant changes in the
physical and chemical compositions of the sediment load, river morphology and the
shape of the delta formed at the river basin.
It could most likelycreatetriggerpointsofnaturaldisasterslikelandslides,earthquakes
etc. as seen in case of Koyna dam and Tehri dam.
Legal costs:
Domestic and regional geo-politics play a pivotal role on the discussions on ILR. Asof
now, there is no mechanism as of now to deal with matters concerning inter-basin
transfers. There are also important institutional and legal issues to be sorted out.
Each of the 30 schemes of the ILR is supposed to get through several statutory, legal
and procedural steps.
Social Costs:
Reconstruction and rehabilitation due to displacement is not an easy task as seen

before.
The construction of reservoirs and river linking canals in the peninsular component
alone expect to displace more than 5, 83,000 people and submerge large areas of
forest, agriculture and non- agriculture land.
It is likely to create social unrest/psychological damage and cultural alienation due to
forced resettlement of local indigenous tribal community.
Political Implications:
Water being a statesubject,theILRplanfurthercomplicatesexistingwatersharingand

management problems between the riparian states.
Some of the ILR schemes have international implications, which may create strained
relationship with neighboring countries like Bhutan, Nepal and Bangladesh.
Way forward:
NRLP has its fair share of positives and negatives.
Though there are enough apprehensions over the project but they are not backed by any
comprehensive scientific evidence to it. Interbasin water transfer is not a new concept.
Large direct benefits of irrigation, water supply and hydropower and indirect benefits
navigation, tourism, employment generation etc can be accrued in ILR program.
Formation of River Basin Authority for coordinated action and subsequent building up of
consensus among concerned States is prima facie needed.
Legal provisions for implementation of ILR related to rehabilitation and appropriate

afforestation through CAMPA is to be concurrently addressed.
Question 3) Is Cloud Seeding a solution for rising irrigation problems in Indian

Agriculture Sector. Critically examine.
Answer Structure:
CloudSeedingisanartificialtechniqueofinducingrainfallprecipitationthroughdispensationof
chemicals namely, Sodium Chloride, Silver Iodide and Potassium Chloride amidstrainbearing
clouds.
With the country facing consecutive droughts, continued agrariandistress,recurrentmonsoon

failures as a result of climate change, global warming all threaten tomakeagricultureunviable
today, which employs 75 percent of the workforce.
In the backdrop ofgrowingwateruseissuesofagriculture;waterconservationistsandweather

experts have recommended cloud seeding as a potential alternative to resolve this.
Cloud seeding has much success in tropical and semitropical regionssuchasIndiaasseenin

cloud seedingexperimentsofTNandKarnataka.Thecloudseedinghasbeensuggestedasa
solution to rising irrigation problems and is justified in following ways:
The water resource capacity is unevenly distributed and persisting monsoon vagaries
making large tracts of agricultural land still non-irrigatedanddependent,cloudseeding
can be a game changer to the faming distress.
Visible results: The past cloud seeding experiments in TN and Project Varshadhari in
Karnataka have yielded heavy rainfall for at least an hour.

Scientific backing: The research by IITs has shown the increased ability of clouds to
condensate in presence of aerosols.
Easy availability of Common Salt required for cloud seeding
However, as per reports and studiesthesuccessofCloudSeedingisnotguaranteedandis

an unrealistic and unsustainable solution to irrigation problems d
ue to reasons as follows:
Typical Conditions are required as only a certain kind of clouds can be seeded and it
needs to have enough nuclei to process cloud seeding and thunder cloud development.
This cannot be done in dry weather conditions. We can experimentcloudseedingonly
when the cloud is in a developing stage.
We cannot quantify the volume of rainfall that the experiment will bring. This means in
case of excess rainfall it may likely lead to flash floods and cause micro climatic
disasters.
Chemical contamination due to residues in resultant rainfall can destroy planted crops
and degrade soil fertility.
Due to flying of aircraft for long hours, high cost of Silver in Silver Iodide and usage of
weather Doppler Radars, it can be a costly investment as compared to investments in
water conservation, water use efficiency projects.
Undesired results and resource wastage in case clouds shift from target area to other
regions.
Uncertainty: Difficultiesinpredictionofresultantrainfallduetocloudseedingmakesita
non reliable alternative.
These are all reactionary approaches to manipulate the weatherwhichmayprovideshortterm

relief.
Though cloud seeding is helpful in creating artificial rain, it is unrealistic and not a long term
unsustainable solution to irrigation woes. It is no magic wand which will provide sufficient
rainfall by itself.
Increased focus on On-farm wateruseefficiencythroughrigorousimplementationofPMKrishi

Sinchayee Yojana,revivaloftraditionalwaterstoragesandimplementinginstitutionalmeasures
as per Mihir Shah Report on water conservation and recycling are the ways forward.
Avoiding piecemeal approach, Cloud seeding should playasupportingpillartotheabovelong

term irrigation redressal mechanism.
Question 4) What doyouunderstandbyCompensatoryAfforestation?Criticallycomment

on the provisions of Compensatory Afforestation Fund Bill.
Answer Structure:
Compensatory afforestation is defined as afforestation done in lieu of the diversion of forest

land for non-forest use.
The bill seeks to establish a permanent National Compensatory Afforestation Fund under the
Public Account of India and it also allows the states to establish State Compensatory
Afforestation Fund.
Firstly, through this bill an institutional mechanism will be put in place which can lead to
utilisation of funds in an efficient and transparent manner at the centre, state as well as union
territory level, which were hitherto managed under the aegis of ad-hoc body called CAMPA
Secondly, this bill seeks to the proper devolution of funds to the states for compensatory
afforestationpurpose,whichwasalongpendingdemandfromthestatesasitwasonly10%of
the CAMPA funds which were devolved earlier
Thirdly, this programme will lead to creation of productive assets in the rural areas and also
generation of employment opportunities
Fourthly, funds for the programme will be coming from the promoters of various projectswho
will be utilising the forest lands for their projects. So, it willputresponsibilityonthepromoters
to make judicious use of forest resources
Loss of biodiversity: Since it leads to diversion of original forests, the result is

fragmentation, that is, the breaking up of large forest blocks into smaller and more
vulnerable patches. Fragmentation in turn leads to biodiversity loss. Moreover, non-
native species planted in the name of artificial plantation often have served as a threat
to even the existing ecosystem.
Artificial vs original: Natural ecosystems take thousands of years to develop over a
place. Raising artificial plantations elsewhere such as those along the flanks of railway
lines, highways, and so on cant be supposed to have the same biodiversity value as
the original ones. Often, they have a poor survival rate.
Unavailability of land for planting new forests: which hasoftenledtouseofCAMPA
funds for purchasing forest department vehicles or repairing buildings defeating the
original purpose.
Infrastructure development: It could have both restorative and destructive
connotations. Safeguards on what kind of infrastructure CAMPA money should create
need to include wildlife impact assessments.
The bill is a step in right direction however the bill needs to pay more attention towards the
ecological perspective by conserving and protecting the endangered species of wildlife and
trees by utilising the CAMPA funds with the creation of productive assets whilehavingwildlife
impact assessment in mind rather than producing more woods.
Question 5) In view of the multiple sets of rules and sub-regulationsprescribedbyUGC

and AICTE,whichhaveunfortunately,actedasadeterrenttothedevelopmentofpremier
educational institutions, the time is ripe for single unified authority for the regulation of

higher education in the country. In this context, discuss the advantages of HEERA, a
proposed body.
Answer Structure:
With an aim tosimplifyandconsolidatethemassofregulationsandcompliancesthatcurrently

operate in the sector, the Central Government has proposed to do away with the All India
Council for Technical Education (AICTE) and the University Grants Commission (UGC) and
replace them with a single body, tentatively titled Higher Education Empowerment
Regulation Agency (HEERA).
Why does Indias higher education need a reform?
The idea to have a single higher education regulator is not a new one, but has been
recommended by various committees set up by previous governments. While the
National Knowledge Commission (2006) had recommended an
independent regulatory authority for higher education, the Committee on Renovation
and Rejuvenation of Higher Education (2009) had also advocated an apex regulatory
body by converging multiple agencies in the field of higher education.
The TSR Subramanian committee, which had been tasked with coming up with a new
education policy, too called for the scrapping of the UGC and AICTE.
The UGC Review Committee in 2014 had also recommended the commission be
replaced with an apex institution named National Higher Education Authority.
What will be HEERAs role and function?
HEERA is expected to eliminate the overlaps in the jurisdiction and remove irrelevant
regulatory provisions.
It will bring the regulation of both technical and non-technical higher education
institutions under one umbrella.
The way UGC and AICTE have been roundly criticized for their poor handlingofhigher
education so far, HEERA is likely to be structured in a manner that addresses these
deficiencies.
Advantages of HEERA:
The introduction of a unified regulator for both UGC and AICTE would eliminate all
overlaps in jurisdiction and also do away with regulatory provisions that maynolonger
be relevant.
Sponsoring bodies of institutes of higher education would no longer be required to
approach multiple authorities for clearances, which is likely to promote ease of
development of institutions of higher learning.
HEERA is also expected to have sharper teeth than the extant AICTE and UGC: the
HEERA Law is likely to empower HEERA to take strict penal action against defaulting
institutions.

The multiple sets of rules and sub-regulations prescribed by UGC and AICTE,
unfortunately, seem to have acted as a deterrent to the development of premier
educational institutions would be done away with by setting up of a single body.
India has separated technicalandnon-technicaleducationwhichisoutmodedandout
of sync with the rest of the world. Having a single regulator would result in better
outcomes.
Having a single statutory body for higher education will simplify and consolidate the
mass of regulations and compliances that currently operate in the sector.
Conclusion:
The multiple sets of rules and sub-regulations prescribed by UGC and AICTE, unfortunately,
seem to have acted as a deterrent to the development of premier educational institutions.
There has long been a need for change in the regime governing higher education in India.
The separation between the standards governing technical and non-technical education is
seen as unnecessary and illusory. Therefore, the time is ripe for single unifiedauthorityforthe
regulation of higher education in the country.
Question 6) The court may seem tobelievethatactinginpublicinterest,asaguardianof

peoples rights, its powers are unfettered. However, such outright overreach can prove
to be highlyproblematicfortheentiresystemofgovernanceinthecountry.Inthelightof
the above statement critically discuss the consequences of Supreme courts recent ban
of liquor shops on highways.
Answer Structure:
The Supreme Courts order prohibiting the sale of alcohol within 500 meters of national and
State highways highlights the perils of polycentric adjudication.
While our constitution mandatesaseparationofpowersbetweentheexecutive,thelegislature,

and the judiciary, Article 50 of theconstitutionclearlyplacespolicymakingfirmlyinthedomain
of the executive.
For this reason the SupremeCourtsorderhascomeundercriticism.Apartfromitspolycentric

consequences, it has been argued that banning alcohol and micromanaging the distance
from the highways where alcohol cannot be sold is a classic exampleofpolicymaking,and
that the Supreme Court has indulged in judicial overreach.
Intentions of the SC order- Positive perspective:
The stated reason for this order is the overriding imperative of preventing road
accidents due to drunken driving stressing that the apex court acted in interest of
Public.

The SCsaiditwasactingtoenforcetheRighttoDignifiedLifeunderArticle21ofIndian
Constitution in case of State inaction.
India has recently ratified to the BRASILIA DECLARATION as its long term
commitment towards preventing road accidents and road safety.
The Supreme Court also said roadaccidentswasunacceptableduetoitscostsinform
of family sufferings.
Based on road statistics and expert views of National Road Safety Council, Ministryof
Road Transport and Highways, itwaspointedtoDrivingunderInfluenceofAlcoholwas
a major cause of road accidents
Polycentric Consequences: Perspective against the order
Affects separation of powers: The Supreme Courts order to ban liquor along
highways and micromanage the distance between two falls under Executives purview
and hence affects separation of powers under Article 50.
Subverting ways to accommodate: States arenowre-classifyingStateHighwaysinto
local roads following the Supreme Court order on the ban of liquor outlets to subvert
the order for instance The Rajasthan governmentpassedanorderrecentlytoconverta
portion of their State Highway roads passing through populous areas into urban and
district roads.
Revenue Loss: Collateral consequences like lost livelihoods and a substantial hit in
tourism for States such as Goa and Kerala, to name just two. Goa which has closed
30% of liquor shops and loss of revenue from state run liquor shops such as in TNs
TASMAC
Illogical: The judgment ignores the fact that liquor need not be necessarily purchased
alongside highways and that it can be purchased at other places or before starting
journey.
The Supreme Court did not seem to recognize the provision within its jurisdiction in
Article 142 while doing complete justice.
Way Forward:
Thus, while the intentions of public interest behind Supreme Courts directive cannot be
disputed, it has in reality created polycentric consequences and its arguments under article
142 and article 21 is too far fetched.
Better traffic policing like in Maharashtra, continued awareness and information dissemination
about ill- effects of liquor should be promoted.
Ban culture seldom works and respecting each others jurisdiction and Judiciarys self
correcting tendency alone can resolve the so called judicial overreach.
Question 7) Taxing agricultural income is an idea whose time has come. Critically
discuss.
Answer Structure:
Introduction:
The NITI Aayog has recently re-raised an issue of taxing farm income which at present is
exempted from tax under section 10 (1)ofITAct.Thishasalsobeenrecommendedbyvarious
committees such as Y. K. Alagh, K. N. Raj, Kelkar taskforce etc.
Farm income comprises of agricultural income as rent/revenue from land used for agricultural
purposes,incomederivedfromthislandthroughagricultureandincomederivedfrombuildings
on that land provided the building is required as a dwelling house, a storehouse or other
out-building and the land is not situated in any area which is comprised within thejurisdiction
of a municipality or a cantonment board and which has a population of not less than 10,000.
Why Agricultural Income should be taxed?
The economic and governance necessity of such a tax has always been apparent.
Non-agricultural income by large landholders arebeingshownasagriculturalincomeandhave

prevented from being taxed. This triggers the generation and circulation of black money in
huge manners.
This has also been proved by the Planning Commissions study on cooperative farms which
has shown that the exemption provided is being misused in large context.
The underlying argument in the current discussion istobringmorepeopleunderthetaxnetto

expand the tax base and also curb tax evasion because income from other sources isusually
shown as agricultural income and thus evasion is easy.
The exemption for agricultural incomes ends up benefiting medium and large farmers and
agricultural companies, which was surely not the intended outcome.
The agriculture sector has long acted as a tax shelter. Taxpayers wishing to convert black
money into white money show ownership of ancestral property in villages. They are able to
obtain fictitious receipts from traders of agricultural commodities as evidence that they have
produced and sold agricultural produce.
The reality in India is that the agricultural sector is hugely unequal, both in terms of land
holdings and incomes. Almost 70% of farmers havemarginallandholdingsofbelow1hectare
and a very small percentage only 0.4% holds significant lands of over 10 hectares.
Even the proportion of agricultural households holding a decentsizedplotoflandwhichcould

yield a sufficient amount of income for a household, i.e., between 4 and 10 hectares is very
small.
So, just by bringing to tax the incomes of the top 4.1% of total agricultural households, at an
average tax of30%,asmuchasRs.25,000crorecouldbecollectedasagricultureincometax.

The amount that would be brought to tax as a result of plugging the tax loophole would bein
addition to this direct revenue.
Criticisms:
1. Taxing farm income from all the farmers will not be a good idea given the present
circumstancesoffarmersunderhugedebtburdenanderraticnatureofrainfallandfarm
productivity.
2. A majority of farmers in India nearly 60% are small farmers, with small holdings
and a smallmarketablesurplus.Theirincomesareerratic.Thereisnoclimateinsurance
for themwhentherainsfailorintheeventoffloods.Droughtsleavethemreelingjustas
the fury of floods.
3. Very often, when we talk of farmers, we assume they are all men 40% of these
farmers are women who do not have patta (title deed to the land they till) and do not
have Kisan Credit Cards either.
4. The share of agricultural products to GDP has shrunk at an alarming rate from 32%to
15% as compared to high number of workforce involved in this.
5. Taxing will be burden on small landholding farmers who are highly dependent on
agricultural products or even work outside as daily wage labourers to compensate
his/her income.
6. The widespread illiteracy among farmers will lead them to be exploited by tax
authorities.
7. Also with the dynamic nature of productivity will lead the government in difficulties to
identify and monitor the bogus and real beneficiaries.
8. Filing and paying income tax will exclude them out of many social schemes (as an
automatic exclusion criterion) and also this income might not be regular or permanent
which will made them more vulnerable.
Way Forward:
The need of the hour is to factor procurement policy plus pricing policy and the public
distribution system before there is any talk of bringing the sector in the income tax net.
Before we tax, we should aim at increasing the flow of credit, especially to those who are
dependent on the rains, or in coastal and hilly areas, and aim for enhancing the quality and
cost competitiveness of farm commodities to make them globally competitive.
In order to make tax evasion consistently difficult, CBDT must make it mandatory for all
individuals, whodiscloseagriculturalincomeinexcessof,say,Rs20lakh(limitforfamilyRs40
lakh), to provide the following information in their income-tax returns: break-up of agricultural
income into sale value of produce; rent from land and farm house; acres of agricultural land
owned and leased withlocation,cropsgrown,yieldandsalerealizationperacre;anddetailsof
fertilisers, seeds and pesticides purchased.
Since every state has a land ceiling act, this information would ascertain if the assessee is
showing income from more land than prescribed under the act.
Question 8) The risk borne by a single party is extreme in case of both the PPP models
(BoT and EPC). In the light of above statement, explain how Hybrid Annuity Model will
resolve this problem?Alsohighlightitskeyfeaturesandanalyzehowtheadoptionofthis
model can help in completion of stalled projects?
Answer Structure:
Most of the earliest highway projects allocated through PPP mode wereimplementedthrough
BOTTOLL MODE.
Under this modeltheprivatepartyisselectedtobuild,maintainandoperatetheroadbasedon

the fact that which private bidder offered maximum sharing of toll revenue to the government.
Here, all therisks-landacquisitionandcompensationrisk,constructionrisk(i.eriskassociated

with cost of project), traffic risk and commercial risk lies with the private party. The private
party is dependent on toll for its revenues.
The government is only responsible for regulatory clearances. Thus in this model all the risk
was borne by the Private sector.
To solve this Problem Government Brought EPC model.
EPC stands for engineering, procurement and construction. It is a model of contract b/w the
government and private contractor.
The EPC entails the contractor build the project by designing, installing and procuring
necessary labour and land to construct the infrastructure, either directly or by subcontracting.
Under this system the entire project is funded by the government rather than the PPP model
where there is costsharing.Thusitshiftsalltheriskfromtheprivateplayerstothegovernment
and is the other extreme of BOT model where all risk was borne by the private player.
Even though in EPC Model the private sector was absolved of the financing Risk as whole
contribution was made bytheGovernmenthoweveritwasnotasustainablemodelinLongrun
since it suffered from one inherent limitation i.e. the financial resources available with the
government.
Key features of the HAM Model:
Under this thegovernmentwillpay40percentoftheprojectcosttotheconcessionaire

during the construction phase in five equal installments of 8% each.

HAM is a mix of BOT Annuity and EPC models. As per thedesign,thegovernmentwill
contribute to 40% of the project cost in the first five years through annual payments
(annuity).
The remaining payment will be made on the basis of the assets created and the
performance of the developer. Here, hybrid annuity means the first 40% payment is
made as fixed amount in five equal installments whereas the remaining 60%ispaidas
variable annuityamountafterthecompletionoftheprojectdependinguponthevalueof
assets created.
Revenue collection would be the responsibility of the National Highways Authority of
India (NHAI); developers will be paid in annual installments over a specified period of
time. There is no toll right for the developer.
An important feature of the hybrid annuity model is allocation of risks between the
partnersthe government and the developer/investor. While the private partner
continues to bear the construction and maintenance risks as in BOT (toll) projects,itis
required only to partly bear the financing risk. The developer is insulated from
revenue/traffic risk and inflation risk, which are not within its control.
How the adoption of this model can help in completion of stalled projects?
In the hybrid annuity model, one need not bring 100 per cent of finance upfront and
since 40 per cent is available during the construction period, only 60 per cent is
required to be arranged for the long term.
It would be easier for Private Players to raise the remaining 60% fund from theMarket
since Lending for hybrid annuity- modelled projects would be comparatively easier as
there is no traffic risk associated.
Lenders would be comfortable as the execution risk is less for contractors as the
bidding rolls out only after 90% land is available.
This makes itattractiveandviablefortheprivateplayertoinvestinHighwayprojectsas
In last few years many of the highway projects were stuck due to Lack of fund
availability for private players due to high NPA,s of the banks and lack of long term
financing options in India. This will help in completion of stalled Projects.
Question 9) Critically analyse Indias deepening strategic relationship with Israel and its
benefits for both the countries.
Answer Structure:
India-Israel diplomatic relationship started since 1992 and we have moved with much pace in
order to strengthening the relationship further.
Since the Upgradation of relationship, defence and agriculture have been the main pillars of
bilateral engagement. In recent years bilateral ties have expanded toareassuchaseducation,
science & technology, homeland security, space technology and water management etc.
Benefits of India-Israel Relationship:
Since 1991, withthebreakupofSovietUnionandendofColdWar,Indo-Israelrelations

have improved substantially.
Defence sector has been guiding light in the development of relations.
From Buyer-Seller relationship, today India and Israel are moving towards Joint
production of defense equipment, which dovetails well into Indias Make in India
initiative and attaining strategic independence in defense equipment.
Relations are diversified to also include agriculture, Nanotechnology, space research
and an understanding on counter-terrorism.
These above reasons and huge goodwill that India generates among Israeli population
makes one to call them strategic partners and natural allies.
Criticisms to deepening ties between India and Israel:
However, India should continue its Multi-vectored approach towards its diplomacy and build
multiple alliances and resist the temptation to call Israel as its natural ally because of the
following reasons:
Iran, the Israels natural enemy is the only possible land route to India to reach the
resource rich Central Asia in case the situation in Afghanistan goes against Indian
interests.
Presence of huge Muslim population in India requires it to maintaingoodrelationswith
Arab world, which opposes Israel.
India needs the help of SaudiArabiaasmuchasIsraeltocounterterrorismandalsofor
fulfilling its energy security.
Human right violations of Israel in Gaza and west Bank might become a headache for
India, which is so far a principal supporter of Palestine cause.
Our economy is heavily dependent on the oil & petroleum from the Islamic nations of
west Asia. Millions of Indians work and send back billions of dollars to India as
remittances. We have a lot of goodwill amongtheseIslamicnationsgeneratedoverthe
decades, which was visible during Operation Raahat evacuation of Indians from
Yemen. Over emphasis on Indo-Israel relationship may jeopardize relations with other
Arab nations.
Indias shifting stand in UN on Human Rights violation in Palestine can damage its
image as non-aligned country and country who always stood along weak countriesfor
their just demand. If India wants its permanent seat in UNSC, it needs to have
consistent stand against human rights violations.
Conclusion:
GiventhecircumstancesIndiahave(surroundingwiththehostileneighbours)areliabledefence
partner is always in benefit of India which Israel has proved on time to time.
However, there are many positive outcomes of deepening ties with Israel, but diplomacy with
surrounding nations have to be handledverycarefullyandwithutmostimportanceasIndiawill
need other nations also in order to have strategic cooperation and also to secure its energy
security.
Question 10) What are the merits of the idea of conducting simultaneous elections for
state assemblies and Parliament? AretherecompellingreasonsforIndiatoconsiderthis
option? Critically examine.
Answer Structure:
Recently, the concept of simultaneous election in India has been reinitiated which entails for
holding elections for Lok Sabha (Lower House) and State Legislative Assemblies together
which was in practice prior to 1967.
The idea behindthisistocurbpolicyparalysis,improvementingovernanceandtomoreextent

limit the exchequers burden. The topic is a hotissuefordebateandinvolvesvariouspointsto
discuss.
Merits for holding Simultaneous Elections:
It will have similar period for imposition of Model Code of Conduct during which the
developmental activities are put on hold and the time afterwards can be used for
strengthening governance and also more concentration will bring more stability in
governance. This Model Code of Conduct also effects the functioning of bureaucracy,
which can also be taken care of.
Elections in India are thought to be a big-budget exercise. Simultaneous election will
limit the Expenditure. This savings can be utilized in other developmental activities.
Simultaneous Elections will improve law and order problem as frequent elections tend
to disrupt the normal public life and affect the functioning of essential services.
Frequent elections lead to frequent disruption of road traffic bypoliticalralliesandalso
lead to noise pollution.
It is evident that crucial manpower is often deployed onelectiondutiesforaprolonged
period of time. If simultaneous elections are held, then this manpower would be made
available for other important tasks.
Are there any compelling reasons for India for conducting simultaneous elections?
No, we dont see any compelling reasons for conducting simultaneous election in India at
present because:
Indias elections areneitherasexpensiveasitisthoughttobenordoesithavetobeas

disruptive to national governance as it is made out to be.
Over a five-year cycle, the government incurs a total of Rs 8000 crore for allelections.
This works out to roughly Rs 1,500 crore every year or a paltry Rs 20 per voter per year.
To put this in context, Indias annual GDP is Rs 150 lakh crore. Every single year,
Indias public sector companies alone lose 20 times more money than it costs tokeep
India a vibrant electoral democracy(asmorefundforpoliticalpartiesarecollectedfrom

corporate). This notion that the government cansaveenormoussumsofmoneytohelp
lift millions out of poverty by holding simultaneous elections is plain outlandish.
MCC by election commission regulates the party in power and restricts certain capital
expenditure projects of an incumbent government once electionsarecalled.Moreover,
it is noted here that if MCC is in force in one state, the other states are free to launch
developmental activitiesasweareplanningmoredevolutionoffundstothestates(14th
Finance commission recommendation and also claimed by the NITI Aayog).
There is no holding of developmental activitiesacrossIndiawithfrequentelection,then
why simultaneous election is being thought.
However, simultaneous election also involves some challenges:
If both the elections are held together for instance in 2019, what will happen to the
assemblies elected in 2017 and 2018? Will they be dissolved?
This will take the states power granted under Article 172 (1) of the constitution that
allows an elected state government to recommenddissolutionoftheassemblyandcall
for elections.
Under a simultaneous elections regime, the state will be beholden to the Union
government for elections to its state, which goes against the very grain of political
autonomy to states under our federal structure.
According to Article 85 and Article 174, elections to Lok Sabha and Legislative
assemblies have to be heldwithinsixmonths(respectively)ofdissolvingeitherofthem.
So how can it be feasible if elections are held only at fixed durations?
Now, when the multi party democracy is a reality, it shows the polycentric voter
diversity. How can there be simultaneous elections when there are different parties at
the Centre, State, and local bodies?
Conclusion:
Election brings the governed and the people who govern closer to each other. Hence, any
trampling with the process which can possibly clutter the voters choice is unwarranted and
lead to a deficit of democracy.
The challenges in the present system are genuine.However,thereareotherpossiblesolutions

which can be tried. As several political thinkers have said,Indiandemocracyisauniquecase
of a successful functional democracy with a vast diversity.
The highlight of this diversity is the choice and opinion. Hence, any amendments to the
democracys largest festival should not be fraught with damaging the democracy itself.
Question11)Secularismandculturalintegrationaretwoimportantvaluesthatneedtobe
taught to matriculation level students. What will be best way of teaching these values
and what will be its merits?
Answer Structure:
At a time, when we notice cases of communal disturbance,itisessentialthechildrenfromthe

beginning are inculcated with values of secularism and cultural integration.
The best way of teaching them is through inculcating ethics of national integration, involving
them in religious matters of various faiths by celebrating festivals.
The schools should plan a suitable curriculum, organise debates and symposiums and take
students for visits to religious places of different faiths.
It is important to teach them against cynicism and self centeredness. If they realize from
beginning positivefaithsofvariouscommunities,theywontdevelophatredagainstaparticular
religion.
The merit lies in fact that the children, in schools are not too much familiar with communal
tensions and if they are taught values of secularism and culturalintegrationatrighttime,itwill
be good in the longer run.
Having a good set of values will not allow them to get affected by people who try to
disintegrate society on thin lines of communalism.
Question 12) X is the Private Secretary to Y who is M.D. of a big private enterprise that
manufactures baby food. One day Y calls the chief chemist Z and suggests to dilute
some of the most important ingredients which are very important for the children. The
purpose of dilution is to earn more money. X overhears the entiredialoguebetweenY
and Z. He is in dilemma as what to do under the given situation.
(a) What are the various options available to X?
(b) Suppose X comes to you with all his options, what suggestion you would give him
along with justifications.
Answer Structure:
Y has wrong intentions of adding the ingredients to the baby food. He merely wants to earn
more money and for doing so, he is ready to compromise with health of children.
The various options before X are:
He can request MD and tell him it is unethical and can harm children. The company maylose
its credibility if the news comes in public.
He can ask chemist not to dilute the ingredients and try to convince him that it is wrong. The
chemist may however go to the MD and tell about him.
He can inform the Independent Director (representing the interest of consumer) directly or
through some member. It is possible that the board after coming to know about the situation
will look into the matter.
There are various options available to X. Disclosing the matter might pose a threat to his job.
However, if he keeps mute on the issue, it is liable to bring bad name to the enterprise.
He should first try to convince his boss that it is unethical to carry suchwrongpracticejustto
earn more money.
He cangotothechemistandseekhiscooperationinensuringthattheimportantingredientsin
the food are not diluted.
Even it the above options do not bring fruitful results,thelastresortshouldbetohaveenough

sacrifice capacity for the good of the children even if it involves quitting job. Just to save his
job, he should not compromise with the life of the childrenotherwisehewouldalsobeequally
responsible for supporting the MD in his wrong deeds.
Week-3
10-17 September 2017
Question 1) What hurdles exist in making India acashlesseconomy?Discussbenefitsof

becoming a cashless economy and suggest how government can speed of this
transformation.
Answer structure:
A cashless economy is one inwhichallthetransactionsaredoneusingcardsordigitalmeans.

The circulation of physical currency is minimal.
India uses too much cash for transactions. The ratio of cash togrossdomesticproductisone
of the highest in the world12.42% in 2014, compared with 9.47% in China or 4% in Brazil.
Hurdles:
Availability of internet connection and financial literacy.

Though bank accounts have been opened through Jan Dhan Yojana,mostofthemare
lying un operational. Unless people startoperatingbankaccountscashlesseconomyis
not possible.
There is also vested interest in not moving towards cashless economy.
India is dominated by small retailers. They dont have enough resources to invest in
electronic payment infrastructure.

The perception of consumers also sometimes acts a barrier. The benefit of cashless
transactions is not evident to even those who have credit cards. Cash, on the other
hand, is perceivedtobethefastestwayoftransactingfor82%ofcreditcardusers.Itis
universally believed that having cash helps you negotiate better.
Most card and cashusersfearthattheywillbechargedmoreiftheyusecards.Further,
non-users of credit cards are not aware of the benefits of credit cards.
Benefits of Becoming Cashless Economy
1. Reduced instances of tax avoidance because it is financial institutionsbasedeconomy

where transaction trails are left.
2. It will curb generation of black money
3. Willreducerealestatepricesbecauseofcurbsonblackmoneyasmostofblackmoney
is invested in Real estate prices which inflates the prices of Real estate markets
4. In Financial year 2015, RBI spent Rs 27 billion on just the activity ofcurrencyissuance
and management. This could be avoided if we become cashless society.
5. It will pave way for universal availability of banking services to all as no physical
infrastructure is needed other than digital.
6. There will be greater efficiency in welfare programmes as money is wired directly into
the accounts of recipients. Thus once money is transferred directly into a beneficiarys
bank account, the entire process becomes transparent. Payments canbeeasilytraced
and collected, and corruption will automatically drop, so people will no longer have to
pay to collect what is rightfully theirs.
7. There will be efficiency gains as transaction costs across the economy should also
come down.
8. 1 in 7 notes is supposedtobefake,whichhasahugenegativeimpactoneconomy,by
going cashless, that can be avoided.
How government can speed of this transformation?
Open Bank accounts and ensure they are operationalized.

Abolishment of government fees on credit card transactions; reduction of interchange
fee on card transactions; increase in taxes on ATM withdrawals.
Tax rebates for consumers and for merchants who adopt electronic payments.
Making Electronic payment infrastructure completely safe and secure so that incidents
of Cyber crimes could be minimized and people develop faith in electronic payment
system.
Create a culture of saving and faith in financial system among the rural poor.
The Reserve Bank of India too will have to come to terms with a few issues, from
figuring out what digital payments across borders means for itscapitalcontrolstohow
the new modes of payment affect key monetary variables such as the velocity of
money.
RBI will also have to shed some of its conservatism, part of which is because it has
often seen itself as the protector of banking interests rather than overall financial
development.
Question 2) Discuss the salient features oftheMaternityBenefit(Amendment)Bill,2016?

It is considered that the bill will provide women with much needed work life balance.
Critically analyse.
Answer structure:
The Maternity Benefit (Amendment) Bill, 2016 that seeks to amend the old Maternity Benefit
Act, 1961 that entitles women to receive maternity benefits has been passed by the Parliament.
It is considered that the bill will provideWomenwithmuchneededworklifebalancesince

it has following provisions:
1. Expecting mothers who are working in the organised sector cannowavail26weeksof

paid maternity leave instead of 12 weeks.
2. Bill allows 12 weeks of paid maternity leavetomotherswhoareadoptingachildbelow
the age of three months and also to commissioning mothers who opt for surrogacy.
3. This entitlement is applicableonlyuptofirsttwochildren.Forthirdchild,theentitlement
will be for only 12 weeks. Theleavesfurtherreducetosixweeksifthewomanwantsto
become a mother for the fourth time.
4. It makes it mandatory for employers with 50 or more employees to provide crches in
close vicinity of the workplace, and by allowing women up to four daily visits to the
crche.
5. The enhancement of paid maternity leave for women is a progressive step and would
benefit about 1.8 million women in the organised sector.
However:
An increase in maternalleaveandamandatetoprovidecrchesmightresultinadverse
incentives for employers to hire women.
The Bill ignores roughly 90 per cent of the Indian women who are employed in the
unorganised sector which includes domestic workers, agricultural labourers, seasonal
and construction workers.
The Bill continues to reinforce the stereotype about childcare being exclusively a
womans responsibility and excludes paternity leave from its ambit.
It discriminates against almost all adoptive mothers, particularly thosewhoadoptolder
babies or children. It also discriminates against adoptive fathers and transgendered
persons who may adopt, as it does not recognise their right to parental benefits.
Conclusion:
The long list of barriers that women face in accessing employment opportunities, such as the
risk of exploitation particularly in the informal sector, the lack of wage parity, concerns
regarding safety and security, etc., need to find a solution.
Indias problem is not just about ensuring womenreturntotheworkforceafterchildbirthbutin

bringing women into the workforce in the first place. Resolving this will require more than just
maternity leave.
Question 3) It is commented that Criminal defamation law have a chilling effect on

freedom of expression. In the light of the above statement do you think that Criminal
defamation should be amended. Critically comment.
Answer structure:
Recently Supreme Court of India in Subramanian swamy case upheld the validity of the
criminal defamation law.
It is commented by many experts that Criminal defamation law have a chilling effect on
freedom of expression and therefore Criminal defamation should be amended.
Why Criminal defamation law should be amended?
1. These restrictions have a chilling effect on freedom of speech; they create an anomaly
whereby the threshold for criminal prosecution for defamation is now possibly lower
than the threshold for civil damages;
2. Constitutional fraternity is not a part of Article 19(2) of the Constitution, which
specifically limits the circumstances under which the state can restrict speech to eight
enumerated categories.
3. It is also nowhere in the fundamentalrightschapteroftheConstitution,sothequestion
of balancing free speech against constitutional fraternity does not arise.
4. Article 21 which is a shield to protect the individual against State persecution or
indifference, is used as a sword to cut down the fundamental right to freedom of
speech and expression because of this provision.
5. Freedom of speech and expression of media is important for a vibrant democracyand
the threat of prosecution alone is enough to suppress the truth. Many times the
influential people misuse this provision to suppress any voices against them.
6. Considering anecdotal evidence, every dissent may be taken as unpalatable criticism.
Sections 499 and 500 of IPC prescribes two years imprisonment for a person found
guilty of defamation.
Why Should law be retained as it is?
Reputation of an individual, constituent inArticle21isanequallyimportantrightasfree

speech
It has interpreted art 21 to provide for righttoreputationandbroughtanewconceptof
constitutional fraternity that is, an assurance of mutual respect and concern foreach
others dignity.

The Supreme Court declared that the right to free speech under Article 19(1)(a) had to
be balanced against the right to reputation under Article 21.
It has been part of statutory law for over 70 years. It has neither diluted our vibrant
democracy nor abridged free speech
Protection for legitimate criticism on a question of public interest is available in the
Civil law of defamation & Under exceptions of Section 499 IPC
Mere misuse or abuse of law can never be a reason to render a provision
unconstitutional rather lower judiciary must be sensitized to prevent misuse
Monetary compensation in civil defamation is not proportional to the excessive harm
done to the reputation.
Conclusion:
While the right to reputation may be protected by the Constitution,itshouldnotbeatthecost

of freedom of speech.
Free speech is necessary because, it enables the media to hold governments and individuals
accountable. Freedom of speech should also protect the right to offend within reasonable
limits.
If the ability to legitimately criticize is not protected, voices throwing light on important issues
will continue to be silenced by the rich and powerful.
Question 4) It is commented that Criminal defamation law have a chilling effect on

freedom of expression. In the light of the above statement do you think that Criminal
defamation should be amended. Critically comment.
Answer structure:
The Union Cabinet has cleared a proposal to extend proxy voting to overseas Indians by
amending electoral laws.
Proxy voting is a type of voting whereby a member can delegate his or her voting power to a
representative, to enable a vote in their absence.
The representative can be another member of the same body, or external. A human so
designated is known as a proxy. Presently, only service personnel are permitted to vote
through proxy.
Pros:
The governments decision to allow NRIs to vote could emerge as a decisive force in
the countrys electoral politics as there are 114 countries that conduct such voting.
It will enable India to provide voting rights to NRIs which are enshrined to be given
under Article 326.

This decision also, historically,removesanunreasonablerestrictionposedbySection
20(A) of the Representation of the People(Amendment)Actof2010,requiringoverseas
electors to be physically present in their constituencies to cast their votes.
There are 10 million Indian citizensstayingabroad.Theadditionalvotes,polledthrough
this way, will obviously play a crucial role in state and general elections.
The traditional argument against such external voting has been that NRIs lack
knowledge of domestic conditions.But,todaywithincreasedawarenessamongpeople
who live in other nations, Indias move towards enabling voting from overseas is an
instance of a larger global trend towards increased citizen participation.
Cons:
There are arguments that a provision of proxy threatens theverycoreofdemocracyas

how canwegivespecialprivilegeofdistancevotingtosomepeoplewhohavemigrated
abroad when there are many times more domestic migrants who also seek to have a
voting rightattheirhomes?Itispatentlydiscriminatory.IfapersonfromBiharmovesto
Delhi or Mumbai in search of a job or education, he loses his right to chose his
legislator in his village but if he goes to London, he will be entitled to special privilege.
It cannot be guaranteed that the proxy voter will vote as per the wishes of the actual
voter. The method of proxy voting suffers from an inherent problem of trust deficiency
and violates the principle of secrecy of voting.
Voting from abroad is fraught with other practical challengeslikeconfirmingNRIvoters
before every election and ensuring their post is received on time.
There can be no guarantee of NRI voters exercising their vote inafreeandfairmanner
as there can be no check on coercion or inducements by the employers.
There is no guarantee that votes would not be sold to the so called proxy.
The commission would have to fix the number of votes a proxy could cast in an
election. This calls for a drastic amendment to the Representation of People Act. For,
currently the Act permits a person to cast only one vote and on introducing the new
system, it would have make amendments and also fix the number of vote a person
could cast.
Conclusion:
Ascertaining the genuineness of the proxy selected by an NRI for casting vote would be the
toughest challenge.
Before experimenting it in Lok Sabha or Assembly elections, the Election Commission would
have to devise a system or work out norms to ensure that a proxy delegated by an NRI is
voting as per his desire.
Question 5) Discuss the pros and cons of having permanent river water tribunal in India
where there is significant number of such disputes.
Answer structure:
In view of the ongoing water disputes in the country, Union Cabinet has proposed to have a
permanent tribunal that will subsume existing tribunalsandisexpectedtoprovideforspeedier
adjudication.
Problems in the Present Set up:
With increasing demand for water, inter-state river water disputes are on the rise.
Under the present Act, a separate Tribunal has to be establishedforeachdisputeandthereis

no time limit for adjudication or publication of reports.
Only three of the eight tribunals have actually given awards accepted by the states. Tribunals
like those on the Cauvery and Ravi Beas have been in existence for over 26 and 30 years
respectively without any award.
Features of the new structure:
A single, permanent tribunal subsuming all the existingtribunalsisproposedtobeestablished

to resolve grievances of states with speed and efficiency.
The proposed tribunal is expected to deliver its verdict within a span of three years.
Pros:
A permanent tribunal to adjudicate river water disputes between States will

undoubtedly be a vast improvement over the present system of setting up ad hoc
tribunals as it is expected to provide for speedier adjudication.
An expert agency to collect data on rainfall, irrigation and surfacewaterflowsacquires
importance and looks likeanidealmechanismtoapportionwaterbecauseparty-States
have a tendency to fiercely question data provided by the other side.
The Dispute Resolution Committee, an expert body that will seek toresolveinter-State
differences before a tribunal is approached will discourage for needless litigation.
Water disputes are highly politicised and a strong public opinion forms around these
issues. A single tribunal would address this issue as it would not be questioned for
being politically biased.
Cons:
Given the number of ongoing inter-State disputes and those likely to arise in future, it
may be difficult for a single institution with a former Supreme Court judge as its
chairperson to give its ruling within three years.
The finality and enforcement of a tribunals award may remain elusive as its
interlocutory orders as well as final award are likely to be challenged in the Supreme
Court. .
The benches of the permanent tribunal are going tobecreatedtolookintodisputesas
and when they arise. It is not clear in what way these temporary benches would be
different from the present tribunals.

There is a severe lack of comprehensive data that looks at hydrology, meteorology,
ecology and economy in an integrated fashion. Without having that data backbone, it
will be difficult for a state-level tribunal or a central body to solve any issue.
The new tribunal does not address the problem of non-compliance by state
governments like in the recent Beas-Satluj Tribunal award.
Conclusion:
Having an institutional mechanism is one thing, but infusing a sense of responsibility in State
governments is quite another. Water disputes have humanitarian dimensions, including
agrarian problems worsened by drought and monsoon failures.
The Centres proposal to set up a single, permanent tribunal, subsuming all existing ad hoc
tribunals, to adjudicate on inter-state river water disputes could be a major step towards
streamlining the dispute redressal mechanism.
But it alone will not be able to address the different kinds of problemslegal, administrative,
constitutionalandpoliticalthatplaguetheoverallframework.Institutionalmechanismsshould
be backed by the political will to make them work.
Question 6) Transgender Rights Bill 2016 is grossly ignorant of the very issues it is
attempting to address Critically comment.
Answer structure:
Transgender community is facing utmost discrimination in India. In India, radical mindsets

always see transgenderasinferiorandconnecttheirbirthastheresultofsinscommittedinthe
previous birth.
They have been separated from mainstream of society. In order to end this discrimination,
government has enacted transgender right bill 2016.
Some of the crucial provisions of the bill are:
Certificate of identity: A transgender person must obtain a certificate of identity as proof of

recognition of identity as a transgender person and to invoke rights under the Bill. Such a
certificate would be granted by the District Magistrate on the recommendation of aScreening
Committee. TheCommitteewouldcompriseamedicalofficer,apsychologistorpsychiatrist,a
district welfare officer, a government official, and a transgender person.
Rights of transgender and duties of government: The central and state governments must
take steps to ensure that transgender persons enjoy right to equality and protection from
discrimination.
The government must also ensure that transgender persons have accommodation, protection
from torture, etc.
Health: The central and state governments must take steps to provide health facilities to
transgender personsincludingseparateHIVsurveillancecenters,freeofcostsexreassignment
surgeries, etc.
Education: Educational institutions fundedorrecognizedbythegovernmentwillhavetoadmit

transgender students without discrimination, provide accommodation and necessary support.
Employment: Public or private establishments (including companies, unions, factories, etc.)

will be prohibited from discriminating against transgender persons in matters related to
employment including recruitment and promotion.
Further, transgender persons may be declared a Backward Class so that they can be entitled
to reservation under the Other Backward Class category.
Criticisms/Shortcomings of the proposed legislation:
Procedure sought tobeadoptedforidentificationoftransgenderundertheBillinunacceptable

to human right groups. It makes a provision for a districtscreeningcommitteeledbyadistrict
magistrate to certify a persons third gender identity which was found unacceptable.
Under the current definition the usage of the phrases like transgender person has been
categorized as:
(a) neither wholly female nor wholly male; or
(b) a combination of female or male; or
(c) neither female nor male.
This by itself was both inappropriate and derogatory.
Another important issue which had been ignored was the exclusion of transgender
communitieseach with its ownsetofbeliefs,practicesetc.asopposedtorecognitionofonly
a transgender individual under the Bill.
It doesnt resolve the contradiction between self-identity and the need for certification by the
government
It provides forwelfareschemes,butlacksaclearmechanismwhichdoesntsayhowtoaccess
them.
No rights and reservations are promised to the transgender and fails to differentiate between
interstate and transgender
No amendment of other operating laws related to marriage, property rights for transgenders
are undertaken.
The bill is silent on the issue of section 377 of IPC that criminalizes unnatural sex from same
sex individuals.
Absence of awareness programmes to sensitize the general population.
While there is no shame in being a gay, lesbian, bisexual, transgender or intersex or even
straight - there is shame and dishonour in being a homophobe, a transphobe and a bigot.
Other state governments should adopt and emulate the transgender policies of Kerala and
Odisha government.
The Central Government needs to amend some of the provisions that would accommodate
and realize the true objective of mainstreaming the marginalized community.
Social andeconomicinclusionofthismarginalizedcommunityisimperativetomeetingthetrue
aspirations of our founding fathers.
Question 7) According to many experts by passing Child Labour (Prohibition and

Regulation) Amendment bill, 2016 in its present form, India has failed its children.
Discuss?
Answer structure:
As per International Labour Organization, child labour refers to work that deprives children of
their childhood, their potential and their dignity, and that is harmful to physical and mental
development.
A 2015 report by the InternationalLaborOrganization(ILO)putsthenumberofchildworkersin

India aged 5to17at5.7million,outof168millionglobally.Mostofthesechildrenareengaged
in the unorganized and unregulated sector forming the disempowered bulk of the countrys
invisible labor force.
Despiteearlierbansonchildrenunder14workinginhazardousindustries,hundredsofchildren
continue totoilinfactories,evendangerousmines,whereentirefamiliesarevirtuallybondedto
contractors.
It was precisely to address this social inequity, and human rights infractions, that India
recently amended the long-overdue and controversial Child Labor (Prohibition and
Regulation) Amendment Bill, after 30 years.
Some of the key provisions include:
1. The amendments intend to preserve Indian art and craft by enabling parents with
traditional skills to pass them onto their children.
2. The setting up of a Child and Adolescent Labour Rehabilitation Fund will help to
improve the condition of the children and sponsor education for them.
3. It prescribes more stringent penalty for Violators and high term of jailandfinewithnon
bailable charges.
4. It gives more autonomy to various institutions involved in child labour protection
rehabilitation and redevelopment empowering the government to make periodic
inspection of places.
However, this legislation is being criticized by human right activists and experts for its
flawed nature due to the following reasons:
Under the mask of family work: The new exemption now allows children to work for
family businesses after school hours and during holidays, which will give legal
sanction to their continued exploitation thanks to the omnibus term. Under the new
Child Labor Act, some forms of child labor may become invisible and the most
vulnerable and marginalized children may end up with irregular school attendance,
lower levels of learning, and could be forced to drop out of school.
The flawed definition of family and family enterprises: This bill uses Indian family
values to justify economic exploitation of children. It is misleading the society by
blurring the lines between learning in a family and working in a family enterprise
Inconsistent with UNICEFs Critical Clause: By allowing children to work before and
after school hours, the bill contravenes theirmostfundamentalrighttoachildhoodand
their entitlement to live a life with dignity as guaranteed by the constitutionandthethe
UN Convention on the Rights of the Child, to which India is a signatory.
Reversing the gains: In 1986, the Child Labour (Prohibition and Regulation) Act had
after much discussion and expansion included 83 occupations. The new amendment
reverses the gain by bringing down the list of hazardous occupations for children to
include just mining, inflammable substances and explosives.
Open discretion of government authorities: Further, the occupations listed as
hazardous can be removed, according to Section 4 not by Parliament but by
government authorities at their own discretion. This leaves it to open discretion.
Non-uniform implementation: List of hazardous factories can be amended by the
state government, thus, leading to non-uniform implementation of this act.
Making lawful what was unlawful earlier: It allows that the children may work after
school hours or during vacations, thus, actuallymakinglawfulalargepartofchildwork
that was earlier unlawful.
Roughly defined purpose of Fund: Funding from child rehabilitation fund is not
directly linked to educationanddevelopmentratheritaimstowardsthesegoalswithout
any mentioned method thus not giving any specific list of objectives.
Way forward:
IftheamendmentsintendedtopreserveIndianartandcraftbyenablingparentswithtraditional
skills to pass them on to their children, this should be done through reform and investment in
education.
Slashed budgets should be restored; mid-day meals should re-instituted; and secure housing
should be provided through the Sarva Shiksha Abhiyan boarding schools to homeless children.
Artisans should be hired as teachers to pass on traditional knowledge and skills to the next
generation. Though theincreasedpenaltyandrehabilitationfundarewelcomeinclusionswhich
will act as deterrent and provide relief to child labour.
However, the amended Act, display a lack of national commitment to abolishing all forms of
child labour and donotresonatewiththeconstitutionalobjectivesofeliminationofchildlabour
in India (Article 15(3), Article 24, Art 39(e), Art 45, Art 21A).
Children are future of a country and their holistic development must be the sole aim of a
country and this requirement becomes more important for a developing country like India
which has a significant part of its population in the working age.
So let us not fail our children as per Kailash Satyarthi and set the right imperative by
overcoming all the shortcomings.
Question 8) What do you understand by Fake news. Discuss its dangers in multicultural
and democratic country like India. What needs to be done to prevent this phenomenon?
Answer Structure:
Fake news is a type of yellow journalism or propaganda that consists of deliberate

misinformation or hoaxes spread via traditional print and broadcast news media or online
social media.
Fake news is written and published with the intent to mislead in order to gain financially or
politically, often with sensationalist, exaggerated, or patently false headlines that grab
attention.
Dangers in multicultural and democratic country like India:
Peoples faith in social, print and electronic media reduces which could affect the
benefits of these Media.
It can lead to violence between two or more communities thereby creating enmity and
hatred between them.
It can disturb the social fabric of the society andtensionsamongcommunitiespersists
for long times.
It reduces the tendencies of cooperation between different communities.

Political parties try to gain political advantages by polarizing the voters mind which
further intensifies the tensions between different sections of society.
Politics of development takes back seat and communal tendencies emerge in politics.
In its purest form, fake news is completely made up, manipulated toresemblecredible
journalism and attract maximum attention and, with it, advertising revenue.
Political campaigning has progressed from mere appeals in the name of identity or
loyalty or tall promises to something akin to psychological warfare.
Parties that masterthetoolsofsuchpsychopshaveadistinctedgeoverthosestuckin
the traditional mud. Fake news spreads on social media.
How to tackle it:
1. The government must take the initiative to make allsectionsofthepopulationawareof

the realities of this information war and evolve a consensus to fight this war. It must
also take strict action
2. News being spread using chatbots and other automated pieces of software should
automatically beselectedforspecialscreening.Ordinaryconsumersofnewscanplaya
big role by, first, waking up to the reality that all they read on WhatsApp andTwitteris
not the gospel truth, and then, by refusing to pass on what they cannot independently
verify with other sources.
3. Websites that mimic well-known, credible media outlets in their name should be
exposed with the vigour with which jokes are shared on social media.
4. An ombudsman deals with the credibility of news sources, it gains the privilege to
ensure facts are reported
5. Government should have independent agency to verify the data being circulated in
social and other media. The agency should be tasked with presenting real facts and
figures.
6. Government should have mechanism for immediately issuing of notice against
sites/people/agencies involved in spreading fake news.
7. There should be a provision of effective balances and check of filtering fake posts
before it getting viral.
8. Social media websites should be made accountable of such activities so that it
becomes their responsibility to have better controlling restricting the spread of fake
news.
9. Government should take active measures for promoting awareness among people
about fake news and their consequences.
10. Government should enlist penal provisions to perpetrators of fake news if it causes
violence or deaths.
11. Government should make mandatory for Print and Electronic media to have internal
mechanism for verifying incidents, facts and figures.
Question 9) TheUnioncabinetsdecisiontomerge-and-consolidateIndiaspublicsector
banks (PSUs) is in directoppositiontothepost-2008-crisisconsensusthatbigbanksare
a systemic risk to their national economies. In the light of the above statement discuss
the pros and cons of merger of Banks in India?
Answer Structure:
Introduction:
Post 2008 crisis, the financial vulnerability of marked and banks have been witnessed
practically by all major countries of the world.
Rising Non-Performing Assets in India, growing financial burden over the banks, leveraging
management etc.hascompelledIndianGovernmenttomergeseveralsmallbankswithonebig
bank. The decision will facilitate consolidation among the nationalized banks to create strong
and globally competitive banks.
Pros:
Merger will help Banks, to expand its coverage beyond its outreach gearing up small
banks at par with international standards for innovative products and services withthe
accepted level of efficiency.
This will also help in improving the professional standardsbyendingtheunhealthyand
intense competition among Banks. In the global market, the Indian banks will gain
greater recognition and higher ratings with improved competitions.
Technical inefficiency is one of the main factors responsible for banking crisis. The
scale of inefficiency is more in case of small banks. Hence, merger would be good.
The size of each business entity after merger is expected to add strengthtotheIndian
Banking SystemingeneralandPublicSectorBanksinparticular.However,thestrength
of the Bank is going to be increased with more effective and centralized management.
Synergy of operations and scale of economy in the newentitywillresultinsavingsand
higher profits.
A great number of posts of CMD, ED, GM and Zonal Managers will be abolished,
resulting in savings of crores of Rupee.
Customers will have access to fewer banks offering them wider range of productsata
lower cost.
Mergers can diversify risk management as the recapitalization burden to the PSBs on
the central government in case of crisis will come down substantially which willhelpin
meeting more stringent norms under BASEL III, especially capital adequacy ratio.

From regulatory perspective, monitoring and control of less number of banks will be
easier after mergers. This is at the macro level.
Cons:
Immediate negative impact of merger would be frompensionliabilityprovisions(dueto

different employee benefit structures) and harmonization of accountingpoliciesforbad
loans recognition.
Mergers will result in shifting/closure of many ATMs, Branches and controlling offices,
as it is not prudent and economical to keep so many banks concentrated in several
pockets, notably in urban and metropolitan centers.
New power centerswillemergeinthechangedenvironment.Mergerswillresultinclash
of different organizational cultures. Conflicts will arise in the area of systems and
processes too. The weaknesses of the small banks may get transferred to the bigger
bank also.
Also, India right now needs more banking competition rather than more banking
consolidation. In other words, it needs more banks rather than fewer banks. This does
not mean that there should be a fetish about small-scale lending operations, but to
know that large banks are not necessarily better banks.
Conclusion:
Given theeconomicscenarioconsideringtheincreasedbankinginclusioninIndiathemergeris
a good step to reach the far flung areas especially to the women and poor labourers who are
absent from the mainstreaming of banking institutions.
Since themergerisaboutpeople,ahugeamountofplanningisrequiredtomakeconsolidation
process smoother. However, the consolidated effort from the part of the government, the
banking institution and customer is needed to bring the positive result of merger.
Question 10) Judicial activism and judicial overreach are separated byverythinline,and
the judiciary has to be careful of it. If that line is crossed, judicial activism may be
considered an encroachment on legislature? Discuss.
Answer Structure:
Introduction:
Judicial Activism isproactiveroletakenbyJudiciarytodispensesocialjustice.However,there

is a set limit drawn by our Constitution for three organs of the state i.e. Legislative, Executive
and Judiciary to act within.
All three organs are not supposed to encroach on each others domain but to keep effective
checks and balances with each other.
However, when the line has been crossed it becomes Judicial Overreach which is not in
consonance with the working democracy.
Judicial Activism:
When we speak of Judicial Activism, we point fingers totheinventedmechanismswhichhave

no constitutionalbacking(Eg:Suomoto(onitsown)cases,PublicInterestLitigations(PIL)etc).
This strengthens our system of checks and balances.
This Judicial Activism has invented many fruitful concepts such as Basic Structure Doctrine
in Kesavananda Bharati Case. This has further expanded the scope of Judicial Review, use
of due process of law instead of procedure established by law, collegium system for judges
selection etc. apart from many others.
Through judicial activism, judges can use their own personal feelings to strike down laws that
they would feel are unjust. Whether it is an executive order, an immigration issueoracriminal
proceeding, judges would have a good vantage point in deciding a certain cases outcome.
Judicial Overreach:
When Judicial Activism crosses its limits and becomes Judicial Adventurism, it is known as
Judicial Overreach.
In simple words, when Judiciary oversteps the powers given to it, it may interfere with the
proper functioning of the legislative or executive organs of Government.
This Judicial Overreach destroys the Doctrine of Separation of Powers by taking on the
function such as law enforcement, policy making, and law making etc.
Striking down of NJAC bill and the 99th constitutional amendment, the order passed by
the Allahabad High Court making it compulsory forallBureaucratstosendtheirchildren
to government school, misuse the power to punish for contempt of court etc. comes
under Judicial Overreach.
Judicial Overreach by the court may prove lethal as Judiciary passes orders on social justice
without having any practical knowledgeabouttheparticularissue.Whereas,Governmentdoes
proper inquiry, investigation with its own expert research follows on various issues before
launching any projects and schemes.
Recent ban on Liquor selling on the vicinity of National Highway by the SC is the burning
example of Judicial Overreach.
Conclusion:
Judicial independence requires judges to be able to apply the law and to exercise their
constitutional powers impartially and fearlessly to all persons alike and at all times.
Similar independence is also required in the functioning of other two organs for their smooth
functioning and effective results. However, arbitrary action by the legislature and executive
must be curbed by the Judiciary with effective checks and balances which very much comes
under Judicial Activism.
Hence, the Judiciary should and must recognise the thin linedrawnbetweenJudicialActivism
and Judicial Overreach.
Question 11) Explain the following in the context of a Civil Servant
(100*4=400 words) (5*4=20 Marks)
(a) Self control
(b) Conscientiousness
(c) Trustworthiness
(d) Non-partisanship
Answer Structure:
(a) Those who can bear stress andremaincalm,confidentanddependableinthehourofcrisis

are said to have self control.
Self-control is the ability to control oneself, in terms of having mastery over ones desiresand
appetites.Thosewhoareself-controlledcantemperwhattheywant,toensurethattheydonot
over or under-indulge.
Civil servants have to work in stressful conditions and have to deal with a large number of
people. It is important they display self control else they will not be able to deliver effectively.
They should not lose their temper over small things and try to display calm and composed
behaviour.
(b) Those who own responsibility, by admitting their mistakes and failures are said to have
conscientiousness. Such peoplefocusthemselvesonsuchproblemsandmoveontofindthe
solution without caring for the lapses.
It reflectsthepersonalitytraitofbeingcareful,orvigilant.Conscientiousnessimpliesadesireto
do ataskwell.Conscientiouspeopleareefficientandorganizedasopposedtoeasy-goingand
disorderly.
People with this quality are better at goals: setting them, working toward them,andpersisting
amid setbacks. Hence, for the civil servants it is one of the important characteristic traits.
(c) Such people who are having high level of integrity and having strong concern for their
subordinates and colleagues are said to be trustworthy.
The practice of living up to our commitments, being considerate about what we take on and
then following through, is a form of trustworthiness that has inherent value.Theimportanceof
being trustworthy is central to many areas of life.
It is important for a civil servant to gain the trust of the society and the people around him.
This will increase his confidence and enable him to perform his duties in a better way.
(d) Non-partisanship is not being precisely owned or allied with any group, party or cause.
Non-partisanship can be called politicalneutrality.Non-partisanshipinfersthatthecivilservant

is to do his task without any fear of, or favour to any political party. Non-partisanship is the
process of not involving any political party even if the person has strong faith in any political
thought.
It is important for the civil servant to remain non-partisan. He should favour all sections of
society equally without being biased to a particular group or individual. Non-partisanship also
strengthens the democratic procedures and institutions along with maintaining the integrity of
the service.
The administrators are always with continuous interface with the politicians, therefore it is
necessary to detach themselves from any political dogma and do his duty sincerely.
Question 12) A state was affected by an unprecedented flood which has caused
widespread damage to infrastructure and loss of private properties. Almost 10,000 (Ten
thousand) people were washed away in the flood. After the flood, epidemicengulfedthe
state. The local people experienced the livelihood problems. State bureaucracy was
badly demoralized due to apparent failure of government machinery. At this stage, a
young and energetic Chief Minister (CM) tookthefullcommandofthesituation.Nowthe
responsibility lies on him to tackle the situation.
Think over the situation and answer the following questions.
(a) How the chief Minister would recharge the state bureaucracy?
(b) How he would convert problems into opportunity?
(c) What steps he would take to win the confidence of the people?
Answer Structure:
(a) The state bureaucracy in every aspect failed to resolve the issue. The people in the
government are demoralized.
So, the CM should first analyse the reasons forthefailure.Heshouldtalkwiththemembersof

disastermanagementauthorityandhigherofficialsinthegovt.Thiswillenabletolearnalesson
from previous mistake. He can mention about their successful missions in previous disasters
and give an inspiring and motivating speech to boost their morale.
This will help the officials to look to it not as a problem butasanopportunitythatifinfutureit

happens they are in a condition to help the people. The can also arrange for pre-disaster
management training programmes.
(b) The various problems can be converted into opportunity by learning a lesson from them.
Itispossibletherewasalackofcoordinationbetweenvariousdepartmentsorthepre-disaster
management plans were not put into action properly. Though the things that went wrong
cannot be corrected instantly, however, a future lesson can be learnt from them.
The CM should make an application to thecentreforhelpinagainsettinguptheinfrastructure

in the state. It can also get funds from thePMNationalReliefFund.ThecooperationofNDMA
and SDMA should be sought to prevent such situation in future. A proactive approach should
be followed by training people adequately.
(c) At this time the people have lost faith in the state government as it failedtosavethem.The
new young CM can play an effective role in restoring the faith of thepeople.Heshouldholda
public meetingintheaffectedareaandassurethepeoplethatthestategovt.Hasfailedtohelp
them but now it will make sure that it cooperates with them. The basic necessities of people
should be met first. Though it will take long time to put things on trackheshouldtellpeopleit
is not possible without their cooperation. Slowly with timewhenthepeoplewillrealizethatthe
new CM is taking efforts to help them their faith in the state administration will be ensured.
Week-4
17-24 September 2017
Question 1) The proposed ban on the sale and purchase of cattle for slaughter at
agricultural markets violates fundamental rights of food and livelihood, and the spirit of
federalism. Discuss
Answer structure:
Following the Supreme Courts orders in the case of GauriMaulekhiversusUnionofIndiaand

others, the Government of India sought to effectively prohibit cattle slaughter across the
country through rules made under the Prevention of Cruelty to Animals Act, 1960.
Though these rules do not explicitlybanslaughter,theybanthesaleandpurchaseofcattlefor

slaughter at agricultural markets and therefore, in effect, are attempting to put an end to all

kinds of cattle slaughter across the country. Therefore, they came under heavy criticism for
violating various Fundamental Rights and interfering with the spirit of federalism.
Fundamental Right to Food: These are said to depriving the citizen of their food choices,
imposing forced vegetarianism to some extent and also violating Article 21 as right to food is
derived from it.
Some states like Kerala, West Bengal, Tripura and Karnataka represent allege that they are
protected from any such legislative or executive encroachment under Article 29 of the Indian
Constitution as they represent a unique culture of their own that comprises of beef and meat
eating. On the contrary, some people are supporting the rules as they consider beef eating
against Hindu religion.
Fundamental Right to Livelihood: These rules are said to be inconsistentwith theArticle-19

of the Indian Constitution. Also, it has immensely impacted the livestock and leather
industry(most of them Muslim meat and leather traders). They have also deprived farmers of
their traditionalsourceofincomefromsellingnon-milchandageingcattleandhavealsoadded
the financial burden of their upkeep and care.
Spirit of Federalism: The Centre has takenrecoursetoPCA,1960toframetherules,although

cruelty to animals subject is listed under concurrent list, but cattle is state subject.
There exist multiple state legislations that permit the slaughterofcattleandthethePCA,1960

actallowsthekillingofanimalsifpermittedunderotherexistinglaws,thereforethegovernment
cannot render such slaughter illegal under this act. Also, in issuing these set of rules the
government has exercised the power it does not have under the PCA,1960.
The government is justifying the slaughter under DPSP(Article-48), it was framed by the
constitution makers in the interest of animal husbandry but the impact of the rules indicate
huge losses to the livestock trade.
A glaring anomaly in the new rules is that the government seems interested in preventing
cruelty only to cattle and nototheranimalslikechickens,fishes,pigsetcwhichraisesadoubt
about the real intentions of the government.
But the recent steps taken by the Bombay High Court which struck down the prohibition
contained in legislation andalsoupheldtheconstitutionallibertytodetermineindividualdietary
preference surely protects fundamental rights enshrined in the Constitution.
Question 2) Recently the Environment Ministry has decided to allow some States to cull
wildlife? Critically discuss the issues involved in this decision.
Answer structure:
The Ministry of Environment recently permitted states to declare earlier protected wild animal
species as vermin under the Wildlife Protection Act of 1972, thereby allowing private
shooters and others to kill these species with few safeguards and no risk of prosecution.
Recent examples are Nilgai in Bihar and Maharashtra, Rhesus macaque in HP, Wild pig in all
States except Himachal Pradesh
Culling is basically selective killing of a species, usually as a population control measure.
Section 11(1) A of the Wildlife Protection Act (WPA) authorizes chief wildlife warden to permit
hunting of any problem wild animal only if it cannot becaptured,tranquillizedortranslocation.
Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be
vermin for specified area and period.
Arguments in favour of culling:
It is the feasible solution to save life and property of the citizens.

By law, wildlife is protected because they are too few and require protection.
It destroys hard work of one year of the farmers and pushes them to the debt crises.
The absence of lawful intervention often triggers retaliation by illegal means. Hence
such a law is very necessary.
Can be monitored easily using strict guidelines and law enforcement.
Fencing is not a good measure in this regard and is expensive and its maintenance is
not effective.
Even selection of crops that traditionally repelled animals does not seem to work any
longer. For example, farmers in Sirmour, Himachal Pradesh, now complain that
monkeys raid garlic fields that they avoided until recently.
Arguments against culling:
Ethical grounds: Even Supreme Court recognized the Right to Life to animals.
Animal welfare activists believe that every individual animal is ethically indispensable,
even at the cost of putting entire species at risk.
Culling is against animal protection and conservation.
It shows the barbarian mind-set still existing in human beings, according to the animal
welfare groups.
Culling creates a conducive atmosphere for the poaching mafia to move in.
Man-animal conflict can be controlled through non-invasive means, including fencing
crop fields, planting chilli around cropland, selecting non-edible crops etc.
Alternative solutions:
Popularizing insurance of crops and other properties.

Forest department should be more active to deter the animals from harming humans.
Use sedatives rather killing.
Reduce activities causing habitat loss of animals
Conclusion:
Animals are not the real problem. We need to look into the root cause of such conflicts.
Providinghumanneeds,enhancinglocalamenities,andadoptingscience-basedandsustained
interventions will provide more lasting solutions.
India is already suffering from serious effects of climate change, including a warming climate,
changing rainfall patterns, and droughtsall factors which hurt farmers first. Without healthy
forests for our wildlife to live in, animals, and humans, suffer.
Also, it is the duty of every Indian citizen under Article 51A (G) of our nations constitution to
protect wildlife and to have compassion for living creatures.
Question 3) The new law creates a situation where an Indian citizen who has legally
bought and developed an enemy property after 1968, will be divested of his rightsinthe
property. In the light of theabovestatement,criticallyanalyzetheKeyfeaturesofEnemy
Property Ordinance 2016.
Answer structure:
Enemy property refers to any property belonging to, held or managed on behalf of an enemy,
an enemy subject or an enemy firm.
After the India-Pakistan War of 1965, the Enemy Property Act was enacted in 1968, which
regulates such properties and lists the Custodians powers.
The government brought the amendment in the wake of a claim laid by the heirs of Raja
Mohammad Amir Mohammad Khan, known as RajaofMahmudabad,onhispropertiesspread
across Uttar Pradesh and Uttarakhand.
The important provisions of the bill have been enumerated as follows:
Key Provisions:
The definition of enemy and enemy subject shall include the legal heir and
successor of an enemy, whether a citizen of India or a citizen ofacountrywhichisnot
an enemy, and also include the succeeding firm of an enemy firm in the definition of
enemy firm irrespective of the nationality of its members or partners.
The enemy property shall continue tovestintheCustodianeveniftheenemyorenemy
subject or enemy firm ceases to be an enemy due to death, extinction, winding up of
business or change of nationality or that the legal heir or successor isacitizenofIndia
or a citizen of a country which is not an enemy.

The enemy property shall continue to vest in the Custodian with all rights; title and
interestintheproperty,andtheCustodianshallpreservethesameuntilitisdisposedof
by the Custodian, with the prior approval of the Central Government, in accordance
with the provisions of the Act.
The law of succession or any custom or usage governing successionshallnotapplyin
relation to enemy property.
No enemy or enemy subject or enemy firm shall have any right, and shall never be
deemed to have any right to transfer any property vested in the Custodian, and any
transfer of such property shall be void.
The amendments through theOrdinanceincludethatonceanenemypropertyisvested
in the Custodian, it shall continue tobevestedinhimasenemypropertyirrespectiveof
whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to
reasons such as death etc;
There cannot be transfer of any property vested in the Custodian by an enemy or
enemy subject or enemy firm andthattheCustodianshallpreservetheenemyproperty
till it is disposed of in accordance with the provisions of the Act.
The Custodian, with prior approval of the Central Government, may dispose of enemy
properties vested in him in accordance with the provisions of the Act, and for this
purpose, the Government may issue such directions to the Custodian that shall be
binding upon him.
The Central Government may transfer property vested in the Custodian which was not
actually enemy property to the person who was aggrieved by the vesting order issued
by the Custodian.
No civil court or other authority shall entertain any suit or proceeding in respect ofany
enemy property or any action taken by the Government or the Custodian.
Issues Involved:
1. The new law creates a situation where an Indian citizen who has legally bought and
developed an enemy property after 1968, will be divested of his rights in the property.
2. This situation could be challenged in court as a violation of Article 14 , which
guarantees the right to equality and protects people from arbitrary actions of the
government.
3. Further, following the passage of the Bill, judicial recourse onenemypropertydisputes
will only be available before High Courts and the Supreme Court, limiting the options
available to people whose property rights have been affected.
4. The thrust of the amendments is to guard against claims of succession or transfer of
properties left by people who migrated to Pakistan and China after the wars.
5. The amendments deny legal heirs any right over enemy property. The main aim is to
negate the effect of a court judgment in this regard. The Act gives the sole right of
disposal of enemy property to the Custodian.
6. OnceanenemypropertyisvestedintheCustodian,itshallcontinuetobevestedinhim
as enemy propertyirrespectiveofwhethertheenemy,enemysubjectorenemyfirmhas
ceased to be an enemy due to reasons such as death etc.,

7. Law of succession does not apply to enemy property, that there cannot be transfer of
any property vestedintheCustodianbyanenemyorenemysubjectorenemyfirm,and
the Custodian shall preservetheenemypropertytillitisdisposedofinaccordancewith
the provisions of the Act.
8. The amendments are aimed at plugging the loopholes in the Act to ensure that the
enemy properties that have been vested in the Custodian remain so and do not revert
to the enemy subject or firm.
9. However, rights of citizens are also important. There are no permanent enemies or
friends. The citizens should not be deprived of rights including inheritance and
succession. Moreover, those assets could be diverted towards public welfare.
Question 4) What is First past the post system? How it is different from Proportional
representation? Is it time for India to shift from FPTP system to PR system? Critically
analyse.
Answer structure:
India adopted Parliamentary form of government with representative democracy in which

legislatures are elected by First Past The Post system (FPTP) type of election.
Under this FPTP system in India:
Entire country divided into constituencies now 543.

Each constituency elects one candidate
Candidate who gets highest number of votes declared elected than others. Even if
votes share less than 50%.(Bharatiya Janata Partys (BJPs) massive electionvictoryis
theclaimthattheygot31.84%ofvoteshareand won282seatsthat,therefore,69%of
those who voted did not vote in favour of the winning party)
This system is also known as Single Member Plurality or Plurality Voting system in
which winner takes it all. And all other votes are disregarded.
In proportional representation system Seats are allotted to the political parties
according to their vote share. Here voter vote for party not for candidates.
Is it time for India to shift from FPTP system to PR system?
Yes, because Proportional Representation system
Faithfully translate votes cast into seats won.

Encourage or require the formation of political parties.
Give rise to very few wasted votes, depending on the threshold.
Facilitate minority parties access to representation depending on the or the district
magnitude.
Encourage parties to campaign beyond the districts.
Restrict the growth of regional fiefdoms.
Make power-sharing between parties and interest groups more visible.
No PR system also leads to:

Gives rise to coalition governments and a fragmented party system i.e. Less stable
government.
The inability of the voter to enforceaccountabilitybythrowingapartyoutofpowerora
particular candidate out of office.
Difficulties either for voters to understand or for the electoral administration to
implement depending on voters education and training of poll workers.
Way Forward:
On the lines of European countries Dual system of election modelneedtobestudiedinwhich

voters cast vote both to Political party and candidate.
Recommendations of the Law Commissions 170th and 255th report should be implemented:
A hybrid of both first-past-the-post and proportional representation should be tried.

Both the reports have suggested that 25% or 136 more seats should be added to the
present Lok Sabha and be filled by Proportional Representation.
Need to study PR system on pilot basis.
Question 5) The government of India recently decided to build a high-speed rail (HSR)
corridor between Mumbai and Ahmedabad at a cost of Rs 97,636 crore with Japanese
financial and technical assistance. Does India need projects such as thisatsuchahigh
cost? Comment.
Answer structure:
High-speed rail is a type of rail transport that operates significantly faster than traditional rail
traffic, using an integrated system of specialized rolling stock and dedicated tracks.
The first Proposed High speed Train in India would run some 500 kilometers (310 miles)
betweenIndiasfinancialcapitalMumbaiandthewesterncityofAhmadabad,atatopspeedof
320 km/h. Under the Japanese proposal, construction is expected to begin in 2017 and be
completed in 2023. It would cost about 980 billion (US$15 billion) and be financed by Low
interest loan from Japan.
Points in Favour of High speed rail Corridor
Cheap: The rate of interest of 0.1 per cent per annum and tenure of 50 years with 15
years, grace is the best till now for any project financed through a bilateral/multilateral
agency in India.
Speed: High speed is one of the biggest reasons for the proposal of this idea when it
was first initiated in India. Major cities connecting with towns of economicgrowthface
the problemoffasttransportation.Thiswouldsavetimeandboostbusinessesamongst
the connected cities. Reduction in commuting time is greatly required in Mumbai and
other metro cities where a lot of time is consumed in the process.

Promote Make in India: Second, the assistance programme involves transfer of
technology and a Make in India component, which will have long-term benefits for
Indian manufacturing.
Stronger and eco-friendly: Not only these High speed trains are stronger enough to
carry heavier weight but are also eco-friendly as they do not require deforestations to
set tracks. It is a modern and technologically advanced means of transportationwhich
can be a step towards growth and development in India.
Gestation period is long: The bullet train between Mumbai and Ahmedabad will cost
Rs 97,636 crore and will be built over seven years. Hence, the entire Rs 98,000 crore
(approximately) will not be spent in one year.
Will have multiplier effect: A growing economy like India needs investment in
infrastructure and railways, which has a multiplier effect. The Indian Railways is not
constrained by demand but by capacity, and anysubstantialinvestmentinrailwayswill
enable economic growth.
Will enhance transport capacity: The HSR will enhance transport capacity by four to
five times of the normal capacity and facilitate the movement of a large number of
people. The high cost of the project is offset by much higher utilization rates of the
network and rolling stock per km than conventional rail.
Highly Safe: Eighthly since the HSR system is highly safe, they reduce external costs
(accidents, air/ noise pollution, impact onclimate,etc).Therehasbeennocasualtydue
to accidents on Japanese high-speed trains since they started in 1964.
Challenges /Criticisms:
The project looks ambitious but challenges are many
Land acquisition: Bullettrainsrequireseamlessstraighttracksonaflatterrain.Though

France managed it in the existing tracks itself, but if new lands need to be acquired, it
can come onlyatanexpensivecompensationinMumbai-Ahmedabadindustrialcluster.
It will also demand huge political will.
Operation and maintenance: Considering the existing scenario of the quality of O&M
in Indian railways, the maintenance of this new elephant will pose many challenges
even if it is privatized. Fencing all along the track and over bridges at all the line
crossings will cost too dearer. The power demand will be more too. It will require the
infrastructure of existing railway stations from where bullet train will pass to be
upgraded as per the specifications which again will cost enormously.
Utility: Indian Railways is the lifeline of a common man. Common man will find it
expensive. In the era of multimodal integrated transportation, isnt it wise to better
utilize the existing infrastructure more wisely? Invest to improve all existing tracks to
make them sustain 160+ speeds. Major part of the city population is middle andlower
income household, who demand more capacity rather than ultra high speed.
Cost-Benefit: The bullet trains in china run in losses. China being an infrastructure
driven economy couldsustainit.Weneedtoanalyzecanwebearsuchaloss.Weneed
huge investment in infrastructure in coming two decades. With limited resources we
must ensure that cost benefit ratio is most efficient.
Conclusion:
Bullet train has sets of pros and cons under Indias present situations and they need to be
properly handled so thatitbringsprosperityanddevelopmentinthecountryandnotdebacles.
Every factor must be considered wisely and safeguarding of peoples living should not be
compromised.
There are risks in this project but without risksnothingbigcanbeacquired.ConstructingHSR

lines in the country should be seen as a nation-building exercise rather than a standalone
project justified only on transport demand.
Question 6) It is commented by many experts that Farm Loan Waiver creates Moral
Hazard Problem among Farmers? In the Light of the above statement critically Discuss
the rationale behind Farm loan waiver?
Answer structure:
There has been a rising trend in farm loan waivers recently with UP, Maharashtra, Punjaband
Karnataka announcing them for few categories of farmers. RBI Governor Urjit Patel has
recently put up concern with this trend he called them to engender moral hazard as:
Farm loan waivers pose risk of inflation.

It creates pressure on States finances.
Undermines honest credit culture, even those who can afford to pay may not, in the
expectation of a waiver.
Entails transfer of taxpayers money to borrowers .
It also leads to crowding out of private borrowers .
Other states may also follow the suit.
Also, according to recent report by CAG out ofallgranteddebtwaivers,about8.5%of
the beneficiaries were not eligible for it. Thus identification of eligible categories is
another set of problem. Many have termed such loan waiver announcements as
populist agenda for vote bank politics.
But, at the same time farm loan waivers are justified as:
Agriculture inIndiahasbeenfacingmanyissueslikefragmentedlandholding,depleting
water table, deteriorating soil quality,lowproductivity,risinginputcostsandlowoutput
prices for the produce. In addition the two consecutive drought yearshasresultedinto
acute agrarian distress which culminated into huge number of farmer suicide.
No evidence of weak credit culture or repeated demands of farm waivers has been
found after the incident of waivers. Also credit culture and timely repayment of loan is
an individual attribute and cannot be generalized.

The present distress in the agriculture is said to be largely because of demonetization
following which farmers faced cash shortage to buy farm inputs and sow their crops
timely.
Agricultural loans by banks in India are compulsorily insured by the Agricultural
Insurance Company of India (AIC), whose liabilities are back-stopped by the Centre
through budgetary support.
Hence, even if loans arent waived, thereisnolosstobanks.Onlydifferencebeingthat
in case of farm loan waiver States bear the cost and in case of default the Union
government pays, thus even in case of default transfer from taxpayers to borrowers is
taking place.
Way Forward: Long Term Solution
The problems faced by Indian agriculture are structural and the government needs to support
the agriculture sector by investing the money in irrigation, water conservation, better storage
facilities, market connectivity, in agriculture research and insurance. The recent initiatives like
PMSY, PMFBY, Sampada Yojana are steps in the right direction.
In the Short Run to overcome immediate distress the government needs to implement a well
designed loan waiver programme, for example which contains eligibility rules like loan
utilization, investment and repayment patterns.
This will lead to productive investments by the farmers in the future and healthy credit culture.
Question 7) In 2016 the union government announced new hydrocarbon exploration and
pricing policy. Examine the merits and demerits of this policy.
Answer structure:
Hydrocarbon Exploration and Licensing Policy (HELP), recently introduced by the government
is being hailed as a landmark policy change.
The merits of the new policy could be:
Revenue Sharing Contract (RSC) under HELP, instead of Production Sharing Contract
(PSC) under the earlier New Exploration and Licencing Policy (NELP). This is in
accordance with CAG recommendation. The step could result in lesser disputes and
delays in the projects.
Uniform Licensing and Policy Framework for Oil, Gas and Coal Bed Methane.
Open Acreage: Private explorers can also bid on blocks not put up for bidding by the
government
Boost to Ease of Doing Business
Boost to investment in the oil and gas exploration and development, increased
transparency and employment opportunities in the sector
Reduced dependency on imports

Settlement or withdrawal of pending arbitration, since the new regime applies only if
there's not any pending legal proceedings.
Pricing freedom, subject to a cap, on hydrocarbon discoveries in deep sea and other
difficult areas would promote investments in their exploration
Possible demerits of the policy could be:
Price rise in downstream industries, which might have an adverse impact on sectors
such as fertilizers, power and steel which take in raw materials from downstream
sector. This might lead to inflation. The ceiling price may be higher than ideal.
Higher risk on the investor's part
Blocks already under production aren't covered
Banks may not give crediteasilytosuchprojectsgiventheirhighgestationperiodsand
the rising NPAs
A shift from PSC to RSC shows lack of faith in investors on government's part.
Overall, the policy is a step in the right direction. It should be tweaked in the future to ensure
better implementation. If followed in its letter and spirit, the policy can help India achieve
energy security in the long run.
Question 8) A prerequisite to Stable and Developed North East is Strong ties between
India & Myanmar. Discuss.
Answer structure:
Introduction:
Myanmar isthebridgebetweenASEANandIndiawhichcanboosttherelationshipamongEast
Asian countries with special focus to the development of northeastern region of Indiainterms
of strengthening cultural, economic, social, political and strategic ties.
Both the countries have history old common cultural and religiousbondbetweentheircitizens
which flourished due to open border and trade relation through the maritime boundary in the
Bay of Bengal.
However, in the time of decades both the countries have not been able to exploit these close
historical and cultural connections. For the development of North-Eastern region of India and
western part of Myanmar, both the countries need to be effectively engaged with effective
cooperation on strategic line.
Problems in North-Eastern region and their solutions:
Since independence the northeastern region remained underdeveloped due to its

isolation from the mainland India, difficult terrain, ethnic clashes and history old
insurgencies. This led to the feeling of alienation among the people of North-east and
developed hatred against India.

Active engagement with Myanmar will open the positive opportunitiesforthepeopleof
northeast. The projects like Kaladan Multimodal Project which ensures faster
connectivity with the hinterland of NE states will be highly beneficial in this regard.
This underdeveloped condition is also with the western part of Myanmar consisting of
Chin, Sagaing and Kachin states which has caused multiple problems like rise in
insurgencies, illegal trade and human trafficking. Such tendency of insurgents/illegal
merchants for taking shelter across border will effectively be tackled with positive
cooperation.
The energy produced in Myanmar will fuel the NE state to push start the industrial
development in the region subsequently providinglivelihoodopportunitiestomillionsof
people there by raising entrepreneurial skills and multiple business opportunities.
The cases of illegal migration impacting the demography as well as exploitation of
limited resources in the region (for example: recent Rohingya Crisis)fromMyanmarwill
be effectively dealt with strong ties between the countries.
India is known to be the hub of education since ancient. Connectivity with the East
Asian countries and other Southeast Asian countries will develop the North-East as a
new hub of education in India which will attract the students from across the border.
The project like India-Myanmar-Thailand highway will boost connectivity among the
states of NE and will provide greater market accessforIndiainASEANregion.Thiswill
have multiplier effect in the Economy of North East.
Projects like BCIM Corridor, Mekong-Ganga Cooperation, developing sittwe port in
Myanmar by India along with forums like BIMSTEC, ASEAN and SAARC etc. will not
only boost the economy but also will bring people together with amalgamation of
cultural ties and regional cooperation.
Conclusion:
The saying that Southeast Asia begins in northeastIndiatakescredence.Theneedofthehour

is tohavepositivewillpoweramongthepoliticalbossesofboththecountriestotakethefaster
implementation of projects for the sake of regional development of both the countries.
With the coming of democraticregimeinMyanmartheopportunitieshavedoubledforIndiafor

active bilateral engagement.
This positive engagement will certainly ensure strengthening of close cultural ties, geopolitical
as well as geo-economical stability of both the countries and also for the NE regions of India.
Question 9) What do you understand by internet of things (IoT)? How will digitization
help IoT and how will IoT help India in turn? Examine.
Answer structure:
Introduction: Internet of Things
IoT is asystemofinterrelatedcomputingdevices,mechanicalanddigitalmachines,objects,or
people that are provided with unique identifiers.
Thus it can be said that it is an inter-networking of physical devices, vehicles, buildings and
other itemsembedded with electronics, software, sensors and network connectivity.
This internetworking has the ability to transfer data over a network without requiring
human-to-human or human-to-computer interaction.
IoT is also dubbed as the infrastructure of the information society. It allows objects to be
sensed and controlled remotely across existing network infrastructure.
Thus it creates opportunities for more directintegrationofphysicalworldintocomputer-based

systems, and resulting in improved accuracy, efficiency and economic benefits.
How Digitization will help in IoT?
Digitalization is the process of making available the services to the citizens electronically by
improved onlineinfrastructureandbyincreasingInternetConnectivityorbymakingthecountry
digitally empowered in the field of technologies.
India is set for a digitization revolution which, in turn, wouldfuelthegrowthoftheInternetof

Things (IoT). Digitization would bring digital connectivity, affordability, accessibility and would
provide a platform for Internet of Things. With a push to digitization in India like Bharat-Net,
Optical Fibre Network etc. IoT can be taken to even the remotest of areas.
Digitalization will bring technology and technological illiteracyamongmasseswhichinturnwill

helpinInternetofThingsandfruitfuluseofIoTapplications.IoTisbridgingthephysical,digital,
cyber and virtual worlds and this requires extensive information processing capabilities.
How IoT will help India in turn:
Internet ofthingsonbroaderscalecanbeappliedtothingsliketransportationnetworks:smart
cities which can help us reduce waste and improve efficiency for things such as energy use,
health care, other sectors of daytodaylifelikecollectingdataontemperature,signalstrength,
pressure, pH, voltage etc. technical parameters and helping us understand and improve how
we work and live.
Other fields of applications include: waste management, urban planning, environmental

sensing, social interaction gadgets, sustainable urban environment, continuous care,
emergency response, intelligent shopping, smart product management, smart meters, home
automation, smart events and smart grids etc.
IoT itself, fuelled by the advancement of digital technologies, isdramaticallychangingtheway

companies engage in business activities and how people interact with their environment.
Conclusion:
With the explosion of data,theroleofinformationtechnologyisshiftingfromthatofanenabler

to a strategic partner. The digital wave, in this backdrop, is turning out to be a disruptor in
multiple industry verticals.
For example, the present banking system is much impacted by digitization and accordingly
every sector of the economy is transforming itself from being cash basedtousingtheInternet
as the growing means of payment.
Among other things, IoT has made the mode of payments so easy that there is no direct
access to the customer at the time of purchase.
The processwhere customers can pay their bills through any of the multiple acquirers via
multiplebanksandpointsofsaleterminalstothemerchant/brandispossiblewithhelpofIoT.
For a country such as India, digitization coupled with IoT could be a real game changer.
Question 10) What do you understand by Paid news? What arethechallengesinDealing

with Paid News? Should Election commission make Paid news an electoral offence?
Answer structure:
Introduction:
Paid news is any news or analysis appearing in any media (print & electronic) for a price in
cash or kind as consideration.
In other words, The news or articles on Newspapers, Magazines and the Electronic Media
which has/have been brought by some institution for vested interests in return of payment in
cash or kind.
This kind of news hasbeenconsideredaseriousmalpracticesinceitdeceivesthecitizens,not

letting them know that the news is, in fact, an advertisement.
Secondly, the payment modes usually violate tax laws and election spending laws. More
seriously, it has raised electoral concerns because the media has a direct influence on voters.
Challenges in dealing with the Paid News:
Corporatization of media, desegregation of ownership and editorial roles, decline in

autonomy of editors/journalists due to emergence of contract system and poor wage
levels of journalists are the main reason as well as challenges in dealing with paid news.
Lack of adequate power with regulators, lack of effective penal action against those
who violate the rules and inaction by the government incasesrelatedtopaidnewsare
also important challenges to deal with.
Establishing transaction of cash or kind is almost impossible as it is usually done
without any record and promptly denied by both sides when enquired. In these
circumstances, identifying cases is a herculean task.

Media violations, surrogate advertisement and unreported advertisements are often
mistaken as Paid News sometimes in true cases also.
It is difficult to identify and solve the cases in a set time limit. The cases keep on
pending for a long period of time before the courts.
The independence of the media anditsabilitytobringabouttransparencyinsocietyby
playing an adversarial role against the establishment get compromised because of
corruption within the folds of the media itself and it is usually difficult to fix the
accountability in such cases.
Should paid news be made an electoral offence?
Paid News deceives and misleads the public and hampers theabilityofpeopletoform
correct opinions.
Paid News causes undue influence on voters andalsoaffectstheirRighttoInformation
by furnishing fake news or news of vested interests.
Paid News seeks to circumvent electionexpenditurelaws/ceiling.Thepaymentmodes
usually violate tax laws and election spending laws. It displays the role of money in
election.
Paid News adversely affects level playing field by favouring one party. Such practices
interfere with free and fair elections in the country by violating democratic principle
enshrined in our constitution.
Media is described as the fourth pillar of democracy. Such incidents bring down the
faith of peopleindemocraticinstitutionsbyconveyingincorrectandfalseinformationto
the people.
The above circumstances show that there is no any benefit of paid news for the
concern of citizens and of democracy. By providing benefits to individual, it harms the
society and the country most. Hence, theElectionCommissionshoulddeclarethepaid
news as an offence which should be punishable also.
Conclusion:
The media acts as a repository ofpublictrustforconveyingcorrectandtrueinformationtothe

people.
The paid news is therefore, a serious matter as it influences the functioning of a free press.
There is an urgent need to protect the right of thepublictoaccurateinformationbeforevoters
exercise their franchise when such incidents are on rise.
Hence, a legal framework in which electoral issues are expeditiously adjudicated must be put
in place if election laws are to be enforced in both letter and spirit.
Question 11)Howwouldyouclassifytheconscience?Supposeanoldmanhasapension
claim before a civil servantandaccordingtolawitisadoubtfulclaim,whatheshoulddo
and why?
Answer Structure:
The conscience is defined as that part of the human psyche that induces mental anguish and
feelings of guilt when we violate it and feelings of pleasure and well-being when our actions,
thoughts and words are in conformity to our value systems.
Conscience is not be bound by the logic, facts and arguments. Conscience for a civil servant
should be derived from constitutional morality and galvanized with emotional intelligence.
There are several different interpretations of conscience based on which it can be classified
such as:
a) Conscience as a faculty of moral cognition: A faculty that enables us to ascertain what is

morally right and what is morally wrong (Buttler).
b) Conscience as a mode of developed sensibility: Such that we feel painful regret and
remorse when we act contrary to it (Mill).
c) Conscience as an internal judge or the moral worth of our ends and motives: Conscience
does not determine what we are to do, but it can judge whether we have acted in a morally
worthy manner (Kant).
d) Conscience as a faculty of practical reason by which we deliberate with a view to deciding

on particular actions to perform, in aiming at conformity with moral principles. Conscience
specifies particular actions in the overall project of aiming at what we take to be good. This
allows scope for the possibility that an agent could be conscientious but have wrong values
(Aquinas).
e) Conscience as a reflective consideration guiding employmentofcriteriaofmoralsoundness

with a view to ascertaining which actions meet those criteria (Smith).
In case of doubtful pension claim by an old man as mentioned in the above case, the civil
servants should act in conscience manner. The following steps he can include in his action.
He should take through enquiry of the legitimacy of his claim. If found genuine, he should be
facilitated with the pension as soon as possible and in case of doubtful claim the person
should be asked to clear the doubt by furnishing the relevant document as aproof.Theoffice
staff should be asked to cooperate with the old person in his effort of finding the valid
documental proof.
The Civil Servants have delegated authority and are allowedtoactwithconscienceintimesof

need. His action should not be bound by the common code of conduct rather should be
guided by his experience and rationality.
Strictly following the rules and regulation will not beinconformityofthedynamicnatureofour

society and values.
Incase,iftheminorproofinmissing,theCivilServantshouldtakeactionasperhiscognizance
if his inner conscience allows about the same.
Person with the old age should be looked with sympathy and empathy and should not be
harassed and asked to furnish the relevant proof again and again. Here, the action of thecivil
servant should be in accordance with his conscience.
However, the civil servant should also look for other options foravailingthebenefitstotheold
age person to avoid any confrontation with laws and regulations. There should not be huge
compromisation with the rules and regulation whileallowingforpension,andalsoitshouldnot
hurt in any manner to other beneficiaries.
Question 12) You areaseniorfunctionaryinruraldevelopmentministryofgovernmentof

India and in course of your tour intheremotepartofthecountryyouwanttohaveafirst
hand assessment of rural development programmes and their impact on the socio
economic condition of people especially of BPL category. The districtofficialsshowyou
some of the houses constructed under rural housing schemes. You also talked to the
people and local PRI representatives.
The officials gave you a brighter picture ofthesituationwhereaspeopleingeneralwere

critical about the attitude and approach of the officials. You were sad when you found
impact of the rural development programmes/schemes far from satisfactory.
(a) Bring out the ethical issues involved in rural development programmes.
(b) What would be your reaction after your above visit?
(c) What recommendations you propose to make so as to bring impact on rural

development programmes.
Answer Structure:
(a) The various ethical issues involved in rural development programmes are:
Lack of proper evaluation on part of officials shows acting in an irresponsible way

Failure to realize the flight of poor reflects the lack of empathy.
The officers are responsible tomakesurethebenefitsoftheseschemesreachthepoor
for whom such schemes are intended. But they are not doing it and moreovergivinga
different picture in front of senior officials. It reflects negligent attitude on their part.
(c) When it is found that the impact of these programmes is far fromsatisfactory,itistheduty
of the senior officers to himself conduct an evaluation programme and arrive at the real
solution of the problem.
He should check the records himself rather than believing the officials.

He should set up some monitoring committees, the function of which is to see if the
benefits of such schemes is ultimately reaching the poor people or not.
Adequate steps to fill any gap in the results should be taken.

Week-5
24 September - 01 October 2017
Question 1) There are formidable social, economicandenvironmentalreasonswhichcry

out against GM mustard. In the light of the above statement critically discuss the pros
and cons of GM mustard.
Answer Structure:
Genetically modified organisms (GMO) can be defined as organisms (i.e. plants, animals or
microorganisms) in which genetic material has been altered in a way that cannot be altered
naturally. DMH-11 is a Genetically Modified (GM) mustard hybrid. Hybrids are normally
obtained by crossing two genetically diverse plants from the same species.
GM Mustard beingthefirstGMfoodcrophassomeperceivedbenefits.Theexpectedbenefits
of introducing GM Mustard in India are as follows:
Presently, the production of edible oil in India is not much due towhichIndiahastoimportlot
of edible oil outside from outside.GM mustard is expected to boosttheproductionofmustard
and thereby would help to cut the import of oil.
GM crops are engineered to withstand the extremes of weather. In India, where variability of
monsoon badly affects the crop production, the introduction of GM crops would help to
alleviate the risks associated with it.
The most perceived benefit which GM mustard or GM crop in general is expected to bring
about is their abilitytobepestresistance.Itwouldallowfarmerstosavethemoneywhichthey
would earlier spend on buying pesticides.
The resulting GMmustardhybrid,itisclaimed,gives25-30%moreyieldthanthebestvarieties

such as 'Varuna' currently grown in the country.
The Cons associated with GM crops are as follows:
Atatimewhensustainablefarmingandlow-inputagriculturearebecomingthebuzzwords,GM
mustard will require almost double the quantity of fertilizer and water.
Health concerns of GM Mustard include allergenicity, gene transfer, especially of

antibiotic-resistant genes, from GM foods to cells or bacteria in the gastrointestinal tract. The
movement of genes from GM plants to conventional crops, posing indirect threats to food
safety and security.
GM mustardcanaffecthoneybeesdirectlyandindirectlythrougheffectingfloweringandpollen
production. Protease inhibitors have proved detrimental to the longevity and behaviour of bees.
The Genetic Engineering Approval Committee, which is responsible for approving large-scale
releases and commercialization of GMOs, is not entirely independent and accused of
regulatory weakness.
GM technology makes the crops to survive high doses of herbicides resulting in higher
herbicides residues in food.
There is growing concern that GMO are creating super weeds which can only by killed by
toxic poisons.
Further, GMO contaminate forever. GMO cross pollinate and their seeds can travel far and
wide. It is impossible to fully clean the contaminated pool of genes.
Way forward:
There is need to construct a possible way to address the concerns related to GMcropswhile
at the same time, leveraging benefits associated with the GM technology. There should be
independent and autonomous evaluation of GM crops before commercially introducing them.
The risk assessmentalongwithpublicawarenessandenhancedinformationdisseminationhas

to undertaken before the clearance to allay the fears. The results should be made availableto
public transparently so there would be coherence among the stakeholders to adopt this
technology.
Question 2) Li-Fi is not expected to completely replace Wi-Fi, but the two technologies
could be used complementarily to create more efficient, green and future-proof access
networks. Discuss.
Answer Structure:
Li-Fi(LightFidelity)isabreakthroughhigh-speedwirelesscommunicationtechnologythatuses
visible light to transmit information. This technology invented by German physicist and
Professor Harald Haas, is a wirelesstechnologythatmakesuseofvisiblelightinplaceofradio
waves to transmit data at terabits per second speedsmore than 100 times the speed of
Wi-Fi.
Multiplier benefits of Li-Fi
Li-Fireliesonvisiblelighttocommunicate,whichisagoodthinginmorewaysthanone.These
waves are able to carry far more information than the traditional radio waves used in WiFi
technology.
The visible light spectrum is almost 10,000 times larger than the spectrum occupied by radio
waves.
Also, Li-Fi is said to increase bandwidth by 100 times what we have today with Wi-Fi.
A Li-Fi connection can transmit data at the rate of 224 gigabytes per second.
Li-Fiisalsomoresuitableinelectromagnetic-sensitiveareaslikehospitals,airplanecabins,and
nuclear power plants (where electromagnetic disturbance can be disastrous).
Also, it presents another unique possibility: transmitting power wirelessly, wherein the
smartphone will not only receive data through Li-Fi, but will also receives power to charge
itself.
Shortcomings of LI-FI:
Since it uses visible light to transmit data, Li-Fi would be rather useless in conditions where
there is no light. That means no Internet while lying in your bed at night.
If you have a Wi-Fi router installed in one room of your house, you can connect your devices
sitting anywhere in the house, but this is not the case with Li-Fi.
Since visible rays cannot pass through walls, you have to be in the immediate vicinity of the
source of light to access the Internet on your device, which may not sound particularly
convenient to many people.
This technology is alsosaidtobelessreliable(again,duetoitbeingdependentonvisiblelight)

and has high installation charges.
The main challenge is to create a Li-Fi ecosystem, which will need the conversion of existing
smartphones into Li-Fi enabled ones by the use of a converter/adapter.
If Li-Fi can be put into practical use, every LED lamp (indoor as well as outdoor) can be
converted into something like a hot spot to transmit data to every mobile device to achieve
universal broadband communication between devices.
Theres no doubt thatLi-FiisgoingtotransformtheworldofInternetconnectivity,butitseems

unlikely that its rise would necessarily mean the death of Wi-Fi, since the latter is deeply
embedded in the lifestyles of billions of people.
A more likely scenario, though, is that well eventually have a wide range of technologies
available at our disposal and will be free to choose the most appropriate one. Having that
flexibility certainly seems like the most desirable scenario to us.
Question 3) There is nothing Indian about denying rohingyas refugee. Critically discuss.
Answer Structure:
Rohingya Muslims comprise one million out of the 53 million people that live in Myanmar,
forming the worlds largest stateless population in a single country.
The discrimination and persecution of Rohingyas has existed since the 1962 coup by the
Burmese Army, which went on to legally strip Rohingyas of their Burmese nationality in 1982.
The current round of oppression is therefore only a continuation of the ethno-communal

identity politics played by Buddhist majority Myanmar.
Indias tough stand on deporting Rohingyas back to Rakhine Stateinthemidstoftheongoing

violence has evoked criticism from national and international human rights activists.
Indias national fabric is not divisiveness; it is universal acceptance and tolerance.Indiasidea

was and should remain every religion is true, every path leads to the same destination.
In order to preserve India it is imperative to deny refuge to Muslim Rohingyas is incongruous

with India and its civilizational ethos. Fear begets hatred, fearlessness is love. India has
sheltered persecuted Jews, Zoroastrians, Muslims of Prophet's family and Syrian Christians.
India is already home to diverse groups of refugees including Chakmas from Bangladesh,
Bhutanese, Nepalis and many other groups from African and Asian countries.
However, in recent some years, the resurgence of atrocities on Rohingya Muslims has raised
question on this long tradition of generosity of India.
There are two reasons for which India has been criticized. It is against the culture and values
that India has been following from the beginning. India should offer shelter to refugees in the
same way as it had done with other minorities.
Though India is notasignatorytoUnitedNationsConventiononRefugees,ithailstheprinciple

of non-refoulement, which applies to everyone.
Though the above mentioned issues to some extent valid, but there is another angle which
should be analyzed prior to any judgment. India is justified with its decision on the following
grounds:
They are a potentialthreattonationalsecurityonthebehestoftheirallegedassociation

with Islamic state and other terrorist organizations.

Given the limited resources and increasing population, the pressure on existing
resources is increasing day by day. At this point of time, giving shelter to morepeople
could provide challenges in terms of providing adequate facilities to the people.
Ethnic conflicts have been the part of Indianhistory.Influxofmorepeoplecouldcreate
more ethnic conflicts. The fragile North east corridor may further become destabilized.
Myanmar is considered to be safe haven for various insurgent groups. Accepting
Rohingya Muslims from Myanmar could be detrimental to the internal security of India.
There is also a serious possibility of violence against Buddhists living in India by
radicalized Rohingyas.
Thus, India should take a middle ground to address the humanitarian concerns of Rohingyas
and the security concerns of the country. ItmustbeunderstoodthatdeportationofRohingyas
must be seen in right perspective. Financial aid to Bangladesh for rehabilitation of refugees
should be considered.
The ideal solution would be for Rohingyas to be equal and free citizens in their own land
Myanmar, but that wouldrequiretheUS,IndiaandChinaandtheUNtoalignandspeakinone
voice through international pressure against the Burmese MilitaryJunta,insteadofthepresent
trend of placating Myanmar for its strategic-economic importance.
India should engagebilaterallywithMyanmarandmobilizeregionalforumslikeASEANtosolve

this issue. India hasbeenequallyconcernedaboutthesituation.Butitshouldshowitbyactive
engagement with Myanmar to solve this problem.
Question 4) Judicial activism and judicial overreach are separated by very thin line, and
the judiciary has to be careful of it. If that line is crossed, judicial activism may be
considered an encroachment on legislature? Discuss.
Answer Structure:
Some time back, it was commented that judiciary must draw its own Lakshman rekha
(inviolable boundary) and not take decisions that fall in the domain of executive, highlighting
the increasing friction between the judiciary and executive over a perceived overreach by the
courts by the use of two devices at its dispersion that are- Judicial Activism and Judicial
Overreach.
Judicial Activism is the view that courts make political rather than legal decisions to further
some agenda. It refers to the process in which judiciarystepsintotheshoesoflegislatureand
comes up with new rules and regulations, which the legislature ought to have done earlier.
Judicial Overreach refers to an extreme form of judicialactivismwherearbitrary,unreasonable

and frequent interventions are made by judiciary into the legislatures domain.
Judicial activism is important:
When the other branches of the government fail todischargetheirfunctionsleadingtoerosion

of the citizens confidence in the constitutional values and democracy.
Also when the fundamental rights of the citizens are trampled, then the judiciary steps in to
restore the primacy ofthefundamentalrightsoverthearbitraryactionofthegovernmentorthe
third party.
It also helps to fill the legislative vacuum to provide for the immediate societal needs.
The Constitution of India empowers the judiciary to strike down arbitrary legislation infringing
citizens fundamental rights and the ones that has been framed by the legislature beyond its
competence through Articles 13, 21, 32, 226 and 227.
Also Article 142 extends a unique, extraordinary power to our Supreme Courttodocomplete
justice in any matter before it.
However, judicial activism has been criticized on various grounds as:
Viewed as a challenge to basic structure of the Constitution by challenging the idea of

separation of powers.
Just as independence of the judiciary is part of basic structure, the primacy of the
legislature in policy making isalsopartofbasicstructureandinterferencebythecourts
into their domain is not justified.
Judiciary has the function of interpretingthelawsanddecideswhethertheyconformto
the Constitution of India or not. It shall not consider itself sole custodian of public
interest.
Judicial activism seeks to correct the failings of thelegislatureandthemisdeedsofthe
executive but it must not intrude into the domain of legislative functioning. Judiciary
must set itsownlimitsandbeaccountabletothecitizenslikeallotherinstitutionsinthe
democracy.
Also, strive to plug the loopholes like inadequate judicial infrastructure, judges strength and
effective case management through use of information and technology.
Question 5) Ministry of Road Transport & Highways has decided to leapfrog from BS-IV
to BS-VI emission norms directly by completely skipping BS-V norms. Discuss the
Significance of this step and challenges in implementing this decision.
Answer Structure:
Bharat stage emission standards were instituted by the Government of India in 1991 to
normalize the productivity of air pollutants from internal combustion engine equipment.
Recently the government decided to directly shift to BS VI norms by April 1,2020normsfrom

the current BS IV norms in order to contain the large amount of vehicular emissions and their
debilitating effects on climate change. This is a progressive step towards air pollution control
but the direct transition to BS VI norms comes with several techno-economic challenges
posing the automobile industry.
Significance of direct transition to BS VI norms:
It would improve air quality and is in direction of the Indias commitment at Paris
climate change conference.
The BS-VI compliant fuels have sulphur concentration of as low as 10partspermillion
as compared to 50 parts per million (ppm) in BS-IV fuels. This means a lower level
concentration of PM 2.5 and thus reduced incidence of lung diseases.
It willalsoreduceconcentrationofcarbonmonoxide,unburnthydrocarbonsandnitrous
oxide.
India has beenlaggingbehinditscounterpartsforexampleChinahasalreadyupgraded
to BS V equivalent Euro V emission norms.
The experienceofcountriessuchasChinaandMalaysiashowsthatpoorairqualitycan
be bad for business.
Challenges in implementation:
According to Society of Indian Automobile Manufacturers (SIAM) economic burden of moving

to BS VI norms will be very significant for automobile manufacturers as many new
technologies would have to be developed.
The transition will involve overhauling the working dynamics of the automakers and will alter
the cost structure forever.
Theres a time crunch and firms would have to develop and optimize the Diesel Particulate
Filter and Selective Catalytic Reduction systems in parallel, instead of doing it sequentially.
The shift to BS VI is set to shake up the auto component industry.
In a cost-sensitive market like India, the challenge is to design a system for India that would
not just meet the stringent particulate matter (PM) and NOx emissions of BS VI but also be
cost-effective and robust.
Skilled manpower would be required by the industry which in itself is a mammoth challenge.
The climatic conditions, driving habits ,road conditions, fuel conditions and maintenance
practices in India are different from that in Europe.
Thus, this binary transitiontoBSVIstandardsisnotaeasytask.Itmustbesupplementedwith

government efforts to increase fuel standards, increase the frequency and number of public
transport vehicles and steps like hikingparkingchargestodisincentiviseprivatetransport will
also help to improve air quality.
As under Article21,righttocleanairisafundamentalright,requiredstepsmustbeundertaken
by the government.
Question 6) UBI is a powerful idea and would be more effective at combating poverty
than existing state benefits. Critically discuss.
Answer Structure:
The large scale poverty, deepening income inequalities and the prospective job losses owing
to the automation in the economy which already has high unemployment rate calls for
Universal Basic Income(UBI) which guarantees a minimum level of income support. UBI is
based on the three cardinal principles of universality, unconditionality and agency.
Benefits of UBI:
1. Free from inclusion and exclusion errors as it is universal and unconditional

2. The money will be transferred directly into the account of the beneficiaries making the
process transparent and less prone to leakages.
3. It willempowerthepeopleprovidingthemwithgreaterdecisionmakingopportunitiesto
spend their money according to their priorities and needs.
4. It will reduce poverty as people will be less worried about from where their next meal
will come from and will investmoretimeinplanningtheirlivesandbusinesses.Thiswill
also usher innovative thinking at the level of an individual.
5. It will also tackle the problem of multiple authorities givingdifferentsubsidieslikefood,
water, housing, education etc. Thus, freeing up bureaucracy from complex welfare
activities.
6. Currentlymorethan350welfareschemesarebeingrunbygovernment,UBIwillhelpby
clubbing them into one and therefore increasing efficiency and better targeting.
7. It will provide a minimum safety net toallpeoplethusminimizingexploitationsbecause
for survival people do all kinds of menial jobs (example- manual scavenging).
Challenges in implementation of UBI:
Unaffordable: It will amount to huge fiscal burden on the government,evenifRs5000

is provided every month owing to the huge population of India. SwitzerlandUBIdueto
its fiscal pressures.
Inflation: Universal cash transfers are subject to inflation as they will influence people
spending behavior and also will raise the labour costs thus affecting markets.
It might hamper the motivation to work leading to laziness.

It may also lead to unproductive spending. Example on alcohol, gambling etc.
It also poses challenges to how food subsidies will be implemented and if they are
abolished it may affect food Security to all farmers may not feel motivated enough to
grow more.
It may also lead to market fluctuations.
India has still not achieved the goal of universal financial inclusion and it acts as an
impediment in the implementation of UBI.
Way Forward:
Basic incomes are no panacea; but for overworked developing-country citizens living in
extreme poverty,theywouldcertainlybearelief.Buttheyneedtobesupplementedwithbroad
based economic reforms which strive to encourage entrepreneurship, lead to job creation,
strive for development in MSMEs and agriculture sector.
UBI gave results when implemented on a pilot basis in avillageinMadhyaPradesh.Finlandis

also successfully implemented UBI asexperimentalscheme.ButUBImustnotbeasolutionto
collusion and connivance in welfare scheme because we cannot throw baby with the
bathwater.
Question 7) Sexual consent is the right of every woman, married or unmarried, as much
as of men, and non-consensual sex should be treated exactly the same, irrespective of
the relationship of the perpetrator to the victim. In the light of the above statement
discuss whether Marital rape should be criminalized?
Answer Structure:
Sexual intercourse releases physical & mental tension, gives a sense of psychological
fulfillment, enhances bodyimage&boostsself-esteem.Perhapsthebiggestrolethatsexplays
in human life is the strengthening of the bonds of intimacy between two steady partners.
However, the consent matters the most every time from both sides.
Thus the sex without consent by spouse with his wife/husband obtained by force, threat of
force, or byphysicalviolence,orwhens/heisunabletogiveconsentistermedasmaritalrape.
Marital rape occurs mostly against women and is not criminalized in India as Section 375 of
IPC only criminalizes (recognizes rape) when women is below 15 years of age.
However, the growing sufferings ofwomenduetoharassmentbyspousemadeitnecessaryto

think on the issue and criminalize marital rape.
Why it should be criminalized?
An informal survey conducted by NFHS indicates that 97.7% rapes were committed by the
people known to the victim, of which marital rape accounts for 2/3rd. Thus thesheerintensity
suggests it to be criminalized.
This inflicts mental trauma among women who are forcefully raped every night, even during
pregnancy and expecting child that too by the person who is known to her andaresupposed
to take care of her feelings.
This also violates Fundamental rights guaranteed under Article 21 right to live dignified life,
Article 14 right to have equal consent and equal protection apart fromviolatingthepersons
human rights.
Marital privacy which justifies laws such as the marital rape exception is a fundamental
denial of societys commitment to treating all persons with equal concern and respect.
Many countries have made it a crime for a husband to force his wife to have sex in recent
years. India too being a progressive country should consider criminalizing marital rape
otherwise India would be gagged for not protecting women at par with men.
Even the law commission and Justice Verma committee have recommended criminalizing
marital rape by doing away with the exemption granted to marital rape in the laws.
However, Criminalizing Marital rape will have certain considerations such as:
Prone to misuse: If marital rape is criminalized without adequate safeguards it could be

misused like the current dowry law by the dis-satisfied wives to harass and torture their
Husbands.
Subjectivism: It is very subjective and intricate todeterminewhetherconsentwasacquiredor

not. Sometimes women use denying intercourse even if she is comfortable with, as a tool for
punishment or getting their demands fulfilled.
Affects social fabric: Marriage is the holy institution and application of such laws will wither
away its basic fabric as it will lead the investigation to the intricate relationship between the
couple.
Burden on Judiciary: Will increase the burden of judiciary which otherwise may serve other
more important causes.
Cannot be applied to India: Due to dynamic society with various factors like level of
education/illiteracy, poverty, myriadsocialcustomsandvalues,religiousbeliefs,mindsetofthe
society to treat the marriage as a sacrament the concept will never be applied to India.
Conclusion:
The need of the hour is to bring adequate safeguard in the law which the opportunities for
misusing this law like the dowry Act could be avoided.
Here we also need to focus that, only legal reforms are not sufficient as along with legal
reforms we also need social reform so that this menace could be eradicated from our society.
However, thislawisaprogressiveoneconsideringthecurrentsituationsbutthepoliticalwillas
well as social consciousness is the need of the hour.
Question 8) India was one of the most sued countries in 2015. Will the countrys new
model bilateral investment treaty attract and safeguard foreign investment more
effectively?
Answer Structure:
Bilateral investment Treaties (BITs) or Bilateral Investment Protection Agreements (BIPAs) are
agreements between two countries for the reciprocal promotionandprotectionofinvestments
in each other's territories by individuals and companies situated in either State.
Though, they are signed by governments, their beneficiaries are business entities.
Due to some lacunas in BIT-1993 which resulted India being sued several times by foreign
corporations like Sistema, Vodafone, and Children Investment Fund etc. tempted the policy
makers to reframe the BITs.
In the year 2016, India drafted new Model Bilateral Investment Treaty to overcome the
earlier drawbacks with many modified provisions. The move is important as it will help the
country to make its treaty more specific ininternationalarbitrations.Thetextualconsistencyof
a country's BIT determines its success in BIT negotiations and disputes.
How it will attract and safeguard foreign investment?
Enterprise based definition of investment instead of asset based definition: Recognizing

whole of enterprise instead of individual products in order to narrow the scope of protected
investments are reduce the potential liability of the state under Investor-state dispute
settlement (ISDS) claims.
Exclusion of MFN treatment: This is adopted in order to eliminate discrimination among

investors from various countries means providing equal opportunities for all.
Full Protection and Security: The new MBIT ensures physical security of investors and to
investment which strengthens trust among investors and thus bound to attract more
corporations.
State Government as Stakeholders: this gives opportunity to state government alsoinorder

toparticipateinbusinesswithforeigninvestors.Thiswillboosttechnologicaltransferaswellas
expertise.
Fair and Equitable treatment: The new model BIT recognizes international laws in order to
treat any dispute redressal and other issues. This ensures more hold of government and
regulators on corporation investing.
Expropriation: The new model BIT provides security to investors by restricting the state from
nationalizing the foreign investment, except for reasons of public purpose.
Non-Discriminatory treatment: The Model BIT includes a new clause on non-discriminatory

treatment for compensationoflosses.Aspertheclause,investorscanavailnon-discriminatory
just compensation in circumstances like armed conflict, natural disasters and in the state of
national emergency.
It recognizes Corporate Social Responsibility: The ModelBITmandatesforeigninvestorsto

voluntarily adopt internationally recognized standards of corporate social responsibility.
Taxation: The model BIT tries to balance protection to the investor with state regulations.
Conclusion:
Hence, the above mentioned features indicates that thenewIndianModelBITtextwillprovide

appropriate protectiontoforeigninvestorsinIndiaandIndianinvestorsintheforeigncountryin
the light of relevant international precedents and practices, whileatthesametimemaintaining
a balance between the investors rights and the Government obligations.
Question 9) What do you understand by Big Data? Discuss some of its applications
Answer Structure:
Big data is a term for data sets that are so large or complex that traditional data processing
application software isinadequatetodealwiththem.Thisincludecapturingdata,datastorage,
data analysis, search, sharing, transfer, visualization, querying, updating and information
privacy.
Here, the challenging datacouldbefromsocialnetworks,webserverlogs,trafficflowsensors,

satellite imagery, broadcast audio streams, banking transactions, MP3s of rock music, the
content of web pages, scans of government documents, GPS trails, telemetry from
automobiles, financial market data and so on.
The Big Data is very useful to identify patterns of certain type that could be used for other
purposes.
Some of its potential applications are as follows:
Seed Selection Big-data businesses can analyse varieties of seeds across numerous fields,
soil types, and climates and select the best.
Crop disease: Similar to the way in which Google can identify flu outbreaks based on where
web searches are originating, analysing crops across farms helps identify diseases that could
ruin a potential harvest.
Irrigation: Precision agriculture aids farmers in tailored and effective water management,
helping in production, improving economic efficiency andminimisingwasteandenvironmental
impact.
Weather: Advanced analytics capabilities and agri-robotics such as aerial imagery, sensors
help provide sophisticated local weather forecasts can help increasing global agricultural
productivity over the next few decades.
Climate change: Since, climate change and extreme weather events will demand proactive
measures to adapt or develop resiliency, Big Data can bring in the right information to take
informed decisions.
Food processing: They help in streamlining food processing value chains by finding the core
determinants of process performance, and taking action to continually improve the accuracy,
quality and yield of production. They also optimize production schedules based on supplier,
customer, machine availability and cost constraints.
Loss control: In India, every year 21 million tons of wheat is lost, primarily due to scare
cold-storage centres and refrigerated vehicles, poor transportation facilities and unreliable
electricity supply. Big Data has the potential of systematization of demand forecasting thus
reducing such losses.
Pricing: A trading platform for agricultural commodities that links small-scale producers to
retailers and bulk purchasers via mobile phone messaging can help send up-to-date market
prices via an app or SMS and connect farmers with buyers, offering collective bargaining
opportunities for small and marginal farmers.
Conclusion:
Big Data is a revolution in data processing and information technology and is aboonforIndia
at a time when India is suffering from vulnerable cyber threats, and lacks proper handling of
online data.
Given Indias urge for digitization this will give a big push to the concept. However, there is
need to implement a proper system to deal with the big data so that its advantages can be
harnessed can concerns could be addressed properly.
Question 10) Critically examine the performance of Demonetization?
Answer Structure:
Achievements:
Increase in tax collection: As a result of demonetization drive, there isasubstantialincrease

in the number of Income Tax Returns (ITRs) filed. The number ofReturnsfiledasonAugust5,
2017 registered an increase of 24.7% compared to a growth rate of 9.9% in the previous year.
Curb on Black money: Transactions of more than 3 lakh registered companies are underthe
radar of suspicion while one lakh companies were struck off the list. The government has
already identified more than 37000 shell companies which were engaged in hiding black
money and hawala transactions. Around 163 companies which were listed on the exchange
platforms were suspended from trading, pending submission of proof documents.
Impact on terrorism and naxalism:
i. As a result of demonetization of SBNs, terrorist and naxalite financing stopped almost

entirely.
ii. No high quality FICN was found / seized by intelligence operations, including at the
iii. Further, it also adversely affected the hawala operators and dabba trading venues.
Promoted Digital Payment: In 2015-16,thevalueoftransactionsfordebitandcreditcardswas

1.6 lakh crore and 2.4 lakh crore, respectively; in 2016-17, it was 3.3 lakh crore for each.
Also, in 2016, the National Electronic Funds Transfer handled 160croretransactionsvaluedat

120 lakh crore, up from around 130 crore transactions worth 83 lakh crore in the previous
year. Note that the demonetisation impact would only have been registered in the finalfourto
five of 2016-17. The gains in 2017-18 will be even more.
On the other hand, the drawbacks of demonetization are as follows:
Black money
It was thought that if cash was squeezed out, the black economy would be eliminated.
But cash is only one component of black wealth: about 1% of it.
It has nowbeenconfirmedthat98.8%ofdemonetisedcurrencyhascomebacktotheReserve
Bank of India.
Further, of the 16,000 crore that is still out, most of it is accounted for. In brief, not even
0.01% of black money has been extinguished.
Black money is a result of black income generation. This is producedbyvariousmeanswhich

are not affected by the one-shot squeezing out of cash. Any black cash squeezed out by
demonetisation would then quickly getregenerated.So,thereislittleimpactofdemonetisation
on the black economy, on either wealth or incomes
GDP growth
GDP growth in the first quarter of 2017-18, at 5.7 per cent, compared with 7.9% in the same
quarter a year ago, was way lower than consensus estimates by Reuters (6.6%) and
Bloomberg (6.5%). Both supply and demand were impacted due to a combination of
demonetisation
The big failure of demonetisation is that it was carried out withoutpreparationandcausedbig

losses to the unorganised sector. This has not been factored into the recent data on growth
rate, so the loss to the economy would be in lakhs of crores of rupees. Farmers, traders and
the youth are all agitating.
Agriculture
Another factor that did not support growth as anticipated is agriculture, particularly in view of
the record food grain production in 2016-17.
Agricultural growthdeclinedto2.3%from5.2%inJanuary-March2017and2.5%inApril-June
2016. In view of record foodgrain production, it appears the shortfall is mainly due to the
underperformance of allied sectors, namely dairy, fisheries etc.
The main negative economic consequence of demonetisation has been the disruption of
unorganized supply chains that are dependent on cash transactions; it is still not clear how
smoothly they were being rebuilt as the economy was remonetized.
RBI annual report shows a rather dramatic spike in the number of suspicious transaction
reports filed by banks, financial institutions and intermediaries in 2016-17it was up from
61,361 in the previous year to a staggering 361,214.
Job Loss
Demonetization decision may have resulted inthelossofroughly1.5millionjobs,accordingto

survey data putoutbytheCentreforMonitoringIndianEconomy(CMIE).CMIEsdataisbased
on the result ofconsecutivewavesofhouseholdsurveysperformedfromJanuary2016toApril
2017 .
Conclusion:
Available data points to a lingering impact of demonetisation.
All economic data points are from the organised/corporate sector. The unorganised/informal
sector was badly impacted by demonetisation and the present data set has not been able to
capture its impact.
The annual survey of industries will be able to capture the impact of demonetisation on the
unorganised/informal sector, but this will come with a lag. The organised/corporate sector
depends on the unorganised/informal sector for provision of intermediate goodsandservices,
which are used in final production.
The Central Statistical Office is using only the database of the Ministry of Corporate Affairs.
The true picture may emerge only after the annual surveys of industries results are available.
Tax reforms and effective monitoring of suspicious transactions are a better alternative for
addressing the issues that the policy-makers sought to fix through demonetisation.
Question 11) Define and explain with examples the following terms:
a) Probity
b) Integrity
3) Objectivity
4) Accountability
Answer Structure:
Probity: The quality of having strong moral principles, honesty and rectitude. It brings the
objectivity in the concept of Ethics and Morality because it lets a person to takeanextrastep
to confer to what they feel right. It is the high action part of ethics and morality.
Example of Probity: If you found that a poor person is in distress and need some financial
help and you dont have enough money to help. Helping with how much you can is Ethics or
Morality, but arranging money for him by requesting others to also help and taking care of
non-financial part will be Probity.
Integrity: The quality to remain consistent toyourbasicethicsandmoralityevenatthetimeof

crisis. Most of the people will behave ethically inmoderatesituations,butanextremesituation
actually tests ones Integrity.
Example of Integrity: Sharing food while you are also feeling hungry with someone from
whom you dont expect anything in return shows your Integrity of moral of selfless help.
Objectivity: The ability of finding, reaching or exhibiting a discrete and clear conclusion for
your actions.
Example of Objectivity: In time of moral dilemma if you are able to come to conclusion in
lesser amount of time with clear resolution.
Accountability: The principle of taking responsibility of failure or low-quality result of your

actions. It is important attribute of highly successful and humble personalities to take full
responsibility and admit their mistake and not to hide.
Example of Accountability: If you are project owner and under your guidance whole teams
effort didnt yield expected result. Youtakeresponsibilityforitandinspireteamtoworkharder
for next time rather than blaming them for such result.
Question 12) You are stranded in traffic in your car. You are driving the car. A poor girl
looking very frail approaches you and start begging for money. Looking at her frail
appearance, out of compassion, you take out your wallet to search for a ten Rupees
note. The girl who is standing very near to you snatches the walletandstartsrunning.A
man on a motorbike who see this act, catches the girl and starts beating herinfullview
of public. Now the traffic is moving and your car is in the middle of the road. What will
you do in such a situation? And why?
Answer Structure:
Action should be as follows:
1. Park Car- so that no disturbance to the traffic
2. Call to destination where I was heading about the emergency so that they will not wait for
me.
3. Reach the spot where the man is beating girl and immediately stop him and ask himnotto
beat or take law in his hand. Thank him for taking notice of the theft and taking action, but
remind him that the girl is very young and could have acted out of hunger too. Remind him
gently that it is a public space and such act physical violence could land him in legal trouble.
This should lower his anger.
4. If girl is injured- carry out firstaidfromtheboxavailableinthecar.Gethersomethingtoeat

and drink.
5. Try toknowherhistoryandtheninformingtoNGOorchildcarecentreandpersonallytaking
totherewillbemychoicesinceleavingherjustlikethatwillmakehertorepeattheactsinceits
the poverty and poor care made her to act. If these are given girl will desist from such acts.
6.Makeanoccasionalfollowupofthegirlwiththeagencytowhomshehadbeenhandedover
to.

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TARGET MAINS Q&A | IAS 2017-18 | GS 1, 2, 3, 4

Detailed solutions (per UPSC standards) provided for all

Emphasis on providing ideal answer structure and key

Mentor inputs from Dr. Vipin Garg

Target Mains Answer Writing Initiative

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A nine-judge Constitution Bench oftheSupremeCourtruledthatrighttoprivacyisintrinsicto

Significance of the landmark Judgment:

An ordinary man notjustacitizen,butanyone,whetheranIndiannationalornot,canmovethe

The court emphasized upon personal,informationalanddigitalprivacy.Itclearedtheaironthe

Bearing over Statutes/Bills/Laws:

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While it has negative fallouts, rationallydemarcatedrestrictionsonthisfreedomandaproperly

Question 2) It is commented by many experts that Indias efforts to become NSG

The group has a set guidelines pertaining to items thatareespeciallydesignedfornuclearuse

India thinks joining the groupwillpaveitswayforsupplyingsomeofitstechnologiesandother

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Why it seems to be a futile exercise?

Critics argue that as India had already got acleanNSGwaiverin2008;alltheseeffortstogain

However, NSG membershipisanassertionofrightandjoiningitmeanparticipatingintherules

Access to technology and being allowedtoproducenuclearequipmentwillgiveaboosttothe

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On grant of membership, India will have a say in thegroupsdecisions.Indiacouldalsoplaya

However, India must further build on the theme thatdwellonIndiasstrongrecordindealing

Need for Uniform Civil Code:

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Impediments to its implementation:

The underlying principle should bethatconstitutionallawwilloverridereligiouslawinasecular

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The government is likely to scrap public distributionscheme(PDS)systemandtransfermoney

Arguments in favour of substituting PDS grain transfers with cash

1. PDS prone to corruptionandleakage:ProponentsofsubstitutingPDSgraintransfers

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Therefore, instead of cash transfer Governmentshouldgivefoodcouponsasthiswillsolvethe

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It is to be a centralized approach where the Agency will takechargeoftheassetsoftheworst

It actually suffers from certain major loopholes which cannot be ignored:

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However, setting up of PARA like institution has certain a

Reduction in burden on banks: By taking away thesebaddebts,thePARAshoulders

However, with variousdiscrepanciesthisnewinstitutionseemstoprovideanewrayofhopeto

Question 6) Ultimately it is the rural agrarian crisis whichismotivatingdominantlanded

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Stigma attached to mental ailmentsisthemainreasonwhythesocietyisstrugglingtoaddress

But there are a few issues which also needs to be addressed:

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Question 9) It has been commented by many experts that management of the

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Why there is need for PDMA?

1. Fragmented jurisdiction in public debt management: Currently the central Bank or

There is a severe conflictofinterestbetweensettingtheshortterminterestrate(i.e.thetaskof

Challenges/issues related to PDMA:

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1. The size and dynamicsofgovernmentmarketborrowinghasamuchwiderinfluenceon

Even though Government has taken several steps in Recent YearsLikeMakeinIndia,passing

Reasons behind this trend:

1. Demand is not in a comfortable trajectory: Demand is the majorfactortoattractthe

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Question 11) Youareadistrictlevelofficer,inchargeofCivilSupplies.Youaretoensure

(a) What are the various options before you?

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