Model Answer

Devolution of Powers under the 73rd and 74th Constitutional Amendment Acts

The 73rd and 74th Constitutional Amendment Acts, enacted in 1993, were pivotal in granting constitutional recognition to local government bodies in India, establishing a framework for decentralized governance through the empowerment of Panchayat Raj Institutions (PRIs) and Urban Local Bodies (ULBs).

Key Features of Devolution

1. Three-Tier Structure: The Acts mandated a three-tier structure for local governance, comprising Panchayats at the village, intermediate, and district levels, along with Municipalities in urban areas. Gram Sabhas were also created, which include all registered voters in the Panchayat area (Source: Ministry of Panchayati Raj).
2. Devolution of Functions: The 11th and 12th Schedules delineate 29 and 18 subjects for the PRIs and ULBs, respectively, specifying the functional roles of local bodies (Source: The Constitution of India).
3. Election Conduct: The establishment of the State Election Commission provided for periodic elections of local bodies every five years, enhancing democratic practices at the grassroots level (Source: State Election Commission Reports).
4. Financial Devolution: Each state is required to form a State Finance Commission every five years to assess the financial status of local bodies. PRIs have autonomy to levy taxes and receive grants from the state’s consolidated fund (Source: Finance Commission Reports).

Evaluation of Devolution’s Effectiveness

Despite these provisions, the actual devolution of power remains largely unfulfilled. There is significant ambiguity regarding functional jurisdiction, often left to state legislative discretion. Local bodies are frequently undermined by state bureaucracy, lacking administrative autonomy and control over staff or budgets in sectors like health (Source: Various committee reports).

Additionally, local bodies face inadequate involvement in policy-making for welfare programs and are dependent on state and central financial resources due to insufficient revenue-generating capabilities.

In conclusion, while the 73rd and 74th Constitutional Amendment Acts laid a strong foundation for local governance, the devolution process has not been satisfactory so far. Addressing these challenges is crucial to achieving the desired empowerment of local bodies, which will facilitate participatory democracy and local development.

Model Answer

Veto Powers of the President of India

The President of India holds significant authority in the legislative process through his/her veto powers, as stipulated in Article 111 of the Indian Constitution. This authority allows the President to either approve, reject, or withhold assent to bills passed by Parliament, thereby playing a crucial role in shaping legislation.

1. Absolute Veto

The absolute veto allows the President to withhold assent to a bill entirely, resulting in it lapsing and not becoming law. This power is invoked under specific circumstances:

• When the bill is a Private Member’s Bill.
• If a cabinet resigns before the President can give assent, and the new cabinet advises against it. Notable instances include the exercise of absolute veto against the PEPSU Appropriation Bill in 1954 and the Salary, Amendments and Pension of Members of Parliament (Amendment) Bill in 1991 (Source: Indian Constitution and legislative records).

2. Suspensive Veto

The suspensive veto enables the President to return a bill to Parliament for reconsideration, either with or without recommendations. This power can be overridden if Parliament re-passes the bill; in such a case, the President is obliged to grant assent without further veto. Notably, this veto cannot be applied to Money Bills. Additionally, no state legislature can override the President’s suspensive veto concerning state bills (Source: Legislative Procedures of India).

3. Pocket Veto

The pocket veto empowers the President to take no action on a bill, effectively “putting it in his pocket.” The Constitution does not specify a time limit for the President’s response, allowing for this form of veto. An example is the use of pocket veto on the Indian Post Office (Amendment) Bill, preventing it from becoming law (Source: Legislative Analysis).

In summary, these veto powers provide the President of India with critical oversight in the legislative process, allowing for reflection and necessary checks on potentially hasty legislation.

Model Answer

Defining Judicial Activism

Judicial Activism is a judicial philosophy wherein courts interpret laws and the Constitution in a manner that advances progressive social policies, often departing from traditional precedents. This approach is reflected when higher courts, such as the Supreme Court or High Courts, compel authorities to act or shape government policies. Notable examples include directives for the creation of a new policy to combat drought or the establishment of a panel to manage bad loans (Source: Judicial Activism Overview).

Judicial Overreach

In contrast, Judicial Overreach represents an extreme manifestation of judicial activism. It occurs when the judiciary makes arbitrary decisions that impinge upon the responsibilities of the legislature or executive. A cited example includes the Supreme Court’s ruling to halt the issuing of licenses for new liquor shops along highways, which many interpret as overstepping its mandate (Source: Judicial Overreach Insights).

Associated Concerns

While judicial activism can yield positive outcomes for society, its overuse raises several concerns:

1. Undermining Separation of Powers: The extraordinary powers conferred to the Supreme Court under Article 142 of the Constitution may challenge the principle of separation of powers. Frequent usage of this power risks encroaching upon legislative responsibilities (Source: Constitutional Framework Analysis).
2. Lack of Oversight: Judicial orders sometimes neglect practical limitations faced by the legislature and executive, such as funding and functional frameworks. For instance, the cancellation of coal and spectrum allocations adversely affected the nation’s financial health (Source: Economic Impact Studies).
3. Accountability Issues: The judiciary lacks the same level of accountability to the public as the other branches of government. Its ability to punish for contempt of court may shield it from criticism, complicating public discourse on judicial decisions (Source: Accountability in Governance).
4. Threat to Credibility: Continuous overreach may tarnish the judiciary’s image and credibility, leading to public skepticism regarding its impartiality and legitimacy (Source: Credibility of Judicial Institutions).

Conclusion

The Supreme Court has often emphasized the need for judicial restraint, advocating that judiciary actions should align with legitimate judicial review rather than serve as a super-legislature (Source: Judicial Restraint Principles).

Model Answer

Introduction

The Public Distribution System (PDS) in India plays a crucial role in managing food scarcity by ensuring the availability of essential food grains at subsidized prices. However, it has faced numerous challenges, including bogus cards, identification failures, leakages, and issues affecting married women.

Addressing Challenges through Digital Transformation

1. Combating Bogus Cards and Ghost Beneficiaries

The digital transformation, particularly the linkage of PDS with Aadhaar, has significantly reduced the incidence of bogus cards. In 2020, it was reported that around 22% of PDS cards in Chhattisgarh were fraudulent (16 lakh out of 72 lakh cards). The use of biometric authentication at Fair Price Shops (FPSs) has made it more difficult for ghost beneficiaries to exploit the system, thereby ensuring grains reach the intended beneficiaries (source: Government of India).

2. Improving Identification of Beneficiaries

Electronic Point of Sale (ePoS) devices have been installed in approximately 95% of FPSs (about 5.07 lakh out of 5.33 lakh) for efficient identification and authentication of consumers. This technological advancement minimizes issues with biometric failures and ensures that deserving families receive their entitled rations (source: Government of India).

3. Enhancing Transparency and Reducing Leakages

End-to-end computerization and the establishment of smart ration cards have increased transparency in the distribution process. In states like Chhattisgarh, Tamil Nadu, and Delhi, these initiatives allow for better tracking of allocations and inventories, thus addressing the leakage of food grains, which was reported at 46.7% according to the NSSO (2011-2012) (source: NSSO).

4. Data Collection and Portability

The implementation of the Annavitran and IM-PDS portals has created a central repository for ration cards and beneficiaries’ data, facilitating the “One Nation, One Ration Card” scheme. This system allows beneficiaries to access their entitlements regardless of their location, thus improving mobility and reducing discrepancies in food distribution (source: Government of India).

Conclusion

The digital transformation of the PDS in India has played a pivotal role in addressing existing challenges, enhancing transparency, improving beneficiary identification, and reducing leakages. With continued investments in technology and infrastructure, these improvements can lead to a more efficient and equitable public distribution system.

Model Answer

Importance of International Cooperation in Disaster Risk Reduction

The need for international cooperation in disaster risk reduction (DRR) has become increasingly vital in light of the near doubling of major disaster events over the last two decades, exacerbated by climate change (UNISDR). Effective collaboration among nations can significantly enhance preparedness and response strategies, which include sharing critical data on severe weather patterns, hazard forecasts, and early warning systems. Only half of the 193 World Meteorological Organization members currently have multi-hazard early warning systems, highlighting the need for improved communication and data sharing to enable risk-informed disaster management decisions.

International cooperation is also crucial during the post-disaster phase. Coordinated efforts can vastly improve response times, particularly in the first 48 hours following a disaster when local capabilities may be overstretched. Such cooperative frameworks lead to shared resources and expertise, resulting in more effective recovery operations and improved development outcomes (UNISDR). Furthermore, collaboration in humanitarian assistance can bolster diplomatic relations, cultivating a sense of mutual trust among nations (UNISDR). As climate phenomena do not respect borders, regional cooperation has become an essential strategy for tackling natural hazards (UNDRR).

India’s Initiatives for Regional Cooperation in Disaster Mitigation

India has taken several significant steps to enhance regional cooperation in disaster risk management:

1. Sendai Framework Commitment: As a signatory to the Sendai Framework for Disaster Risk Reduction, India is committed to systematically reducing disaster risks and losses.
2. Bilateral and Multilateral Agreements: India has established the SAARC Agreement on Rapid Response to Natural Disasters, along with various MOUs with countries such as Japan and Switzerland, focusing on cooperative disaster management efforts.
3. Regional Partnerships: India collaborates with organizations like the SAARC Disaster Management Centre and the Asian Disaster Preparedness Centre to enhance regional preparedness.
4. Coalition on Disaster Resilient Infrastructure (CDRI): Launched by India, the CDRI focuses on promoting knowledge exchange and investment in disaster-resilient infrastructure systems globally.
5. Indian Ocean Rim Association: India engages in cooperative strategies to manage disaster preparedness and response effectively in the Indian Ocean region.

In summary, India’s proactive initiatives contribute significantly to fostering a cooperative framework for mitigating disaster risks and promoting sustainable development across the region.