Model Answer

Introduction

The National Judicial Appointments Commission (NJAC) Act, 2014, aimed to reform the appointment process of judges in the higher judiciary of India. However, it was declared unconstitutional by the Supreme Court in the landmark case of Supreme Court Advocates-on-Record Association v. Union of India (2015).

Supreme Court’s Judgment

In October 2015, the Supreme Court, in a 4:1 majority verdict, struck down the NJAC Act and the 99th Constitutional Amendment, emphasizing the need to protect judicial independence.

Balancing Judicial Independence and Accountability

1. Composition of NJAC: Critics argued that the inclusion of executive members and eminent persons in the NJAC undermined judicial independence. Proponents contended that this composition could enhance transparency and diversity in appointments, addressing the opaque nature of the collegium system .
2. Judicial Independence: The Court underscored the necessity of safeguarding judicial independence. Critics assert that the Court did not fully consider how the NJAC could improve transparency and accountability in the appointment process, which are significant concerns in the existing system .
3. Concentration of Power: Supporters of the NJAC argued that including non-judicial members would prevent the concentration of power within the judiciary. In contrast, critics feared that the NJAC might centralize power among the Chief Justice of India (CJI) and two senior-most judges, jeopardizing judicial independence .
4. Basic Structure Doctrine: The Court held that the NJAC Act violated the basic structure doctrine, essential for maintaining the Constitution’s core features. Critics argue that this doctrine should not impede necessary reforms, especially given the longstanding criticisms of the collegium system .
5. Arbitrary Veto Power: The NJAC’s provision allowing any two members to block an appointment was deemed arbitrary by the Court. Critics contend that this was intended to foster consensus and that the Court’s concerns were based on assumptions rather than concrete evidence .

Conclusion

While the Supreme Court’s concerns about judicial independence are legitimate, critics argue that the NJAC Act represented a potential opportunity for reform that could have preserved judicial integrity while enhancing accountability. The reinstatement of the collegium system, criticized for its lack of transparency, left significant questions about future judicial appointments unresolved.

Model Answer

Introduction

The Constitution (One Hundred and First Amendment) Act, 2016, introduced the Goods and Services Tax (GST) in India, fundamentally changing the indirect tax landscape and aiming to create a unified national market for goods and services.

Salient Features of the GST

1. Dual GST Structure: The GST comprises Central GST (CGST) and State GST (SGST) or Union Territory GST (UTGST), allowing for concurrent taxation by both the central and state governments, depending on the transaction type .
2. Integrated GST (IGST): For inter-state transactions and imports, IGST is levied and administered by the Central Government, facilitating smoother interstate trade .
3. Destination-Based Taxation: GST operates on a destination-based taxation model, meaning the tax revenue is collected by the state where the goods or services are consumed, promoting equitable distribution of tax revenues .
4. GST Council: The amendment established the GST Council, a constitutional body comprising representatives from the Central Government and all States/Union Territories, responsible for determining tax rates and policies .
5. Compensation to States: To mitigate potential revenue losses for states, the amendment provides for compensation for five years from the implementation of GST, ensuring financial stability for states .

Efficacy in Removing Cascading Effect and Creating a Common Market

The GST has significantly reduced the cascading effect of taxes by subsuming multiple indirect taxes—like excise duty, service tax, and value-added tax—into a single entity. This simplification leads to improved transparency and compliance, as businesses are incentivized to maintain proper records through the input tax credit system .

Moreover, by harmonizing tax rates and eliminating state-level barriers, GST facilitates the creation of a common national market, enhancing economic efficiency and making it easier for businesses to operate across state lines .

However, challenges remain. The presence of multiple tax rates can confuse businesses, particularly small and medium-sized enterprises (SMEs), which may struggle with compliance and digital filing requirements. Additionally, some states may still experience revenue losses despite the compensation mechanism, as they lose the autonomy to levy their own taxes .

Conclusion

While the GST is a significant step towards a unified tax structure and a common market, addressing ongoing challenges and further simplifying the tax framework will be crucial for enhancing its overall efficacy in achieving its stated objectives.

Model Answer

The ongoing US-Iran Nuclear Pact Controversy has significant implications for India’s national interests, necessitating a careful and strategic response.

Impact on India’s National Interests

1. Energy Security: India relies heavily on Iranian oil to meet its energy needs. The US sanctions on Iran have already impacted India’s access to this crucial energy source, and further escalation in the controversy could exacerbate these challenges, potentially leading to increased oil prices and supply disruptions.
2. Chabahar Port Development: India has invested significantly in the Chabahar Port project in Iran, which is vital for accessing Afghanistan and Central Asia. The US sanctions have already slowed down the development of this strategic port, and any intensification of the US-Iran tensions could further delay its completion, undermining India’s strategic objectives in the region.
3. Regional Stability: A military confrontation between the US and Iran could destabilize the entire Middle East, posing security risks for India. India has consistently advocated for peaceful conflict resolution, and any escalation could threaten its interests in maintaining regional stability.
4. Diplomatic Balancing Act: India has maintained a delicate balance in its relationships with both the US and Iran. The current situation requires India to navigate its diplomatic ties carefully to avoid alienating either party, which is crucial for its broader foreign policy goals.

India’s Response

1. Diplomatic Engagement: India should actively engage with both the US and Iran to advocate for a peaceful resolution to the controversy, ensuring that its national interests are not compromised.
2. Exploring Alternative Energy Sources: To reduce dependence on Iranian oil, India should diversify its energy imports and invest in domestic energy production, including renewable sources.
3. Strengthening Regional Cooperation: India should enhance its cooperation with other regional players and engage with countries like China and Russia to foster a collaborative approach towards stability in the region.

Conclusion

The US-Iran Nuclear Pact Controversy poses significant challenges for India, impacting its energy security, strategic projects, and regional stability. A measured and diplomatic response is essential for safeguarding India’s national interests.

Model Answer

Introduction

India-Israel relations exemplify realism in foreign policy. Since the establishment of diplomatic ties in 1992, the partnership has rapidly expanded, covering diverse areas such as defense, homeland security, agriculture, water management, and education. A significant turning point in this relationship is the recent de-hyphenation of Israel and Palestine policies, allowing India to engage more freely with Israel.

Defense and Security Cooperation

The foundation of India-Israel relations is built on robust defense and security collaboration. This partnership has been particularly crucial in counter-terrorism, intelligence sharing, and military training. For instance, in 2017, India signed a significant $2 billion deal with Israel for advanced missile defense systems, enhancing India’s capacity to address cross-border threats.

Agricultural Cooperation

Agricultural collaboration stands out as another pillar of this partnership. India has integrated several Israeli agricultural technologies, notably drip irrigation, to boost productivity. The Indo-Israel Agriculture Project in Haryana exemplifies this cooperation, where farmers have seen increased crop yields and improved incomes through the adoption of innovative practices.

Economic Cooperation

Economic ties between India and Israel have also deepened, with both nations ranking among each other’s top trading partners. The launch of a joint innovation fund in 2020 highlights their commitment to fostering start-ups and promoting investment, signaling a growing economic synergy.

Cultural Exchanges

Cultural exchanges have flourished, further strengthening the bilateral relationship. Indian films filmed in Israel and performances by Israeli artists in India have fostered people-to-people connections, enriching cultural ties.

Conclusion

In conclusion, India’s relations with Israel have indeed acquired a depth and diversity that cannot be rolled back. The strategic partnership has evolved into a multidimensional relationship grounded in mutual interests and shared values, positioning both countries for future collaboration.

Model Answer

Introduction

The 2022 Global Hunger Index ranks India 107th out of 121 countries, revealing a critical hunger crisis. With the world’s highest child wasting rate at 19.3%, the issue extends beyond mere food scarcity. It is a complex interplay of socio-economic factors, health and sanitation issues, and human development policies. Therefore, a comprehensive approach is vital to holistically address India’s hunger challenge.

Impact of Ineffective Human Development Policies

1. Education

Limited access to quality education severely impacts individuals’ ability to make informed choices about nutrition and health. Poor implementation of The Right to Education Act has resulted in low literacy rates, which correlates with limited knowledge of health and nutrition. According to the National Sample Survey, illiteracy contributes significantly to cycles of hunger and malnutrition .

2. Health

Weak healthcare infrastructure exacerbates hunger and malnutrition, particularly among vulnerable groups like pregnant women and children. Despite initiatives like the National Health Mission, shortages of healthcare professionals and restricted access to primary healthcare in rural areas contribute to high maternal and child mortality rates. The Registrar General of India reports that maternal mortality remains a pressing issue, largely tied to inadequate healthcare services.

3. Social Protection

Insufficient social protection programs hinder support for vulnerable populations, pushing them deeper into poverty. For instance, the Public Distribution System (PDS), intended to provide subsidized food, suffers from leakages and corruption, limiting its efficacy in reducing hunger. A study by the Food and Agriculture Organization (FAO) indicates that inefficiencies in PDS undermine food security efforts.

Interconnectedness of Food Availability and Human Development Policies

While policies like the National Food Security Act aim to provide subsidized food, their effectiveness hinges on coordination with human development policies. Additionally, Pradhan Mantri Gram Sadak Yojana (PMGSY) has improved rural connectivity, enhancing access to markets, healthcare, and education, thus contributing to overall well-being.

Conclusion

Focusing solely on food availability as the main cause of hunger overshadows the critical role of ineffective human development policies. A comprehensive approach that integrates food security with education, health, social protection, and infrastructure development is essential to effectively tackle hunger and malnutrition in India.