BPSC Mains PYQs

An independent judiciary is a cornerstone of the Constitution of India. It ensures that the judiciary is free from any external influence, especially from the executive or legislature. One of the key powers of the judiciary is judicial review, which allows courts, particularly the Supreme Court, to examine the constitutionality of laws and actions of the government. In recent years, judicial activism has played a significant role in expanding the powers of the judiciary, particularly the Supreme Court, in areas where it has intervened beyond traditional judicial review.

The Concept of Judicial Review

Judicial review refers to the power of the judiciary to examine the actions of the executive and legislature to ensure they align with the Constitution. It acts as a check on legislative and executive powers, preventing any unconstitutional actions or laws.

• Example: The Kesavananda Bharati Case (1973) was a landmark judgment where the Supreme Court asserted the Basic Structure Doctrine, holding that the Parliament cannot alter the “basic structure” of the Constitution. This judgment gave judicial review a prominent role in maintaining constitutional integrity.

Judicial Activism and Its Impact

Judicial activism refers to the proactive role played by the judiciary, particularly the Supreme Court, in interpreting the Constitution and laws in a broader, sometimes innovative, way. Judicial activism has significantly increased the powers of the Supreme Court in India by allowing it to intervene in various areas of public policy, social justice, and fundamental rights.

1. Expansion of Fundamental Rights

The Supreme Court, through judicial activism, has expanded the scope of Fundamental Rights under Part III of the Constitution. It has interpreted these rights in ways that address contemporary issues, even if these were not explicitly mentioned in the Constitution.

• Example: In the Right to Privacy case (2017), the Supreme Court declared that the right to privacy is a fundamental right under the Constitution, even though it was not explicitly mentioned. This ruling expanded the scope of Article 21 (Right to Life and Personal Liberty), making it more comprehensive in protecting citizens’ privacy against state intrusion.

2. Public Interest Litigation (PIL)

One of the significant tools of judicial activism has been Public Interest Litigation (PIL), which allows any public-spirited citizen to approach the Supreme Court or High Courts for redressal of grievances related to public interest or human rights violations. This has enabled the Court to address issues affecting large sections of society that may have been overlooked by the government.

• Example: In the environmental case of the Ganga River pollution (2014), the Supreme Court, through PIL, took suo motu (on its own initiative) action against the pollution of the Ganga River and directed the government to take steps to clean and preserve it.

3. Expansion of Social Justice

Judicial activism has been a driving force in advancing social justice in India. The Supreme Court has often intervened to ensure that the marginalized sections of society, including women, Dalits, and tribals, are granted their rightful share of justice.

• Example: In the Vishaka case (1997), the Supreme Court laid down guidelines to prevent sexual harassment at the workplace, which eventually led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This was a clear example of judicial activism filling a legislative gap.

4. Government Accountability

Judicial activism has led to greater accountability for the executive and legislature. The judiciary has often called out the government for inaction or for passing unconstitutional laws, thereby enforcing its responsibility towards the public.

• Example: The 2G Spectrum case (2012) saw the Supreme Court quashing 122 telecom licenses granted by the government, ruling that they had been issued arbitrarily. This case demonstrated the judiciary holding the executive accountable for its actions.

Arguments for Judicial Activism

1. Protection of Fundamental Rights: Judicial activism has ensured that the government is held accountable for any infringement of the fundamental rights of citizens, especially in cases where legislative and executive branches fail to act.
2. Filling Gaps in Law: In the absence of clear laws on emerging issues, judicial activism has played a role in creating frameworks for new areas of law, such as environmental protection and women’s rights.
3. Social Justice and Equity: Through its proactive approach, the judiciary has safeguarded the rights of marginalized and vulnerable groups in society.

Arguments Against Judicial Activism

1. Encroachment on Legislative Powers: Critics argue that judicial activism sometimes encroaches upon the domain of the legislature, creating laws or policies rather than just interpreting them. This undermines the principle of separation of powers.
2. Judiciary Overreach: Some believe that judicial activism may lead to judicial overreach, where the judiciary steps into areas traditionally governed by the executive, such as policy making, leading to a conflict of authority.
3. Undemocratic Approach: Judicial activism can be seen as undemocratic, as it gives unelected judges the power to make decisions that affect millions, which should ideally be within the purview of elected representatives.

Bihar, a state in eastern India, has a unique history of industrial development. Despite having abundant natural resources, a strategic geographical location, and a rich historical legacy, the industrial growth in Bihar has been comparatively slower than in many other states of India. This discrepancy has been the result of several historical, economic, and political factors. However, in recent years, the state has made efforts to improve its industrial scenario.

Current Industrial Status in Bihar

1. Industrial Output:
   • Bihar’s industrial output is low compared to many states in India. The state’s contribution to the national industrial output is modest, with sectors like manufacturing, food processing, and handloom weaving dominating its industrial landscape.
   • Major industries in Bihar include food processing, sugar manufacturing, textiles, and cement. Patna, Muzaffarpur, and Bhagalpur are some of the key industrial hubs in the state.
2. Key Industrial Sectors:
   • Agriculture-based industries: Bihar has a strong base in agricultural products, and industries like food processing, sugar mills, and grain milling are significant. The state is a major producer of maize, wheat, and rice.
   • Handicrafts: Bihar is also famous for handloom weaving, especially in Bhagalpur, known as the “Silk City”, where silk and sericulture products are made.
   • Cement: Bihar has cement plants due to its rich limestone deposits.

Industrial Development in India: A National Perspective

1. Nationwide Industrial Growth:
   • In contrast to Bihar, India’s industrial development has seen a much faster pace, particularly in regions like Gujarat, Maharashtra, Tamil Nadu, and Haryana.
   • The growth of information technology (IT), automobile manufacturing, and heavy industries in states like Karnataka, Maharashtra, and Tamil Nadu has played a significant role in national economic growth.
2. Disparities in Growth:
   • India has seen a rise in the number of special economic zones (SEZs), which have attracted significant foreign investment, whereas Bihar has lagged behind in such initiatives.

Causes of Industrial Backwardness in Bihar

Several factors have contributed to the slow pace of industrialization in Bihar:

1. Lack of Infrastructure:
   • Bihar has historically struggled with poor infrastructure, including limited transportation networks, electricity shortages, and inadequate water supply. These factors discourage industrial development and investment in the state.
2. Political Instability:
   • Bihar has experienced political instability, particularly during the 1970s to the early 2000s, which hindered long-term industrial planning and the establishment of industries.
3. Agrarian Economy:
   • The state’s economy has remained heavily dependent on agriculture, and there has been a lack of focus on industrialization. The traditional reliance on agriculture left little room for industrial growth.
4. Lack of Investment:
   • Bihar has historically been an underperforming state in terms of attracting both domestic and foreign investment. The absence of an industrial culture and the lack of incentives for industries have kept the state economically backward.
5. Natural Calamities:
   • Floods and droughts in Bihar also disrupt agricultural and industrial activities. This makes the state’s economy vulnerable to natural disasters, which has further delayed industrial growth.

Remedial Steps Taken by the Government of Bihar

In recent years, the state government has taken several steps to address these issues and stimulate industrial growth:

1. Bihar Industrial Investment Promotion Policy:
   • The Bihar Industrial Investment Promotion Policy (2016) aims to attract investments, boost manufacturing, and create jobs. The policy provides incentives like subsidies, tax exemptions, and infrastructure development to encourage industrial growth.
2. Special Economic Zones (SEZs):
   • The establishment of Special Economic Zones (SEZs) and industrial clusters has been a step toward attracting investment in key sectors like electronics, automobiles, and agriculture-based industries.
3. Development of Infrastructure:
   • The state has worked on improving infrastructure, including roads, power supply, and water management. The Bihar State Industrial Investment Fund is also a part of the infrastructure development plan, facilitating the establishment of new industries.
4. Promotion of Entrepreneurship:
   • The government has focused on entrepreneurship development through various schemes like the Bihar Start-Up Policy (2017). This is designed to encourage young entrepreneurs to set up small and medium-sized enterprises (SMEs) in Bihar.
5. Focus on Skill Development:
   • The state has also focused on skill development programs to meet the demands of new industries, improving the employability of the local workforce.
6. Water Resources Management:
   • Efforts to improve water resource management, especially to mitigate flood damage, have been a priority to ensure consistent industrial operations in the state.

The JEEVIKA Scheme is an initiative by the Bihar Rural Livelihoods Promotion Society (BRLPS) aimed at promoting rural livelihoods and economic self-sufficiency, especially for women in Bihar. Established in 2006 with support from the World Bank, the program primarily focuses on empowering women through various means, including economic support, skill development, and access to financial resources. The goal is to uplift rural women from poverty and create sustainable livelihoods in rural Bihar.

Objectives of the JEEVIKA Scheme

1. Economic Empowerment of Women:
   • JEEVIKA aims to increase the income-generating opportunities for rural women through self-help groups (SHGs) and providing access to finance, skill development, and entrepreneurship training.
2. Financial Inclusion:
   • The scheme promotes financial literacy and inclusion, facilitating women’s access to savings, credit, and insurance services. Women are encouraged to manage their finances effectively through SHGs, which in turn boosts their financial independence.
3. Social Empowerment:
   • It focuses on social empowerment by enhancing women’s decision-making power within households and communities, thus enabling them to become leaders and active participants in the social and political life of their communities.
4. Improvement in Rural Livelihoods:
   • By providing access to credit and facilitating community-based economic activities, the scheme works towards improving the livelihoods of rural families, particularly in sectors such as agriculture, animal husbandry, handicrafts, and small-scale industries.
5. Promotion of Gender Equality:
   • JEEVIKA works to bridge the gender gap by involving women in leadership roles and decision-making processes, both within their families and communities.

Role of the JEEVIKA Scheme in Women Empowerment in Bihar

The JEEVIKA Scheme has had a significant impact on women’s empowerment in Bihar. The program’s design and execution have helped women in rural areas to gain autonomy, both economically and socially. Below are the major contributions of JEEVIKA to women’s empowerment:

1. Economic Empowerment through Self-Help Groups (SHGs)

• Formation of SHGs: One of the core features of JEEVIKA is the creation of self-help groups (SHGs), which consist mainly of rural women. These groups help women pool their savings, access micro-loans, and start small businesses or engage in income-generating activities.
• Micro-Credit Access: SHGs enable women to access micro-credit, which they can use for personal or community-driven development projects. This financial access has helped women become more economically self-reliant.

Example: In Madhubani District, women involved in SHGs were able to start small businesses such as poultry farming, vegetable cultivation, and tailoring, thereby contributing to their families’ income and improving their socio-economic statusl Empowerment**

• Decision-making Power: JEEVIKA has empowered women by providing them with a platform to participate in community decision-making. Many women who were once confined to household roles now have a say in local governance and community matters.
• Leadership Roles: The scheme has created many female leaders who run SHGs and have a significant influence in their communities. This visibility and influence have broken traditional gender barriers in rural Bihar.

Example: In some areas, SHG leaders have become active members of local panchayats (village councils) and have played crucial roles in advocating for women’s rights and addressing local issues like education, healthcare, and sanitation.

3. Access to Training and Capacity Building

• The JEEVIKA scheme provides women with the necessary skills training to enhance their capabilities and engage in diverse activities such as handicraft making, animal husbandry, agriculture, and small business development.
• Through partnerships with various institutions, JEEVIKA offers vocational training, financial management courses, and leadership development programs.

Example: Women in rural Bihar who were trained under JEEVIKA have launched successful ventures in handicrafts like Madhubani painting, sari weaving, and lacquerware. This has not only enhanced their income but also preserved traditional art forms.

4. Improved Health and Education Outcomes

• As women gain economic independence, they also have greater control over household resources, leading to better health and educational outcomes for their families.
• Health awareness programs under JEEVIKA have led to better maternal and child health in rural areas. Additionally, women are now more likely to send their children, especially girls, to school.

Example: In regions where JEEVIKA has been active, there has been an increase in the female literacy rate, and more women are opting for family planning methods to manage reproductive health.

Conclusion: Evaluating the Impact of JEEVIKA on Women Empowerment

JEEVIKA has undoubtedly played a crucial role in empowering women in Bihar by providing them with the tools to achieve economic, social, and political empowerment. The establishment of SHGs has helped women gain financial independence, leadership roles, and active participation in community development.

While the scheme has seen notable successes, challenges remain. These include limited reach in some remote areas, the need for further capacity building, and overcoming resistance to women’s empowerment in deeply patriarchal regions. However, in the long term, JEEVIKA holds significant potential for transforming the lives of rural women, contributing not only to their personal empowerment but also to the overall development of Bihar.

In summary, JEEVIKA is a powerful tool for women’s empowerment, and its continued growth and expansion can make a transformative impact on the socio-economic fabric of rural Bihar.