Model Answer:

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) in India has grown significantly since its inception in the 1980s. The reasons for this growth include:

• Relaxation of locus standi: The Supreme Court eased rules for filing cases, allowing any public-spirited individual to petition on behalf of the marginalized.

• Judicial activism: The judiciary took a proactive stance in addressing social issues. The Vishaka case (1997) is a prime example, where the court laid down guidelines for preventing sexual harassment at workplaces.

• Socio-economic conditions: Widespread poverty and governance gaps necessitated judicial intervention. The Right to Food case (2001) led to the implementation of mid-day meal schemes in schools.

• Constitutional interpretation: Liberal interpretation of fundamental rights broadened the scope for PILs. In Maneka Gandhi v. Union of India (1978), the court expanded the interpretation of Article 21.

• Increased awareness: Growing rights consciousness led to more people seeking judicial remedies for societal issues.

As a result, the Indian Supreme Court has emerged as a powerful judiciary:

• Expanded jurisdiction: The court now addresses various social and environmental issues. In M.C. Mehta v. Union of India (1988), it tackled environmental pollution, leading to the closure of polluting tanneries.

• Policy influence: PILs have shaped government policies. The Vineet Narain case (1998) led to systemic changes in the CBI’s functioning.

• Monitoring role: The court issues directives to executive bodies and monitors implementation. In the 2G spectrum case (2012), it oversaw the investigation and cancelled 122 telecom licenses.

• Constitutional guardian: PILs have reinforced the court’s role as the protector of rights. The Right to Privacy judgment (2017) declared privacy a fundamental right.

• Global precedent: The Indian model of PIL has influenced judicial systems in other countries, particularly in South Asia.

Conclusion: PILs have transformed India’s Supreme Court into a powerful institution with far-reaching influence on governance and social justice.

Model Answer:

Centre-State Relations

Centre-State relations are a crucial aspect of India’s federal structure, ensuring balanced governance and development across the nation. The Union Government has recently introduced several changes in this domain:

• Implementation of Goods and Services Tax (GST): This major fiscal reform has altered the tax collection and distribution mechanism between the Centre and States, impacting financial autonomy.

• Amendments to All India Services rules: Changes in deputation and transfer policies have given the Centre more control over IAS, IPS, and IFoS officers, affecting state administrative autonomy.

• Restructuring of Centrally Sponsored Schemes: The rationalization of these schemes has led to changes in funding patterns and implementation processes, influencing state-level development initiatives.

• NITI Aayog’s evolving role: As a replacement for the Planning Commission, NITI Aayog’s functioning has redefined Centre-State planning and policy coordination mechanisms.

To build trust and strengthen federalism, the following measures can be adopted:

1. Revitalize the Inter-State Council:
• Hold regular meetings to discuss and resolve Centre-State issues
• Ensure follow-up actions on decisions taken during these meetings

2. Enhance fiscal federalism:
• Review and refine GST implementation based on state feedback
• Ensure timely release of states’ share in central taxes and grants

3. Strengthen cooperative federalism:
• Involve states more actively in formulating national policies
• Respect state autonomy in subjects under the State List

4. Reform the role of Governors:
• Establish clear guidelines for Governor appointments and functions
• Ensure impartiality in their role as a link between Centre and States

5. Empower local self-governance:
• Strengthen Panchayati Raj Institutions and urban local bodies
• Ensure devolution of funds, functions, and functionaries

Conclusion: Balancing Centre-State relations is vital for India’s governance. Trust-building and strengthening federalism require continuous dialogue, cooperation, and mutual respect between both levels of government.

Model Answer:

Right to Privacy

The right to privacy is intrinsic to life and personal liberty, inherently protected under Article 21 of the Indian Constitution. This interpretation has evolved through judicial pronouncements:

• In R. Rajagopal v. State of Tamil Nadu (1994), the Supreme Court recognized the right to privacy as part of the right to “life” and “personal liberty” guaranteed under Article 21.

• The landmark judgment in Justice K.S. Puttaswamy v. Union of India (2017) conclusively established privacy as a fundamental right, deriving it from Article 21.

• The court held that privacy is essential for the exercise of personal liberty and the preservation of human dignity, thus intrinsically linked to the core of Article 21.

Regarding DNA testing of a child in the womb to establish paternity:

1. Legal Framework:
• No specific legislation governs prenatal paternity testing in India.
• The DNA Technology (Use and Application) Regulation Bill, if passed, may provide some guidelines.

2. Judicial Stance:
• In Bhabani Prasad Jena v. Orissa State Commission for Women (2010), the Supreme Court held that DNA tests should not be ordered routinely, but only when a strong prima facie case is made out.

3. Privacy Concerns:
• Prenatal paternity testing involves the privacy rights of the mother, the unborn child, and the alleged father.
• It raises ethical questions about the child’s right to privacy even before birth.

4. Balancing Rights:
• Courts must balance the right to privacy against the right to know one’s biological parentage.
• The child’s best interests are often given paramount importance in such decisions.

5. Consent and Counseling:
• Informed consent of the mother is crucial for prenatal testing.
• Proper counseling should be provided to all parties involved due to potential psychological impacts.

Conclusion: While privacy is fundamental under Article 21, its application in prenatal paternity testing requires careful legal and ethical consideration.

Model Answer:

The Public Examinations (Prevention of Unfair Means) Bill, 2024

The Public Examinations (Prevention of Unfair Means) Bill, 2024 aims to prevent unfair practices in public examinations conducted by specified authorities. The key aims and objects of the Bill include:

1. Preventing unfair means: The Bill defines and prohibits various unfair practices such as paper leaks, assisting candidates during exams, tampering with computer networks, and conducting fake examinations.

2. Punitive measures: It establishes strict penalties for offenses, including imprisonment of 3-5 years and fines up to Rs 10 lakh for individuals, and up to Rs 1 crore for service providers.

3. Accountability of service providers: The Bill mandates reporting of violations by service providers and imposes severe penalties for non-compliance or direct involvement in offenses.

4. Tackling organized crime: It defines and provides harsher punishments for organized crimes related to public examinations, including imprisonment of 5-10 years and fines of at least Rs 1 crore.

5. Investigative framework: The Bill establishes procedures for inquiry and investigation of offenses, making them cognizable, non-bailable, and non-compoundable.

Scope of examinations covered:

The Bill applies to examinations conducted by specified authorities, including:
– Union Public Service Commission
– Staff Selection Commission
– Railway Recruitment Board
– National Testing Agency
– Institute of Banking Personnel Selection
– Central government departments and attached offices for recruitment

University and State Education Board examinations are not explicitly mentioned in the list of covered examinations. However, the central government has the authority to notify additional examination authorities under the Bill’s purview.

Conclusion: The Bill aims to comprehensively address unfair practices in public examinations through prevention, punishment, and improved accountability.

Model Answer:

Central Asian Republics (CARs)

India’s engagement with Central Asian Republics (CARs) has evolved significantly, presenting both opportunities and challenges:

• Strategic Shift: The “Connect Central Asia” policy (2012) marked India’s transition from passive to proactive diplomacy. While implementation faces hurdles, it has led to increased high-level exchanges and stronger bilateral ties.

• Energy Cooperation: Agreements like Kazakhstan’s uranium supply and India’s investments in Kazakh oil fields show progress. However, projects like TAPI pipeline face geopolitical challenges, highlighting the need for persistent diplomacy.

• Economic Relations: Trade, though below potential ($2 billion annually), is growing. The International North-South Transport Corridor and Chabahar Port project, despite delays, offer promising alternatives for connectivity.

• Security Collaboration: Joint military exercises (e.g., KAZIND) and counter-terrorism cooperation have strengthened, complementing existing Russia-CAR security frameworks.

• Multilateral Engagement: India’s involvement in SCO alongside its Indo-Pacific initiatives demonstrates a nuanced balancing act, enhancing its strategic position.

• Cultural Diplomacy: Shared historical and cultural ties provide a unique advantage for India, reinforced through initiatives like the India-Central Asia Dialogue.

Challenges and Opportunities:
1. Improving connectivity while navigating regional complexities
2. Balancing relations with Russia and China while expanding India’s influence
3. Leveraging technological and educational partnerships for mutual growth

Conclusion: India’s CAR policy, while facing obstacles, shows potential for significant mutual benefits, requiring sustained, multifaceted engagement to fully realize its strategic vision.

Model Answer:

The statement reflects the West’s strategic shift in response to China’s growing influence and the need for supply chain diversification. This approach manifests in two key areas:

1. Reducing dependence on China’s supply chain:

• The West is actively encouraging companies to relocate manufacturing to India.
• Examples include:
– The US-India Initiative on Critical and Emerging Technologies (iCET), focusing on semiconductor production and AI cooperation.
– Japan’s $42 billion investment pledge for manufacturing and infrastructure in India over five years.
– The EU’s efforts to negotiate a free trade agreement with India to boost economic ties.

2. India as a strategic ally to counter China’s dominance:

• The West sees India as a crucial partner in maintaining regional balance.
• Key initiatives include:
– The Quadrilateral Security Dialogue (Quad) involving India, US, Japan, and Australia, aimed at ensuring a free and open Indo-Pacific.
– Enhanced defense cooperation, such as India’s participation in joint military exercises like Malabar and RIMPAC.
– The Indo-Pacific Economic Framework (IPEF), launched by the US with India as a key partner, to counter China’s economic influence.

These efforts are reinforced by India’s own initiatives, such as the “Make in India” program and Production-Linked Incentive (PLI) schemes, which align with Western interests in creating an alternative manufacturing hub.

However, challenges remain, including India’s historical non-alignment policy, infrastructure gaps, and regulatory hurdles.

Conclusion: The West’s fostering of India represents a significant geopolitical shift, balancing economic interests with strategic imperatives in an evolving global landscape.

Model Answer:

Doctrine of Democratic Governance

The Doctrine of Democratic Governance emphasizes the crucial role of public institutions in upholding democratic values and serving citizens. Civil servants, as the backbone of these institutions, play a pivotal role in this process.

• Integrity and commitment of civil servants are essential for democratic governance:
– They ensure fair and efficient implementation of policies
– They maintain public trust in government institutions
– They uphold the rule of law and protect citizens’ rights

• Positive public perception of civil servants strengthens democracy by:
– Encouraging citizen participation in governance
– Enhancing compliance with laws and regulations
– Improving government-citizen relationships
– Fostering a sense of civic responsibility

• Challenges in maintaining a positive perception include:
– Instances of corruption or misconduct (e.g., the 2G spectrum scam)
– Bureaucratic inefficiencies and red tape
– Political interference in administrative matters

• Measures to improve public perception:
– Implementing transparency initiatives (e.g., RTI Act)
– Strengthening accountability mechanisms
– Providing ethical training and sensitization programs
– Leveraging technology for better service delivery (e.g., e-governance initiatives)

• Example: The successful implementation of the Swachh Bharat Mission demonstrates how committed civil servants can positively impact public perception and achieve national goals.

Conclusion: Positive public perception of civil servants’ integrity and commitment is vital for democratic governance, fostering trust, participation, and effective policy implementation.

Model Answer:

Poverty and malnutrition

Poverty and malnutrition form a vicious cycle that significantly impairs human capital formation. Breaking this cycle requires a multi-pronged approach addressing economic, social, and health factors simultaneously. Steps to disrupt this cycle include:

1. Poverty alleviation:
• Implement employment generation programs (e.g., MGNREGA in India)
• Promote skill development initiatives to enhance employability
• Facilitate microfinance and entrepreneurship support, especially for women
• Ensure social security measures for vulnerable populations

2. Combating malnutrition:
• Strengthen the public distribution system to ensure food security
• Expand mid-day meal schemes in schools to improve child nutrition
• Launch targeted nutrition programs for vulnerable groups, such as pregnant women and children
• Promote biofortification of staple crops (e.g., iron-rich rice, vitamin A-rich sweet potatoes)

3. Enhancing human capital formation:
• Improve access to quality education, particularly in rural areas
• Provide comprehensive healthcare services, focusing on maternal and child health
• Conduct awareness campaigns on nutrition, hygiene, and family planning
• Invest in early childhood development programs (e.g., Anganwadi services)

4. Policy interventions:
• Implement integrated child development services (ICDS) effectively
• Enforce the National Food Security Act to ensure food access
• Scale up the National Nutrition Mission (POSHAN Abhiyaan) to address malnutrition holistically
• Promote convergence among various government departments and schemes

5. Long-term strategies:
• Invest in agricultural research and development to enhance food production
• Improve sanitation infrastructure (e.g., Swachh Bharat Mission)
• Address gender disparities in education and employment
• Promote sustainable livelihoods in rural areas (e.g., One District One Product scheme)

Conclusion: Breaking the poverty-malnutrition cycle requires sustained, coordinated efforts across sectors, emphasizing prevention, education, and empowerment to build resilient communities and foster human capital development.

Model Answer:

Public charitable trusts role

Public charitable trusts play a significant role in India’s development landscape by addressing vital public issues and complementing government efforts. These trusts have the potential to make development more inclusive due to their focused approach and ability to reach underserved communities.

The potential of public charitable trusts in fostering inclusive development:

• Addressing critical areas: These trusts often focus on sectors crucial for inclusive growth, such as education, healthcare, and poverty alleviation. For example, the Azim Premji Foundation works extensively in improving primary education in rural India.

• Flexibility and innovation: Trusts can adopt innovative approaches and respond quickly to emerging needs, making them effective in tackling complex social issues. The Tata Trusts, for instance, have implemented diverse programs ranging from nutrition to digital literacy.

• Reaching the underserved: Many trusts specifically target marginalized communities, ensuring that development efforts reach those most in need. The Bharti Foundation’s rural education programs exemplify this approach.

• Attracting private funding: Trusts can mobilize resources from private donors, augmenting the overall funding available for development initiatives.

Challenges and considerations:

• Regulatory framework: Ensuring proper governance and transparency in the operations of these trusts is crucial for maintaining public trust.

• Coordination with government: Effective collaboration between trusts and government bodies is essential to avoid duplication of efforts and maximize impact.

• Sustainability: Long-term funding and continuity of programs remain ongoing challenges for many trusts.

Conclusion: Public charitable trusts have significant potential to enhance inclusive development in India, provided they operate transparently and in coordination with government efforts.

Model Answer:

Local bodies – Good Governance

Local bodies play a crucial role in providing good governance at the grassroots level, serving as the foundation of democratic decentralization. Their significance lies in:

• Empowering citizens: Local bodies facilitate direct participation in decision-making processes, enhancing democratic values. For instance, Gram Sabhas in rural areas allow villagers to voice their concerns and influence local policies.

• Efficient service delivery: Being closer to the people, local bodies can better understand and address community needs. The success of Kerala’s Kudumbashree program in poverty alleviation demonstrates the effectiveness of local governance.

• Accountability and transparency: Local representatives are directly answerable to their constituents, fostering responsible governance.

• Customized solutions: Local bodies can tailor policies to suit specific regional requirements, ensuring more effective implementation.

Merging rural and urban local bodies presents both advantages and challenges:

Pros:
• Integrated development: It can lead to balanced growth, reducing rural-urban disparities.
• Resource optimization: Pooling resources can result in more efficient utilization and cost-effective administration.
• Holistic planning: A unified approach can address interconnected issues like migration and suburban development more effectively.

Cons:
• Neglect of rural concerns: Urban issues might dominate, sidelining rural priorities.
• Loss of specialized focus: The distinct needs of rural and urban areas may not receive adequate attention.
• Administrative challenges: Managing diverse populations and vast geographical areas could prove complex.

Conclusion: While local bodies are essential for good governance, merging rural and urban entities requires careful consideration to balance efficiency with equitable representation.