UPSC Mains 2021 GS2 Model Answer

Q. The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strenght and impact of AUKUS in the present scenario.

Q. The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strenght and impact of AUKUS in the present scenario.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

The new tri-nation partnership AUKUS, comprising Australia, UK, and US, was recently announced and is aimed at countering China’s ambitions in the Indo-Pacific region. This has raised questions about the impact of this new partnership on existing partnerships in the region. In this answer, we will discuss the strength and impact of AUKUS in the present scenario and its implications on existing partnerships in the region.

Strength of AUKUS:

  • Technological Edge: The partnership is expected to provide a significant technological edge to the member countries. The UK and the US are known for their advanced technological capabilities, which would be leveraged to support Australia’s defence capabilities.
  • Nuclear Submarine Deal: A key component of AUKUS is the nuclear submarine deal between the US and Australia, which would provide Australia with advanced submarines capable of operating in deep waters.
  • Military Cooperation: AUKUS also involves military cooperation between the three countries, which would enhance their ability to coordinate and respond to security challenges in the region.

Impact of AUKUS:

  • Increased Strategic Competition: The announcement of AUKUS has increased strategic competition in the region, with China expressing concerns about the partnership’s impact on regional stability.
  • Shift in Power Dynamics: The partnership has also shifted power dynamics in the region, with the US and its allies seeking to counterbalance China’s growing influence.
  • Implications for Existing Partnerships: AUKUS has raised questions about the implications for existing partnerships in the region, such as the Quad and the Five Eyes intelligence alliance.

Implications for existing partnerships:

  • Quad: AUKUS is likely to strengthen the Quad, which comprises Australia, India, Japan, and the US, as the four countries share concerns about China’s growing influence in the region.
  • Five Eyes: AUKUS is also likely to have implications for the Five Eyes intelligence alliance, which comprises Australia, Canada, New Zealand, the UK, and the US. The alliance may need to adapt to the new partnership and its focus on security in the Indo-Pacific region.

Conclusion:

In conclusion, the new AUKUS partnership is expected to provide significant technological and military capabilities to its member countries, with implications for existing partnerships in the region. While the partnership is aimed at countering China’s ambitions, it has raised concerns about increased strategic competition and power dynamics in the region. It remains to be seen how the partnership will evolve and impact existing partnerships in the region.

Q. The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strenght and impact of AUKUS in the present scenario. Read More »

Q. Critically examine the aims and objectives of SCO. what importance does it hold for India.

Q. Critically examine the aims and objectives of SCO. what importance does it hold for India.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

The Shanghai Cooperation Organisation (SCO) is a regional intergovernmental organization comprising eight member states – China, Russia, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, India, and Pakistan. The SCO was founded in 2001 with the primary objective of promoting regional cooperation in a variety of areas, including politics, economics, trade, and security.

The SCO’s Aims and Objectives

The SCO has several aims and objectives, which are as follows:

Strengthening Regional Security

One of the primary aims of the SCO is to promote regional security and stability. The organization seeks to combat terrorism, separatism, and extremism in the region through joint counterterrorism exercises and intelligence sharing.

Economic Cooperation

Another objective of the SCO is to promote economic cooperation and integration among its member states. The organization seeks to enhance trade and investment between member states, facilitate the flow of goods and services, and promote economic development in the region.

Cultural Exchange

The SCO also aims to promote cultural exchange and understanding among its member states. The organization seeks to promote dialogue and cooperation in the areas of art, literature, music, and other cultural activities.

Regional Connectivity

The SCO aims to promote regional connectivity by facilitating the development of transportation, energy, and communication infrastructure in the region. This would help to improve trade and economic ties between member states and enhance the region’s overall development.

For India, the SCO holds significant importance due to several reasons. Firstly, it provides a platform for India to engage with other major regional powers such as China and Russia on a range of issues of common interest. This would help to promote India’s strategic interests in the region and enhance its geopolitical influence.

Secondly, the SCO provides India with an opportunity to enhance its economic ties with other member states, particularly in the areas of trade and investment. This would help to promote India’s economic development and provide access to new markets for Indian businesses.

Thirdly, the SCO provides India with a platform to address common regional security concerns such as terrorism and extremism. India has been a victim of cross-border terrorism for decades and has much to gain from increased cooperation with other member states in this area.

In conclusion, the SCO has several aims and objectives aimed at promoting regional cooperation in a variety of areas. For India, the organization holds significant importance as it provides a platform to engage with other major regional powers, enhance economic ties, and address common security concerns.

Q. Critically examine the aims and objectives of SCO. what importance does it hold for India. Read More »

Q. Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen. Discuss the challenges of this alternative model.

Q. Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen. Discuss the challenges of this alternative model.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

Civil Society and Non-Governmental Organizations (NGOs) can indeed present an alternative model of public service delivery to benefit the common citizen. By complementing government efforts, these organizations can help address various social, economic, and environmental issues. However, there are several challenges that need to be considered when relying on this alternative model.

Funding

Funding: NGOs and civil society organizations often depend on grants, donations, and other forms of financial support to sustain their operations. As such, their ability to deliver public services could be limited by inconsistent or insufficient funding. This financial constraint can affect the quality, scale, and reach of the services they provide.

Accountability and Transparency

Accountability and Transparency: Civil society organizations and NGOs are not directly accountable to the public in the same way that government institutions are. This can lead to issues of transparency and accountability, with a potential risk of mismanagement or corruption. Ensuring that these organizations adhere to high standards of accountability and transparency is crucial for maintaining public trust and support.

Coordination and Integration

Coordination and Integration: The decentralized nature of NGOs and civil society organizations can sometimes result in a lack of coordination and integration with government programs and other stakeholders. This may lead to duplication of efforts, inefficiencies, or gaps in service delivery. Effective collaboration and communication between these organizations and government bodies are essential for seamless service delivery.

Capacity and Expertise

Capacity and Expertise: While many NGOs and civil society organizations are staffed by dedicated and knowledgeable professionals, they may lack the capacity or expertise to effectively deliver some public services, particularly in specialized or technical areas. Building the capacity of these organizations and fostering knowledge exchange is vital for their success.

Political Influence

Political Influence: Civil society organizations and NGOs can sometimes face political interference or pressure, which may impact their independence, operations, and ability to deliver services. Maintaining neutrality and resisting undue influence is critical for these organizations to effectively serve the common citizen.

Sustainability

Sustainability: The long-term sustainability of NGOs and civil society organizations can be uncertain, given their reliance on external funding and other resources. This can affect the continuity of service delivery and make it difficult for these organizations to plan and implement long-term projects.

In summary, while Civil Society and NGOs can present an alternative model of public service delivery to benefit the common citizen, it is essential to address these challenges to ensure the effectiveness and sustainability of this model. Strengthening collaboration and coordination with government bodies, building capacity, and ensuring transparency, accountability, and financial stability are vital steps toward enhancing the impact of these organizations.

Q. Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen. Discuss the challenges of this alternative model. Read More »

Q. “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu?

Q. “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu?

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

The patriarchal mindset in India has been a major obstacle for women’s progress and empowerment. Despite women excelling in various fields, the social attitude towards women and the feminist movement remains regressive. To change this milieu, it is essential to address the root causes of patriarchy and implement interventions that can bring about a shift in societal attitudes. This can be achieved through various means, such as legal reforms, media representation, gender sensitization programs, and promoting male participation in gender equality initiatives.

Legal Reforms

  • 1. Strengthening laws against gender-based violence: To change the patriarchal mindset, there is a need to strengthen laws against gender-based violence, such as domestic violence, sexual harassment, and rape. This includes stricter punishment for perpetrators, fast-track courts for speedy justice, and better implementation of existing laws.
  • 2. Equal rights in property and inheritance: Ensuring equal rights for women in property and inheritance can help challenge the patriarchal notion that women are dependent on men for their survival. This can be done by amending existing laws and raising awareness about women’s property rights.

Media Representation

  • 1. Challenging stereotypes: The media plays a significant role in shaping societal attitudes towards women. To change the patriarchal mindset, it is essential to challenge gender stereotypes in the media. This can be done by promoting positive portrayals of women in various roles and highlighting their achievements.
  • 2. Promoting gender-sensitive content: Media houses should be encouraged to produce gender-sensitive content that addresses gender inequality and promotes women’s empowerment. This can include documentaries, talk shows, and films that showcase the struggles and successes of women in different spheres of life.

Gender Sensitization Programs

  • 1. Education and awareness campaigns: Gender sensitization programs should be introduced in schools and colleges to educate students about gender equality and the importance of respecting women. This can include workshops, seminars, and interactive sessions that encourage students to question gender stereotypes and develop a better understanding of women’s rights.
  • 2. Training for law enforcement and judiciary: To ensure that women’s rights are protected and respected, it is crucial to train law enforcement and judiciary personnel on gender sensitivity. This can help them better understand the challenges faced by women and ensure that they are treated fairly and with dignity.

Promoting Male Participation in Gender Equality Initiatives

  • 1. Engaging men as allies: To change the patriarchal mindset, it is essential to engage men as allies in the fight for gender equality. This can be done by organizing workshops and training programs that encourage men to challenge gender stereotypes and promote women’s rights.
  • 2. Encouraging male role models: Promoting male role models who advocate for gender equality can help change societal attitudes towards women. This can include public figures, celebrities, and community leaders who use their platform to raise awareness about women’s rights and encourage men to support gender equality initiatives.

Conclusion

Changing the patriarchal mindset in India requires a multi-pronged approach that addresses the root causes of gender inequality. Legal reforms, media representation, gender sensitization programs, and promoting male participation in gender equality initiatives can help bring about a shift in societal attitudes towards women and the feminist movement. By working together, we can create a more equal and inclusive society where women can thrive and reach their full potential.

Q. “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? Read More »

Q. Has digital illiteracy, particularly in rural areas, couple with lack of Information and Communication Technology(ICT) accessibility hindered socio-economic development? Examine with justification.

Q. Has digital illiteracy, particularly in rural areas, couple with lack of Information and Communication Technology(ICT) accessibility hindered socio-economic development? Examine with justification.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

Digital Illiteracy and Lack of ICT Accessibility: Impeding Socio-Economic Development

Digital illiteracy and lack of Information and Communication Technology (ICT) accessibility, particularly in rural areas, have indeed hindered socio-economic development. The increasing integration of digital technologies into various aspects of modern life has made digital literacy and access to ICT essential for individuals to participate in and benefit from socio-economic opportunities.

The following points examine how digital illiteracy and limited ICT accessibility can impede socio-economic development:

Limited access to information and resources: Digital illiteracy and lack of ICT accessibility can restrict individuals’ access to valuable information and resources, such as government schemes, educational materials, and employment opportunities. This limitation can perpetuate socio-economic disparities and hinder overall development.

Reduced participation in the digital economy: The digital economy is an essential driver of growth and innovation. Digital illiteracy and inadequate ICT access can exclude individuals, particularly those in rural areas, from participating in and benefiting from the digital economy. This exclusion can result in lost opportunities for income generation, skill development, and entrepreneurship.

Inequality in education: The digital divide can exacerbate existing educational disparities, as students with limited access to digital resources and low digital literacy are less likely to benefit from online learning platforms and educational technologies. This situation can lead to poorer educational outcomes and perpetuate socio-economic inequalities.

Hindered access to government services: Many government services and programs have transitioned online to improve efficiency and transparency. However, digital illiteracy and limited ICT access can hinder individuals from effectively accessing and benefiting from these services, potentially excluding them from essential welfare schemes and benefits.

Reduced social inclusion: The digital divide can contribute to social exclusion, as those without digital literacy skills or ICT access may find it challenging to connect with others, participate in online communities, and access information and services. This exclusion can lead to feelings of isolation and disempowerment, which can negatively impact individuals’ well-being and socio-economic prospects.

Slowed economic growth: Digital illiteracy and inadequate ICT access can slow down overall economic growth, as these factors limit the productivity and innovation potential of a significant portion of the population. By excluding individuals from the digital economy, countries miss out on harnessing the full potential of their human capital, which can hinder socio-economic development.

To address the challenges posed by digital illiteracy and limited ICT accessibility, targeted interventions and policies are needed. These may include:

  • Investing in ICT infrastructure: Expanding and improving ICT infrastructure in rural areas can help bridge the digital divide and facilitate greater access to digital resources and services.
  • Promoting digital literacy: Implementing digital literacy programs in schools and communities can empower individuals with the necessary skills to navigate and benefit from the digital world.
  • Encouraging public-private partnerships: Public-private partnerships can help leverage resources, expertise, and innovation to develop and deploy ICT solutions that address the unique challenges faced by rural communities.
  • Developing context-appropriate technologies: Developing and promoting affordable, user-friendly, and context-appropriate digital technologies can help make ICT more accessible and relevant to rural populations.
  • Ensuring inclusive policies: Policymakers should ensure that digital transformation policies are inclusive and do not inadvertently exacerbate existing inequalities.

By addressing digital illiteracy and ICT accessibility challenges, particularly in rural areas, countries can unlock the full potential of digital technologies to drive socio-economic development, reduce inequalities, and improve the lives of their citizens.

Q. Has digital illiteracy, particularly in rural areas, couple with lack of Information and Communication Technology(ICT) accessibility hindered socio-economic development? Examine with justification. Read More »

Q. Do Department -related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.

Q. Do Department -related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

Department-related Parliamentary Standing Committees (DRPSCs)

Department-related Parliamentary Standing Committees (DRPSCs) are permanent committees of the Indian Parliament that are responsible for examining and scrutinizing the functioning of various ministries and departments of the government.

There are 24 DRPSCs, each of which is assigned a specific ministry or department to scrutinize.

DRPSCs have the power to summon officials and experts, examine records and documents, and make recommendations to improve the functioning of the ministry or department under their purview.

II. DRPSCs and Accountability

DRPSCs play a crucial role in ensuring accountability of the administration to Parliament.

  • The committees have the power to scrutinize the performance of the ministries and departments, and hold them accountable for any lapses or shortcomings in their functioning.
  • DRPSCs also have the power to make recommendations to improve the functioning of the ministries and departments, and to ensure that they are following the policies and programs approved by Parliament.

III. Effectiveness of DRPSCs

The effectiveness of DRPSCs in keeping the administration accountable and inspiring reverence for parliamentary control is mixed.

  • DRPSCs have been successful in bringing to light various issues and problems related to the functioning of ministries and departments, and in making recommendations to address these issues.
  • DRPSCs have also been successful in ensuring that the ministries and departments are following the policies and programs approved by Parliament.
  • However, the implementation of the recommendations made by DRPSCs has been slow and uneven.
  • DRPSCs have also been criticized for not being able to effectively hold the administration accountable for lapses and shortcomings in their functioning.

IV. Examples of DRPSCs in Action

  • The DRPSC on Home Affairs has been instrumental in scrutinizing the functioning of the Ministry of Home Affairs, especially in relation to issues such as internal security, law and order, and police reforms.
  • The DRPSC on External Affairs has played a crucial role in examining the country’s foreign policy and ensuring that the Ministry of External Affairs is following the policies approved by Parliament.
  • The DRPSC on Health and Family Welfare has been active in examining the functioning of the Ministry of Health and Family Welfare, especially in relation to issues such as public health, healthcare delivery, and medical education.

V. Conclusion

Department-related Parliamentary Standing Committees (DRPSCs) play a crucial role in ensuring accountability of the administration to Parliament and in inspiring reverence for parliamentary control.

While DRPSCs have been successful in bringing to light various issues and making recommendations to address them, their effectiveness in holding the administration accountable has been mixed.

The implementation of the recommendations made by DRPSCs has been slow and uneven, and there have been criticisms of their inability to effectively hold the administration accountable for lapses and shortcomings in their functioning.

Q. Do Department -related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples. Read More »

Q. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

Q. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

Parliament and State Legislative Councils

Parliament, under Article 169, can abolish or create a legislative council by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. Article 171 provides for the Composition of council.

Utility of State Legislative Councils

Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process.

Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority.

Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics.

Brings pressure on Legislative assembly for policy making.

Concerns with Legislative Councils

  • They can be created and abolished by Union parliament by a simple majority.
  • Their recommendations are not binding on assembly + became back door for failed politicians.
  • Burden on public exchequer.
  • Representing graduates in the house has outlived its utility.
  • Politicization in selecting nominated members.
  • Can create delay in policy making.

Q. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. Read More »

Q. Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India.

Q. Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

The notion of equality is a fundamental principle in the Constitutions of both the United States of America (USA) and India. Though both countries uphold the value of equality, their Constitutions have different approaches and provisions to ensure the equal treatment of their citizens. In this analysis, we will examine the distinguishing features of the notion of equality in the Constitutions of the USA and India.

Constitutional Text and Basis for Equality

1.1. USA
The US Constitution does not explicitly mention the term “equality” but contains provisions that protect individual rights and promote equality. The 14th Amendment is particularly relevant, as it guarantees equal protection of the law for all citizens.

1.2. India
The Indian Constitution emphasizes the importance of equality through several articles, particularly in Part III, which outlines fundamental rights. Articles 14 to 18 specifically address the principle of equality and provide various guarantees and protections.

Protection against Discrimination

2.1. USA
The US Constitution’s Equal Protection Clause (14th Amendment) prohibits states from denying any person within their jurisdiction equal protection under the law. This clause has been used to strike down discriminatory laws and practices related to race, gender, and other factors.

2.2. India
India’s Constitution offers more explicit protections against discrimination. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, and Article 16 guarantees equal opportunity in public employment.

Affirmative Action

3.1. USA
In the US, affirmative action policies have been implemented to promote diversity and address historical inequalities. The US Supreme Court has upheld such policies but has also set limits to prevent discrimination against non-beneficiaries.

3.2. India
India has a comprehensive system of affirmative action, known as reservation. The Constitution provides for reservations in education, employment, and political representation for historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

Gender Equality

4.1. USA
The US Constitution does not explicitly address gender equality. However, the 19th Amendment guarantees women’s right to vote, and the Equal Protection Clause has been interpreted to prohibit gender-based discrimination. Additionally, the Equal Rights Amendment, which seeks to guarantee legal gender equality, has been proposed but not yet ratified.

4.2. India
India’s Constitution contains explicit provisions for gender equality. Article 15 prohibits gender-based discrimination, and Article 39 requires the state to ensure equal pay for equal work for both men and women.

Economic and Social Equality

5.1. USA
The US Constitution focuses primarily on ensuring political and legal equality, with limited provisions for economic and social equality. The government, however, has enacted laws and policies aimed at reducing economic inequality and promoting social welfare.

5.2. India
The Indian Constitution has a more comprehensive approach to economic and social equality. The Directive Principles of State Policy, outlined in Part IV, encourage the government to work towards reducing income disparities, improving public health, and promoting social justice.

Conclusion:

While both the US and Indian Constitutions promote the notion of equality, they differ in the scope and approach of their provisions. The US Constitution focuses primarily on legal and political equality, whereas the Indian Constitution explicitly outlines a broader range of protections against discrimination, affirmative action measures, and social and economic equality goals. These differences reflect the unique historical, social, and political contexts of each country.

Q. Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India. Read More »

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

National Human Rights Commission (NHRC)

National Human Rights Commission (NHRC) and various State Human Rights Commissions (SHRCs) have been constituted under the Protection of Human Rights Act, 1993. These commissions are the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.

Important Projects of NHRC

Since its formation, the Commission has taken up some important projects and has, through its reviews, reports and recommendations, taken up the cause of prison inmates, patients at mental health asylums, bonded labourers, people with disabilities, women and children and the economically and socially marginalized sections of the country.

HRCs unable to assert their mandate and power:

  • The NHRC has been labeled as a toothless tiger because it is swamped with cases but has few resources to address them.
  • Much of the complaints that come to the commission are dismissed even before a preliminary hearing, critics argue that the NHRC shies away from contentious cases with political implications.
  • Its recommendations are non-binding on the government and thus ignored.
  • Limited jurisdiction into Human rights violation by armed forces and private parties.
  • The inability of NHRC to initiate cases beyond 1 year.
  • The officers conducting investigations are usually on deputation from the same forces that have been accused of violations and which creates a conflict of interest.

Remedial measure

  • More powers: Its decisions should be made enforceable by the government.
  • Armed forces: The definition should be restricted to only army, navy, and air force. Further, even in these cases, the Commission should be allowed to independently investigate cases of violation of rights.
  • Commission’s membership: Members of NHRCs should include civil society, human rights activists, etc. rather than ex-bureaucrats.
  • Amending law: Misuse of laws by law enforcement agencies is often the root cause of human rights violations. So, the weakness of laws should be removed and those laws should be amended or repealed if they run contrary to human rights.
  • Independent Staff: NHRC should have its independent investigating staff recruited by itself, rather than the present practice of deputation.

The situation of persistent human rights violations across the country

The situation of persistent human rights violations across the country presents manifold challenges. There is a need to improve and strengthen the human rights situation. It is important to empower NHRC to make it work more efficiently and independently.

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. Read More »

Q. The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Q. The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

CBI and Federalism:

The CBI is India’s premier central investigation agency which looks into matters of corruption or major criminal matter. The CBI draws its power from the DSPE Act, 1946 which deals with the extension of the power of CBI over states with the consent of the respective government.

The Police are under List II, i.e., it is exclusively a state subject. So only the state can make law regarding the same. However, the establishment of CBI under the DPSE act as police encroaches upon state jurisdiction.

Although, CBI is required to have “general consent” from the state government before beginning an investigation in the state. But these consents only lead to Red-tapism thereby delaying justice delivery.

The jurisdiction of CBI often comes into direct confrontation with state police which causes federal issues recurrently.

However, a weak central authority could be injurious to national unity. Thus, it is imperative to have some agencies that have jurisdiction over the entire country.

The confrontation between state and center over CBI is often more prominent when there exist different political parties at the state and center level.

The absence of a neutral body to manage or diffuse the confrontation between state and center further aggravates the issue.

The Supreme court and the high court can order CBI to investigate any crime anywhere in the country without the consent of the state.

Moreover, under article 131, states can drag center in case if they feel CBI violates their right. Thus, further complicating the confrontation.

A strong central investigation is imperative for the National unity and integrity of the country. So, there is a need to promote transparency in the working of CBI which can be ensured by making it a constitutional body.

Q. The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. Read More »