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GS Paper: GS2

  • Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism?

    The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST) with effect from July 1, 2017. It was a landmark tax reform aimed at creating a “One Nation, One Tax, One Market” framework.

    Significance of the 101st Amendment Act

    Unified Taxation System – Subsumed 17 central & state taxes and 23 cesses, removing cascading effects.

    Expansion of Tax Base – Taxpayers increased from 66 lakh (2017) to over 1.5 crore (2024).

    Revenue Growth – Tax base rose from over a decade (CAGR 14.4%); average monthly collections near .

    Economic Efficiency – Eliminated cascading effects of taxation and reduced compliance costs.

    Household Savings – Reduced overall tax burden, saving families ~4% on monthly expenses.

    Ease of Doing Business – Unified national market and reduced transport time by 33%, improving efficiency.

    Digital Governance – GSTN ensured transparency, compliance, and reduced evasion.

    GST Reflecting the Accommodative Spirit of Federalism

    Institutionalised Cooperative Federalism – The GST Council (Art. 279A) is a federal forum of Union and State Finance Ministers deciding by consensus (3/4th majority).

    Pooled Sovereignty – Both Union and States share taxing powers under Article 246A, representing co-ownership of fiscal authority.

    Balanced Federal Approach – Dual GST (CGST + SGST) integrates economies while maintaining State autonomy.

    Fiscal Balance – Provided States 5-year compensation for revenue loss, cushioning transition.

    Special Provisions – Petroleum, alcohol, electricity kept outside GST, respecting States’ revenue needs.

    Challenges

    Complex multi-tier rate structure increases compliance burden.

    Frequent rate revisions affect business stability.

    GST Council decided to do away with the compensation cess

    Revenue shortfalls weaken State finances.

    Centre’s Dominance – Weighted voting gives Centre 33%.

    Way Forward

    Revive National Anti-Profiteering Authority to ensure rate cuts are passed on to customers

    Periodic technological upgrades in GSTN.

    Strengthen dispute resolution mechanism within GST Council.

    As the Supreme Court (Mohit Minerals, 2022) clarified, GST Council recommendations are not binding, reaffirming that India’s federalism is based on cooperation, not coercion.

  • Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. Refer to the recent decisions.

    The Competition Commission of India (CCI), established under the Competition Act, 2002, is the chief regulatory body to promote and sustain fair competition in markets.

    Role of CCI in Containing Abuse of Dominant Position by MNCs

    Enforcement of Competition Act, 2002 0 It can initiate investigations suo motu or based on complaints from consumers or firms.

    Regulation of Mergers and Acquisitions involving MNCs to ensure they do not lead to market monopolisation or restrict competition.

    Investigation and Monitoring of market practices. It can ask the Director General (DG) for investigation into dominant firms. Eg- investigation against e-Commerce companies

    Asian Paints Case (2024): CCI ordered an investigation into exclusionary practices that restricted competition in the decorative paints market.

    Imposition of Penalties on firms found guilty of abusing dominance. Eg- Google was fined for abusing dominance in the Android mobile ecosystem

    Conducts awareness campaigns to inform consumers about their rights

    Challenges

    Global Nature of MNCs: Difficult to regulate cross-border conduct and global digital platforms.

    Proof Burden: Difficult to establish anti-competitive “effects.”

    Lengthy Litigation: MNCs challenge orders in courts, delaying enforcement.

    Jurisdictional Conflicts: Overlaps with data and consumer protection authorities like TRAI

    Way Forward

    Build economic and digital expertise in CCI and DG offices.

    Enhance international cooperation with global antitrust regulators.

    Ensure faster adjudication and reduce judicial delays.

    Update the Competition Act to handle AI and platform dominance.

    The CCI has emerged as a key pillar of India’s economic governance, aligning with the vision of Viksit Bharat 2047.

  • e-governance, as a critical tool of governance, has ushered in effectiveness, transparency and accountability in governments. What inadequacies hamper the enhancement of these features?

    The 2nd ARC’s 11th Report (2008) envisioned “SMART Governance”, Simple, Moral, Accountable, Responsive, and Transparent, through e-governance.

    E-governance ushering in effectiveness

    Direct Benefit Transfer (DBT)- saved more than

    Unified Payments Interface (UPI) – Revolutionised digital payments with real-time, low-cost, interoperable transactions. Eg: 20+ billion transactions/month

    Aadhaar-Based Authentication – Universal digital identity enables paperless, presence-less service delivery at scale.

    DigiLocker – Digital storage of documents enables instant verification across services.

    PM Gati Shakti – Inter-Ministerial Convergence

    E-governance ushering in transparency

    Open, competitive procurement on Government e-Marketplace (GeM) eliminates discretion and middlemen.

    CoWIN Platform – Real-time vaccination tracking with public dashboards ensured transparent COVID response.

    Online RTI Portal

    Open Government Data Portal – data.gov.in publishes datasets across ministries for citizen scrutiny and research.

    e-Procurement and e-Tendering – reduces corruption opportunities.

    E-governance ushering in accountability

    CPGRAMS Grievance Redressal – enables time-bound resolution and tracking by citizens.

    MyGov – Direct policy participation through online consultations, polls, and feedback mechanisms.

    Social Audit via MGNREGA – Online MIS publishes worksite details, wages, attendance

    Aspirational Districts Dashboard – Real-time performance ranking of 112 districts on 49 indicators

    Inadequacies hampering e-governance

    Digital Divide – Eg: Rural internet penetration 59.06% vs urban 131.45% (TRAI Q1 2025).

    Cybersecurity Vulnerabilities- Eg: cybercrime losses in 2024 – 206% rise (I4C, MHA 2025).

    Data Privacy Concerns – Weak enforcement of data protection exposes citizens to misuse risks.

    Poor Digital Literacy – Eg: Only 38% women have ever used internet (NFHS-5, MoHFW).

    Inadequate Infrastructure – Internet connectivity, electricity, devices remain insufficient in remote regions.

    Capacity Constraints – lower level government staff lack training in digital tools, data analytics, AI skills.

    Targeting and verification errors exclude genuine beneficiaries from welfare schemes. Eg: PM-Kisan validation errors stranded 2.18 crore families (Dvara Research).

    Departmental Silos – Ministries operate in isolation; lack integrated digital data ecosystems for governance.

    Faulty validation processes. Eg: Aadhaar-PDS biometric failures linked to Simdega starvation death, Jharkhand (NHRC).

    Linguistic Barriers – English-dominant interfaces exclude regional language users from accessing services.

    Measures for Effective Implementation

    Bridge Digital Divide – Saturate rural connectivity through BharatNet expansion and affordable smartphones distribution.

    Mass Digital Literacy Drive – Scale PMGDISHA and Mission Karmayogi to all citizens and government employees.

    Citizen Co-creation – Engage citizens through MyGov, hackathons, and pilot testing before scaling projects.

    Outcome-Based Monitoring – Real-time dashboards, third-party audits, beneficiary feedback for course correction.

    Adopt Global Best Practices – Estonia’s X-Road, Once-Only Principle for seamless inter-departmental data sharing.

    For Viksit Bharat 2047, robust ICT governance demands inclusion, security, capacity, and citizen-centric design.

  • ‘Virus of Conflict is affecting the functioning of the SCO’. In the light of the above statement point out the role of India in mitigating problems.

    The SCO, evolved from the Shanghai Five (1996), was founded in 2001, as a Eurasian political, economic, and security organisation.

    Virus Conflict within SCO

    China-India border tensions (Galwan 2020) – undermine mutual trust.

    India-Pakistan rivalry over terrorism. Eg- Pahalgam Attack

    The China-Pakistan-Russia axis creates an internal power imbalance.

    China’s BRI expansionism – violates sovereignty. Eg- CPEC through PoK.

    Russia-Ukraine conflict divides members’ geopolitical alignments.

    Afghanistan instability – differing member approaches toward Taliban.

    India’s Role in Mitigating Problems

    Dialogue-based dispute resolution – SCO as a platform for engagement with China and Pakistan. PM Modi (2023): “SCO must not be divided by barriers of mistrust.”

    Act as a Balancer to China – Supported by CAR and Russia

    Enhancing Economic and Connectivity Alternatives – Promotes Chabahar Port and INSTC.

    Pushes for energy partnerships and supply-chain diversification with Central Asia.

    Encourages collaboration in AI, digital governance, and fintech. Eg- UPI as Model for CARs

    Active role in RATS (Tashkent) to share intelligence on terrorism. Calls for zero tolerance against extremism and radicalisation.

    Promotes respect for territorial integrity and international law. Advocates transparency in connectivity and infrastructure projects.

    Supports inclusive multipolarity in global and regional affairs. Acts as a moderating voice against bloc politics.

    Using India’s civilizational linkages to bridge ideological divides. Eg- Buddhist and sufi diplomacy with Central Asian nations.

    Climate Cooperation – joint action on climate resilience, renewable energy, and green hydrogen initiatives.

    SCO can help realise India’s ambitions on “multi-alignment”, “strategic autonomy” and becoming a “balancing power” in the world.

  • Indian diaspora has scaled new heights in the West. Describe its economic and political benefits for India.

    With over 32 million PIOs and NRIs spread across 200 countries, the Indian diaspora has become one of the most influential transnational communities in the world.

    Indian Diaspora Scaling New Heights

    Kamala Harris – Vice President of the USA

    Sundar Pichai – CEO of Alphabet (Google)

    Rishi Sunak – Prime Minister of the UK

    Anita Anand – Minister of Defence, Canada

    Leo Varadkar – Prime Minister of Ireland

    Indra Nooyi – Former CEO of PepsiCo

    Leena Nair – CEO of Chanel

    Economic Benefits

    Remittances – strengthen foreign exchange reserves and domestic consumption. Eg- In 2024-25, India received $135 billion, the highest in the world (World Bank).

    Investment – Successful diaspora members invest in Indian startups, real estate, and venture capital. Eg- Silicon Valley-Bangalore corridor

    Trade and Business Networks – Diaspora acts as a bridge for exports and market access. Enhances India’s competitiveness in Western markets.

    Indiaspora network and initiatives like Pratham, Akshaya Patra, IIT Alumni Foundations channel diaspora philanthropy to education and health.

    Knowledge Transfer – Highly skilled diaspora professionals contribute to knowledge flow, R&D collaboration, and technological innovation in India.

    University Collaborations- Diaspora academics help forge institutional tie-ups. Eg- Indo-US Science & Technology Forum.

    Brain Circulation- Reverse migration of skilled professionals enhances India’s innovation capacity.

    Political Benefits

    Lobbying and Advocacy for India-friendly trade, defense, and immigration policies. Eg- Strong diaspora lobbying contributed to the Indo-US Civil Nuclear Deal (2008).

    Soft Power Promotion through festivals, yoga days, and cultural events. Eg- Diwali celebration in White House

    Representation in International Platforms elevate India’s presence in multilateral decision-making. Eg- Gita Gopinath – Chief Economist, IMF.

    Bilateral Relations – facilitate closer diplomatic ties and mutual understanding between India and host countries. Eg- Kamala Harris (US) and Rishi Sunak (UK)

    Countering Anti-India Narratives- Diaspora think tanks and professionals help counter misinformation on Kashmir, CAA, or farmers’ protests.

    Challenges

    Security Threats – Eg- Khalistani groups in Canada

    Issues of discrimination and racism

    Brain Drain concerns

    As PM Narendra Modi noted, “The Indian diaspora is our global ambassador of talent, trust, and transformation.” Thus, sustained institutional dialogue is essential.

  • ”The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

    A Living Constitution rejects rigid textualism and evolves with time to meet the changing needs of society while upholding core constitutional values. According to Woodrow Wilson, Constitution must be Darwinian in structure and in practice.

    Dynamism of Indian Constitution

    Expanding Interpretation of Fundamental Rights. Eg- Right to internet access

    Judicial Doctrines – Eg- Basic Structure Doctrine (Kesavananda Bharati, 1973)

    Democratic and Federal Evolution through constitutional amendments (over 100 so far)

    Constitution made for Progressive Society

    Social Justice – Abolition of untouchability (Article 17), reservation policies

    Gender Equality – Guarantees of equal rights (Articles 14-16)

    Political equality – Universal Adult Franchise

    Vision for a welfare state – Article 39(b)(c) (equitable distribution of resources) and Article 45 (free and compulsory education).

    Secularism & Fraternity – Promotes unity in diversity, preventing majoritarian domination while protecting minority rights.

    Expanding Horizons of Right to Life and Personal Liberty (through SC judgments)

    Right to Livelihood – Recognised in Olga Tellis v. Bombay Municipal Corporation (1985), linking livelihood to dignity of life.

    Right to Education – Unni Krishnan v. State of Andhra Pradesh (1993) paved way for RTE Act, 2009.

    Right to Clean Environment – Subhash Kumar v. State of Bihar (1991) connected the environment with quality of life.

    Right to Health – In Paschim Banga Khet Mazdoor Samity (1996), SC held that the state must provide adequate healthcare.

    Right to Privacy – Justice K.S. Puttaswamy v. Union of India (2017) declared privacy intrinsic to personal liberty.

    Right to Die with Dignity – Common Cause v. Union of India (2018) legalised passive euthanasia.

    Right to Internet Access – Anuradha Bhasin v. Union of India (2020) recognised internet as essential for speech, trade, and education.

    Right to Marry a Person of Choice – Shafin Jahan v. Asokan (2018) upheld liberty in matters of marriage.

    Expanding Horizons of Right to Life and Personal Liberty (Through Amendments)

    44th Amendment Act (1978) – Imposed limitations on Emergency powers by ensuring that Articles 20 and 21 cannot be suspended even during a National Emergency.

    86th Amendment Act (2002) – Inserted Article 21A, making Right to Education (6-14 years) a fundamental right under Article 21.

    The Indian Constitution, through its dynamism, has transformed into a progressive charter of human rights. As Granville Austin remarked, the Constitution is a “social document aiming at transforming society through law.”

  • Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority(NALSA) in rendering free legal aid in India.

    Free legal aid is a fundamental component of access to justice. It is provided under Article 39A of the Constitution and operationalized through the Legal Services Authorities Act, 1987.

    Persons Entitled to Free Legal Aid (Section 12, Legal Services Authorities Act, 1987)

    Persons with Annual Income below prescribed limit

    Women and Children

    Members of SC/ST Communities

    Victims of Human Trafficking or Begar

    Persons with Disabilities

    Industrial Workmen

    Persons in Custody – including undertrials, detainees, and prisoners

    Victims of Mass Disaster, Ethnic Violence, Flood, Drought, or Industrial Accidents

    Role of NALSA in Rendering Free Legal Aid

    Institutional Framework-

    NALSA is headed by the Chief Justice of India as Patron-in-Chief.

    Supervises State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees (TLSCs).

    Legal Awareness-Conducts Lok Adalats, Legal Literacy Camps, and Legal Aid Clinics in rural and marginalized areas.

    Alternative Dispute Resolution (ADR)- Organizes Lok Adalats for speedy, low-cost dispute resolution. Eg- National Lok Adalat (2023) settled over 1.3 crore cases across India.

    Specialized Schemes for Vulnerable Groups- Eg- NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015.

    Free Legal Representation and Counsel to represent eligible persons in courts and tribunals.

    Legal Aid in Prisons for undertrials through regular jail legal aid clinics.

    Use of Technology- Launched E-Lok Adalat for digital access to justice in remote areas.

    Challenges

    Low Awareness – As per India Justice Report, despite over 80% of citizens eligible, only 15 million have availed legal aid since 1995.

    Shortage of Trained Lawyers – avoid pro bono work due to

    Implementation Gaps- Uneven performance across states and districts.

    Way Forward

    Increase Grant-in-Aid and resource allocation to NALSA.

    Launch awareness campaigns via radio, TV, and local media.

    Fair compensation and incentives for panel lawyers and PLVs.

    Mandatory annual pro bono work for advocates with merit-based recognition.

    Free legal aid is essential to realize the constitutional promise of “justice-social, economic, and political.”

  • “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.” Comment.

    73rd and 74th CAA are the embodiment of grass-root democracy and democratic decentralization in India. However, they have remained Half Baked Cake (Mani Shankar Iyer Committee) due to reluctance of states.

    Reluctance to empower Urban Local Bodies

    Funding Challenges

    High fiscal dependence- ULBs’ own revenue was only 47% of their total revenue in 2022, with property tax accounting for 29%.

    Post-GST revenue loss- Subsumption of Octroi, sales tax, and entertainment tax reduced ULB income. Eg- of revenue post-GST.

    Weak property tax collection- Only 10-11% of revenue from property tax vs 20-22% in China (Peterson Institute).

    Limited taxation powers- ULBs lack fiscal autonomy unlike China (land rights), Denmark (local income tax), or USA (broad local taxes).

    Weak SFC implementation- 15% shortfall in 15th FC grants and delayed State Finance Commissions reduce fiscal predictability.

    Functional Challenges

    Parastatal dominance- Urban authorities and public corporations control key functions like water, and transport, limiting ULB autonomy. Eg- Delhi Jal Board

    Rise of Special Purpose Vehicles (SPVs)- Schemes like JNNURM (2005) and Smart Cities Mission (2015) implemented via SPVs, bypassing elected bodies. SPVs, led by bureaucrats, indicate “procedural distrust” of local democracy.

    Incomplete devolution- Most States haven’t transferred all 18 functions under the 12th Schedule.

    Inactive District Planning Committees (DPCs)- Non-functional in 9 States and ineffective in 15 others, hindering integrated planning.

    Greater Bengaluru Governance Bill (2024)- Empowers Greater Bengaluru Authority (GBA) to alter ULB boundaries and override elected councils.

    Reasons for States’ Reluctance to Empower ULBs

    Political Control – Fear of losing urban dominance.

    Discretionary Devolution – 74th Amendment left powers optional.

    Low Political Incentive – No short-term electoral gain.

    Weak Administrative Capacity – Perceived inefficiency of local bodies.

    Limited Citizen Pressure – Urban voter apathy enables state control.

    Way Forward

    Empower ULBs legally through activity mapping and fiscal autonomy.

    Constitute SFCs timely, link grants to performance.

    Integrate local bodies into planning via empowered DPCs and MPCs.

    Urban Local bodies are the cornerstones of participatory democracy and good governance as 50% of India’s population is expected to reside in urban areas by 2030.

  • Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

    Parliamentary sovereignty is a fundamental principle of the British constitutional system, signifying that Parliament is the supreme legal authority. In India, Parliament’s power is limited by constitutional supremacy and judicial review.

    Similarities

    Representative Authority: In both countries, Parliament represents the will of the people and is the central law-making body.

    Supremacy in Legislative Function: Both Parliaments have broad legislative powers to make, amend, or repeal laws.

    Parliamentary Privileges: Members in both enjoy freedom of speech and immunity within legislative proceedings.

    Rule of Law Framework: Both function under the rule of law, ensuring legislation aligns with legal principles.

    Bicameral Legislature: Each has a two-house system (UK: Commons and Lords; India: Lok Sabha and Rajya Sabha).

    While both systems share a parliamentary foundation and democratic ethos, the UK upholds parliamentary supremacy, whereas India enshrines constitutional supremacy

    Governance

    Important Aspects of Governance

  • Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

    Article 178 provides for Presiding Officers of state legislatures. According to Nehru,’Speaker represents dignity & freedom of house & as House represents nation, Speaker becomes a symbol of nation’s freedom & liberty.’

    Role in Maintaining Order

    Presiding Over Sessions – Conducts proceedings, enforces rules of procedure, and ensures smooth functioning of the House.

    Maintaining Order and Decorum – Eg- suspension under Rule 374A equivalent.

    Regulating Debates – Allots time to members, ensures balanced participation from treasury and opposition benches.

    Decision on Points of Order – Interprets procedural rules and resolves disputes.

    Certification Authority – Certifies Money Bills and authenticates proceedings.

    Safeguards the sanctity of legislative decision-making through accurate voting processes.

    Role in Upholding Impartiality

    Neutral Arbiter – Acts above party lines, ensuring equal treatment of all members.

    Adjudicator under Anti-Defection Law (Tenth Schedule) – Decides on disqualification of members.

    Protection of Members’ Privileges – Defends legislative freedom of speech and expression within the House.

    Guardian of Legislative Autonomy – Ensures the executive’s accountability to the legislature, maintaining separation of powers.

    Promoting Transparency – Ensures publication of debates, committee reports, and live telecast of proceedings to strengthen public trust.

    Facilitating Best Democratic Practices

    Encouraging Committee System – Strengthens Departmental Standing Committees for detailed policy review.

    Enhancing transparency and accountability – Eg- live telecast of sessions

    Training & Capacity Building of MLAs – Enhances understanding of legislative procedures and constitutional duties.

    Upholding Minority Rights – Protects the voice of opposition and smaller parties within the assembly.

    Adherence to Constitutional Morality – Ensures decisions reflect constitutional values rather than political expediency.

    Coordination with Lok Sabha & Other States – Fosters uniform parliamentary standards and best practices nationwide.

    Concerns Affecting Impartiality

    Partisan Bias in disqualification cases (e.g., Maharashtra, Manipur Assemblies, 2020-23).

    Executive Pressure in agenda-setting and session duration.

    Lack of Codified Conventions for neutrality and ethical norms.

    Absence of Independent Oversight of the Speaker’s procedural decisions.

    A truly impartial Speaker is the cornerstone of the edifice of parliamentary democracy.