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GS Paper: GS2

  • The National Commission for Protection of Child Rights has to address the challenges faced by children in the digital era. Examine the existing policies and suggest measures the Commission can initiate to tackle the issue.

    The NCPCR, established under the Commission for Protection of Child Rights Act, 2005, is the apex body for safeguarding child rights under Articles 14, 15(3), 21, and 39(e)-(f) of the Constitution.

    Challenges Faced by Children in the Digital Era

    Online Sexual Exploitation: Increased exposure to pornography, grooming, and trafficking.

    Cyberbullying and Harassment: UNICEF (2019) – 1 in 3 Indian children faced online bullying.

    Privacy and Data Protection Issues

    Mental Health: Addiction, Self harm, Anxiety etc.

    Digital Divide: Unequal access to internet-based education deepens learning inequality

    Exposure to Harmful Content – Eg- Blue Whale Challenge.

    Deepfakes & AI Manipulation – Eg- Interpol flagged AI-generated child pornography.

    Functions and Powers of NCPCR

    Examine and Review Safeguards

    Inquire into Violations

    Advise on Policy and Legislation

    Monitor Implementation of child-related laws, such as the Juvenile Justice Act, POCSO Act, and RTE Act.

    Research and Awareness

    Inspect juvenile homes, observation homes, and child care institutions.

    Quasi-Judicial Powers: powers of a civil court

    Existing Policies and Initiatives

    IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Mandate removal of child sexual abuse content and ensure age-based content filtering.

    POCSO Act, 2012 (Amended 2019) – Covers online sexual abuse and child pornography.

    National Cybercrime Reporting Portal – Allows reporting of child cyber exploitation.

    Digital India & PM eVIDYA – Promote safe and inclusive digital learning.

    NCPCR Initiatives:

    POCSO e-Box – Online reporting of sexual abuse.

    Sammaan Portal – Tracks child abuse cases online.

    Guidelines on Online Child Safety (2020) during COVID.

    Guidelines for Ed-Tech Platforms – Protect children’s digital privacy and safety.

    POCSO e-Courts Project (2018) – to fast-track POCSO trials using digital case management systems

    Issues in the Existing Policies and Legal Framework

    Fragmented Mechanism: Overlap among NCPCR, IT Ministry, and police leads to poor coordination.

    Outdated Laws: IT Act 2000 and POCSO Act 2012 don’t address AI, dark web, or social media threats.

    Weak Child Data Protection: Data Protection Act 2023 lacks strong safeguards for children’s data and consent.

    Poor Enforcement of IT Rules: Platforms often ignore self-regulatory duties to remove harmful content.

    Limited Cyber Policing: Lack of trained cyber experts and forensic tools in law enforcement.

    Low Awareness: Parents, teachers, and officials unaware of digital risks and reporting mechanisms.

    Slow Justice Delivery: POCSO trials and cybercrime cases face long delays and low conviction rates.

    Unregulated Ed-Tech and Gaming: No clear norms for content, privacy, or addictive design in children’s apps.

    Measures NCPCR Can Initiate

    Strengthen Legal and Regulatory Framework: Recommend amendments to ensure strict age verification, child data protection, and content moderation.

    Establish Digital Child Protection Cell to track online abuse and emerging threats.

    Cyber Safety Education in schools and communities.

    Conduct periodic studies on children’s digital behaviour and risks for evidence-based policymaking.

    Build Capacity of Law Enforcement on cyber forensics and child protection laws.

    Advocate screen-time guidelines, parental supervision tools, and awareness on balanced digital habits.

    “The child is both a promise and a responsibility.” Thus, the 3R approach of Reform, Reorientation and Restructuring can enhance functioning of NCPCR as an effective Guardian of Child Rights.

    Comparison of Constitutions

  • The Attorney General of India plays a crucial role in guiding the legal framework of the Union Government and ensuring sound governance through legal counsel.” Discuss his responsibilities, rights and limitations in this regard.

    The Attorney General of India (AG) is the highest law officer of the Union Government, established under Article 76 of the Constitution.

    RESPONSIBILITIES / DUTIES (Article 76(2))

    Gives legal advice to the Government of India on matters referred by the President.

    Performs other duties of legal character assigned by the President from time to time.

    Appears on behalf of the Government of India in all cases before the Supreme Court and in High Courts in which the Government is concerned.

    Appears in cases involving interpretation of the Constitution before the Supreme Court.

    Defends the constitutional validity of laws, ordinances, and government actions when challenged.

    Provides legal opinion during drafting of bills, ordinances, and constitutional amendments.

    RIGHTS AND PRIVILEGES

    Right of Audience in All Courts (Section 4, Law Officers Conditions of Service)

    Right to Speak in either House of Parliament and any joint sitting.

    Although AG can speak in Parliament, he has no right to vote.

    Enjoys all privileges and immunities available to Members of Parliament when participating in parliamentary proceedings.

    AG has precedence over all other advocates in courts of India.

    Ex-Officio Member of the Bar Council of India.

    Right to receive government documents, files, and information necessary for legal opinions.

    Pre-Audience Right (Section 23, Advocates Act, 1961) – entitled to be heard before all other counsels.

    LIMITATIONS / RESTRICTIONS

    Not Full-Time Government Employee

    Cannot give opinions to private parties against the Government of India.

    Cannot defend accused persons in criminal cases without prior permission of the Government of India.

    Cannot hold any other office of profit without consent of Government of India.

    Restricted from Conflict of Interest Cases – Must avoid cases where his private practice conflicts with government interests.

    Unlike his British counterpart, the Indian AG is not a member of the Cabinet

    Holds office at President’s pleasure – no fixed tenure unlike CAG or judges.

    Advisory Role Only on Legal Matters

    The Attorney General of India stands as the constitutional sentinel of the Union Government’s legal framework.

    Parliament

  • What are environmental pressure groups? Discuss their role in raising awareness, influencing policies and advocating for environmental protection in India.

    Environmental Pressure Groups (EPGs) are organized civil society or citizens’ groups that seek to influence public opinion, government policy, and corporate behavior on ecological and sustainability issues.

    Role of Environmental Pressure Groups in India

    Raising Environmental Awareness

    Public Mobilization through mass movements, awareness drives, and media campaigns. Eg-

    Chipko Movement (1973) – led by Sunderlal Bahuguna to stop deforestation in Uttarakhand.

    Save Silent Valley Movement (Kerala, 1978) – against a hydroelectric project threatening tropical rainforest.

    Environmental Education – – Centre for Environment Education (CEE) works with schools and universities on sustainability curricula.

    Media and Digital Advocacy – Fridays for Future India leverages digital activism for climate awareness.

    Influencing Public Policy and Legislation

    Policy Advocacy and Research Inputs – Provide scientific evidence, policy recommendations, and stakeholder consultations to shape environmental laws.

    Judicial Activism and PILs – Eg- MC Mehta v. Union of India cases (Ganga Pollution, Oleum Gas Leak) strengthened India’s environmental jurisprudence.

    Shaping Environmental Institutions – Their advocacy contributed to the creation of MoEFCC (1985), National Green Tribunal (2010), and Environment Impact Assessment (EIA) framework.

    Advocacy for Environmental Protection and Sustainable Development

    Grassroots Environmental Movements – Eg- Appiko Movement (Karnataka) replicated Chipko in Western Ghats.

    Corporate Accountability – Pressure corporations to adopt clean technologies and CSR-based sustainability models. Eg- anti-mining movement in the Niyamgiri mountains in Odisha

    Climate Change and Renewable Energy Advocacy – TERI (The Energy and Resources Institute) conducts research on climate resilience and sustainable energy policy.

    Urban Environmentalism – Citizen for Green Bengaluru and Clean Air Collective India promote sustainable urban planning.

    Challenges Faced by Environmental Pressure Groups

    Perception of Obstructionism: Often labelled as anti-development or “foreign influenced.”

    Funding and Regulatory Constraints: Tightened FCRA norms and compliance burdens.

    Limited Representation: Urban, elite-driven activism may overlook local realities.

    Fragmentation and Coordination Gaps: Lack of unified national environmental network.

    Balancing Ecology and Economy: Difficulty in reconciling conservation with livelihood interests.

    Way Forward

    Institutionalized Government-CSO Dialogue: Establish consultative platforms under MoEFCC and NITI Aayog.

    Data-Driven Advocacy: Leverage NDAP and IndiaAI Mission for environmental data visualization.

    Grassroots Capacity Building: Empower Panchayats and tribal groups for local conservation.

    Transparency and Collaboration: Adopt transparent funding and promote state-civil society partnerships.

    Environmental Education: Integrate sustainability into national curriculum via National Education Policy (NEP) 2020.

    Environmental pressure groups act as guardians of ecological justice and public conscience in a rapidly developing economy.

    Development Processes

  • India–Africa digital partnership is achieving mutual respect, co-development and long-term institutional partnerships. Elaborate.

    In the words of PM Modi, “Africa will remain at the center of our attention. Our partnership is not just about sharing resources but about sharing dreams and a vision for a brighter future.”

    India-Africa Digital Partnership

    Foundation of Mutual Respect-

    South-South Cooperation– based on equality, non-conditionality, and mutual benefit.

    Unlike the Chinese “Digital Silk Road”, India provides low-cost and interoperable solutions.

    Africa views India as a partner in capacity building, not a neo-colonial actor. (Shashi Tharoor)

    Co-development through Technology and Capacity Building-

    Pan-African e-Network (2009)- Connects 48 African countries with India for tele-education and telemedicine.

    India’s Aadhaar, UPI, CoWIN, and DigiLocker systems serve as models for Africa’s Digital Transformation Strategy (2020-2030). Eg- Namibia – NPCI Pact for a UPI-like instant payment system

    ITEC Program- Trains African professionals in e-governance, AI, fintech, and cybersecurity, promoting shared digital growth.

    Long-term Institutional Partnerships-

    India-Africa Forum Summit (IAFS) & Voice of Global South Summit (2023)- Institutionalize digital cooperation as a core agenda.

    EXIM Bank LoCs & Tech Parks- Fund ICT hubs and innovation centers (e.g., Ethiopia, Rwanda, Tanzania).

    Start-up collaboration under Digital India-Digital Africa initiative, in agri-tech, e-health, fintech, and education.

    Triangular cooperation with Japan under Asia-Africa Growth Corridor (AAGC) supports digital infrastructure.

    Education and Skilling – Eg- IIT Madras campus in Zanzibar (first overseas IIT)

    The digital partnership reflects a new model of South-South cooperation for inclusive digital transformation

  • Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system on appointment of the Judges of the Supreme Court of India and that of the USA.

    The appointment of judges is central to judicial independence and part of the Basic Structure (Kesavananda Bharati, 1973).

    In India, this evolved through judicial interpretation, whereas in the USA, the process is constitutionally and politically structured.

    Evolution of the Collegium System in India

    Articles 124(2) and 217(1)– Provide for appointment of judges by the President after consultation with the Chief Justice of India (CJI).

    First Judges Case (S.P. Gupta v. Union of India, 1981)

    Held that “consultation” does not mean “concurrence.” CJI’s opinion was not binding

    Gave primacy to the executive in judicial appointments and transfers.

    Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) – Overruled the 1981 judgment. Established the Collegium System– CJI + 2 senior-most judges of the Supreme Court to recommend appointments.

    Third Judges Case (Re Presidential Reference, 1998) – Expanded the collegium to CJI + 4 senior-most judges. Made consultation with the collegium binding on the executive.

    Parliament passed the 99th Constitutional Amendment to replace the collegium with NJAC. Composition- CJI, 2 senior judges, Law Minister, and 2 eminent persons.

    Supreme Court Judgment (2015), NJAC was struck down as unconstitutional, violating the Basic Structure (judicial independence).

    Present Status

    Collegium Composition-

    Supreme Court- CJI + 4 senior-most judges.

    High Court- Chief Justice + 2 senior-most judges.

    Executive Role- Can seek reconsideration once, but must accept the collegium’s recommendation thereafter.

    In the USA, Judges of the Supreme Court are nominated by the President and confirmed by the Senate after public hearings.

    Analysis of system of appointment

    India

    USA

    India’s collegium ensures independence but lacks transparency, whereas the U.S. model ensures openness but risks politicisation. Thus, a mechanism balancing independence and accountability is essential to preserve judicial integrity and democratic legitimacy.

  • Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

    The Indian Constitution, under Article 368, confers the power of amendment on Parliament. However, this power is neither absolute nor unlimited, being subject to procedural and substantive limitations.

    Procedural Limitations

    These are explicit constitutional conditions laid down in Article 368. Violation of any renders the amendment invalid.

    Special Majority Requirement – Majority of total membership of each House, and Two-thirds of members present and voting.

    Separate Approval by Each House – No joint sitting is allowed under Article 108.

    Ratification by Half States for Federal Provisions – Eg- 101st Amendment (GST) required ratification.

    Presidential Assent under Article 368(2).

    Bill must follow all legislative procedures – notice, debate, quorum, and voting. Procedural irregularities can invite judicial scrutiny (as per Raj Narain v. Indira Gandhi, 1975).

    Substantive Limitations on the Amending Power

    These are judicially evolved constraints that restrict Parliament from altering the core identity of the Constitution.

    Doctrine of Basic Structure (Kesavananda Bharati v. State of Kerala (1973))

    Limited Amending Power Itself is Basic Structure (Minerva Mills, 1980) – Clauses (4) and (5) of Article 368 (inserted by the 42nd Amendment) were struck down.

    I.R. Coelho v. State of Tamil Nadu (2007) held that even laws placed in the Ninth Schedule after 1973 are open to Basic Structure review.

    Parliament cannot amend to abrogate or emasculate Fundamental Rights forming part of the Basic Structure (e.g., equality, liberty).

    Parliament cannot alter the essential federal balance between Centre and States. (Kuldip Nayar v. Union of India (2006))

    Indira Nehru Gandhi v. Raj Narain (1975)- Free and fair elections, rule of law, and judicial review are part of Basic Structure.

    Harmony between Fundamental Rights and Directive Principles – Both must coexist; destroying one in favor of the other violates Basic Structure.

    Examination of limitations

    Thus, the limited amending power under Article 368 makes the Indian Constitution a living document, capable of growth yet immune from destruction.

  • Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the Assembly of the Union Territory of Jammu and Kashmir.

    The Jammu and Kashmir Reorganization Act, 2019, following the abrogation of Article 370 and 35A, reorganized the former State of J&K into two Union Territories – Jammu & Kashmir (with legislature) and Ladakh (without legislature).

    Nature of J&K Legislative Assembly after the J&K Reorganization Act, 2019

    The UT of J&K Assembly resembles that of Delhi and Puducherry, functioning under Article 239A with limited law-making powers.

    The Lieutenant Governor (LG) is the head of the UT, appointed by the President, and wields greater authority than Governors of states.

    The Assembly has a five-year term (not six as earlier).

    Abolition of J&K Legislative Council – Bicameralism ended, Assembly became unicameral.

    Out of 107 seats in J&K Assembly-

    83 elected,

    24 reserved for Pakistan-occupied Kashmir (PoK),

    5 to be nominated by the LG, including 2 women (as per the Act, 2019 amendment 2023).

    Powers and Functions of J&K Legislative Assembly

    Legislative Powers

    Can legislate on subjects of the State List, except public order, police and concurrent list subject.

    Section 36 – Financial Bills in J&K UT can be introduced or moved in the Legislative Assembly only on the recommendation of the Lieutenant Governor.

    Laws require assent of the LG, who may refer bills to the President.

    Executive Oversight

    The Council of Ministers, headed by the Chief Minister, is collectively responsible to the Assembly.

    The Assembly exercises oversight through questions, motions, debates, and budget control.

    However, Section 53 – LG acts in discretion on matters related to All India Services & Anti-Corruption Bureau.

    Financial Powers

    Can pass the annual budget and authorize expenditure from the Consolidated Fund of J&K.

    Money Bills require the prior recommendation of the LG.

    The J&K Legislative Assembly post-2019 is a restricted legislature, balancing democratic representation with the Union’s direct control over sensitive subjects.

  • “Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike…” In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India.

    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated”.

    Constitutional morality as the fulcrum

    Checks on High Functionaries

    Supremacy of Constitution – Limits arbitrary use of executive or legislative power.

    Rule of Law – Ensures decisions are legal, not personal or political.

    Judicial Review – Eg- NJAC Judgment

    Equality & Non-discrimination – Prevents rulers from favouring particular groups.

    Democratic Accountability – Demands transparency and answerability in governance. Eg- D. C. Wadhwa Case – frequent promulgation of ordinance as “fraud on the Constitution.”

    Separation of Powers – Eg – Indira Gandhi v. Raj Narain (1975) struck down 39th Amendment to protect judicial review.

    Spirit of Justice – Requires policies and judgments to align with fairness.

    Checks on Citizens

    Ensures public morality does not override rights and dignity of individuals. Eg – Navtej Johar (2018) decriminalised homosexuality, Sabrimala Judgment.

    Equality & Non-discrimination – Binds citizens against practising caste, gender, or religious exclusion.

    Tolerance & Fraternity – Discourages hate speech, intolerance, or majoritarian excesses.

    Constitutional Patriotism – Promotes loyalty to constitutional ideals over narrow identity politics. Eg- Fundamental Duties

    Concept of constitutional morality

    George Grote, in his History of Greece, described constitutional morality as a “rare and difficult sentiment”–

    Paramount reverence for forms and procedures of the Constitution.

    Adherence to law while enabling open criticism of authority.

    Need for public reason, self-restraint, and trust in institutions.

    Application of Constitutional Morality in Balancing Judicial Independence and Accountability

    Judicial Appointments – Constitutional morality preserves judicial primacy in appointments (NJAC Case 2015), while demanding transparency and collegium reforms for accountability.

    Judicial Review – Protects independence of judiciary to strike down unconstitutional laws (Kesavananda Bharati 1973), yet requires judicial restraint to avoid overreach.

    Judicial Conduct – Ensures judges remain free from executive pressure, but also subject to scrutiny for corruption or misconduct (K. Veeraswami v. Union of India 1991).

    Public Trust – Judicial independence protects rule of law, while accountability ensures public confidence in the judiciary.

    Ensures Transparency and accountability – Subhash Agarwal Case- Brought CJI’s office under RTI.

    Public Interest Litigation (PIL) – Expands access to justice for the poor and marginalised, but constitutional morality demands avoidance of frivolous PILs to preserve judicial credibility.

    Contempt Powers – Secure judicial independence, but require tolerance of criticism unless it obstructs justice delivery. Eg- Prashant Bhushan Case

    As Justice D.Y. Chandrachud observed, “Judicial independence is not a privilege but a responsibility owed to the Constitution.”

  • With the waning of globalization, post-Cold War world is becoming a site of sovereign nationalism. Elucidate.

    Thomas Friedman, (The Lexus and the Olive Tree), defines globalization as the inexorable integration of markets, nation-states, and technologies, making it farther, faster, deeper, and cheaper. However, at present, the world is witnessing ‘Deglobalisation’.

    Waning of Globalization

    Global trade as % of GDP peaked at 61% in 2008, declining to ~52% by 2024 (World Bank).

    Reversal of Liberalization- Trade wars, tariffs (US-China), and reshoring policies mark a retreat from free markets.

    The splinternet, 5G bans, and AI regulation indicate the politicisation of technology.

    Weakening of Global Institutions- paralysis of WTO, and unilateral sanctions. Eg- USA’s CAATSA

    Regionalism replacing globalization – RCEP, IPEF, BRICS+, EU strategic autonomy.

    Rise of Sovereign Nationalism

    Economic Nationalism – US “America First”, India’s Atmanirbhar Bharat, EU’s strategic autonomy.

    Resource Nationalism- Nations asserting control over rare earths, energy, and food exports. Eg- Indonesia’s nickel ban.

    Political Sovereignty – Brexit (2016) justified as “taking back control”.

    Identity Politics- Nationalist rhetoric linked to cultural, ethnic, or religious identity. Eg- rise of Neo Fascist powers in Europe.

    Strategic Assertion – Russia’s rejection of Western dominance through the Ukraine war.

    Digital Sovereignty – EU’s GDPR and DSA for data protection; China’s Great Firewall.

    Security Nationalism – Eg- Iran’s nuclear program

    Vaccine & Resource Nationalism during COVID-19

    Backlash Against Migration- Eg- Immigration controls in UK, EU, USA

    Public Opinion Shift- Global surveys (Pew, 2023) show declining trust in globalization and preference for domestic self-reliance.

    The retreat of globalization signals a transition from hyper-interdependence to guarded sovereignty and realist state-centric politics

  • “In contemporary development models, decision-making and problem-solving responsibilities are not located close to the source of information and execution, defeating the objectives of development.” Critically evaluate.

    Contemporary development models

    Neoliberal – privatization, and deregulation

    Technocratic Model – Data driven governance

    Donor-Driven Model

    PPP Model

    Participatory Development Model

    Decision-Making and Problem-Solving Not Close to Ground

    Centralized Policy Design, with limited input from grassroots institutions. Eg- Uniform guidelines under PMAY-Gramin

    Bureaucratic Hierarchies lead to delayed responses. Eg- delays in fund release under MGNREGA due to multi-tier approvals.

    Technocratic and Data-Centric Planning leads to exclusion of indigenous knowledge.

    Weak Decentralization – PRIs and ULBs lack fiscal and functional autonomy. Only 40% of states have functional District Planning Committees (NITI Aayog, 2022).

    Lack of Coordination – ministries and departments work in silos. Eg- Smart Cities Mission: 60% projects delayed due to poor coordination.

    Lack of Participatory democracy – Communities are treated as beneficiaries rather than partners in development.

    Political and Fiscal Centralization through centrally sponsored schemes

    Regulatory Capture – Eg- Nexus of Bureaucracy-Politicians-Corporate. (Vohra Committee)

    Counter-Argument

    73rd & 74th Constitutional Amendments empowered PRIs and ULBs for local governance and participatory planning.

    Gram Panchayat Development Plans (GPDPs) institutionalized bottom-up planning in over 2.6 lakh Panchayats.

    Aspirational Districts Programme (ADP) – Promotes data-driven local governance with district-level flexibility and real-time monitoring.

    PM Gati Shakti National Master Plan – Integrates 16 ministries on a GIS-based platform to align planning and execution at ground level.

    Mission Karmayogi – Builds capacity of field-level officials for local problem-solving and citizen-centric service delivery.

    Cooperative Federalism via NITI Aayog – Governing Council enable state-specific and local feedback-based planning.

    Community-Led Models – Swachh Bharat Mission and Jal Jeevan Mission emphasize village-level implementation and monitoring.

    State Level Measures – Kerala’s People’s Plan Campaign

    Way Forward

    Capability Approach – increase spending on Health (2.5%of GDP) and Education (6% of GDP)

    Adopt Best Practices – Participatory Budgeting in porto alegre brazil

    Decentralized Governance based on principle of subsidiarity.

    “Growth becomes meaningful only when it expands human freedom and capability.” – Amartya Sen

    For this, decision-making authority and problem-solving responsibilities should be at the grassroots level.

    Social Justice

    Government Policies and Interventions for Welfare Schemes for Vulnerable Sections