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GS Paper: GS2

  • ”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.

  • “Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.

    Judicial independence refers to the freedom of judges from external pressures – political, or popular – enabling them to uphold the Constitution and rule of law without fear or favour.

    Constitutional Guarantee of Judicial Independence

    Separation of Powers (Article 50) – Directive to separate judiciary from the executive.

    Security of Tenure (Articles 124(4), 217) – Judges can be removed only through impeachment.

    Financial Autonomy (Article 112, 125) – Judicial salaries and pensions are charged on the Consolidated Fund.

    Appointment Process (Articles 124-147) – The Collegium system, evolved through Second Judges Case (1993), protects against executive dominance.

    Power of Judicial Review (Articles 13, 32, 226) – Enables courts to strike down unconstitutional laws or actions.

    Contempt of Court Powers (Article 129, 215) – Protects the dignity and authority of courts.

    Judicial independence as a prerequisite of democracy

    An independent judiciary safeguards rule of law over rule by power, ensuring that all state actions remain within constitutional limits.

    Courts act as guardians of the Constitution by protecting citizens’ fundamental rights from legislative or executive encroachment. Eg- Shreya Singhal case invalidating Section 66A of IT Act

    Maintains Separation of Powers and prevents concentration of power.

    In a democracy based on constitutional supremacy, courts act as a bulwark against populist or authoritarian tendencies. Eg- Basic Structure Doctrine.

    Ensures Accountability of the Government through judicial review (Articles 13, 32, 226). Eg- NJAC Judgment

    Upholds Constitutional Morality by progressive interpretation of laws. Eg- Sabrimala Verdict

    Prevents Executive Overreach – Independent courts can strike down arbitrary laws or actions (Indira Gandhi v. Raj Narain, 1975).

    Ensures Peaceful Resolution of Disputes – A credible judiciary provides non-violent conflict resolution, strengthening democratic stability.

    “There is no better test of the excellence of government than the working of its judicial system.” – Lord Bryce

  • Terrorism has become a significant threat to global peace and security’. Evaluate the effectiveness of the United Nations Security Council’s Counter-Terrorism Committee (CTC) and its associated bodies in addressing and mitigating this threat at the international level.

    Terrorism refers to the use of violence or threat to create fear and achieve political, ideological, or religious objectives by targeting civilians and governments.

    Terrorism as a Threat to Global Peace and Security

    Non-traditional global security challenge undermining state sovereignty, human rights, and economic stability.

    Evolving nature – cross-border networks, online radicalization, financing through illicit trade, and use of emerging technologies (drones, crypto-assets).

    Threats

    Economic – Terrorism and organised crime linkage. Eg- role of D-Company in Bombay Blasts 1993

    Bioterrorism – Eg- use of chemical weapons in Syria

    State sponsored terrorism – Eg- Pakistan

    Cyber terrorism – Eg- online radicalization by ISIS

    Regional Instability – Eg- Taliban in Afghanistan

    United Nations Security Council’s Counter-Terrorism Committee (CTC) and Associated Bodies

    Established under UNSC Resolution 1373 (2001) after 9/11.

    CTC’s mandate: Enhance state co-operation and capacity building to deal with global terror

    Associated Bodies:

    CTED (Counter-Terrorism Committee Executive Directorate): Provides technical assistance to member states.

    UNOCT (UN Office of Counter-Terrorism): Coordinates UN counter-terror programs.

    FATF : Monitors terror financing and money laundering globally.

    Positive Role

    Global Framework: Universal adoption of Resolution 1373, creating a global legal framework.

    Capacity Building: Support to developing states in border management, cyber surveillance, and financial tracking.

    Curbing Terror Financing: Criminalization of fund-raising and cross-border money flows.

    Information Sharing: Enhanced coordination among INTERPOL, UNODC, and regional organizations (ASEAN, AU, SAARC).

    1267 Sanctions Regime: Travel bans and arms embargoes on listed terrorist entities.

    Limitations

    No Universal Definition of Terrorism: Political differences hinder cohesive action.

    Enforcement Limitations: CTC cannot impose sanctions; compliance depends on state will.

    Selectivity and Geopolitics: Veto politics within UNSC prioritizes strategic interests over global consensus. Eg- China blocking Masood Azhar terrorist designation

    TRF, designated a terrorist group by India, has not been formally designated as a terrorist organisation by the UNSC 1267 Sanctions Committee.

    Unequal Capacities: Developing nations lack financial and technological resources to meet obligations.

    Emerging Threats: Cyber-terrorism, lone-wolf attacks, and digital radicalization outpace global responses.

    Human Rights Concerns: Some counter-terror laws compromise due process and civil liberties.

    Lack of consensus – as per T.S. Tirumurti, the world has gone back to the era of “my terrorist” and “your terrorist” and consensus reached after 9/11, to fight terror comprehensively, has run its course.

    Way Forward

    3C Approach: Collaborate, Coordinate, and Cooperate among nations.

    UNSC Reforms: voice to Global South and democratization of decision-making.

    Early finalization of Comprehensive Convention on International Terrorism (CCIT)

    A comprehensive consensus-based approach on zero tolerance for corruption is needed to tackle the menace of terrorism.


  • What are the aims and objects of the recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act?

    The Public Examination (Prevention of Unfair Means) Act, 2024, was enacted to curb widespread malpractices, paper leaks, and organised cheating in recruitment and entrance examinations conducted by central authorities.

    Aims and Objectives of the Act

    Provide clear legal framework to deal with issue of paper leaks

    Defining Unfair Practices – Includes leakage of question papers, tampering of answer sheets, manipulation of computer systems, and collusion with officials or service providers.

    Empowering Examination Authorities – Allows surprise checks, blacklisting of service providers, and enhanced oversight mechanisms.

    Authorises the Centre to refer cases to Central Investigation Agencies for probing large-scale malpractices.

    Enables setting up of special courts for time-bound adjudication of offences.

    Stringent Punishments – Prescribes 3-5 years of imprisonment and fines up to , extendable for organised crimes, to restore public confidence.

    Addressing Organised Examination Crimes – Provides for property attachment and prosecution of institutions involved in organised cheating networks.

    Deterring Unfair Means – Prevents cheating, impersonation, and paper leaks, ensuring transparency, fairness, and credibility in examinations.

    Significance

    Ensuring Integrity of Public Examinations

    Deterring Organised Malpractices

    Protecting Merit and Equal Opportunity

    Enhancing Accountability of Examination Authorities

    Promoting Transparency and Trust

    Strengthening Governance and Fair Recruitment

    Coverage under the Act

    The Act applies to “Public Examinations” conducted by authorities listed in its Schedule or notified later by the Central Government.

    The Schedule presently includes:

    Union Public Service Commission (UPSC)

    Staff Selection Commission (SSC)

    Railway Recruitment Boards (RRBs)

    Institute of Banking Personnel Selection (IBPS)

    National Testing Agency (NTA) and other Central Government recruitment bodies.

    University and State Education Board examinations are not automatically covered unless specifically notified by the Central Government under Section 2 of the Act.

    Limitations of the Act

    Limited Coverage – State Boards and Universities are not automatically covered.

    No Dedicated Investigative Mechanism – Investigation left to DSP-level officers

    Technology Gaps – Insufficient use of digital tracking, encryption, and data protection tools to prevent leaks.

    Ambiguity in Defining “Unfair Means” – The broad wording may lead to subjective interpretation and misuse.

    Heavy reliance on Central Government notification powers may limit federal flexibility.

    Focuses mainly on punitive measures, not on systemic prevention and capacity-building.

    Judicial Burden – Creation of special courts without adequate infrastructure may lead to delays in trial.

    Training Deficit – Lack of awareness and training among invigilators and exam staff undermines effective implementation.

    The Act represents a major reform to uphold the integrity, fairness, and accountability of India’s examination system.

    Civil Services

  • Discuss the geopolitical and geostrategic importance of Maldives for India with a focus on global trade and energy flows. Further also discuss how this relationship affects India’s maritime security and regional stability amidst international competition?

    The Maldives, located southwest of India in the central Indian Ocean, sits astride critical Sea Lines of Communication (SLOCs) that carry a major share of global oil and trade flows.

    Geopolitical and Geostrategic Importance of Maldives for India

    Strategic Location on Global Trade Routes through which over 80% of India’s crude oil and global container traffic transit.

    Energy Security Corridor- positions near the Eight Degree Channel are vital for the free flow of energy from the Persian Gulf to Indian and East Asian markets.

    As part of India’s SAGAR vision, Maldives strengthens India’s maritime domain awareness (MDA) through coastal radar systems integrated with India’s Information Fusion Centre – Indian Ocean Region (IFC-IOR).

    Economic and Blue Economy Cooperation for trade connectivity and sustainable ocean management.

    Impact on India’s Maritime Security Amidst International Competition

    India’s partnership with Maldives enables real-time monitoring of sea lanes, joint patrols, and defense training, enhancing maritime security in the Arabian Sea-Central IOR belt.

    The Belt and Road Initiative (BRI) and Chinese-funded infrastructure projects in Maldives (e.g., Sinamalé Bridge, port expansions) raise concerns of strategic encirclement (“String of Pearls”).

    Securing SLOCs Against Non-Traditional Threats like piracy, smuggling, terrorism, and illegal fishing.

    First-Responder Advantage- India’s humanitarian and disaster-relief operations (e.g., Operation NEER, COVID-19 aid) reinforce its role as the preferred security partner in the Indian Ocean Region (IOR).

    Impact on India’s Regional Stability Amidst International Competition

    Maintaining Balance of Power in the IOR- Maldives’ cooperation ensures that strategic outposts in the central Indian Ocean remain friendly to India and aligned with its Indo-Pacific vision.

    Shifts between pro-India and pro-China governments in Maldives (e.g., “India Out” campaigns) requires non-interference and developmental diplomacy to ensure long-term engagement.

    Regional Multilateralism and Cooperative Security through the Colombo Security Conclave and Indian Ocean Rim Association (IORA).

    India’s investments in infrastructure, tourism, and climate adaptation projects foster goodwill, ensuring Maldives remains a stable democratic partner in an increasingly contested Indo-Pacific.

    Challenges

    India’s Panipat Syndrome – Reactive rather than proactive diplomacy

    Political Instability due to Chinese influence (Deep Pocket Diplomacy)

    India’s delivery deficit and Big Brother Syndrome

    Way Forward

    Expand joint naval patrols, intelligence sharing

    Gujaral Doctrine – non-intrusive, partnership-based approach

    Institutionalize Political and Strategic Dialogue- 2+2 Ministerial Dialogue

    Provide viable alternatives to Chinese Belt and Road projects via Neighbourhood First and SAGAR

    A stable, sovereign, and friendly Maldives is essential for India’s ambition of Net Security Provider in IOR.

  • The West is fostering India as an alternative to reduce dependence on China’s supply chain and as a strategic ally to counter China’s political and economic dominance.’ Explain this statement with examples.

    The world order today is in ‘flux’ (M. K. Narayanan). In this context, “India is shaping up to be the trusted partner in a turbulent world.” (S. Jaishankar)

    China’s Dominance

    Political

    Alternative governance and development model of authoritarian capitalism

    Strategic assertion in South China Sea, Taiwan Strait, and Indian Ocean. Eg- boiling frog strategy

    Dual-use infrastructure- Eg- BRI ports and bases (Djibouti, Gwadar).

    Economic

    Parallel institutional ecosystem- Creation of AIIB, NDB, and BRI

    Complex interdependence- 18% of world GDP, major supplier in 70% of global supply chains.

    Debt Trap diplomacy through BRI loans and surplus-deficit strategies. Eg- Sri Lanka

    Weaponisation of supply chains – Eg- export restrictions on rare earths

    India’s Emerging Role as an Alternative to China

    (A) Geoeconomic Dimension – Supply Chain Diversification

    “China+1” Strategy-

    Global firms (Apple, Foxconn, Dell, Samsung) shifting manufacturing to India.

    India’s PLI Scheme attracted global investment in electronics, semiconductors, and solar.

    Recent FTA with UK

    Resilient Supply Chain Initiative by India, Japan, and Australia to reduce dependence on Chinese manufacturing.

    US-India Initiative on Critical and Emerging Technologies (iCET, 2023)- Cooperation in semiconductors, AI, quantum computing, and space.

    EU-India Trade and Technology Council (TTC, 2023)- Platform for technology, green energy, and digital infrastructure collaboration.

    (B) Strategic and Geopolitical Dimension

    Indo-Pacific Strategy-

    India is central to US-led Indo-Pacific vision ensuring a free and open Indo-Pacific.

    Participation in QUAD (India, US, Japan, Australia) to balance China’s maritime influence.

    Increasing defence trade and interoperability under COMCASA, BECA, LEMOA agreements.

    Critical Minerals Partnership (2022) to counter China’s monopoly in rare earth supply chains

    Infrastructure Connectivity- IMEC (India-Middle East-Europe Corridor, 2023) launched at G20 to provide an alternative to China’s BRI.

    (C) Multilateral and Institutional Cooperation

    India’s G20 Presidency (2023) strengthened its global credibility as a bridge between Global North and South.

    Western nations back India’s UNSC reform demand, recognizing its role in a multipolar world.

    ASEAN Countries and CARs as well as Russia support India’s role in ASEAN and SCO respectively as a counterbalance to China

    As the centre of gravity of world politics is shifting towards Indo-Pacific, India’s role is going to be critical in shaping 21st century great power dynamics.