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Subject: Polity

  • 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.

    NHRC is a statutory body, established under the Protection of Human Rights act 1993. It is established in conformity with Paris Principles 1991.

    Role Played by Human Rights Commissions in India

    Protection of Life and Liberty- Eg- NHRC intervention in Manipur fake encounter cases (2013) led to a Supreme Court-monitored CBI probe.

    Ensuring Accountability of State Machinery- Eg- NHRC recommended Rs. 10 lakh compensation to victims of the Hashimpura massacre (2015).

    Protection of Vulnerable Groups- Eg- NHRC’s recommendations against bonded labour led to several state-level rehabilitation programmes.

    Monitoring Custodial and Institutional Conditions- Eg- NHRC report on Muzaffarpur shelter home (2018) exposed severe human rights violations.

    Promoting Human Rights Awareness through training programmes, seminars, and media campaigns

    Policy and Legal Reforms- Eg- NHRC’s recommendations on prevention of manual scavenging and rehabilitation.

    Addressing Emerging Human Rights Issues – Eg- NHRC issued advisories on migrant workers’ rights during COVID-19 lockdown (2020).

    Collaboration with International and National Agencies – Eg- India’s Universal Periodic Review (UPR) reports before the UNHRC.

    Issues Associated with NHRC

    Statutory Limitations on Jurisdiction – NHRC cannot take up cases older than one year or matters pending before a court (sub judice).

    Cases involving military personnel often fall outside the NHRC’s purview

    The NHRC lacks the authority to punish violators, cannot directly impose penalties or award relief to victims.

    Observations by the Sub-Committee on Accreditation (SCA) of GANHRI

    Lack of Diversity – Only 95 out of 393 staff positions are held by women, violating the Paris Principles requirement of pluralism and representativeness.

    Government-Dominated Selection Committee curbs opposition input and reduces transparency in selection.

    Weak Investigation Mechanism – NHRC depends on police and government officials on deputation for investigation.

    Limited Engagement with Civil Society

    Additional Institutional Challenges

    Vacancies and Delays in appointments reduce capacity and response efficiency.

    Financial Dependence- Budgetary allocations come through the Ministry of Home Affairs, affecting autonomy.

    Poor Implementation of Recommendations- NHRC recommendations are advisory, often ignored or delayed by governments.

    Backlogs- Growing pendency of complaints due to limited staff and rising caseloads.

    Way Forward

    Strengthen Legal Powers- Amend the 1993 Act to make NHRC/SHRC recommendations legally binding.

    Independent Investigation Wing- Establish a separate cadre of trained human rights investigators.

    Expand Jurisdiction- Review restrictions on cases involving armed forces and paramilitary personnel.

    Financial Autonomy- Provide independent budgetary control, like constitutional bodies (e.g., EC, CAG).

    Empower State Commissions- Strengthen SHRCs through funding and capacity-building support.

    Enhance Awareness- Conduct public education campaigns with NGOs and media support.

    Regular Review Mechanism- Form a National Human Rights Coordination Council to monitor and evaluate performance.

    The 3R approach of Reform, Reorientation and Restructuring can enhance functioning of NHRC as an effective Bulwark Of Democracy in India.

  • Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

    Equality implies that all individuals are treated without discrimination and enjoy equal access to rights, opportunities, and justice under the law.

    It has two forms:

    Formal Equality: Equal treatment under law.

    Substantive Equality: Corrective measures to achieve real equality.

    The US Constitution upholds formal legal equality, whereas the Indian Constitution advances substantive and transformative equality

    Similar Constitutional Foundations

    Both uphold equality as a constitutional guarantee and cornerstone of democracy.

    The US Constitution (14th Amendment, 1868) ensures equal protection of the laws.

    Indian Constitution (Articles 14-18) guarantees equality before law and prohibition of discrimination.

    Both enable judicial enforcement through independent courts ensuring constitutional supremacy.

    Distinguishing Features of Equality

    Both India and the USA uphold equality as a democratic ideal and Basic Feature of the constitution.

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

    Legislative Councils (Vidhan Parishads) are the upper chambers in certain states, designed to act as a revisory and deliberative body.

    Constitutional Provisions

    Article 168 – Provides for a bicameral legislature (Governor, Assembly, and Council) in few states.

    Article 169 – Parliament may create or abolish a Council by law if the State Assembly passes a resolution by special majority.

    Article 171 – Defines composition–

    1/3 elected by MLAs,

    1/3 by local bodies,

    1/12 by teachers,

    1/12 by graduates,

    1/6 nominated by Governor (eminent persons).

    Article 172(2) – Council is a permanent body, one-third retiring every two years.

    Article 182-184 – Deal with Chairman, Deputy Chairman, and conduct of business.

    Current Status

    Six states currently have Legislative Councils- UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.

    Previously existed in Tamil Nadu, West Bengal, Punjab, J&K but later abolished.

    Working and Role

    Deliberative Function- Reviews legislation. Eg- Andhra Pradesh Council played a pivotal role in the Land Titling Bill (2023).

    Representative Function- Includes teachers, graduates, and professionals – ensuring diversity in law-making.

    Check on Hasty Legislation- Provides a “cooling chamber” function to prevent rushed or populist law-making by the Assembly.

    Continuity- Being a permanent house, ensures governance continuity even when the Assembly dissolves.

    Serves as a forum for experienced legislators and experts to contribute to policymaking, even if not elected directly.

    Challenges

    Limited Powers- Can delay ordinary bills for 4 months and money bills for 14 days, but cannot veto.

    Political Patronage- Used to accommodate defeated leaders.

    Low Productivity- Weak participation and debate quality in several states.

    Financial Burden- Maintenance cost often exceeds functional utility.

    Unequal Representation- Teacher and graduate constituencies have low turnout and poor inclusivity.

    Way Forward

    Reform Composition- Include women, professionals, civil society members.

    Define Role Clearly- Give Councils specific review and policy oversight functions.

    Regular Evaluation- Periodic performance audits to justify continuance.

    Curb Political Misuse- Transparent nomination and election process.

    Legislative Councils reflect India’s deliberative democratic ethos. With reforms, they can evolve from political parking spaces into effective revisory institutions upholding constitutionalism.

    Judiciary

  • 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.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. The DRSCs, introduced in 1993, are vital to ensure continuous and informed Parliamentary control over executive.

    Composition

    Total 24 DRSCs- 16 under LS and 8 under RS.

    31 Members – 21 from Lok Sabha and 10 from Rajya Sabha

    Chairperson- Appointed by the Speaker of the Lok Sabha

    Tenure- nominated annually

    Role and Contribution of DRSCs

    Detailed Legislative Scrutiny – examine Bills clause by clause, preventing hasty or poorly drafted laws. Eg The IT Committee (2019) proposed key revisions to the Personal Data Protection Bill.

    Financial Oversight – scrutinise Demands for Grants and expenditure trends of ministries, ensuring fiscal prudence.

    Policy Review and Evaluation – Assess the performance of ministries and flagship schemes, suggesting reforms for better outcomes.

    Expert Consultation – Invite domain experts, civil society, and industry to facilitate evidence-based policymaking.

    Non-Partisan Deliberation – Function as bipartisan forums that foster cooperation beyond party lines.

    Continuous Oversight – Operate throughout the year, ensuring sustained monitoring even when Parliament is not in session.

    Transparency and Accountability – Their reports promote executive accountability and strengthen parliamentary control over administration.

    Knowledge Enhancement – Equip MPs with technical and subject expertise, improving legislative quality and policy insight.

    Issues-

    Transparency Concerns- Meetings held behind closed doors, with no published minutes.

    Non-binding Recommendations allow bypassing of detailed bill scrutiny.

    Limited Research Support limits committee’s ability to conduct thorough analysis and research.

    Selective Referral of Bills- During the term of 17th Lok Sabha, 19% of reports by DRSCs were on subjects other than Bills and budgets.

    One-year tenure provides limited time for members to specialize in specific areas, impacting scrutiny depth.

    Weak attendance of MPs and handling multiple ministries burdens the committee, hindering effective scrutiny and functioning.

    Way Forward-

    The National Commission to Review the Working of the Constitution (2002) recommended providing dedicated research support to committees.

    Establish a dedicated research cell for each DRSC, similar to the Congressional Research Service (CRS) in the US.

    Mandatory Response from Government within a fixed timeline (e.g., 3 months) to DRSC recommendations.

    Ensure Transparency- A “Committee Action Report” should be tabled in Parliament detailing the status of recommendations.

    The DRSCs remain crucial instruments of accountability, ensuring executive discipline and informed lawmaking.

  • “Pressure groups play a vital role in influencing public policy making in India.” Explain how the business associations contribute to public policies.

    Pressure groups are organized associations that seek to influence government policies without contesting elections. Samuel H. Finer calls them “Invisible empires”

    Vital Role of Pressure Groups

    Agents of Political Modernization and Socialization

    Interest Articulation – Eg- Farmer Unions

    Facilitates Social Progress – Eg- Eg- NAZ Foundation’s fight against Section 377.

    Enables Constructive Participation (‘safety-valve’ outlet)

    Future political leadership – Eg- Arvind Kejriwal (earlier part of IAC campaign)

    Role of Business Associations in Public Policies

    Policy Advocacy and Lobbying- Eg- ASSOCHAM lobbied for GST simplification and corporate tax reduction (2019).

    Research Support – Provide expert input, data, and feedback. Eg- pre-budget consultations with CII and FICCI

    Act as implementing partners for national missions. Eg- CII-NSDC collaboration under Skill India Mission.

    International Economic Diplomacy – Facilitate trade forums, business summits, and global investor meets. Eg- opposition to RCEP

    Legal and Regulatory Influence – Push for ease of compliance and regulatory clarity. Eg- ASSOCHAM provided feedback for Companies (Amendment) Act, 2020.

    Promoting Responsible and Inclusive Growth through CSR and ESG norms.

    Provide a platform for consultations for key issues like industrial revolution 4.0 etc.

    Challenges

    Elite Bias – limited representation for MSMEs, startups, and informal sector.

    Fragmentation due to multiple bodies (CII, FICCI, ASSOCHAM, NASSCOM) lead to overlapping agendas and diluted influence.

    Regulatory Capture – Eg- Corporate-Politicians-Bureaucracy nexus (Vohra committee)

    Poor Regulation and Secrecy lead to corruption and crony capitalism.

    Way Forward

    “Lobbying Regulation Act” similar to the USA

    Financial Transparency in Functioning

    For Viksit Bharat @2047 business associations must move from protest-based mobilization to knowledge-based engagement with the state.

  • To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?

    The Parliament of India is the supreme instrument of democratic accountability. Under Article 75(3) of the Constitution, the Council of Ministers is collectively responsible to the Lok Sabha

    Parliament ensuring accountability of the executive

    Question Hour – Enables MPs to question ministers and expose administrative lapses

    Zero Hour – Allows MPs to raise urgent matters of public importance without prior notice.

    Adjournment and Censure Motions – Hold the executive accountable on specific issues of public or national concern.

    No-Confidence Motion – Tests the majority support of the government and can lead to its fall if lost.

    Budgetary Control (Articles 112-114) – power of the purse by approving or rejecting demands for grants.

    Cut Motions to reduce or disapprove government expenditure, signalling disapproval of policy.

    Parliamentary Committees

    Public Accounts Committee (PAC) – Examines CAG reports and ensures post-audit accountability (e.g., 2G and coal scam scrutiny).

    Estimates Committee – Evaluates government expenditure efficiency.

    DRSCs) in-depth scrutiny of ministries.

    Joint Parliamentary Committees (JPCs) – Eg- Waqf Amendment Bill

    Parliamentary Privileges – Allow MPs to speak freely and fearlessly, enhancing deliberative accountability.

    Issues with parliamentary form of government

    Decline in the number of sittings- The 17th Lok Sabha sat for only 55 days

    Frequent Disruptions and Adjournments due to protests and unruly behavior, leading to wasted time and resources.

    Low Productivity- Eg- the 2023 winter session saw significant disruptions, resulting in the suspension of over 140 MPs and hindering legislative business.

    Inadequate Discussion- 58% of the Bills were passed within two weeks of their introduction in 17th LS. Eg- J&K Reorganisation Bill, 2019, and the Women’s Reservation Bill, 2023 were passed within two days

    About 31% of the total functioning time in Lok Sabha, and 32% in Rajya Sabha was spent on discussions other than legislation and budgets. Eg- President’s Address to Parliament, matters of public importance, and trust votes.

    Between 2019 and 2023, about 80% of the Budget was passed without discussion, and in 2023, the entire Budget was approved without debate.

    Rise Legislation through Ordinances bypassing the usual legislative process.

    Along with ‘maximum governance, there needs to be ‘maximum accountability’, which must start with an empowered and effective Parliament.

  • ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (150 words)

    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy.

    As per George Grote, it involves

    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.

    Essential Facets and Roots within the Constitution

    Preamble – It acts as the moral compass, explicitly mandating the preservation of justice, liberty, equality, and fraternity.

    Fundamental Rights – Protect dignity, autonomy, equality. Eg – Navtej Johar (2018) decriminalised homosexuality.

    DPSPs – Provide moral compass for social and economic justice.

    Institutional Checks & Balances – Separation of powers, judicial review, federalism. Eg – Kesavananda Bharati (1973) upheld Basic Structure.

    Democratic Processes – Free elections, executive accountability, judicial independence.

    Judicial Decisions

    Kesavananda Bharati (1973)- Upheld Basic Structure as a reflection of constitutional morality above political majority.

    Naz Foundation (2009, Delhi HC)- Asserted constitutional morality over public morality in striking down Sec. 377 IPC (later affirmed in Navtej Johar).

    Navtej Singh Johar (2018)- SC decriminalized homosexuality, stating constitutional morality must prevail over majority opinion.

    Sabarimala case (2018)- Affirmed women’s entry in temples on grounds of constitutional morality and gender equality.

    Government of NCT of Delhi v. Union of India (2018) – SC held that constitutional morality ensures cooperative federalism and prevents concentration of power in the hands of one authority.

    Joseph Shine v. Union of India (2018) – struck down Section 497 IPC (Adultery) as discriminatory, invoking constitutional morality to protect individual dignity and autonomy.

    Constitutional morality is the soul of Indian democracy. As Rajeev Bhargava notes, it embodies a form of constitutional patriotism that enables unity in diversity while upholding pluralism

  • Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

    “Indian Judiciary is not only guardian of the Constitution but also Active Participants in the Social Revolution.” – J.L. Nehru. Greater women representation in the judiciary is essential for this vision.

    Desirability of Greater Representation

    Constitutional Imperative – Fulfils Articles 14, 15(3), and 39A, ensuring equal opportunity and access to justice for all.

    Corrects Historical Imbalance- Addresses structural and institutional barriers in legal and judicial careers.

    Diversity of Perspective – Women judges bring unique social insights, empathy, and lived experiences, enriching judicial reasoning and deliberation.

    Gender-Sensitive Adjudication – Enhances sensitivity in matters of sexual violence, family law, and gender rights. Eg- Justice Indu Malhotra’s dissent in Sabarimala (2018).

    Enhances Legitimacy and Public Trust – A judiciary reflective of society’s diversity strengthens citizen confidence in judicial impartiality.

    Democratization of Judiciary – Promotes inclusive representation across gender, class, and region, aligning with democratic ideals.

    Global Democratic Benchmark – Countries like Canada and the UK have achieved near gender parity, improving judicial balance and inclusivity.

    Role-Model Effect – Inspires women in the legal profession, helping address underrepresentation in senior judicial positions.

    “There is no better test of the excellence of government than the working of its judicial system.” – Lord Bryce. The true measure of that excellence lies in Gender Equality in Judiciary.

  • How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position?

    The Constitution of India envisages the Finance Commission under Article 280 as the ‘balancing wheel of fiscal federalism’ in India.

    Key Recommendations & Impact

    Tax Devolution Raised to 42% – Increased untied resources, enhanced fiscal autonomy.

    Reduced Dependence on Central Grants – Gave States more predictable, formula-based transfers.

    Greater Spending Autonomy – Fewer tied schemes allowed States to set local priorities.

    Plan vs Non-Plan Expenditure removed – Simplified budgeting, better fiscal management.

    Incentives for Fiscal Discipline – FRBM compliance encouraged prudent debt management.

    Support to Local Bodies – Higher allocations improved grassroots fiscal health.

    Special Grants for Environment & Judiciary – Helped States strengthen governance and green initiatives.

    GST Compensation Mechanism (recommended later) – Protected States from revenue loss during tax transition.

    Positive Impact

    Strengthened fiscal federalism

    Improved fiscal indicators of states

    Encouraged competitive federalism

    Concerns

    Rise in Cesses & Surcharges – Cesses & surcharges rising from 12.8% (2015-20) to 18.5% (2020-24).

    States’ effective share shrank – Fell from 35% (2015-20) to ~31% (2020-24) of Centre’s gross tax revenue.

    GST Compensation Delays – Especially during COVID, strained States’ finances.

    Reduced Central Grants – Decline in discretionary and plan-based transfers cut flexibility.

    Borrowing Restrictions (Art. 293, FRBM) – Limited States’ ability to raise resources.

    High Centrally Sponsored Schemes (CSS) – Continued tied funds reduced States’ expenditure autonomy.

    Way Forward

    Increase Devolution to 50% under 16th FC.

    Include Cess/Surcharge in divisible pool

    Restructure CSS – Consolidate into fewer umbrella schemes

    As the Punchhi Commission noted, “true federalism requires fiscal autonomy alongside political autonomy.”

  • Critically examine the procedures through which the Presidents of India and France are elected.

    The President of India serves as the constitutional head of the State and the symbol of national unity within a parliamentary democracy.
    The President of France, under the Fifth Republic (1958), is both the head of State and a key executive authority in a semi-presidential system, sharing power with the Prime Minister.
    Their election procedures reflect the differing nature of their political systems.

    Procedure for Election of the President of India

    Constitutional Basis: Articles 54 of the Constitution.

    Electoral College:

    Elected members of Parliament (Lok Sabha and Rajya Sabha).

    Elected members of State Legislative Assemblies (including Delhi and Puducherry).

    Voting System:

    Proportional representation by single transferable vote (STV) and secret ballot (Article 55).

    Vote value of MLAs and MPs ensures federal balance.

    Eligibility: Indian citizen, 35 years or above, qualified for Lok Sabha membership.

    Term: Five years, eligible for re-election.

    Significance

    Indirect election is relevant as president is nominal head

    Federal Balance maintained

    Only elected members participate in elections

    Procedure for Election of the President of France

    Constitutional Basis: Article 6 of the French Constitution (1958).

    Mode: Direct universal suffrage since 1962, following de Gaulle’s reform.

    Voting System: Two-round majority system: A candidate must secure 50%+ votes in the first round; otherwise, a runoff between top two in the second round.

    Term: Five years (reduced from seven in 2000).

    Eligibility: French citizen, 18 years or above, meeting civic and nomination requirements.

    Significance

    Accountability – Direct election is in line with executive powers of president

    President enjoys absolute majority

    Stability due to security of tenure

    Criticism of Procedure for Election of the President of India

    Indirect election limits popular legitimacy.

    Value of votes of state legislators differs as it is based on population

    Symbolic authority-President’s office often reduced to formality under parliamentary control.

    Criticism of Procedure for Election of the President of France

    Personality-based campaigns overshadow policy debates.

    Cohabitation risk-President and Prime Minister from different parties may create policy deadlock.

    Over-centralization of power in the executive, especially under strong presidents.

    The Indian procedure ensures federal balance and political neutrality through indirect election, while the French model ensures democratic legitimacy through direct popular choice.