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Subject: Polity

  • “The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment.

    The Comptroller and Auditor General of India (CAG), established under Article 148 of the Constitution, is the guardian of the public purse.
    While legality focuses on whether expenditure is made according to law, propriety examines whether such expenditure is justified, prudent, and in the public interest.

    Ensuring Legality of Expenditure

    Ensures all expenditures are authorized by Parliament or State Legislature through Appropriation Acts.

    Verifies that funds are drawn from the Consolidated Fund only under proper sanction.

    Checks compliance with financial rules, codes, and delegated authorities.

    Prevents unauthorized re-appropriation or excess expenditure beyond approved limits.

    Eg- CAG’s audit of defence expenditure.

    Ensuring Propriety of Expenditure

    Examines whether expenditure is necessary, justifiable, and in the public interest – Ensures Responsible Use of Public Funds

    Prevents Misuse – Evaluates waste, extravagance, or favouritism even if legally permissible.

    Strengthens spirit of financial responsibility – Questions whether spending ensures value for money and meets ethical standards of governance.

    Promotes a culture of fiscal morality and prudence in the use of public funds.

    Strengthens Parliamentary Control and oversight with insights on ethical and prudent financial management

    Examples of Propriety Concerns Highlighted by CAG

    2G Spectrum Allocation (2010)

    Commonwealth Games (2010)

    Coal Block Allocations (2012)- Identified procedural irregularities and favoritism

    “The CAG is the conscience-keeper of public finance, ensuring not only lawful but also wise spending.” – 2nd ARC

  • What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening federalism.

    As per Granville Austin, India is a “cooperative federalism” model, where Centre and States are bound in a “seamless web” to achieve socio-economic revolution. The recent changes highlight the spirit of ‘competitive-cooperative federalism’.

    Recent Changes in Centre-State Relations

    Legislative

    Farm Acts, 2020 – Parliament legislated in agriculture (State subject) under Concurrent List.

    GNCTD (Amendment) Act, 2021 – Enhanced LG’s powers in Delhi.

    All India Services rules amendment – Greater Centre control over deputation/discipline.

    Executive / Institutional

    Governor-State tensions – Delayed assent to bills (TN, Kerala, WB).

    Pandemic handling – Centralised lockdown and restrictions.

    Revival of Inter-State Council

    NITI Aayog – Replaced Planning Commission

    Financial

    15th Finance Commission – New devolution formula using 2011 census and performance criteria.

    GST Council – Extended GST compensation cess.

    Rise in cess & surcharges – increased from 10.4% in 2011-12 to 20% in 2021-22.

    Conditional borrowing – Linked to reforms under FRBM/Art. 293.

    Issues in Centre-State Relations

    Financial Issues

    Cesses & surcharges not shared with States.

    Special category status demand – Bihar, Andhra Pradesh.

    Finance Commission TOR – (e.g., use of 2011 Census penalising southern States).

    GST regime – Delayed compensation, reduced fiscal autonomy.

    Administrative Issues

    Governor’s appointment & dismissal (Art. 156) – Often politically motivated

    Control over All India Services

    Central agencies’ overreach – CBI, ED, NIA operating in States without consent.

    Legislative Issues

    Encroachment on State List – use of Epidemic Diseases Act, 1897 and Disaster Management Act, 2005 in public health (a State subject).

    Measures to Build Trust & Strengthen Federalism

    Sarkaria Commission (1983-88)

    Inter-State Council (Art. 263) to be activated as a permanent forum for consultation.

    Governor’s role – should be impartial; appointment in consultation with CM.

    Centre’s use of Art. 356 – to be a measure of last resort.

    All India Services – joint consultation in rules of recruitment, posting, and deputation.

    Punchhi Commission (2007-10)

    Clear guidelines for Governor’s office – fixed tenure, limited discretion, no arbitrary withholding of assent to bills.

    Concurrent List – reduce overlap by greater consultation before Union laws are enacted.

    National Commission to Review the Working of the Constitution (NCRWC, 2000)

    Decentralisation – strengthen local bodies and fiscal devolution.

    Inter-Governmental Forums – regular meetings between PM and CMs to resolve disputes.

    Second Administrative Reforms Commission (2nd ARC, 2005-09)

    Neutral federal institutions – e.g., CBI under Lokpal for credibility, not political misuse.

    Fiscal federalism – ensure predictability in devolution; reduce tied grants in Centrally Sponsored Schemes.

    Finance Commission Recommendations

    Suggested GST Council as a true federal forum for resolving fiscal disputes.

    “Federalism is not a monolith; it is a dialogue between self-rule and shared rule.” Thus, such Acts must be exercised with consultation and cooperation.

  • Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.

    “Privacy is the constitutional core of human dignity.” – Justice D.Y. Chandrachud

    The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) declared that Right to Privacy is intrinsic to Right to Life and Personal Liberty under Article 21.

    Scope of Right to Privacy (post-Puttaswamy)

    Informational Privacy – Protection of personal data, Aadhaar details, medical records, online footprints.

    Decisional Autonomy – Eg- Navtej Singh Johar (2018) decriminalised same-sex relations.

    Bodily Integrity – Eg- Suchita Srivastava v. Chandigarh Administration (2009) recognised reproductive choice.

    Family, Marriage & Relationships – Eg- Shafin Jahan v. Asokan (2018, Hadiya case) upheld interfaith marriage choice.

    Reproductive Rights – Eg- in X v. Principal Secretary, Health case (2022), SC allowed abortion for unmarried women under MTP Act.

    Digital Privacy – Protection against surveillance, right to internet access, and data protection in cyberspace. Eg- Aadhar Judgment

    However, Privacy is not absolute and subject to Reasonable Restrictions

    Test of Proportionality – Puttaswamy (2017) –

    Legality – sanctioned by law, with a just, fair, and reasonable procedure.

    Legitimate Aim – e.g., national security, public health.

    Proportionality – The nature, method, and extent of interference must be proportionate to the purpose sought.

    Arguments in Favour of DNA Testing

    Truth and Justice – Ensures scientific accuracy in resolving paternity disputes. Eg – Goutam Kundu v. State of West Bengal (1993) allowed DNA in exceptional cases.

    Child’s Right to Identity – Establishing paternity secures child’s dignity and identity under Article 21.

    Preventing Fraud – Avoids false claims in inheritance, custody, or maintenance disputes.

    Criminal Justice Support – DNA helps in rape and assault cases, strengthening convictions.

    International Standards – Aligns with UNCRC’s recognition of a child’s right to know parents.

    Arguments Against DNA Testing

    Privacy of Parents – Supreme Court in 2025 held that DNA cannot be used for “roving inquiries into paternity.”

    Right to Dignity – Privacy includes the right to be left alone; forceful DNA tests intrude into intimate decisions

    Genetic information = core privacy – DNA reveals “a person’s very essence” and is part of the fundamental right to privacy under Article 21.

    Potential Misuse – DNA demands in marital disputes may be used to harass women and allege infidelity.

    Mother’s dignity – Forced DNA tests also harm the reputation and dignity of mothers, by casting aspersions on fidelity.

    Presumption of Legitimacy – Section 112, Indian Evidence Act presumes legitimacy of child born in wedlock.

    Child’s dignity – Children cannot be treated as material objects in divorce battles; they have a right not to have their legitimacy frivolously questioned.

    UN Convention on Rights of the Child – Recognises privacy, autonomy and identity as core entitlements of children.

    Thus, the doctrine of ‘Eminent Need’ and ‘Last resort’ (Family courts should order DNA tests only in rare, expedient cases) is essential to balance a child’s right to identity with parents’ dignity and privacy.

  • Analyse the role of local bodies in providing good governance at local level and bring out the pros and cons merging the rural local bodies with the urban local bodies.

    73rd and 74th CAA are the embodiment of grass-root democracy and democratic decentralization in India. They are inspired by Gandhiji’s concept of “Oceanic Circles of Power” and “Swaraj”.

    Role of Local Bodies in Ensuring Good Governance

    Citizen Participation in planning and decision-making through Gram Sabhas and Ward Committees. Eg- Kerala’s people plan campaign

    Transparency- Eg- Social audits under MGNREGA enhance transparency in fund utilization.

    Accountability- Elected representatives are directly answerable to citizens.

    Effectiveness and Efficiency- Proximity to citizens allows timely service delivery in areas like sanitation, water supply, and waste management.

    Equity and Inclusion through reservation for SCs, STs, OBCs, and women. Eg- Women’s Representation at 46.44%

    Responsiveness during Disasters. Eg- COVID-19 management and disaster relief in Kerala.

    Rule of Law- Local bodies function under constitutional and legal mandates of the 73rd and 74th Amendments, ensuring lawful governance.

    Consensus-Oriented Governance- Gram Sabhas and District Planning Committees promote coordination and collective decision-making.

    Sustainability- service delivery in waste recycling and water conservation. Eg- Hiware Bazar Model of watershed development.

    Challenges

    “PRIs exist as over-structured but underpowered organisations.” (2nd ARC)

    No decentralisation of power, rather decentralisation of corruption – Mani Shankar Iyer Committee

    Limited own-source revenue- Poor tax collection efficiency (>1% own tax).

    Incomplete devolution- less than 20% of States have transferred all 29 subjects under 11th Schedule (MoPR, 2022). (​​overall Panchayat Devolution Index is only 43.89% (2021-22))

    Weak Gram Sabhas- Low participation, elite domination, and token meetings.

    Gender and social barriers leading to proxy control. (Sarpanch Pati)

    Pros of Merging Rural and Urban Local Bodies

    Integrated Regional Planning – Addresses rurban challenges and ensures seamless infrastructure and service delivery.

    Uniform Standards of Governance – Streamlines policies, taxation, and land-use planning.

    Efficient Resource Utilization – Shared funding and manpower reduce duplication.

    Better Management of Peri-Urban Areas – Urban expansion can be better planned and regulated.

    Cons of Merging Rural and Urban Local Bodies

    Dilution of Constitutional Intent under 73rd and 74th Amendments.

    Political Resistance – Power redistribution may face bureaucratic and political opposition.

    Administrative Complexity due to different laws, tax systems, and governance mechanisms.

    Urban areas may dominate resource allocation and decision-making.

    Local bodies are the cornerstones of participatory democracy and good governance. A functional convergence, not structural merger, aligns better with India’s constitutional vision of decentralization.

  • “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.

    The Cabinet system, a legacy of the British parliamentary model, is based on the principle of collective responsibility of the executive to the Legislature. However, the growth of the Cabinet system has concentrated power in the hands of the Prime Minister and Council of Ministers.

    Cabinet System Marginalising Parliamentary Supremacy

    Party Whip curtails independence of MPs, limiting free deliberation.

    Ordinance Power (Articles 123 & 213) bypasses legislative scrutiny.

    Prime Ministerial Supremacy due to centralisation of authority in PMO.

    Decline of Private Members’ Bills – The last such Bill was passed in 1970.

    Weak Legislative Scrutiny – Increasing absenteeism, fewer sittings, and guillotining of Demands for Grants.

    Decline of parliamentary Committees have weakened executive accountability.

    Coalition Politics results in bargaining politics instead of genuine legislative oversight.

    However, parliamentary control over executive can also be seen

    Executive Accountability – collective responsibility to Parliament under Article 75(3).

    Financial Oversight – Finance committees scrutinise government expenditure. Eg- PAC review of GST framework

    Budgetary Control (Art. 112) through Demands for Grants, and Appropriation Acts.

    Opposition’s Role – Eg- Farm Laws withdrawal.

    Role in Foreign Policy – Eg- debate on Civil Nuclear Deal with the US.

    Way Forward

    Publish Annual Parliamentary Calendar (NCRWC)

    Adopt Shadow Cabinet Model of UK, to institutionalise constructive opposition oversight.

    Allocate fixed time for Private Members’ Bills and Questions.

    Mandatory referral of Bill to Committees (UK system)

    “Parliament is the keystone of the democratic arch.” – Harold Laski

    For a resilient democracy, Parliament must function as the centre of deliberation and control, not as a department of the executive.

  • Examine the evolving pattern of Centre-State financial relations in the context of planned development in India. How far have the recent reforms impacted the fiscal federalism in India?

    Fiscal federalism refers to the financial relations between centre and states, covering the division of taxation powers, expenditure responsibilities, and transfer mechanisms. Article 268 – 293 deal with Fiscal Federalism in India.

    Evolving Pattern of Centre-State Financial Relations in Planned Development

    1950-1990- Centralised Planning Era

    The Planning Commission controlled transfers through discretionary plan grants.

    The Finance Commission played a limited role in fiscal transfers.

    The Centre shaped State priorities through proliferation of CSS.

    1991-2014- Reform & Decentralisation Phase

    Economic liberalisation gave States more fiscal autonomy in revenue and expenditure.

    Introduction of VAT (2005) boosted State revenues through a buoyant tax base.

    CSS were rationalised but tied funds still constrained State flexibility.

    2015 onwards- New Federalism Phase

    The 14th Finance Commission raised devolution to 42%, enhancing fiscal space for States.

    NITI Aayog replaced the Planning Commission and adopted a consultative approach.

    GST (2017) introduced pooled sovereignty and created a shared tax regime.

    The 15th Finance Commission continued 41% devolution but increased performance-linked grants.

    Impact of Recent Reforms on Fiscal Federalism

    Positive Impacts

    Institutionalised Cooperative Federalism – GST Council as joint decision-making forum.

    Economic Efficiency – GST reduced cascading taxes, transport time cut by 33%, tax base expanded from 66 lakh (2017) to 1.5 crore+ (2024), collections near .

    Strengthened Development Role – States’ developmental expenditure rose from 8.8% of GDP (2004-05) to 12.5% (2021-22).

    Negative Impacts

    The Centre retains major taxation powers (income tax, CGST, natural resources), while States restricted to SGST.

    Cesses & surcharges grew, shrinking States’ effective share from 35% (2015-20) to ~31% (2020-24).

    Delayed GST compensation, especially during COVID, undermined States’ trust.

    Borrowing capped at 3% of GSDP, with enhanced limits tied to reform conditions (e.g., power sector).

    The 15th FC’s 45% income distance weight penalised better-performing States (TN, Kerala, Karnataka).

    Grants-in-aid declined from to , reducing States’ fiscal flexibility.

    CSS burden increased as States finance a larger share but have little role in design.

    Way Forward

    Equity in devolution – Use HDI as a parameter in horizontal tax distribution.

    Off-budget borrowings – Scrutinise and report to ensure transparency and accountability.

    Horizontal imbalance – Guarantee minimum share for rich States and set a ceiling for poorer States.

    Increase Devolution to 50% under 16th FC.

    Include Cess/Surcharge in divisible pool

    Restructure CSS – Consolidate into fewer umbrella schemes

    For India’s fiscal federalism to be effective, it must rest on the principles of autonomy, adequacy, and elasticity.

  • Compare and contrast the President’s power to pardon in India and in the USA. Are there any limits to it in both the countries? What are ‘preemptive pardons’?

    The power to pardon is an essential sovereign function, allowing the Head of State to grant clemency and show mercy, in the interest of justice, humanity, or public welfare.

    Difference

    However, there are a few similarities

    Preemptive Pardons

    Pardons granted before conviction or even before formal charges are filed, protecting from future prosecution.

    Eg- President Gerald Ford’s 1974 pardon of Richard Nixon in the Watergate scandal.

    While the power to pardon is vital as a safety valve of justice, it must be exercised with restraint, transparency, and caution.

  • Comment on the need for administrative tribunals as compared to the court system. Assess the impact of the recent tribal reforms through rationalisation of tribunals made in 2021.

    The 42nd Constitutional Amendment (1976) inserted Article 323A & 323B, enabling the establishment of administrative tribunals.

    Need of Administrative Tribunals

    Specialized Expertise – Handle technical issues in areas like taxation, environment, telecom, competition, service matters requiring domain knowledge. Eg- National Green Tribunal (NGT) combines legal and scientific expertise.

    Speedy Justice – Simplified procedures ensure faster disposal compared to lengthy court litigation. Eg- Central Administrative Tribunal (CAT) resolves service disputes faster than High Courts.

    Reducing Burden on Courts – By transferring specialized disputes, tribunals ease the case load of High Courts and Supreme Court.

    Cost-effective and Accessible – Flexible procedures and lower costs improve access to justice, especially for citizens and government employees.

    Quasi-Judicial Role – Act as a bridge between executive actions and judicial review, combining policy interpretation with dispute resolution. Eg- Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

    Consistency and Uniformity – Ensure predictable and uniform rulings in specialized sectors. Eg- Securities Appellate Tribunal (SAT) promotes consistency in investor protection cases.

    Citizen-Centric Justice – Designed to make justice less formal, quicker, and more stakeholder-friendly in sensitive domains.

    Tribunal Reforms Act, 2021

    Provisions

    Abolition/Merger of Tribunals– Transferred functions of several appellate tribunals (e.g., Film Certification Appellate Tribunal, Airport Appellate Tribunal) to High Courts.

    Appointment and Tenure– Members appointed by the government from panels prepared by a selection committee; tenure fixed at 4 years with maximum age of 50 years (Chairperson) and 67 years (others).

    Rationalization Objective– Reduce multiplicity of tribunals, improve efficiency, and strengthen judicial oversight.

    Positive Impacts

    Rationalization of Tribunals – Abolition/merger of smaller tribunals avoided fragmentation and duplication. Eg- Film Certification Appellate Tribunal’s functions shifted to High Courts.

    Judicial Oversight Strengthened – Transfer of jurisdiction back to High Courts and Supreme Court enhances consistency of judgments and constitutional accountability.

    Resource Optimization – Reduced expenditure on maintaining multiple tribunals with low caseloads.

    Efficiency in Case Management – Consolidation brought clarity in jurisdiction and procedures, reducing confusion among litigants.

    Concerns and Challenges

    Increased Burden on High Courts – High Courts already face 60+ lakh pending cases (2023); transfer of tribunal matters may worsen delays.

    Loss of Specialized Expertise – High Courts may lack technical knowledge in fields like environment, telecom, or competition law, undermining quality of justice.

    Access to Justice Issues – Litigants in remote areas lose proximity of tribunals; approaching High Courts can be costly and time-consuming.

    Independence Questioned – Provisions on short tenure (4 years) and government dominance in appointments raised concerns, criticized in Madras Bar Association v. Union of India (2021).

    Dilution of Objective – The original vision of tribunals under 42nd Constitutional Amendment (Articles 323A & 323B) was to provide specialized, speedy justice-this stands weakened.

    Way Forward

    Retain Domain Expertise – Where technical issues dominate (like NGT, TDSAT, SAT), maintain specialized tribunals instead of shifting cases to High Courts.

    Capacity Building of High Courts – Provide technical benches, expert advisors, digital case management to handle transferred tribunal functions effectively.

    Accessibility for Citizens – Establish regional benches and adopt e-filing, virtual hearings to reduce distance and costs for litigants.

    Periodic Review of Tribunal Performance – Independent audits to assess caseload, efficiency, pendency reduction, and decide which tribunals to retain/merge.

    Harmonization of Laws – Avoid overlapping jurisdiction by clear statutory allocation of cases between tribunals and courts.

    Tribunal reforms must balance judicial efficiency with specialized expertise and independence, ensuring tribunals remain accessible, credible, and effective instruments of justice.

    Local Government

  • 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