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Subject: Polity

  • Discuss the role of Public Accounts Committee in establishing accountability of the government to the people.

  • Assess the importance of Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects.

    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”.

    Importance of PRIs

    Rajni Kothari – Described local bodies as “schools of democracy” where political awareness and participation are cultivated at the grassroots level.

    Democratic Decentralization – Eg- Kerala’s People’s Plan Campaign grants local bodies control over 40% of the state’s plan budget.

    Capacity Building– Training programs for PRI members. Eg- e-Panchayat initiative

    Efficient Local Service Delivery- Addresses local needs in sanitation, drinking water, roads, housing, and education. Eg- Hiware Bazar Model of watershed development.

    Transparency– Direct accountability to local constituents. Eg- Rajasthan’s Social Audit Mechanism

    Implementation of Schemes, ensuring that benefits reach the grassroots. Eg- MGNREGA.

    Financial Autonomy– PRIs have the power to levy taxes and mobilize resources, which helps them fund and manage local development projects.

    Conflict Resolution- Reports indicate a 30% reduction in petty disputes reaching district courts due to effective Panchayat mediation.

    Inclusivity– Reserving seats for women, Scheduled Castes, and Scheduled Tribes. Eg- Women’s Representation at 46.44%

    Challenges

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

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

    Dependence on higher tiers- Around 95% of Panchayat funds come from Central/State transfers, limiting fiscal autonomy.

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

    Barriers to Local Taxation- Freebie culture and fear of losing popularity discourage local taxation.

    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))

    Centralised Welfare via Cash Transfers – The welfare state now relies on DBT through JAM, bypassing panchayats and reducing local accountability and participatory governance

    Shortage of staff- Average 0.67 Panchayat Secretaries per Gram Panchayat, as low as 0.33 in Uttar Pradesh.

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

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

    Alternate Sources of Panchayat Financing (Beyond Government Grants)

    Own Tax Revenues- Property/House tax, Profession tax, Market fees, and Entertainment tax.

    Non-Tax Revenues- Rent from panchayat buildings, water usage fees, license fees, and user charges for services.

    Public-Private Partnerships (PPPs) for solid waste management, renewable energy, or tourism projects. Eg- waste-to-energy projects.

    Community Contributions- Voluntary labor (Shramdaan), local donations, and community funds for infrastructure.

    Borrowings and Bonds- Soft loans from NABARD and Rural Infrastructure Development Fund (RIDF) for rural projects.

    Corporate Social Responsibility (CSR)- Eg- Tata Steel CSR projects in Jharkhand villages for drinking water and sanitation.

    Using funds from MGNREGA, 15th FC grants for rural infrastructure development.

    Way Forward

    Strengthen State Finance Commissions (SFCs) with mandatory action on their recommendations.

    Manishankar Aiyar Committee recommendations – Adopt activity mapping for clear delineation of 3Fs – Funds, Functions, Functionaries.

    Flexible Funding Norms under CSS

    To realise the vision of “Gram Uday se Bharat Uday”, India needs second-generation Panchayati Raj reforms

  • Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.

    The governance of Delhi has remained contentious due to its special constitutional status under Article 239AA. The Supreme Court’s July 2018 Constitution Bench judgment in Government of NCT of Delhi v. Union of India sought to clarify the powers of the Lt. Governor (LG) vis-à-vis the elected government.

    Key Features of the 2018 Judgment

    Aid and Advice– LG is bound by the aid and advice of the Council of Ministers, except in matters of land, police, and public order.

    No Independent Power– LG cannot act independently; he is not an obstructionist authority.

    In case of conflict, LG should refer matter to President.

    SC concluded (following Balakrishnan Committee) that Delhi is not a state.

    Can the 2018 SC Judgment Settle the Tussle?

    Yes – Scope for Settlement

    Judicial clarity – LG bound by aid and advice except land, police, public order.

    Strengthens democracy – Elected govt. empowered.

    Curtails obstruction – LG cannot act independently or stall routine decisions.

    Constitutional morality – Promotes cooperative federalism, mutual trust.

    Checks arbitrariness – Limits misuse of “difference of opinion” clause.

    Encourages dialogue – Pushes for institutional maturity and coordination.

    No – Tussle Likely to Persist

    Ambiguity remains – Article 239AA(4) still allows LG to escalate disputes.

    Key exclusions – Land, police, public order under Centre control.

    Services issue – Left unresolved in 2018, led to fresh disputes till 2023.

    Party rivalry – Conflict driven by politics, not just legal text.

    Structural limits – Delhi lacks full statehood, unlike other states.

    Comparative experience – Capitals like Washington D.C. also face similar tussles.

    Way Forward

    Legislative clarity on Article 239AA to reduce ambiguity.

    Institutionalised cooperative mechanisms such as inter-governmental councils for Delhi.

    Judicial restraint and constitutional morality from all actors.

    Political maturity to balance Union concerns with the democratic mandate of Delhi’s citizens.

    “Federalism is not a monolith; it is a dialogue between self-rule and shared rule.” Both Union & States are creatures of the Constitution

  • India and USA are two large democracies. Examine the basic tenets on which the two political systems are based.

    The United States as the first republic and India as the mother of democracies share a common philosophical foundation of liberty, equality, and constitutionalism, expressed through distinct institutional frameworks.

    Similar Basic Tenets

    Constitutional Supremacy: Constitution is the supreme law governing all institutions.

    Popular Sovereignty: Political authority derives from “We, the People” in both systems.

    Rule of Law: Enforced through Article 14 (India) and Fifth Amendment (USA), ensuring equality before law and due process.

    Representative Democracy: Based on universal adult franchise and periodic elections.

    Separation of Powers: Distinct organs maintain balance-Articles 50, 53-74 (India) and Articles I-III (US Constitution).

    Judicial Independence: Judiciary acts as guardian of the Constitution with review powers.

    Fundamental Rights: Part III (Arts. 12-35) in India parallels the Bill of Rights (1791) in the USA protecting civil liberties.

    Differences in Political Systems

    The shared democratic ideals of both nations affirm universal constitutional principles, while their institutional differences reflect unique historical and socio-cultural contexts.

  • How is the Finance Commission of India constituted? What do you about the terms of reference of the recently constituted Finance Commission? Discuss.

    The Finance Commission of India (FC), established under Article 280 of the Constitution, is a quasi-judicial body. It plays a vital role in maintaining the fiscal federal balance envisioned by the Constitution.

    Constitution of the Finance Commission

    Constitutional Provision- As per Article 280(1), the President of India constitutes the Finance Commission every five years or earlier if necessary.

    Composition-

    Consists of a Chairperson and four other members, appointed by the President.

    Their qualifications and terms of service are determined by the Finance Commission (Miscellaneous Provisions) Act, 1951.

    Tenure- The Commission usually has a tenure of five years, extendable by Presidential order.

    Terms of Reference (ToR) of the Recently Constituted Finance Commission

    The 16th Finance Commission was constituted in December 2023, chaired by Dr. Arvind Panagariya.
    Its recommendations will apply for the period 2026-2031.

    Division of Tax Proceeds

    Recommend the distribution of net tax proceeds between the Union and the States under Chapter I, Part XII of the Constitution.

    Determine the allocation of shares among individual States from the total divisible pool of central taxes.

    Principles for Grants-in-Aid

    Lay down the principles governing grants-in-aid to States from the Consolidated Fund of India.

    Recommend the amounts to be provided to States as grants under Article 275, for purposes other than those specified in the provisos to clause (1).

    Enhancing State Funds for Local Bodies

    Suggest measures to increase the Consolidated Fund of States to supplement resources of Panchayats and Municipalities.

    Base these recommendations on the inputs of respective State Finance Commissions, ensuring fiscal strengthening of local governance.

    Evaluation of Disaster Management Financing

    Review existing funding mechanisms for Disaster Management, particularly those created under the Disaster Management Act, 2005.

    Recommend improvements in the structure, sharing pattern, and utilization of National and State Disaster Response Funds.

    Any Other Matters Referred by the President

    Examine and recommend on additional fiscal issues to ensure “sound finance,” including fiscal consolidation, resource augmentation, and expenditure efficiency.

    Challenges Ahead

    Data Gaps and Quality Issues- Relies on outdated and inconsistent official data, affecting fiscal assessments.

    Political Factors- Faces pressure to balance conflicting interests of Centre, States, and political stakeholders.

    Overlap with GST Council- GST decisions affect revenue flows and reduce FC’s fiscal autonomy.

    Limited Role in Local Governance- Depends on weak or irregular State Finance Commissions for data and recommendations.

    FCs have no enforcement power, as their recommendations are advisory in nature.

    Way Forward

    Ensuring state representation in decision making

    Permanence- Make FC a permanent body for continuous review and coordination. (Rajamannar Committee)

    Addressing Emerging Issues and Challenges – Factor in digital transformation and green financing for sustainable growth.

    Build data-driven analytical capacity with reliable and updated fiscal databases.

    The Finance Commission remains the keystone of India’s fiscal federalism, ensuring both equity and efficiency in resource distribution.

  • In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    In Abhiram Singh vs UoI, SC has held that elections are the biggest secular and democratic event. EVMs were introduced to improve transparency and efficiency of the electoral process.

    Challenges before the Election Commission of India (ECI)

    Technical and Operational Challenges

    Allegations of EVM tampering and demand for Postal Ballot system.

    EVMs are produced by PSU’s BEL and ECIL– concerns about source code security and potential government misuse.

    Large-scale deployment increases risk of technical failure, power supply issues, and storage vulnerability.

    Institutional and Procedural Challenges

    Political polarisation has led to accusations of bias against ECI decisions (timing of elections, model code enforcement).

    Lack of transparency- Limited access for political parties and civil society to audit or inspect EVM functioning.

    Opposition parties demand 100% VVPAT verification or return to ballot papers, which the ECI has resisted citing impracticality.

    Legal and Regulatory Challenges

    Use of EVMs is governed by Conduct of Elections Rules, 1961, not by a specific EVM legislation.

    Judicial scrutiny and legal disputes- Repeated petitions challenge credibility of EVMs and VVPAT counting procedures.

    Despite SC directives (2024) to improve VVPAT counting transparency and preserve paper trail records – compliance remains partial.

    Public Perception and Political Trust Deficit

    Decline in citizen confidence- Lack of understanding of EVM functioning leads to misinformation and conspiracy theories.

    Political blame culture- Losing parties often question EVM integrity, politicising the institution’s credibility.

    Social media misinformation- Viral false claims about EVM manipulation erode voter trust. Eg- “Black Box” Allegations (2024)

    ECI’s Stand

    EVMs are standalone, non-networked machines; cannot be hacked remotely.

    Rigorous mock polling, sealing, randomisation, and observer monitoring prevent manipulation.

    Technical Expert Committee (TEC) from IITs and DRDO regularly reviews EVM integrity.

    Way Forward

    Conduct independent third-party audits (IITs, NIC) of EVM software and random samples.

    VVPAT Verification – Increase sample size or audit entire constituency in disputed cases.

    Launch voter education campaigns explaining EVM and VVPAT mechanisms

    Enact a dedicated “Electronic Voting Regulation Act” ensuring independent oversight

    Free and fair elections are the cornerstone of democracy (Art. 324). Enhancing the transparency in use of EVM’s is thus essential.

  • Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force?

    The framers of the Indian Constitution, drawing from the experience of political and economic instability during colonial times, provided for Financial Emergency under Article 360.

    Circumstances for Proclamation

    The President may proclaim a Financial Emergency if he is satisfied that the financial stability or credit of India, or any part thereof, is threatened.

    Such a proclamation must be approved by both Houses of Parliament within 2 months (30 days if Lok Sabha is dissolved).

    Once approved, it remains in force until revoked by the President; no maximum time limit is prescribed.

    Consequences of Financial Emergency

    Union Control over State Finances – The Union can direct States to follow financial discipline and reduce expenditure.

    Reservation of Money Bills – All State Money Bills must be reserved for the President’s approval.

    Reduction of Salaries – The President may direct reduction in salaries and allowances of persons serving the Union or State, including judges of the Supreme Court and High Courts.

    Executive Directions – Union may issue binding directions to States regarding financial propriety.

    Centralisation of Fiscal Powers – Parliament acquires a dominant role in fiscal management, subordinating State autonomy.

    Though never invoked in India, the provision of Financial Emergency underscores the precautionary design of the Constitution.

  • Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy.

    Parliamentary committees

    Standing Committees – PAC, Estimate committee, Committee on public undertaking

    Ad-Hoc Committees – Eg- JPC

    Importance of Parliamentary Committees

    Checks and Balances – Eg- PAC examined CAG’s 2G spectrum report for irregularities.

    In-Depth Policy Analysis – Enable clause-by-clause scrutiny of Bills, which is not possible in open House debates. Eg- JPC on Data Protection Bill (2019) proposed over 90 amendments

    Reducing Legislative Workload – Committees share Parliament’s burden, ensuring thorough scrutiny without delaying legislation.

    Expert Consultation – Committees invite experts, industry, and civil society to promote evidence-based policymaking.

    Budgetary Oversight – Departmentally Related Standing Committees (DRSCs) analyse ministry budgets to ensure fiscal prudence.

    Consensus Building – Committees promote bipartisan dialogue, e.g., IT Committee built consensus on the Personal Data Protection Bill (2019).

    Public Engagement – Committees seek public and expert inputs, e.g., Standing Committee on Environment reviewed the EIA Draft Notification (2020).

    Continuity in Oversight – Committees function year-round, ensuring continuous policy review beyond parliamentary sessions.

    Bridging Knowledge Gaps – Committees enhance MPs’ expertise through research support and technical briefings.

    Role of the Estimates Committee

    Established under Rule 310 of the Lok Sabha, it has 30 Lok Sabha members and is chaired by a ruling party MP.

    Examines budget estimates to ensure efficiency, economy, and effectiveness.

    Suggests alternative policies for better fiscal management and administrative reform.

    Monitors implementation of government schemes and performance of ministries.

    Eg- Under Murli Manohar Joshi (2018), it reviewed PSU disinvestment and defence procurement, highlighting fiscal prudence.

    In the words of Woodrow Wilson, “Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work.”

  • “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss.

    The Attorney-General of India (Article 76), is the highest law officer of the Union Government. He plays a vital role in upholding the rule of law and ensuring constitutional governance.

    Constitutional Position and Functions

    As legal adviser

    Legal Adviser to the Government (Article 76(2)) on matters referred to him by the President.

    Advisory Role in Legislation – Consulted in drafting Bills, Presidential references (Art. 143), and interpreting constitutional provisions.

    Ex-Officio Role – Participates in Parliamentary proceedings (without voting rights) to clarify legal positions.

    Facilitator of Constitutional Mechanism – By advising the President and other governmental bodies, the AG ensures the constitutionality of laws and executive actions, thus maintaining the integrity of the Constitution.

    As Lawyer of GoI

    Representation in Courts on behalf of the Union. Eg- in the Triple Talaq and Rafale Deal cases.

    Right of Audience in all Indian courts, even without being a party.

    Defends Union Actions – Represents the government in public interest litigations, constitutional disputes, and international arbitration matters. Eg- M.C. Setalvad (1950-1963) – Defended the constitutionality of preventive detention laws under Article 22 in A.K. Gopalan case

    Limitations

    Unlike the U.S. Attorney General, who heads the Department of Justice and oversees federal law enforcement, the Indian AG has no administrative or prosecutorial powers.

    No Fixed Tenure – Holds office at the President’s pleasure.

    Conflict of Interest – Can practice privately, though not against the government.

    Lacks constitutional safeguards or autonomy like the CAG or EC.

    Uncertain Service Conditions – Remuneration and terms decided by the executive.

    Limited Accountability – Not answerable to Parliament for advice or actions.

    Way Forward

    UK – Shawcross Principle– Ensures the AG’s independence in prosecutorial decisions

    Provide a minimum fixed term to safeguard the AG’s independence from executive pressure.

    Require periodic reporting to Parliament on key legal opinions and government litigation.

    Code of Ethics to ensure the AG upholds constitutional morality and political neutrality.

    Strengthening this office’s autonomy, institutional capacity, and ethical standards is vital for preserving the rule of law.

  • Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    The Parliament of India is the temple of democracy and an MP would act as a national trustee. However, as per Former VP, Hamid Ansari, Parliament has turned into ‘chamber of anarchy’ due to declining role and productivity of members.

    Functions of MPs

    Legislative Function – Making, amending, and repealing laws.

    Deliberative Function – Debating national policies and public issues.

    Executive Oversight Function – Question Hour, motions, committees

    Financial Function – Approving the Budget, Demands for Grants, and financial bills.

    Representative Function – Voicing citizens’ concerns and constituency interests.

    Indicators of Decline in Individual Parliamentarian’s Role

    Legislative Function

    Marginalization of Private Members’ Bills – Only 14 passed since 1952.

    Lack of thorough scrutiny of bills- During the term of the 17th LS, 58% of the Bills introduced were passed within two weeks of their introduction. Eg- the J&K Reorganisation Bill, 2019

    Weak research and knowledge support – Inadequate access to legislative data and expert analysis undermines quality of debates.

    Deliberative Function

    Decline in sitting days – From 120+ days (1950s) to around 55 days in 17th LS, curtailing deliberation

    Declining attendance- In 2021, average attendance dropped to 71% in the Lok Sabha and 74% in the Rajya Sabha.

    Frequent disruptions and adjournments – During the 17th Lok Sabha, MPs were suspended on 206 instances, across both Houses of Parliament. In Winter Session 2023, 146 MPs were suspended for serious misconduct in the House.

    Party whip system – Strict control discourages independent viewpoints and policy reasoning.

    Financial Function

    Between 2019 and 2023, on average, about 80% of the budget has been voted on without discussion. In 2023, the entire budget was passed without discussion.

    Decline in budget scrutiny – Detailed examination of Demands for Grants often guillotined without debate.

    Weak engagement with financial committees – Falling participation in PAC, Estimates Committee, etc.

    Executive Oversight Function

    Question Hour functioned for 60% of scheduled time in LS and 52% in Rajya Sabha.

    Underutilized parliamentary committees – Low attendance and poor follow-up dilute scrutiny of executive performance.

    Resort to Money Bill route undermines RS. Eg- Aadhar Act

    Consequences of the Decline in Individual Parliamentarian’s Role

    Reduced Accountability – Rushing bills like the Women’s Reservation Bill, 2023 limits scrutiny and weakens executive oversight.

    Criminalization of politics – as per ADR data, 46% of MPs elected in 2024 have criminal cases pending.

    Poor Legislative Quality – Farm Laws (2020) passed with minimal debate led to backlash and repeal.

    Legislative Stagnation – Delay in passage of important bills due to disruption

    Judicial Intervention – Weak legislative performance prompts courts to step in (e.g., NGT, social justice rulings).

    Ordinance Culture – Fewer sittings have led to rising ordinances (11 in 2020), bypassing Parliament.

    Public Disillusionment – Citizens lose faith in Parliament’s deliberative and representative role.

    Democratic Imbalance – Executive consolidation weakens checks and balances, harming deliberative democracy.

    Diminishing role of opposition MPs – Reduced speaking time and political polarization undermine effective oversight.

    Way Forward-

    Increase Working Days- Eg- NCRWC (2002) recommended Parliament meet for at least 110 days a year; currently, it averages 60-70 days.

    Enhancing Parliamentary Decorum- Encourage a culture of respect, professionalism, and active participation in debates.

    Enhance Research Support for MPs- Eg- UK Parliament’s Research Service aids MPs in informed decision-making

    Engaging Responsible Opposition– allowing opposition to set agenda on lines of UK House of Commons

    Mandatory referral of Bills to Committee

    As former Vice President M. Venkaiah Naidu aptly stated, “Disorder, disruption, and delay should not replace debate, discussion, and decision, which form the edifice of parliamentary democracy.”