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TEST – 2 EXPLANATION GENERAL STUDIES MAINS

1. The poverty estimation in India has evolved into various methodologies which portrays the extent of people below the poverty line in India. Discuss whether the poverty identification and its eradication will be more effective if these methodologies targets geo-specific regions of poor than identifying poor households. The objective of estimation of poverty is to identify those who cannot afford minimum standards of living and enable state intervention in providing them with livelihood opportunities. But the concept of poverty itself is ambiguous and its identification strategies have evolved continuously since independence. Beginning with Dadabhai Naoroji’s poverty estimation in India till C.Rangarajan Committee poverty estimation in 2012, the methodologies to identify the BPL have been many. It includes poverty identification based on calorie requirements, purchasing power parity and cost of living. All these methodologies invariably identify poor households based on these indicators. It is well known that poverty is concentrated in pockets of rural and urban areas such as slums, uncultivated agricultural lands. It thus becomes logical to arrive at poverty estimation at the level of these geo-specific pockets rather than conventional household level. Challenges in identifying pockets of poor

It necessitates a fundamental revamping of poverty indicators. It means a shift from household based indicators to region specific indicators such as scale of agricultural productivity, industries, etc.

Such pockets may include those household who are not poor. This results in leakage of governmental support and subsidies and further strain the purse of the government.

Advantages Region specific identification of poverty can be easier than identifying individual

households. Regions once identified as poor, can be specifically targeted for schemes and state support.

This provides avenue for tailoring the provisions of the scheme according to the needs of the region rather than the traditional “one size fits all approach”.

Monitoring of the scheme in terms of its implementation and output becomes easier. The identifying of poverty is a politically and socially sensitive issue which should be humane and just. It is also recognized that no poverty estimation based on households can be absolute and needs constant revision. Region specific poverty and developmental issues is already being looked at through “Special Category Status”. Such a large scale model, at the level of State, can be replicated to the zones or districts or tehsils to identify poverty and lack of development. At least, government should consider including region specific indicators, in addition to household, to arrive at the poverty rate and further policy interventions.

2. “Like any other constitution, Nepal Constitution has loopholes. Suggestions are welcome,

dictation is not”. Critically correlate the Constitutional logjam and Economical blockade of Nepal, with concerns of India. Issues of Nepali Constitution: Provinces have been carved out keeping political interest in mind and Demarcation does not

follow identity basis or geographic basis. The demand was for single identity basis federalism. Interests of Marginalized groups have not been promoted Delineation of electoral constituencies in the Terai (where more than 50 per cent of Nepal’s

people live) which has not been done on the basis of the population in the plains; Other complaints relate to citizenship norms that disallow children of Nepali mothers married

to foreigners from inheriting Nepali citizenship.

https://en.wikipedia.org/wiki/Terai

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Women groups are also opposing for representations, citizenship and marriage issues = created categories of citizenship = causing division = restricting empowerment

What are the concerns for India on recent Constitution? The present format of the constitution is not inclusive The past assurances have gone in vain. Aspirations of all regions and sections of society have not been met. India wants a stable Nepal; future instability can also lead to heavy migration from Nepal to

India. India has an open border with Nepal. Bordering states like Bihar had raised concerns of

violence in Terai region spilling over to India. Economic blockade and Indian Concerns: The unofficial Indian blockade led to petrol shortages in Nepal. Essential goods going into the

country from India were also blocked. People in Nepal were forced to cook in firewood stoves, walk to offices, with schools shut. Tourism has come down and public transport was in disarray due to shortage of fuel. The blame game between the two countries was bitter.

Nepal’s new Prime Minister KP Sharma Oli described the blockade of key border points with India as more inhuman than a war. In the midst of this political crisis India slammed Nepal at the UN for human rights violations. Later, India called on Nepal at the UNHRC to consolidate constitution building by accommodating all sections and emphasized that the prevailing problems could not be solved through force.

India also urged Nepal to investigate and take credible measures to prevent recurrence of incidents of violence and ethnic discrimination in the country.

Some of our IAS Toppers with Mr.U.Sagayam IAS, Mr.S.Bharath, Former Civil Judge and our Founder-Directors Mr.S.Sivarajavel & Mr.M.A.Sadik.

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Reeling under pressure, Nepal warmed up to China to open border trade points for the much needed supplies ahead of the festive season.

Nepali government has every right to deal with internal unrest as it sees fit, but it should be aware of the trans-national consequences of its action, given the open border that India and Nepal have enjoyed for decades.

While the Chinese offer of oil may ease the immediate crisis for Nepal, it is hardly a long-term and cost-effective solution for the country.

The government and the major political parties in Nepal cannot shy away from their collective responsibilities of addressing the political and constitutional issues raised by the agitating parties. It is the duty of the government and the ruling parties to reach out to the agitating parties, who have recently joined the parliament, so that the problems can be resolved through negotiation.

3. Compare and contrast the features of democratic systems of India and USA.

Indian Constitution 1) Indian federation is not the result of an agreement between States. 2) There is only Single citizenship for both the States and Union. 3) Each State sends M.P.s to the Parliament depending upon the population of the State. 4) There is no principle of equality between the states. 5) There are three Lists- Union List-(First List); State List (Second List); and Concurrent List –

(Third List). The Parliament can legislate only on the subjects of the Union List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists under certain circumstances.

6) No State can be separated from Indian Territory. 7) The Parliament, i.e. Center has the residuary powers. 8) There is only one Constitution for the Union and States. 9) India achieved uniformity in basic civil and criminal laws, except personal laws in some

matters. 10) The Indian Union is an indestructible Union of destructible States. The area, identity of a state

can be changed by Parliament. The States can be destructible. But the Union cannot be changed. The Union is indestructible.

11) The Central Government has the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a partnership of any State(Article 3)

12) The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”. 13) The Supreme Court has been given very wide powers, including appellate (Civil and criminal)

jurisdiction. 14) No referendum is necessary. For the amendment of the Constitution, the people need not give

their consent. It is sufficient to get the majority of M.P.s and in certain cases, the majority of the State legislatures.

American Constitution 1) American Federation is the result of an agreement between States. 2) There are dual citizenships- one Federal Citizenship- another State Citizenship. 3) Each State sends equal number of representatives to the Senate. 4) There is principle of equality between the States, irrespective of its population, extent etc. 5) There is a clear division of legislative powers among the Federal Units. The Union and as well

as each Unit is sovereign in its sphere. The Union is sovereign in their respective State

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legislative fields. Strictly one cannot entrench upon the other’s area of power. Each is confined to its own sphere.

6) The State, if it wants, can separate itself from the Federation, provided the relation is based only on the ‘Agreement ’.

7) The States have residuary powers. 8) There are two Constitutions. 9) There are different civil and criminal laws, differing from State to State. 10) Union is based only on the agreement. Any State can separate at any time. When the States are

separated, there will be no Union at all. Hence, it is called that the American Union is an indestructible Union of indestructible States.

11) The word “Federal” is used in the Constitution very often, and still now it is used very frequently.

12) The Supreme Court of America has not been given such type of appellate jurisdiction. 13) For the amendment of Federal Constitution, a referendum must be conducted. Amendment to

the Constitution can be made only with the consent of the people.

4. Despite its uneven history in India, decentralisation is vital to strengthen participatory democracy, facilitate responsive governance and enable public service delivery. Discuss The rationale for decentralisation comes from the need to strengthen participatory democracy,

facilitate responsive governance, ensure greater accountability and enable public service delivery according to diversified preferences of the people. The possibility of greater visibility and linkage between revenue-expenditure decisions is supposed to ensure greater responsiveness and accountability.

There are some who advocate decentralisation as an end in itself while others take this as a means to strengthen the democratic fabric through participatory governance and responsive and accountable public service delivery.

The Constitution placed local governance in the State List (Entry 5). Thus, administrative, political and fiscal decentralisation was entirely left to the discretion of the State governments.

There are five important issues for understanding the legal framework for the decentralisation process in the country.

First, the Constitution assigns decentralisation including funding entirely to the discretion of the State governments.

Secondly, the constitutional framework does not (and perhaps should not) prescribe any pattern, standard or model of decentralisation which again is left to the discretion of State governments.

Third, there are no easy mechanisms to ensure compliance of even the prescribed provisions of the Constitution by the States. Most States have not complied with the requirement of having to appoint gram sabhas (Art 243 A), ward committees (Art 243 S) district planning committees (Art 243 ZD) and metropolitan planning committees (Art 243 ZE).

Fourth, on the financial side, local bodies do not have any independent revenues. There is no separate list of tax bases assigned to them in the Constitution and they have to depend on the State governments to levy the taxes that the States choose to devolve.

Also, it is important to have clarity in the assignment of functions and the local governments should have clear and independent sources of finance.

There should be clear mechanisms to ensure that States comply with the constitutional provisions, particularly in the appointment and implementation of the recommendations of the SFCs.

Sustainable decentralisation comes from the demands of the people and advocacy should focus on a decentralisation agenda. Indeed, the framework needs to be evolved to accommodate the demand for decentralisation. Even within the existing framework, it is important for

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intellectuals and the press to pressurise the States to comply with the Constitutional provisions like creation of planning authorities and appointment.

5. “The Give It Up Campaign” motivates well-to-do citizens to voluntarily surrender their

subsidized LPG connection and purchase it in market price. Analyse the campaign for its strength and weakness and justify whether it will succeed in realizing its objective.

Prime Minister Narendra Modi coined the slogan - "give it up" - to exhort the better off sections of society to forego their LPG subsidy that can be utilised in providing subsidised LPG connections to the poor. Accordingly, the Government has launched the ‘GiveItUp’ campaign which is aimed at motivating LPG users who can afford to pay the market price for LPG to voluntarily surrender their LPG subsidy.

LPG is a highly subsidized commodity in India and the subsidy burden was more than Rs. 40,000 crores during 2013-14. The subsidy saved can be used for development activities thereby benefitting all citizens.

It is a very well-known fact that LPG subsidies hold major share in government expenditures because of which UPA II government reduced number of subsidized cylinder per connection to 6 which was later on changed to 12 due to political pressure. Since LPG gas is major source of fuel for most Indian kitchens their price matters a lot to common man. After the appeal of the ex-PM of India Lal Bahadur Shastri to the people to donate for the cause of the Indo-Pak War of 1965, comes this direct appeal from the PM. Strength of the scheme The PM through his slogan evokes a moral conscience of well-to-do families to surrender their

LPG connections voluntarily and play a direct role in nation building. This connects individual action to the overall growth of the country which was never tried before.

The campaign while aims to target the LPG subsidies to poor and deserved families, pleads only to above middle class families which will not affect the soul of the scheme.

The campaign brings immense financial relief to the government by reducing the subsidy burden on LPG cylinders.

As it is a voluntary campaign, there can be no legal issues for cutting down the LPG subsidies. The LPG subsidy is a much better candidate for 'targeted' subsidies (than, say, the food

subsidy) since the majority of households that benefit from it currently are those who can afford it anyway

Weakness of the scheme There is a popular negative perception about foregoing the subsidies that once they let go off

the subsidies, their other social benefits from the government will be automatically suspended. The consistent high price of LPG despite a considerable decrease in international market

demotivates the customers to let go off their subsidies. The lack of details and inadequate publication about this campaign led to low reach and poor

reception. The ‘Giveitup” campaign is a multipronged campaign to reduce the subsidy burden and to

target the deserved families for LPG subsidies. The uniqueness is its voluntariness and this campaign can be linked to corporate social responsibility, where the corporate can motivate their employees to surrender their subsidized LPG connections. The government should make the campaign more popular, easier with an assurance that the surrendered LPG subsidies can be received later upon request.

According to sources at the petroleum ministry, the next step after achieving the one million mark would be to leverage the campaign on the social media.

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6. Indian diplomacy appears to have changed by mentioning Baluchistan and talking openly about the alleged human rights violations in the region. Is this the beginning of a new diplomacy? Comment India has never been drawn into Pakistan’s internal troubles or territorial disputes with other

countries, with the exception of Bangladesh Delhi has in the past not backed claims in Kabul disputing the legitimacy of the Durand Line

that separates Afghanistan from Pakistan. India has also avoided embracing the secessionist movements in Balochistan and Sindh.

The reversal of this approach by mentioning the human rights violations shows India’s willingness to increase the cost Pakistan will incur for supporting terrorism in India

India can do a lot in terms of highlighting human rights violations in Balochistan. India can additionally join the unfolding Great Game in Balochistan — which hosts the Afghan Taliban fighting the Kabul government. Balochistan is the site of frequent contestation between Tehran and Islamabad, and draws Sunni dissident groups fighting Iran’s Islamic Republic.

Balochistan’s Makran coast is where China’s economic corridor through Pakistan connects with the Arabian Sea. Islamabad has also offered the Gwadar port as a naval base for China.

The stakes and risks are high with both India and Pakistan being nuclear powers It is not an “attractive option” for India to indulge in a payback in Balochistan. Benefits to India

are not well defined and it would be difficult to predict what Pakistan’s reaction would be. There are international consequences to this strategic shift as well. For example, Iran fears

Baloch nationalism. It even backed Pakistan’s 1973 campaign. Iran would take a “dim view” of India supporting Balochistan. Also, with India supporting Balochistan, its case on terror might stand diminished, with the world seeing its actions as reprehensible.

ALL INDIA SOCIOLOGY TOPPERS

MENTORED BY S.SIVARAJAVEL

2015 – Ms. SHARANYA ARI IAS (256/500) AIR-7

– Dr. R.VAITHINATHAN IAS (262/500) AIR-37

2014 – Mr.V.ATUL KULKARNI IPS (286/500)

2013 – Mr.SELVANAGARATHINAM IPS (240/500)

2012 – Mr.BASKARAN IPS (197/300)

2011 – Mr. RAMKUMAR IFS (198/300)

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Change in Foreign policy? Baluchistan Issue – Not new for India but this time more aggressively taken. Generally, no interference in Internal matter of countries India is being more vocal about the Pakistan occupied Kashmir and trying to shift the

discourse from J&K to PoK. Global supporter of Human Rights can’t be a mute spectator of violation of the same in the next

door. India, in the recent phase of vibrant diplomacy trying to play an assertive power politics in the

region. Even though it can be a risky affair, now in diplomatic arena India is taking bold steps. Conclusion: Thus Panchsheel and Gujral doctrine of non interference is still India’s diplomatic tool though eventual departure to correct course and putting relations in right track should not be regarded as big departure.

7. China is not too worried by expanding US-India Ties. What are the reasons for Beijing’s composure? Critically discuss India – US Engagements are Obama as Chief guest for Republic day celebrations, LEMOA,

repeated visited of Modi to Washington. U.S.-India ties over the past few years have become increasingly close, but this movement has

evoked limited response in China. Beijing’s composure is based on three factors: (1) Indian foreign policy is independent and free of strategic commitments to other countries; (2) India has been cautious in its handling of China’s differences with the United States, most prominently the South China Sea, and (3) The focus of Chinese foreign policy is to the East and not the South. India, the weakest of these three countries, seems to be engaged in a hedging strategy to gain concessions from its two more powerful counterparts.

China remained calm about the deepening Indo-U.S. ties, as the Chinese press coverage of Modi’s visit was void of hawkish language. The change is likely rooted in New Delhi’s recent moves toward equidistance between Beijing and Washington.

First of all, India’s categorical refusal of the U.S. suggestion of joint patrols in the Indian Ocean and the Asia-Pacific seems to be a critically important step that allayed Chinese concerns about India teaming up with the United States.

Second, the high-profile exchanges between China and India during Indian Defense Minister Manohar Parrikar and National Security Advisor Ajit Doval’s visits to Beijing seem to have succeeded in mutual trust-building. Chinese media accentuated that bilateral ties are improving and that India does not have hostile feelings against China.

Third, a communique issued by Indian Foreign Minister Sushma Swaraj and her Chinese and Russian counterparts in April 2016, among other things, takes a stand against the internationalization of the South China Sea disputes and advocates that the issue should be solved by the involved parties. This argument shows a striking parallel with the Chinese point of view related to the situation in that area.

Fourth, while the Indian prime minister’s vow of assistance in safeguarding the “freedom of navigation on seas” could be interpreted as a hidden reference to China’s behaviour in the issue, the article argues that the statement was not specific enough to be understood in this way.

Finally, the fact that LEMOA was not signed during the June 2016 Modi visit and the sluggish development of the more consequential Communications and Information Security Memorandum of Agreement (CISMOA) suggests India will be cautious about engaging in

http://www.rediff.com/news/column/modis-us-visit-improves-indias-image-in-china/20160609.htm

http://indianexpress.com/article/india/india-news-india/question-of-joint-patrolling-with-the-us-does-not-arise-need-to-cut-the-flab-from-the-military-parrikar/

http://world.huanqiu.com/article/2016-04/8818474.html

http://mil.huanqiu.com/observation/2016-04/8812691.html

http://thediplomat.com/2016/04/russia-india-china-address-south-china-sea-in-trilateral-statement/

http://www.ndtv.com/india-news/in-pm-modis-speech-at-capitol-hill-strong-message-for-pakistan-1416932

http://www.reuters.com/article/us-usa-india-idUSKCN0YU1ZR

http://sputniknews.com/military/20160407/1037651922/us-india-visit-military.html

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strategic agreements with the United States. This further implies that China does not have to worry about India’s engagement with Washington. Still, if LEMOA is concluded, it would allow the signatories to use each other’s bases for “resupplies, repair and rest,” and thus mark a significant development in Indo-U.S. military ties.

By taking an ambivalent stand on the internationalization of the disputes, India supports the Chinese position only partially, but there is nothing to suggest that New Delhi backs China’s territorial claims in the area.

On the other hand, India does not fully depart from the U.S. stance by reiterating its commitment to the freedom of navigation. India thus walks a careful line between these two powerful states, able to shift incrementally one way or the other depending on their actions’ impact on India.

8. Critically discuss the battle between "Right to reputation and Right to freedom of expression” in India today in the light of Supreme Court judgments.

Key points: Defamation refers to the act of publication of defamatory content that lowers the reputation of

an individual or an entity when observed through the perspective of an ordinary man. If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed form is libel. Defamation in India is both a civil and a criminal offence.

Section 499: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Section 500: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

The challenge to the validity of Section 499 and 500 of the IPC was undoubtedly the biggest free speech issue to have arisen in recent times. ‘Defamation’ is one of the reasonable restrictions to free speech envisaged in the Constitution,

but this is not enough to justify retaining its criminal component. Present structure of law imposes arbitrary restrictions instead of reasonable restrictions and

thus there will be regular arrests even for criticizing government. Acts can be misused to settle political scores and thwart others’ freedom of speech. Structure of section 499/500 dates back to 1860 and thus the law is not in tune with the present trends of promoting free speech

The court has sought to create an artificial balance between the fundamental right of free speech under Article 19(1) (a) and the right to reputation as part of one’s right to life under Article 21.

Such obfuscations prohibit the freedom of speech from performing one of its most essential functions: the pursuit of truth. This truth-seeking endeavour marks an important philosophical justification for any state to recognize free speech as an inalienable right of its citizenry.

Sec 66A of IT Act was struck down because it violates freedom of expression. In this case the preference was not given to reputation of the person. These two judgments are contradictory in nature.

http://www.brookings.edu/blogs/order-from-chaos/posts/2016/06/10-us-india-south-china-sea-liow?utm_campaign=Brookings+Brief&utm_source=hs_email&utm_medium=email&utm_content=30497484&_hsenc=p2ANqtz--lJV1HBBL4t7qhHbbja7EWXu5uVwVqVXDRMipxW1R7XaLOX5dYOqbMpDreh

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Positive side of the judgment:

a. This judgment is a stern message to all those who consider freedom of speech as absolute and to think twice before defaming a person.

b. Apart from Article 19(2), the court also relied on the expanded meaning of the right to life under Article 21, which has been interpreted as the right to live with dignity. Defamation affects an individual’s dignity and, therefore, for the protection of his/her dignity, an individual must have effective legal recourse. It is no answer to say that such legal recourse is available under the civil law, because the civil law is expensive to invoke and a defamed person in addition has to bear the burden of paying court fees on a civil suit.

The criminal defamation judgment is disappointing and reiterates the Supreme Court’s lukewarm commitment to free speech in recent times. The court strikes down amendments by a democratically elected Parliament but upholds a colonial law which is highly regressive.

The SC passed its judgment on a series of petition on Criminal defamation filed by famous politicians like A Kejriwal, Subramanian Swamy, and Rahul Gandhi. In its judgment the Supreme Court upheld the Sec 499 and 500 of IPC which amounts to criminal defamation and

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ruled that right to freedom of speech and expression is not absolute. This judgment is viewed by some with positivity while others view this as an effective tool to silence dissent and free speech. This article deals with the issues associated with the supreme court ruling and its impact on free speech

The Supreme Court has categorically mentioned through its judgment that the right to freedom of expression cannot be used to malign the reputation of the person. This being the crux of the judgment, it has to be viewed with more prudence as it tries to strike a balance between Freedom of speech & expression and individual reputation.

Through this judgment SC has given a right message to all the people who use defamation as per their whims and fancies. The motive to defame a person may be to gain undue advantage however there are instances where people have used this draconian section of 499 & 500 to malign the reputation of a person which is accumulated over years with much hard work and perseverance. This judgment is a stern message to all those who consider freedom of speech as absolute and to think twice before defaming a person.

However on the other side of the discourse there are sections arguing that it curtails any form of criticism. Media which expresses the above concern has a view that people with deep pockets can go on and on by dragging the person to court considering all forms of criticism as defaming.

Finally with this judgment the court has cautioned indirectly to not take judiciary for granted in solving issues like defamation which are not that important. This judgment has come at a time when the judiciary is overburdened with crores of pending cases. Politics in a democracy should be fought by having constructive criticism of each other and not

by maligning a person in a public domain. Politicians need to play politics in a more sensible and mature way to develop the country and not to settle personal scores or with power motive. India is a country with still millions of people deeply caught in poverty; our entire discourse should focus on how to get these people out of poverty than settling insults in courts. With the new judgment media needs to be more diligent and prudent while reporting issues that have serious implications. The Supreme Court in its wisdom has given its judgment in true sense at a time when we need to focus on development and not on defamation.

9. Does insisting on formal academic qualifications for elected representatives harness or hamper the spirit of democracy? Give your opinion in the light of the Haryana Panchayati Raj (Amendment) Act. Haryana Panchayat Raj act and Haryana Panchayat act have been amended by laying down

some qualifications for contesting the rural and urban local bodies elections. The Rajasthan government also had imposed similar conditions in 2014 just before the panchayat elections in that state.

According to Section 175 of the Act, the minimum qualification to contest for the post of a sarpanch or panch of a gram panchayat or to that of a member of a panchayat samiti or zilla parishad is class 10 or its equivalent. For a woman candidate or a candidate belonging to the Scheduled Castes (S.C.s), the minimum qualification shall be middle pass and for an S.C. woman candidate contesting for the post of panch, it shall be fifth pass.

Other disqualifying criteria include failure to pay arrears of any primary agricultural cooperative society, district central cooperative bank or district primary cooperative agriculture and rural development bank, or failure to clear electricity dues. The Act also stipulates that the candidate give a self-declaration that he/she has a functional toilet at their place of residence.

Excluded from participation - Violation of equality of opportunity The conditions imposed by the amendment to the panchayati raj law in Haryana have not only

excluded a large section of the population from contesting elections but have also deprived voters of their right to choose.

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The All India Democratic Women’s Association (AIDWA) was critical of the Supreme Court order which, according to it, had long-term implications for socially and economically disadvantaged sections, including Dalits and women.

The extent of the exclusion in relation to Scheduled Caste (SC) women was more than 80% while in a district like Mewat which is dominated by Meo Muslims, the exclusion of women was more than 90%.

It is very clear that it discriminates against the poor, the marginalized and women and denies them their fundamental right to contest an election

The Supreme Court’s judgment upholding the amendment has placed the right to vote and right to contest on a different footing.

The exclusionary measure is totally disastrous and anathema to the spirit behind the 73rd constitutional amendment as it goes against the interest of those very downtrodden sections for whose empowerment the landmark changes were brought about in 1992.

When no such criteria applies to members of the Legislative Assembly (MLAs) and Members of Parliament it is a clear discrimination to grass root level leaders.

10. The findings of fourth National Food Health Survey (NFHS-4) are quite disturbing in terms

of health of children in India. In this context, analyze what are the bottlenecks in attaining healthy younger India and suggest suitable remedies. The NFHS-4 data released in 2016 revealed a grim picture about the health indicators for the children. According to the survey, 37% of under-five children are stunted, 22% are wasted and 34% of children under the age of 5 are underweight. Bottlenecks in attaining the better health index:

Poor implementation of the schemes at the ground level targeting the nutritional security for the children ie. ICDS and MDM.

Reduction in budgetary allocation in 2016 budget that promotes nutritional food availability to the children. A budgetary cut of about 7% in Integrated Child Development scheme (ICDS) and 0.34% cut in mid-day meal scheme.

Lack of institutional oversight on the scheme outputs Issues in the quality of food supplied through anganwadi centres Widespread corruption at the lower branches of the government

Remedies India, being a welfare State, should desist from making grant cuts for social sectors and the

present cut need to be compensated with out-of-budget fund allocations. The right to food and nutritional security to all children need to be guaranteed through

policy approach. The national policy on children, 2013 does not include such a vision for ensuring nutritional security for children.

Regular and periodic awareness programmes at the level of blocks, local bodies and government schools need to be conducted on the issue

Corruption should be addressed through inspections, audits, preferably social audits and mandating periodic reports on the implementation status of welfare programmes need to be placed.

The economic survey 2016 points out the importance of welfare schemes, particularly ICDS and MDM, in dealing with the nutritional security of the children. The results of the NFHS-4 report are eye opening and the government need to become pro-active on this issue. Government need to reconsider the budgetary cuts for the vital supply line reaching the children and put in place effective apparatus for their better implementation.

11. Judiciary has been increasingly becoming the first port of call for solving all problems.

Critically comment 1) Indian Judiciary is one of the three pillars of the democracy next to Legislature and Executive.

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2) Though Indian constitution has envisaged separation of powers between these pillars, judiciary has been accused of encroaching on the powers of legislative and executive authorities.

3) The judiciary has appropriated for itself a role far beyond its primary duties of dispensing justice and interpreting laws.

4) A series of judgments, most notably S.P. Gupta vs President of India and others (1981), gave rise to a new legal instrument called public interest litigation. This instrument allowed “public-spirited individuals to seek judicial redress” on a variety of matters.

5) Through several judgments thereafter, the judiciary has unhesitatingly shuffled into the roles of both the legislature and the executive. It assumed wide powers in matters of protection of the environment.

6) The overzealousness of the judiciary and the neglect by the executive has been responsible for the destruction of the separation of powers between the judiciary, the legislature and the executive.

7) Examples of such judicial acts: a. ordering the creation of a National Disaster Mitigation Fund while national and state

disaster response funds already exist b. to move Indian Premier League matches out of Maharashtra given the drought in Latur and

other parts of the state. c. concerns about the problem of pollution in the National Capital Region. Doubled the entry

tax on trucks entering Delhi. Ban of registration of diesel vehicles. d. Trying to fix the air connectivity to Shimla. e. Directed the Centre to take proactive steps in drought mitigation as well as in assessment,

planning and relief as mandated by the Disaster Management Act, 2005. 8) Courts which are ill-equipped to weigh the economic, environmental and political costs

involved should keep away from such issues.

Our Student, N.L. Beno Zephine, India's 1st visually challenged IFS Officer

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12. Why Assertive power politics in South China Sea is not recommendable for India? Critically discuss the stance of India in South China Sea dispute. Bad relations with China would be a disaster.

o Militarily this translates to more confrontation along the LAC and more incursions by the PLA into the Indian side.

o It also means more support to Pakistan on the Western theatre. o The Chinese navy with its submarines would become more assertive in India’s own

backyard - the Indian Ocean. The String of Pearls would be implemented with more vigour. o Economically, China is our largest trading partner and bilateral trade is worth almost

US$100 billion. This would take a serious hit with the Chinese placing various sanctions on the trade. India would be more impacted as it imports more from China than what it exports, with the trade deficit being almost US$ 45 billion.

o All the improvement in diplomatic relations that has happened in recent times (Xi’s visit to India and Modi’s visit to China) would become null and void. India’s role in BRICS and AIIB would be in jeopardy.

We cannot brush away the concerns of the ASEAN countries. The South China Sea holds immense energy prospects and the countries there want the Elephant to play an active part in countering the Dragon’s weight. Trade with those nations and defence cooperation - sale of arms, joint exercises - is important for us.

Therein lies the importance of having an ambivalent stand. This is most significantly brought out in the following two points: o Support of the Chinese stance: In a recent RIC meet in April, the Indian Foreign Minister

Sushma Swaraj along with her Russian and Chinese counterparts released a joint statement which called for the resolution of disputes in the South China Sea directly by the parties concerned without external interference. This was seen as a slight change in India’s stance regarding the matter. Indian Defence Minister Manohar Parrikar and NSA Ajit Doval visited China and conducted high level meetings to establish trust between the two sides. The refusal of India to the US proposal of Joint Navy Patrols in the South China Sea is seen as a further vindication of its tilt in policy.

By ensuring that the leaders issue contradicting statements back to back (both in April), the Indian policy makers have done a tremendous job so far, in not antagonizing anyone while at the same time safeguarding India’s interests. This ambivalent policy should continue as things stand.

13. India would be delighted to have a civilian partner to work with in Myanmar. What are the

opportunities and challenges that the new government faces? How can India lend its hand to the new government? Examine Opportunities: Transformation of Myanmar into peaceful society, with democratic functioning, consensus and

negotiation with ethnic minorities like Kachin tribes, Kokang rebels would bring peace and trigger development

Lifting of economic sanction from US and EU would provide a chance to bring development and to promote industry, export and new ventures. This would also open new services, job creation, infrastructure, resulting in a better quality of life.

Fresh reconstruction of society on genuine democratic setup is a great chance to implement real democracy

Chance to address the issue of Rohingya tribes and their acceptance into society Joint infrastructure projects like Kaladan project, BCIM corridor is a win-win situation To move away from the influence of China and to engage with other world leaders like India,

US, EU, etc.

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Challenges: 25% of seats in both houses reserved for Military representatives. Great unity among democratic leaders is required to bring constitutional amendments and other legislations. Also, consensus and common ground with military junta is essential at the same time to maintain the democratic character After effects of Economic sanctions from USA and western countries on the country are still

lingering in the form of poor capital formation, poor infrastructure, weak business and industry, poor exports and institutions. Hence, to reform and improvise the situation is a daunting task

Separatist movement by Ethnic minorities (20 of them) and their violent struggle is a big challenge. There is a need to bring them into democratic fold

Drug mafia, illegal arms smuggling, alternate economy and their nexus with politicians and bureaucrats is a big challenge. A systematic approach needs to be evolved for this problem.

India’s role Service sector and BPO – being a leader, India can assist to develop service Industry with the

help of Industry collaboration (ASSOCHOM, NASSCOM and their counter parts) Agriculture – Can help Myanmar to adopt modern agriculture technologies to suit their

conditions with the help of ICAR and other premier Indian institutions Establishment of Democratic institutions – India, being diverse country, succeeded in taking

all the groups together. Valuable source to Myanmar to develop democratic institutions like Parliament, state legislature, ULB, PRI,

Establishment of Independent institutions – Election commission, CAG, UPSC can be replicated in Myanmar to deliver independent functions

Progressive legislation and best practices – SHG, RTI, RTE, Food security mission provides valuable lesson to Myanmar

14. Critically evaluate India-Afghan relationship with the recent inauguration of India – Afghan

Friendship dam and other bilateral infrastructural engagements India’s policy of deepening its engagement in the post-Taliban Afghanistan through economic

reconstruction has achieved a milestone with Prime Minister Narendra Modi inaugurating a dam built with Indian aid in Herat province. The 42 MW dam, with an investment of over $275 million, will boost the agricultural and industrial sectors of Herat, one of the few success stories in this war-torn country.

India’s interest in seeing Afghanistan move towards greater peace and prosperity cannot be overstated. India is one of the closest regional powers that have invested in institution and infrastructure building in Afghanistan.

Salma Dam has become a reality; it is tempting to bring in the Pakistan factor. One can underline how India is sending engineers and doctors, who work alongside ordinary Afghans to build a peaceful and prosperous Afghanistan, while Pakistan sends the jihadi militants who spill Afghan blood and destroy that beautiful country.

India, without bothering about Pakistan, should focus on the larger picture: Leverage the Afghan goodwill into geo-strategic gains and also learn lessons in developmental diplomacy from the Afghan experience and improve its diplomatic outreach as it seeks a larger global footprint.

Indian grants, estimated to be over $2 billion has led to the culmination of major projects like the Zeranj-Delaram road, the Pul-e-Khumri power transmission line, the Parliament building in Kabul and several other projects covering schools, healthcare, rural irrigation, buses, electricity distribution, capacity building and training programmes and so on.

The Salma Dam stands at the heart of the province in western Afghanistan from where the Chisti Silsila or Chisti tradition of Sufism came to India and found an abode in Ajmer, Delhi and

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Fathepur Sikri. In building and completing the dam, India has finally offered its "guru dakshina" to the messengers of peace, compassion and harmony.

For India, Afghanistan has immense strategic potential. Besides the infrastructure work India has initiated and completed, it has also signed the TAPI pipeline project that aims to bring natural gas from Turkmenistan through Afghanistan and Pakistan to India. More important, a friendly, stable regime in Kabul is geopolitical insurance against Pakistan’s deep state. Both countries share concerns about Pakistan’s good-terrorist-bad-terrorist nuancing.

Lately, India has signalled a small shift in its policy by delivering M-25 attack helicopters to Kabul. But it remains cautious about making larger overtures on security and is wary of being sucked into a never-ending war. Such caution is required. But it should not deter India from playing a bigger role in a country whose stability is vital for its regional ambitions and whose people traditionally count India as a well-meaning friend. As the Chabahar agreement brought together India, Afghanistan and Iran, New Delhi should work to bring together more regional powers invested in Afghanistan’s stability and economic development.

SOCIOLOGY OPTIONAL OVERWHELMS IN

IAS 2015 – 16 FINAL RESULT

15. NAME ALL INDIA RANK OPTIONAL

Ms.Saranya ARI 7 Sociology

Dr.Vaithinathan R 37 Sociology

Mr.Ram Krishnan R 268 Sociology

Mr.Karthikeyan G 301 Sociology

Ms.Sruti Vijayakumar 381 Sociology

Mr.Pavankumar G Giriyappanavar 420 Sociology

Mr.Sarveshwaran 655 Sociology

Mr.Balachandar D 701 Sociology

Mr.Prakash B 906 Sociology

ALL THE ABOVE SUCCESSFUL CANDIDATES WERE MENTORED BY

MR.S.SIVARAJAVEL

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Despite having Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act since 1996, the child sex ratio in India is alarmingly skewed. Critically examine why the PCPNDT Act has not yielded success. Do you think rather than banning sex identification of a fetus through this Act, mandatory sex identification and registration of a fetus will tackle the issue of female feticide?

The main objectives of PCPNDT Act, 1994 are Prohibition of sex selection before or after conception Regulating the pre-natal diagnostic techniques for detecting the genetic, metabolic or

congenital disorders To prevent the misuse of technology and tackle the issue of female foeticide

Outcomes of the Act Despite the Act being in force, the child sex ratio has deteriorated continuously for the second time, as per 2011 census. As compared to 2001 census, the child sex ratio was 927 female children per 1000 male children. This got worsened to 917 per 1000, according to 2011 census data. The skewed sex ratio is a natural outcome. This altered ratio suggests the sex preference during pregnancy. Thus, the PCPNDT Act was enforced poorly. Positive outcomes of the Act

Increased registration of pre-natal diagnostic labs across the country Check on misuse of latest medical technologies for sex identification and preference. A check on advertisements for sex selection in popular media A 2003 amendment to the Act also included ultrasound techniques under its ambit which

covers the widely used tool for pregnancy related diagnostics. Challenges

Very low conviction rate against those who use the technology for wrong purposes. This is mainly due a hand-in-gloves attitude between the service providers and service seekers with no one to blow the whistle.

Despite the stringent provisions of the Act, rampant proliferation of unregistered diagnostic clinics which goes unnoticed

A passive resistance from the medical professionals for effective implementation of the Act Poor literacy and awareness campaigns on the issue to sensitize the public Overburdened staff of the health authorities thus resulting in poor oversight

Way forward Sensitisation and capacity building of the regulatory agencies on the importance of the Act Identification of the blocks/regions with low child sex ratio and focussing governmental efforts to alleviate the menace Mobilization of the civil society and incorporating them as a major partner in arresting the trend

16. The Inter-state Council (ISC) can be the core component of cooperative federalism. Critically discuss Trust Deficit solver

The council proved to be crucial in the implementation of many of the Sarkaria commission’s 247 recommendations, such as altering the states’ share of central taxes. Just as importantly, the council helped bridge the trust deficit between the centre and the states.

NITI Aayog's Governing Council NITI Aayog’s Governing Council—it has a similar composition, including the prime minister, chosen cabinet ministers and chief ministers—that could address centre-state issues. But the ISC has constitutional backing, as against the NITI Aayog which only has an executive mandate. This puts the states on more solid footing—an essential ingredient in building the atmosphere of cooperation needed for calibrating centre-state relations.

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Federalist vision—one with an emphasis on decentralizing decision The challenges of maintaining a federation are many, but the solution is no mystery: healthy debate and discussion. In past decades, the centralized nature of the Indian economy—even after liberalization—put up huge challenges to federation. The vision of federation with emphasis on decentralised decision making and competition environment requires ISC be a core component.

Addressing Inter- State Conflicts Clause A of Article 263, which gave the council the power to investigate issues of inter-state conflict, was dropped in the presidential ordinance establishing the ISC. It should provide greater opportunities to civil society institutions and the corporate sector to make their representations.

The ISC should be further strengthened to become the critical forum for not merely

administrative but also political and legislative give and take between the centre and states. Even though the ISC’s mandate is very broad, its aspiration has generally been limited to discussing affirmative action, welfare subjects and administrative efficiency and coordination.

In addition, inter-state coordination on issues such as river water disputes, problems pertaining to the location, funding and execution of mega projects, ecosystems management, climate change and natural disasters, development of tourism will help States harness their growth potential.

This would require making the most of the available institutional mechanisms like Zonal Councils and the Inter-State Council, to promote better Centre-State and inter-State relations.

Tax devolution is another crucial issue. The acceptance of the 14th Finance Commission’s recommendation to change the quantum of the funds allocated to the states from 32% to 42% of the tax pool was well received at the council meet, The goods and services tax, currently on

the threshold of being passed, would change the landscape even more drastically—all but mandates periodic consultation and assessment of the kind the ISC can provide.

17. “India must go beyond a mere demonstration of goodwill”. Critically examine the India-

Nepal relationship in the context of China in Nepal. The impasse of approximately five months in India-Nepal diplomatic engagement ended with

the six-day visit by Nepal’s Prime Minister K P S Oli to India. New Delhi’s ‘geographical trump card’, India’s External Affairs Minister Sushma Swaraj’s ‘Quiet

Diplomacy’, and the Nepali Government’s realisation of the limitations of ‘China card’ in dealing with its southern neighbour, created a suitable environment for an effective interaction between India and Nepal to restore momentum.

While, as a sovereign nation, Nepal is naturally free to choose its partners, the Nepali leaders seem to have accepted the logic of geographical reality. The open land frontier, straddling five north Indian states and Nepal, is a fact which binds both these countries by language, religions, cuisine, culture and marriage, among other linkages.

The Nepalese resentment against an exclusive dependence on India is not mitigated by an often-uncomprehending Indian attitude. India’s diplomatic and communication-strategy towards small neighbours is in urgent need of an overhaul.

The Nepali Government tried to play its northern neighbour against southern neighbour. This time there was a change in China’s approach. On earlier occasions, China had politely expressed its inability to send fuel to Nepal, but the voluntary offer by China to supply fuel during the present crisis demonstrates Beijing’s growing interests in Nepal. Beijing has focused its policies vis-à-vis Nepal by trying to reduce its dependence on India in the political, economic, and security arena.

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There was a realisation in Nepal, too, that politically and economically, it is heavily southward-oriented. Furthermore, its foreign trade is largely dependent on access to and through India, not China. The consequences of the economic blockade by the agitators forced the Nepali Government to soften its stand.

Exactly one month after his India-visit, Mr Oli visited China. The most celebrated agreement of transit through China aims to “relax the obstacles created by geography”

In reality, however, implementing this agreement is a remote possibility due to two key reasons – one, the distance and hence economic unviability, and two, the missing infrastructure facilities within Nepal. Indeed, geographical factors cannot be ignored and certainly without strengthening domestic institutions and facilities, such an agreement would be of little use. Also, Nepal’s political uncertainty is a major impediment to achieving the desired results.

For India, the complex regional dynamics forced the Modi Government to rethink its approach towards its neighbourhood which calls for more than a mere demonstration of goodwill. India’s key challenge in Nepal is to overcome the wave of anti-India sentiment.

The Nepalese resentment of dependence on India is not reduced by an often-patronising Indian attitude. India considers Nepal mainly as a source of cheap, and not always welcome, labour.

Further, India seems not to have decided whether to treat Nepal as one of its neglected north-eastern states or as a sovereign country. Hence, this attitude and perception must change. It also underlines the fact that persistent engagement and dialogue with immediate neighbours in all circumstances should be the mantra for India for deepening ties

Our Student, Dr.R.Vaithinathan (AIR-37, Tamil Nadu Rank-2)

Felicitated by Mr.U.Sagayam IAS

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18. "Constitution is a vehicle of Life, and its spirit is always the spirit of Age”. Discuss 1) India is the only country in the world with a written constitution that has been amended so

many times in the six and a half decades since its inception in 1950. 2) The fact that it has been amended for more than 100 times gives rise to 2 questions:

a. The constant and unending process by which the Constitution is being mutated and mutilated, to suit the needs of the political party in power. - E.g: controversial 42nd amendment brought in by Indira Gandhi at the height of the Emergency.

b. Other point - Constitution is a living document and must reflect the growing aspirations of the people of India from time to time. It is the will of people to carve out their own destiny.

3) The procedure for such amendment is laid out in Article 368 of the Constitution and indeed can be said to protect the sanctity of the Constitution as well as to check the arbitrary power of Parliament.

4) 42nd amendment even introduced amends and altered provisions to check constitutionality of amendments:

a. To check constitutionality of legislation enacted by Parliament and State Legislatures a minimum number of Judges for determining constitutionality of laws was introduced.

b. Jurisdiction of High Courts with respect to constitutionality of Central laws was curbed under Article 131 (Exclusive jurisdiction of the Supreme Court in regard to questions as to the Constitutional validity of Central laws) and

c. Article 228A(No high court shall have the jurisdiction to declare any Central law to be constitutionally invalid.)

5) 3 judgments that altered the course of Indian Constitution: a. Golaknath case - upheld that constitutional amendments through Article 368 were subject

to fundamental rights issue b. Keshavanandha Bharathi case - the Constitution has a basic structure of constitutional

principles and values and that the judiciary has the power to review and strike down amendments which conflict with, or seek to alter, this basic structure of the Constitution

c. Minerva mills case - applied and evolved the basic structure doctrine of the Constitution, unanimously ruling that Parliament cannot exercise unlimited power to alter this basic structure or tread upon the fundamental rights of individuals, including the right to liberty and equality.

6) Amendment of fundamental rights - a. 1st constitutional amendment -

i. It provided redress against abuse of freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the

enactment of laws which provide “special consideration” for weaker sections of society. ii. This amendment set the precedent for amending the Constitution to overcome judicial

judgments which purportedly impeded the fulfillment of the government’s responsibilities to particular policies and programmes.

b. Obliterating Fundamental right to property. c. The Swaran Singh Committee on Constitutional reforms appointed by the President of the

Indian National Congress early in 1976, suggested that the primacy of the Directive Principles of State Policy over Fundamental Rights must be proclaimed once for all and no law giving effect to the Directive Principles should be called in question on the ground of infringement of any of the Fundamental Rights.

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7) Some of the Recent amendments that live up to the spirit of age: a. 91st Amendment 2004 - Restricted the size of the Council of Ministers (CoM) to 15 percent

of legislative members & strengthened the Anti Defection laws b. 93rd Amendment Act, 2006 - Provided for 27 percent reservation for other backward

classes in government as well as private higher educational institutions. c. 97th Amendment Act, 2012 - inserted article 43B related to promotion of co-operative

societies d. 100th Amendment act 2015 - related to the Land Boundary Agreement (LBA) between

India and Bangladesh. 8) Indian Constitution lives upto the age in the name of Constitutional amendments which when

arbitrary have even been struck down by the Judiciary in the name of judicial review.

19. Critically discuss the need for India and Bangladesh to address the rising incidents of religious intolerance. Terrorist attacks on innocent people who don’t conform to the rigid interpretation of Islam of

the fundamentalists have been a routine instance in Bangladesh for the past four years. The recent attack on a popular café in Bangladesh has revealed two things: Bangladesh

government must strengthen the security system and the ruling Awami League must provide ample space for dissent to the opposing voices and co-ordinate its efforts with the entire political spectrum to weed out extremist tendencies.

These isolated events are not of only Bangladesh’s concern but India’s as well. o Bangladesh shares a long border with India. Any threat there can be used a means to

launch attacks on the Indian soil. The already inimical attitude of Assam population to

Bangladesh migrants may lead to ethnic clashes that will pose a law and order problem for both the nations.

o The arms and drug mafia will become more active. Smuggling cannot be checked effectively by the border forces on both sides.

o India is home to second largest Shia population. The terrorist outfits that are at loggerheads with the Shia way of Islam may turn to attack India after strengthening their hold in Bangladesh. The AQIS (Al Queda in Indian Subcontinent) will also turn to become a force to reckon with. The secular fabric of both Bangladesh and India will be torn subsequently.

However, it is not that all is beyond the control of governments of both India and Bangladesh. Isolated attacks are an indication of imminent danger. It is time that Bangladesh accepts and realises that it is under terrorist threat and instead of seeking political mileage, concerted

efforts must be taken by the government. India can co-operate and offer needed expertise to her neighbour in this regard.

20. It is highly recognized about the role of civil society in a democratic society. Discuss the

challenges faced by the civil society in India. A community of citizens brought together by common interests and objectives is termed as civil society. In a democratic state, civil society serves as an important pillar in sustaining plurality of opinions and healthy criticism, which is a hallmark of democracy. Civil society is usually comprised of middle class and they influence the policies of the government without being a part of governmental machinery. They play an active role in policy making, bringing accountability and an element of public scrutiny thus serving as a watchdog of a

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democracy. Despite being divided on many lines such as race, gender, culture, hierarchy or ethnicity, civil society symbolizes a unity of minds and a collective action for larger good. Challenges faced by the civil society

The space for dissent and criticism is becoming more restricted with the might of the State falling on those who criticise the governmental actions or inactions. The recent trend of increasing cases of sedition against the members of the civil society is a tell-tale example.

Despite being characterised as a united force, recently civil society has become more radicalised and acts on fundamentalist principles (RSS and VHP). The issue of Dalits and cow vigilantism points to this radicalisation tendency of civil society groups.

As such civil society with diverse base and objectives becomes very fragmented. Thus they lack a concerted action and a coordinated approach to deal with a social ill.

The recent emergence of government sponsored civil society (in Andhra Pradesh, where

District Collector is the chairman) and retired government officials promoted NGOs stain the popular perception about the credibility of these organizations.

The lack of role clarity and the sense of purpose Lack of democratic principles in their functioning Lack of institutional interaction with the State machinery Increased political tendency of the civil society organizations which becomes a proxy for

political parties.

Our Student, Ms. Sharanya Ari (AIR-7, Tamil Nadu Rank-1) Felicitated by Mr.U.Sagayam IAS

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