UPSC GS 2 Paper 2023 Paper – The Core IAS

UPSC Mains GS 2 Paper 2023 .

1. "संवैधानिक रूप से न्यायिक स्वतंत्रता की गारंटी लोकतंत्र की एक पूर्व शर्त है ।" टिप्पणी कीजिए ।  

"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment. 10 

Judicial independence is a cornerstone of democracy, ensuring a system where the rule of law prevails, fundamental rights are protected, and government actions are held accountable. India’s rich judicial history exemplifies the critical role that an independent judiciary plays in upholding democracy and safeguarding citizens’ rights.

Some of the reasons why constitutionally guaranteed judicial independence is a prerequisite of democracy are:

  • It acts as a check on the executive branch of government, preventing it from interfering in the functioning of the judiciary or taking arbitrary actions that violate the Constitution.
  • It protects citizens’ fundamental rights, such as the right to privacy, LGBTQ+ rights, freedom of speech and expression, etc., by impartially interpreting and upholding constitutional rights, irrespective of political pressure.
  • It ensures fair and impartial adjudication, based on the facts of a case, individual merits and legal arguments, and relevant laws, without any restrictions or improper influence by interested parties example cases involving alleged violation of AFSPA act
  • It has the power of judicial review, which enables it to hold government actions accountable for their constitutionality and strike down laws that undermine judicial independence or violate the basic structure of the Constitution.
  • It enhances public trust in the democratic system, by ensuring that the rule of law prevails and that all authority and power must come from an ultimate source of law.

Therefore, constitutionally guaranteed judicial independence is a prerequisite of democracy, as it ensures that judges can make decisions free from political or external pressures and that justice is delivered to all.

2. निःशुल्क कानूनी सहायता प्राप्त करने के हकदार कौन हैं ? निःशुल्क कानूनी सहायता के प्रतिपादन में राष्ट्रीय विधि सेवा प्राधिकरण (एन. ए. एल. एस. ए.) की भूमिका का आकलन कीजिए। 

Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. 10 

According to the Legal Services Authorities Act, 1987, the following categories of persons are entitled to receive free legal aid in India.

  • A member of a Scheduled Caste or Scheduled Tribe
  • A victim of trafficking in human beings or begar
  • A woman or a child
  • A mentally ill or otherwise disabled person
  • A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster
  • An industrial workman
  • A person in custody, including in a protective home, juvenile home, psychiatric hospital or nursing home
  • A person whose annual income does not exceed Rs. 1 lakh or such other higher amount as may be prescribed by the State Government.

The National Legal Services Authority (NALSA) is the apex body constituted under the Legal Services Authorities Act, 1987 to provide free legal services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. Some of the roles of NALSA in rendering free legal aid in India are:

Positive Aspects of NALSA’s Role:

  • Legal Empowerment: NALSA has significantly contributed to the legal empowerment of marginalized and vulnerable sections of society, including women, children, the poor, and the disabled. It has helped them understand and assert their rights through legal assistance.
  • Widespread Reach: NALSA has established a network of legal services authorities at the national, state, and district levels, ensuring that legal aid services are accessible to people across India, even in remote areas.
  • Targeted Programs: NALSA has initiated specific programs to address the legal needs of specific groups, such as the “Nalsa (Prevention and Control of Acid Attacks) Scheme” and the “Victims of Trafficking and Commercial Sexual Exploitation Scheme.”
  • Public Awareness: NALSA conducts awareness campaigns and legal literacy programs to educate people about their legal rights and entitlements. This empowers individuals to seek legal aid when needed.
  • Reduced Backlog: By providing free legal aid and facilitating the resolution of disputes, NALSA indirectly contributes to reducing the backlog of cases in the Indian judiciary.
  • Alternative Dispute Resolution: NALSA promotes alternative dispute resolution mechanisms, such as mediation and conciliation, to expedite the resolution of disputes without the need for prolonged legal battles.

Challenges and Areas for Improvement:

  • Resource Constraints: NALSA faces resource constraints, both in terms of funding and the availability of legal professionals to provide free legal aid. This limits the scale and effectiveness of its programs.
  • Quality of Legal Aid: Ensuring the quality of legal aid services provided by NALSA and its associated legal service authorities can be challenging. There is a need for ongoing training and capacity building.
  • Awareness: Despite its efforts, awareness of the existence and services offered by NALSA remains limited in some regions. More extensive outreach and awareness programs are necessary.
  • Administrative Efficiency: Streamlining administrative processes and reducing bureaucratic hurdles in the delivery of legal aid services can enhance their effectiveness.
  • Legal Aid Clinics: Expanding the network of legal aid clinics, including mobile legal clinics, can help reach underserved populations in rural and remote areas.
  • Monitoring and Evaluation: NALSA should strengthen its monitoring and evaluation mechanisms to assess the impact of its programs and make necessary improvements.

In conclusion, the National Legal Services Authority (NALSA) plays a vital role in rendering free legal aid in India, particularly to marginalized and disadvantaged sections of society. While NALSA has made significant strides in improving access to justice, there are ongoing challenges that need to be addressed to enhance the effectiveness and reach of legal aid services across the country.

3. 'भारत के राज्य शहरी स्थानीय निकायों को कार्यात्मक एवं वित्तीय दोनों ही रूप से सशक्त बनाने के प्रति अनिच्छुक प्रतीत होते हैं।” टिप्पणी कीजिए । 

"The states in India seem reluctant to empower urban local bodies both functionally as well as financially. " Comment. 10  

The reluctance of Indian states to empower urban local bodies, both functionally and financially, has been a longstanding issue. This reluctance stems from various factors, including political, administrative, and financial considerations.

  • Firstly, political factors play a significant role. State governments often view urban local bodies as potential rivals and are hesitant to devolve power as it may reduce their control over urban areas. Additionally, local bodies may be controlled by opposition parties, leading to partisan reluctance.
  • Secondly, administrative challenges arise when states are hesitant to delegate functions to urban local bodies due to concerns about their capacity and efficiency. This lack of trust can hinder effective decentralization.
  • Financially, states may be reluctant to share revenue with urban local bodies, fearing budgetary constraints. They may also worry about mismanagement of funds at the local level.

To overcome these challenges, there is a need for greater dialogue, capacity-building, and fiscal decentralization, adoption of  principle of subsidiarity, democratic decentralisation, delineation of function to ensure that urban local bodies can effectively address the growing needs of India’s urban population while maintaining financial sustainability

4. संसदीय संप्रभुता के प्रति ब्रिटिश एवं भारतीय दृष्टिकोणों की तुलना करें और अंतर बताएं।

Compare and contrast the British and Indian approaches to Parliamentary sovereignty. 10 

British and Indian approaches to parliamentary sovereignty exhibit both similarities and differences.


  • Legal Supremacy: Both Britain and India recognize the principle of parliamentary sovereignty, wherein the legislature is the supreme authority. Laws passed by the respective parliaments hold precedence over other sources of law.
  • Bicameral System: Both countries have a bicameral legislature, with a lower and an upper house. In Britain, it’s the House of Commons and the House of Lords; in India, the Lok Sabha and the Rajya Sabha.


  • Constitution vs. Statute: India has a written constitution that outlines the powers and limitations of various branches of government, including Parliament. In contrast, Britain relies on statutes and conventions to define its constitutional framework, making it more flexible.
  • Judicial Review: India’s judiciary has the authority to review and strike down parliamentary laws if they violate the Constitution’s provisions, creating a system of limited parliamentary sovereignty. In Britain, parliamentary sovereignty remains absolute, and courts cannot invalidate laws.
  • Federal Structure: India is a federal nation with a distribution of powers between the central and state governments, whereas Britain is a unitary state, concentrating power at the national level.

In summary, while both countries uphold parliamentary sovereignty, India’s approach is constrained by its written constitution and judicial review, whereas Britain’s is more flexible and absolute due to its unwritten constitution

5. विधायी कार्यों के संचालन में व्यवस्था एवं निष्पक्षता बनाए रखने में और सर्वोत्तम लोकतांत्रिक परम्पराओं को सुगम बनाने में राज्य विधायिकाओं के पीठासीन अधिकारियों की भूमिका की विवेचना कीजिए। 

Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.10 

Presiding Officers of state legislatures, such as the Speaker of the Legislative Assembly and Chairman of the Legislative Council, play a pivotal role in maintaining order, impartiality, and facilitating the best democratic practices within the legislative bodies. Their roles and responsibilities are essential for the smooth functioning of the state legislature. Here’s an overview of their roles:

Maintaining Order:

  • Enforcing Rules: Presiding Officers are responsible for enforcing the rules and procedures of the legislature. They ensure that debates, discussions, and proceedings adhere to established parliamentary norms.
  • Maintaining Decorum: They maintain decorum within the legislative chambers, preventing disruptions, unruly behavior, and conflicts among members.
  • Ruling on Points of Order: When disputes or disagreements arise regarding parliamentary procedures, the Presiding Officer rules on points of order, interpreting and applying the rules to maintain order.

Impartiality and Neutrality:

  • Impartial Chairmanship: Presiding Officers are expected to chair proceedings impartially, without displaying bias towards any political party or member. Their impartiality is crucial for building trust among legislators.
  • Neutrality in Voting: In cases where the Presiding Officer has a casting vote, they are expected to use it in the interest of maintaining neutrality and ensuring that decisions are made in the best democratic spirit.

However it has been seen many a times that presiding officer being the member of ruling party which is being expected to play  a neutral role instead of acting as neutral empire works in favour of Part in Power and some case like Mahrashtra, Uttrakhand assembly highlight these

The Presiding Officers of state legislatures are expected to perform their duties with utmost impartiality, fairness, and objectivity. They should not favour any party or group and should treat all members equally. They should uphold the dignity and honour of the House and promote its democratic functioning and in this aspect we need to adopt recommendation of Page committee and various recommendation of reports of Law commission to make this office politically neutral

6. मानव संसाधन विकास पर पर्याप्त ध्यान नहीं दिया जाना भारत की विकास प्रक्रिया का एक कठोर पक्ष रहा है। ऐसे उपाय सुझाइए जो इस अपर्याप्तता को दूर कर सके ।

The crucial aspect of development process has been the inadequate attention paid to Human Resource Development in India. Suggest measures that can address this  Development in India. Suggest m inadequacy. 10 

The inadequate attention paid to Human Resource Development (HRD) in India is indeed a significant challenge that needs to be addressed for sustainable development. HRD encompasses the development of skills, education, health, and overall well-being of the population. Here are some measures to address this inadequacy and promote HRD in India:

Invest in Education:

  • Increase public spending on education to ensure quality and accessible education at all levels, from primary to higher education.
  • Focus on improving the quality of education by investing in teacher training, infrastructure, and curriculum development.
  • Promote inclusive education by addressing issues of gender parity, access for marginalized communities, and reducing the dropout rate.

Enhance Skills Development:

  • Expand vocational education and training programs to equip youth with job-relevant skills.
  • Foster partnerships between educational institutions and industries to bridge the gap between academic qualifications and industry needs.
  • Promote lifelong learning and upskilling through adult education and skill development programs.

Healthcare Improvement:

  • Increase healthcare spending to improve access to quality healthcare services, particularly in rural and underserved areas.
  • Focus on preventive healthcare, immunization, and maternal and child health to reduce mortality rates and improve overall health outcomes.
  • Invest in research and development in the healthcare sector to address emerging health challenges.

Nutrition and Welfare:

  • Implement effective nutrition programs for children, pregnant women, and vulnerable populations to combat malnutrition.
  • Expand social welfare programs that provide financial and nutritional support to disadvantaged families.

Employment Generation:

  • Promote job creation through economic policies that encourage entrepreneurship, small and medium enterprises (SMEs), and the growth of labor-intensive industries.
  • Develop and implement strategies for addressing unemployment among youth, including targeted employment schemes.

Research and Innovation:

  • Encourage research and innovation by increasing funding for research institutions and promoting collaboration between academia, industry, and research organizations.
  • Develop a culture of innovation and entrepreneurship through initiatives like startup incubators and technology parks.

Digital Literacy:

  • Expand digital literacy programs to ensure that individuals have the skills to use digital technologies effectively.
  • Bridge the digital divide by providing access to the internet and digital infrastructure in rural and remote areas.

Women’s Empowerment:

  • Promote gender equality through policies that support women’s education, employment, and entrepreneurship.
  • Create a safe and inclusive environment for women in all sectors of society.

Monitoring and Evaluation:

  • Establish robust monitoring and evaluation mechanisms to assess the impact of HRD programs and make data-driven policy decisions.
  • Regularly review and update policies to adapt to changing socioeconomic conditions.

Public Awareness and Participation:

  • Raise public awareness about the importance of HRD and the role individuals can play in their own development.
  • Encourage community participation in local development initiatives.

Addressing the inadequacy of HRD in India requires a multi-dimensional approach involving government policies, private sector participation, civil society engagement, and active participation of citizens. A comprehensive strategy that prioritizes education, healthcare, skills development, and overall well-being of the population can lead to significant improvements in human resource development and contribute to the nation’s overall development and prosperity.

7. भारत में बहुराष्ट्रीय निगमों के द्वारा प्रभावशाली स्थिति के दुरुपयोग को रोकने में भारत के प्रतिस्पर्धा आयोग की भूमिका पर चर्चा कीजिए। हाल के निर्णयों का संदर्भ लें। 

  Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. Refer to the recent decisions. 10 

The Competition Commission of India (CCI) is the statutory body that regulates the competition in the Indian market and prevents the abuse of dominant position by any enterprise. The CCI has the power to impose penalties, issue cease and desist orders, and direct modifications of agreements or conduct that are found to be anti-competitive.

The Competition Commission of India (CCI) plays a critical role in regulating competition and preventing the abuse of dominant positions by Multi-National Corporations (MNCs) and other market entities in India. It ensures a level playing field in the market, safeguards consumer interests, and promotes fair competition. Recent decisions and cases demonstrate CCI’s efforts to contain the abuse of dominant positions by both domestic and multinational corporations:

1. Investigation and Scrutiny:

CCI conducts investigations into allegations of abuse of dominance. Recent cases include investigations into tech giants like Google and Amazon, examining their practices related to search engine bias, market access, and preferential treatment of sellers on e-commerce platforms.

2. Imposing Penalties:

CCI has the authority to impose fines and penalties on companies found guilty of abusing their dominant positions. In 2018, CCI imposed a significant penalty on Google for abusing its dominance in online web search and online advertising.

3. Promoting Fair Competition:

CCI actively monitors and regulates mergers and acquisitions to ensure they do not lead to anti-competitive practices. It has scrutinized MNC mergers and acquisitions to assess their impact on the market and competition.

4. Market Studies and Advocacy:

CCI conducts market studies and advocacy efforts to identify sectors and practices that may hinder competition. Recent studies include an examination of the e-commerce sector, where MNCs like Amazon and Walmart have a significant presence.

5. E-commerce and Platform Neutrality:

CCI has been investigating allegations of preferential treatment and bias on e-commerce platforms operated by MNCs. These investigations aim to ensure fair access and treatment for all sellers and customers.

6. Antitrust Enforcement:

CCI has actively pursued antitrust enforcement against MNCs that engage in anti-competitive behavior. It has issued cease and desist orders and imposed penalties in cases involving cartelization and abuse of dominant positions.


7. Balancing Innovation and Competition:

CCI recognizes the importance of fostering innovation while ensuring competition. Recent cases involving technology companies have addressed concerns related to market dominance without stifling innovation.

8. Promoting Consumer Welfare:

CCI’s decisions and actions are geared toward protecting consumer interests by ensuring competitive prices, choices, and access to quality products and services.

While CCI has been proactive in addressing anti-competitive practices, it faces ongoing challenges in effectively regulating MNCs due to the complexities of the global marketplace and the need for coordination with international regulatory authorities. Nonetheless, the CCI’s role in containing the abuse of dominant positions by MNCs in India is vital for maintaining a competitive and fair business environment and ensuring that the interests of Indian consumers and businesses are protected.

ADDITIONAL MATTER regarding cases

Some of the recent decisions of the CCI in this regard are:

    • In 2018, the CCI imposed a penalty of Rs. 1,337.76 crore on Google for abusing its dominant position in multiple markets in the Android Mobile device ecosystem, such as online general web search, online search advertising, app stores, and smart TV operating systems. The CCI found that Google had engaged in various practices that restricted the choice and innovation of device manufacturers and app developers, such as imposing pre-installation and exclusivity requirements, discriminating against rival apps, and using its dominance in one market to leverage another.
    • In 2019, the CCI dismissed a complaint against Ola and Uber alleging that they had abused their dominant position by charging excessive and discriminatory fares, engaging in predatory pricing, and creating entry barriers for new entrants. The CCI held that Ola and Uber were not dominant in the relevant market of radio taxi services in India, as there were other players offering similar services, such as Meru, Mega Cabs, Savaari, etc. The CCI also observed that the dynamic pricing mechanism used by Ola and Uber was based on the demand and supply conditions and was not arbitrary or unfair.
    • In 2020, the CCI ordered an investigation into Amazon and Flipkart for allegedly abusing their dominant position in the online retail market by entering into exclusive arrangements with preferred sellers, offering deep discounts, and favouring their own private labels. The CCI noted that these practices could have an adverse effect on the competition and consumer welfare in the market. The CCI also directed the Director General to examine the role of e-commerce platforms as intermediaries or marketplaces.

8. अभिशासन के एक महत्वपूर्ण उपकरण के रूप में ई-शासन ने सरकारों में प्रभावशीलता, पारदर्शिता और जवाबदेयता का आगाज कर दिया है। कौन-सी अपर्याप्तताएं इन विशेषताओं की अभिवृद्धि में बाधा बनती हैं ? 

e-governance, as a critical tool of governance, has ushered in effectiveness, transparency and accountability in governments. What inadequacies hamper the enhancement of these features? 10 

E-governance is the use of information and communication technologies (ICTs) to provide government services and information to citizens, businesses, and other stakeholders. E-governance can enhance the effectiveness, transparency, and accountability of governance by

improving the delivery, access, and participation of various actors in the public sector. However, there are some inadequacies that hamper the enhancement of these features, such as:

    • Technical issues: Security, privacy, and reliability of internet transactions are major concerns for e-governance, as they can affect the trust and confidence of the users. Moreover, interoperability and integration of different systems and platforms are also challenging for e-governance, as they require standardization and coordination among various agencies and departments¹.
    • Economic issues: Cost, funding, and sustainability of e-governance operations and services are also critical for their enhancement. Implementing and maintaining e-governance requires adequate resources, infrastructure, and human capital, which may not be available or affordable for many governments, especially in developing countries².
    • Social issues: Accessibility, awareness, and literacy of e-governance are also important factors that influence its enhancement. Many people in rural areas or marginalized groups may not have access to or awareness of e-governance due to language barriers, insufficient infrastructure, digital divide, or social norms. Moreover, many people may not have the necessary skills or knowledge to use e-governance effectively or efficiently³.

Therefore, to enhance the features of e-governance, such as effectiveness, transparency, and accountability, these inadequacies need to be addressed and overcome by adopting appropriate policies, strategies, and measures that can ensure the quality, security, affordability, inclusiveness, and usability of e-governance.

9. 'संघर्ष का विषाणु एस.सी.ओ. के कामकाज को प्रभावित कर रहा है' उपरोक्त कथन के आलोक में समस्याओं को कम करने में भारत की भूमिका बताइये । 

'Virus of Conflict is affecting the functioning of the SCO' In the light of the above statement point out the role of India in mitigating the problems. 10

The “Virus of Conflict” affecting the Shanghai Cooperation Organization (SCO) refers to regional tensions and disputes that can hinder the organization’s goals of promoting stability and cooperation among member states. India plays a significant role in mitigating these problems within the SCO.

  • Conflict Resolution: India, as a member of the SCO, actively engages in diplomatic efforts to resolve regional conflicts. Its participation contributes to dialogue and negotiation processes, such as those related to the Afghanistan situation, which is crucial for regional stability.
  • Counterterrorism: India cooperates with SCO members in countering terrorism and extremism, sharing intelligence and expertise. This collaboration enhances security and mitigates the risks posed by conflicts in the region.
  • Economic Cooperation : India’s economic engagement within the SCO fosters development and reduces the economic disparities that can fuel conflicts. It promotes trade, investment, and connectivity projects, contributing to regional prosperity.
  • Cultural Exchange : Cultural and people-to-people exchanges facilitated by India promote understanding and tolerance among member states, reducing the potential for conflict arising from misunderstandings or differences.

In summary, India’s active participation in the SCO demonstrates its commitment to mitigating conflicts and promoting cooperation within the organization. Its diplomatic, economic, and security contributions play a crucial role in addressing the “Virus of Conflict” and advancing the SCO’s objectives of regional peace and stability.

10. भारतीय प्रवासियों ने पश्चिम में नई ऊंचाइयों को छुआ है । भारत के लिये इसके आर्थिक और राजनीतिक लाभों का वर्णन करें। 

Indian diaspora has scaled new heights in the West. Describe its economic and political benefits for India. 10 

The Indian diaspora in the West has achieved remarkable success in various fields, such as technology, politics, business, and academia. For example, Sundar Pichai, the CEO of Google, and Ajay Banga, the President of Mastercard, are examples of Indian success stories in the West.

This has brought economic and political benefits for India, such as:

Economic benefits:

    • The Indian diaspora sends substantial remittances to India, which provide a source of foreign exchange and income for many families. In 2020, India received over $83 billion in remittances, making it the highest recipient of remittances globally³.
    • The Indian diaspora also invests in Indian businesses, startups, and real estate, creating jobs and opportunities for Indians. For example, prominent Indian-origin entrepreneurs in Silicon Valley like Vinod Khosla have played pivotal roles in funding and mentoring Indian startups¹.
    • The Indian diaspora promotes Indian culture and values across the globe, driving the tourism and entertainment industries. For example, Bollywood movies, yoga, and cuisine are popular among Western audiences².

Political benefits:

  • The Indian diaspora lobbies for favorable terms regarding India’s interests in the host countries. For example, they advocated for the Indo-US civil nuclear deal and the relaxation of H1B visa norms¹.
  • US exceptionalism : like US nuclear deal, Membership of dual use Groups
  • The Indian diaspora has many influential leaders and officials in the West who can support India’s position on global issues like climate change, trade, security, and terrorism. For example, Kamala Harris, the Vice President of the USA, and Rishi Sunak, the Chancellor of the UK, are of Indian origin².

11.“भारत का संविधान अत्यधिक गतिशीलता की क्षमताओं के साथ एक जीवंत यंत्र है । यह प्रगतिशील समाज के लिये बनाया गया एक संविधान है।" जीने के अधिकार तथा व्यक्तिगत स्वतंत्रता के अधिकार में हो रहे निरंतर विस्तार के विशेष संदर्भ में उदाहरण सहित व्याख्या कीजिए।  

"The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding horizons of the right to life and personal liberty. 15

The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society. This is evident from the way the Supreme Court of India has interpreted and expanded the scope of the right to life and personal liberty under Article 21 of the Constitution.

Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” This article has been construed by the Supreme Court to include not only the negative aspect of non-interference by the state, but also the positive obligation of the state to ensure the dignity, welfare, and well-being of the people. The right to life has been given a broad and comprehensive meaning, encompassing various facets of human existence.

Some of the dimensions of the right to life and personal liberty that have been recognized by the Supreme Court are:

    • Right to live with human dignity: The Supreme Court has held that the right to life includes the right to live with human dignity and all that goes along with it, such as adequate nutrition, clothing, shelter, health care, education, and decent environment.
      • Right to livelihood: The Supreme Court has held that the right to life includes the right to livelihood, as no person can live without the means of living. The state cannot deprive a person of his livelihood except by a just and fair procedure.
      • Right to privacy: The Supreme Court has held that the right to life includes the right to privacy, which is an intrinsic part of personal liberty. The state cannot interfere with the personal choices, preferences, and intimate matters of an individual, unless there is a compelling public interest.
      • Right to health and medical assistance: The Supreme Court has held that the right to life includes the right to health and medical assistance, as a healthy body is essential for enjoying all other rights. The state has a duty to provide adequate medical facilities and emergency care to all persons.
      • Right to sleep: The Supreme Court has held that the right to life includes the right to sleep, as it is essential for physical and mental health. The state cannot deprive a person of his sleep by causing noise pollution or other disturbances.
      • Right to die: The Supreme Court has held that the right to life includes the right to die with dignity, which implies the recognition of living wills and passive euthanasia for terminally ill patients. The state cannot force a person to prolong his suffering against his will.
      • Right to a healthy environment: The Supreme Court has held that the right to life includes the right to a healthy environment, as it is necessary for the survival and development of human beings. The state has a duty to protect and preserve the environment from pollution and degradation.

    These are some of the examples of how the Supreme Court has expanded the horizons of the right to life and personal liberty under Article 21. The Constitution of India is thus a living document that adapts itself to the changing needs and aspirations of a progressive society.

12. प्रासंगिक संवैधानिक प्रावधानों और निर्णय विधियों की मदद से लैंगिक न्याय के संवैधानिक परिप्रेक्ष्य की व्याख्या कीजिए। 

Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. 15

Gender justice is the concept of ensuring that no one is discriminated or denied justice on the basis of their gender. The Constitution of India, as a living document, reflects the aims and aspirations of the people to achieve gender justice in a progressive society. The Constitution provides various provisions to protect and promote the rights and interests of women and other genders, who have historically faced oppression and marginalization in the patriarchal society.

Some of the constitutional perspectives of gender justice are:

    • The Preamble of the Constitution declares the commitment to secure justice, equality, and dignity for all citizens, irrespective of their gender.
    • Article 14 guarantees equality before the law and equal protection of laws to all persons, without any discrimination based on gender or any other ground.
    • Article 15 prohibits discrimination by the state on the grounds of religion, race, caste, sex, or place of birth. It also empowers the state to make special provisions for the advancement of women and children, as well as for socially and educationally backward classes.
    • Article 16 ensures equality of opportunity in matters of public employment, and prohibits discrimination on the grounds of sex or any other ground. It also allows the state to make reservations for women and other backward classes in public services.
    • Article 21 guarantees the right to life and personal liberty to all persons, which has been interpreted by the Supreme Court to include various dimensions of gender justice, such as
        • right to privacy, right to health, right to reproductive choice, right to dignity, right to livelihood, right to education, right to shelter, and so on.
        • Article 23 prohibits trafficking in human beings and forced labour, which are often linked to gender-based violence and exploitation.
        • Article 24 prohibits employment of children below the age of 14 years in any factory or mine or any other hazardous occupation, which protects them from gender-specific harms such as child marriage, child prostitution, and child labour.
        • Article 39 directs the state to secure certain principles of social and economic justice in its policies, such as equal pay for equal work for men and women, adequate means of livelihood for all citizens, protection of health and strength of workers and children, prevention of abuse and exploitation of children and women, and promotion of equal justice and opportunity for men and women.
        • Article 42 directs the state to make provision for securing just and humane conditions of work and for maternity relief for working women.
        • Article 51A imposes certain fundamental duties on every citizen, such as to renounce practices derogatory to the dignity of women, to uphold and protect the sovereignty, unity and integrity of India, and to promote harmony and the spirit of common brotherhood among all people transcending religious, linguistic and regional or sectional diversities.
      • The Supreme Court of India has played a vital role in advancing gender justice through its judicial activism and interpretation of the constitutional provisions. Some of the landmark judgments that have upheld gender justice are:
        • C.B. Muthamma v. Union of India, where the Supreme Court struck down a discriminatory rule that required female diplomats to obtain prior permission from the government before getting married or resign from service if they did so without permission.
        • Vishaka v. State of Rajasthan, where the Supreme Court laid down guidelines to prevent sexual harassment at workplace, which was later codified by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
        • NALSA v. Union of India, where the Supreme Court recognized the rights of transgender persons as a third gender under Article 14 and 21, and directed the state to take measures to ensure their welfare and inclusion in society.
        • Shayara Bano v. Union of India⁴, where the Supreme Court declared the practice of triple talaq as unconstitutional and violative of the rights of Muslim women under Article 14 and 21.
        • Navtej Singh Johar v. Union of India⁵, where the Supreme Court decriminalized consensual homosexual relations between adults under Section 377 of the Indian Penal Code, 1860, and affirmed their rights under Article 14, 15, 19, and 21.
        • Joseph Shine v. Union of India⁶, where the Supreme Court struck down Section 497 of the Indian Penal Code, 1860, which made adultery a criminal offence only for men who had sexual intercourse with a married woman without her husband’s consent. The court held that this provision was discriminatory against both men and women, as it treated women as property of their husbands and denied them agency over their sexuality.

      These are some examples of how the Constitution provides a framework for achieving gender justice in India. However, there are still many challenges and gaps in implementation that need to be addressed by legislative reforms, administrative actions, social awareness, and cultural change. Gender justice is not only a legal issue but also a human rights issue that affects all aspects of life.

      Therefore, it is essential that all stakeholders work together to ensure that every person enjoys equal rights and opportunities, regardless of their gender.

13. संघीय सरकारों द्वारा 1990 के दशक के मध्य से अनुच्छेद 356 के उपयोग की कम आवृत्ति के लिये जिम्मेदार विधिक एवं राजनीतिक कारकों का विवरण प्रस्तुत कीजिए।

Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s. 15 

The reduced frequency of using Article 356 of the Indian Constitution by Union Governments since the mid-1990s can be attributed to a combination of legal and political factors. Article 356 empowers the President of India to impose President’s Rule in a state in case of a breakdown of constitutional machinery.

1. Sarkaria Commission Recommendations: The Sarkaria Commission, in 1988, made recommendations for the judicious use of Article 356, emphasizing that it should be invoked only as a last resort when all other options have been exhausted. This influenced the legal perspective, encouraging restraint in using Article 356.

2. Supreme Court Rulings: The Supreme Court of India has delivered several landmark judgments, such as the Bommai case (1994) and the S.R. Bommai vs. Union of India case (1994), which laid down guidelines for invoking Article 356. These rulings stressed that the use of Article 356 must be based on valid and compelling reasons, reducing its arbitrary use.

3. Emergence of Coalition Governments: The rise of coalition governments at the national level since the 1990s has made it politically challenging to misuse Article 356. Relying on this provision often necessitates support from coalition partners, which may not always be forthcoming.

4. Political Consensus: There has been a growing consensus among major political parties to avoid the misuse of Article 356 for partisan political gains. This consensus has developed as a response to public and political pressure to uphold the principles of federalism and democracy.

5. Strong State Governments: Many states have developed strong regional political parties and governments, which have been successful in resisting arbitrary use of Article 356 by asserting their regional and constitutional rights.

6. Evolving Democracy: As India’s democracy has matured, the political landscape has become more inclusive and diverse, reducing the likelihood of extreme situations where Article 356 might be seen as the only option.

In summary, legal reforms, Supreme Court directives, changing political dynamics, and the evolution of India’s democracy have collectively contributed to the reduced frequency of using Article 356 by Union Governments since the mid-1990s, emphasizing a more judicious and principled approach to its invocation.

14. भारत में राज्य विधायिकाओं में महिलाओं की प्रभावी एवं सार्थक भागीदारी और प्रतिनिधित्व के लिये नागरिक समाज समूहों के योगदान पर विचार कीजिए।

Discuss the contribution of civil society groups for women's effective and meaningful participation and representation in state legislatures in India. 15. 

Civil society groups have made significant contributions to advancing women’s effective and meaningful participation and representation in state legislatures in India. Their efforts have played a pivotal role in addressing gender disparities in politics and fostering a more inclusive democracy.

1. Advocacy for Policy Changes: Civil society organizations have been instrumental in advocating for policy changes and legal reforms that promote women’s participation in politics. Their lobbying efforts have led to the introduction of key legislations like the Women’s Reservation Bill, which seeks to reserve seats for women in state legislatures and the national parliament.

2. Capacity Building: Civil society groups conduct training programs and workshops to build the leadership and political skills of women. These programs empower women with the knowledge and confidence to engage in political processes, run for office, and effectively represent their constituencies.

3. Awareness Campaigns: They raise awareness about the importance of women’s political participation through campaigns and initiatives. These efforts challenge stereotypes, societal norms, and prejudices that hinder women’s entry into politics.

4. Support Networks: Civil society organizations establish support networks for women politicians, creating safe spaces for sharing experiences, strategizing, and seeking guidance. These networks help women overcome obstacles and navigate the male-dominated political landscape.

5. Research and Data Collection: They conduct research on gender issues in politics, collecting data on women’s representation and highlighting gaps and challenges. This data-driven approach is essential for evidence-based advocacy.

6. Monitoring and Accountability: Civil society groups monitor the performance of elected women representatives, ensuring they effectively represent their constituents and fulfill their campaign promises. This accountability mechanism strengthens women’s credibility in politics.

7. Grassroots Mobilization: Civil society organizations work at the grassroots level, mobilizing communities to support women candidates and encouraging voter turnout in favor of women leaders.

8. Legal Aid and Support: They provide legal aid and support to women facing discrimination or harassment in politics, ensuring that women’s rights are protected.

In conclusion, civil society groups have been instrumental in creating an enabling environment for women’s effective and meaningful participation in state legislatures in India. Their multifaceted efforts, from policy advocacy to grassroots mobilization, have contributed to breaking down barriers and promoting gender equality in Indian politics. Despite the challenges, these organizations continue to be catalysts for change in the realm of women’s political representation.

15. 101 वें संविधान संशोधन अधिनियम का महत्व समझाइए । यह किस हद तक संघवाद के समावेशी भावना को दर्शाता है? 

Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? 15 

The 101st Constitutional Amendment Act is a landmark legislation that introduced the Goods and Services Tax (GST) in India from 1 July 2017. GST is a single indirect tax that subsumes various central and state taxes, such as excise duty, service tax, value added tax, entry tax, etc., that were levied on the manufacture, sale, and consumption of goods and services. The significance of the 101st Constitutional Amendment Act can be understood from the following points:

    • It simplifies the tax structure and reduces the multiplicity of taxes, thereby creating a common national market and enhancing the ease of doing business.
    • It eliminates the cascading effect of taxes, that is, the tax on tax, and ensures that the final consumer bears only the GST charged by the last dealer in the supply chain.
    • It increases the tax base and revenue collection by bringing more economic activities under the tax net and improving compliance.
    • It reduces the tax evasion and corruption by introducing a transparent and technology-driven system of online registration, payment, and filing of returns.
    • It promotes cooperative federalism by creating a dual GST system, where both the centre and states have concurrent powers to levy and collect GST on intra-state transactions, while the centre has exclusive power to levy and collect GST on inter-state transactions. 
        • The centre also transfers a part of its revenue to the states to compensate for any loss of revenue due to GST implementation.
        • It fosters consensus and coordination among the centre and states by establishing the GST Council, a constitutional body comprising representatives of both levels of government, to make recommendations on various aspects of GST, such as rates, exemptions, thresholds, etc.

      The 101st Constitutional Amendment Act reflects the accommodative spirit of federalism to a large extent, as it involves a significant devolution of fiscal powers from the centre to the states, as well as a collaborative mechanism for decision-making on GST matters. The centre has given up its exclusive right to tax services and shared it with the states, while the states have given up their exclusive right to tax goods at the point of sale and agreed to adopt a destination-based principle for GST. The centre has also agreed to compensate the states for any revenue shortfall for five years after GST implementation. The GST Council provides a platform for dialogue and deliberation among the centre and states on various issues related to GST, such as rates, slabs, exemptions, etc., and ensures that decisions are taken by consensus or by voting with a three-fourths majority. Thus, the 101st Constitutional Amendment Act demonstrates a cooperative and collaborative approach to federalism in India.

16. संसदीय समिति प्रणाली की संरचना को समझाइए । भारतीय संसद के संस्थानीकरण में वित्तीय समितियों ने कहां तक मदद की? 

Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of Indian Parliament ? 15

The Parliamentary Committee system in India is an essential component of the country’s parliamentary democracy. It plays a crucial role in scrutinizing government actions, ensuring transparency, and promoting accountability. The financial committees, in particular, have significantly contributed to the institutionalization of the Indian Parliament.

The structure of the Parliamentary Committee system in India comprises several types of committees, with financial committees being a subset. The key financial committees include:

1. Public Accounts Committee (PAC): This committee examines the audit reports of the Comptroller and Auditor General (CAG) and assesses the government’s financial transactions. It holds the executive accountable for financial irregularities and inefficiencies.

2. Committee on Estimates: This committee evaluates the estimates of government expenditure, ensuring that funds are allocated efficiently and in line with national priorities.

3. Committee on Public Undertakings (COPU): COPU examines the performance of public sector enterprises, ensuring their accountability and efficiency.

These financial committees have played a vital role in institutionalizing the Indian Parliament in the following ways:

1. Oversight of Government Finances: The financial committees ensure that government expenditures are made judiciously and in compliance with budgetary provisions, thereby preventing fiscal mismanagement.

2. Accountability and Transparency: They provide a platform for lawmakers to scrutinize government actions, holding the executive accountable for financial decisions and ensuring transparency in financial matters.

3. Checks and Balances: These committees act as checks on the government’s financial powers, promoting a system of checks and balances within the parliamentary framework.

4. Recommendations for Improvement: The committees often make recommendations to enhance the efficiency of government programs, contributing to better governance.

5. Education and Expertise: Committee members gain expertise in financial matters, which strengthens their ability to make informed decisions during parliamentary debates.

In conclusion, the financial committees within the Indian Parliamentary Committee system have played a pivotal role in institutionalizing the Parliament by ensuring financial accountability, transparency, and efficient use of public funds. They serve as essential pillars of India’s democratic framework, contributing to the overall development and stability of the nation.

17. “वंचितों के विकास और कल्याण की योजनाएं अपनी प्रकृति से ही दृष्टिकोण में भेदभाव करने वाली होती हैं।" क्या आप सहमत हैं ? अपने उत्तर के पक्ष में कारण दीजिए। 

“Development and welfare schemes for the vulnerable, by its nature, are discrimi- 15 natory in approach.” Do you agree ? Give reasons for your answer.

Whether development and welfare schemes for the vulnerable are discriminatory in approach depends on how they are structured and implemented. On the one hand, these schemes often target specific groups of people, such as women, minorities, or the poor. This can be seen as discriminatory in the sense that it treats different segments of the population differently. On the other hand, these schemes are often designed to address historical injustices and promote social equity. In this sense, they can be seen as a form of positive discrimination.

Points in favour

  • Targeted Approach: Development and welfare schemes often target specific vulnerable or disadvantaged groups, such as low-income individuals, scheduled castes, scheduled tribes, or persons with disabilities. This targeted approach can be seen as discriminatory as it singles out particular groups for assistance.
  • Resource Allocation: Focusing resources on vulnerable groups may result in fewer resources being available for other sections of the population, which can be perceived as discrimination against those who do not qualify for assistance.
  • Exclusionary Effect: In some cases, welfare schemes may inadvertently exclude certain vulnerable groups due to eligibility criteria, administrative hurdles, or lack of awareness. This exclusion can be seen as discriminatory against those left out.

Points in opposition

  • Affirmative Action: Development and welfare schemes for vulnerable groups are often a form of affirmative action aimed at rectifying historical injustices and addressing systemic inequalities. They are not meant to discriminate but to provide opportunities and level the playing field.
  • Equity and Inclusivity: Such schemes are designed to promote equity and inclusivity in society. They recognize that not all groups have equal access to resources, opportunities, and services and seek to rectify these disparities.
  • Social Justice: The principle of social justice underpins many welfare schemes. It emphasizes the need to ensure that the most disadvantaged members of society receive assistance to improve their quality of life.
  • Mitigating Discrimination: Development schemes often work to mitigate discrimination and prejudice faced by vulnerable groups, promoting their social and economic integration.
  • Holistic Development: Many welfare schemes aim at holistic development, focusing on education, healthcare, employment, and social security for the vulnerable. This approach aligns with principles of human rights and dignity.
  • Inclusive Growth: In the long run, policies that uplift the most vulnerable contribute to overall economic and social development, benefiting society as a whole. In this sense, they are not discriminatory but rather inclusive.

In conclusion, whether development and welfare schemes for vulnerable groups are discriminatory or not depends on how they are designed and implemented. While they may appear to single out specific groups, their intention is generally to rectify historical injustices, reduce disparities, and promote social justice and inclusivity. The ultimate goal is to create a more equitable and just society where all individuals have the opportunity to lead dignified and fulfilling lives.

18. विभिन्न क्षेत्रों में मानव संसाधनों की आपूर्ति में वृद्धि करने में कौशल विकास कार्यक्रमों ने सफलता अर्जित की है । इस कथन के सन्दर्भ में शिक्षा, कौशल और रोजगार के मध्य संयोजन का विश्लेषण कीजिए। 

Skill development programmes have succeeded in increasing human resources supply to various sectors. In the context of the statement analyse the linkages between education, skill and employment.15 

The linkages between education, skill development, and employment are intricate and fundamental to fostering economic growth and individual prosperity. Skill development programs play a vital role in bridging the gap between education and employability.

Education provides individuals with a foundational knowledge base, critical thinking skills, and a broader perspective on the world. However, traditional education often falls short in imparting practical skills demanded by the job market. This is where skill development programs come into play. They complement formal education by offering specialized, job-specific training, making individuals more job-ready.

Furthermore, skill development programs cater to the evolving needs of various sectors. They align training with the demands of the labor market, ensuring that individuals acquire skills that are relevant and in demand. This alignment enhances employability, as individuals possess the competencies required by industries.

The success of skill development programs lies in their ability to equip individuals with marketable skills, thus increasing the supply of qualified human resources to different sectors. This, in turn, contributes to economic growth, as skilled workers boost productivity and innovation.

Moreover, the interplay between education and skill development is cyclical. A strong education system can lay a solid foundation for skill development, while skill development programs can enhance the value of education by translating theoretical knowledge into practical applications. It’s a symbiotic relationship where both components complement and reinforce each other.

In conclusion, education and skill development are intricately linked, with employment being the ultimate outcome. Skill development programs serve as a bridge between education and employment by imparting job-relevant skills, increasing the supply of skilled labor, and fostering economic growth. A well-rounded education system that incorporates skill development is essential for individual and societal progress in today’s dynamic job market.

19. नाटो का विस्तार एवं सुदृढीकरण, और एक मजबूत अमेरिका-यूरोप रणनीतिक साझेदारी भारत के लिये अच्छा काम करती है।' इस कथन के बारे मे आपकी क्या राय है ? अपने उत्तर के समर्थन में कारण और उदाहरण दीजिये । 

"The expansion and strengthening of NATO and a stronger US-Europe strategic partnership works well for India.' What is your opinion about this statement? Give reasons and examples to support your answer. 15 

India shares common values and interests with the transatlantic alliance, and that such a partnership can help balance China’s growing influence and assertiveness in the Indo-Pacific region. However, this statement can be challenged from different perspectives, such as India’s historical non-alignment policy, its strategic autonomy and multipolarity vision, its complex relations with China and Russia, and its own regional and global ambitions.

On the one hand, India can benefit from cooperating with NATO on various issues of mutual concern, such as counter-terrorism, maritime security, cyber security, climate change, and Emerging technologies. India and all NATO members together account for one-third of the world’s total population . The two share common values and the interest to protect them. At the same time, they have shared concerns vis-à-vis security and economic challenges, as well as competitors and threats . India has already deepened its bilateral strategic relations with the United States and other NATO members, such as France, Germany, and the United Kingdom. India has also participated in multilateral initiatives that involve NATO members, such as the Quad, the Indo-Pacific Oceans Initiative, and the International Solar Alliance. Therefore, engaging with NATO can be seen as a natural extension of India’s existing partnerships.

On the other hand, India may face some challenges and dilemmas in aligning itself too closely with NATO and the US-Europe strategic partnership. First, India has a long tradition of pursuing a non-aligned and independent foreign policy that does not favor any bloc or alliance. India has been wary of being drawn into other countries’ conflicts or agendas that may not serve its own interests or values. India has also advocated for a multipolar world order that respects the diversity and sovereignty of all nations. Second, India has complex and nuanced relations with China and Russia, two countries that are often seen as adversaries or rivals by NATO. India has border disputes and strategic competition with China, but also economic cooperation and cultural exchanges. India has historical friendship and defence cooperation with Russia, but also divergent views on some regional and global issues. India may not want to jeopardize its relations with these two countries by joining an alliance that is perceived as hostile or antagonistic by them. Third, India has its own regional and global aspirations that may not always align with those of NATO or the US-Europe partnership. India wants to play a leading role in shaping the Indo-Pacific region according to its own vision and interests. India also wants to have a greater voice and representation in international institutions and forums. India may not be satisfied with being a junior partner or a follower of an alliance that is dominated by Western powers.

In conclusion, the statement that the expansion and strengthening of NATO and a stronger US-Europe strategic partnership works well for India is not a simple or straightforward one. It depends on how India defines its national interests, values, and goals, as well as how it balances its relations with different countries and groups in a changing world order. India may seek to cooperate with NATO on some issues while maintaining its strategic autonomy and flexibility on others. India may also try to find common ground with both NATO and its competitors or adversaries on some issues while asserting its own position and perspective on others. In other words, India may try to slip between the walls of rules like the gods in Indian mythology.

20. 'समुद्र ब्रह्मांड का एक महत्वपूर्ण घटक है' उपरोक्त कथन के आलोक में पर्यावरण रक्षण और समुद्री संरक्षा एवं सुरक्षा को बढ़ाने में आई. एम. ओ. (अंतर्राष्ट्रीय समुद्री संगठन) की भूमिका पर चर्चा करें। 

'Sea is an important Component of the Cosmos' Discuss in the light of the above statement the role of the IMO (International Maritime Organisation) in protecting environment and enhancing maritime safety and security.15

India shares common values and interests with the transatlantic alliance, and that such a partnership can help balance China’s growing influence and assertiveness in the Indo-Pacific region. However, this statement can be challenged from different perspectives, such as India’s historical non-alignment policy, its strategic autonomy and multipolarity vision, its complex relations with China and Russia, and its own regional and global ambitions.

On the one hand, India can benefit from cooperating with NATO on various issues of mutual concern, such as counter-terrorism, maritime security, cyber security, climate change, and The statement “Sea is an important component of the Cosmos” underscores the significance of the Earth’s oceans in the broader context of our planet and the universe. Indeed, the seas are integral to our planet’s ecosystems, climate regulation, and overall balance. Recognizing this importance, the International Maritime Organization (IMO) plays a pivotal role in safeguarding the environment and enhancing maritime safety and security.

Firstly, the IMO sets global standards and regulations for shipping operations, including emissions, ship design, and navigation. Through measures like the International Convention for the Prevention of Pollution from Ships (MARPOL), the IMO strives to reduce maritime pollution, acknowledging that the sea’s health is interconnected with the health of the planet.

They’ve also introduced the Energy Efficiency Existing Ship Index (EEXI) and the Carbon Intensity Indicator (CII) to curb greenhouse gas emissions from ships, contributing to environmental protection.

Secondly, the IMO enhances maritime safety through the Safety of Life at Sea (SOLAS) convention, establishing safety protocols and guidelines for ship construction, equipment, and operations. This ensures that vessels navigating the vast oceans are well-prepared to handle emergencies, minimizing risks to human life and the marine environment.

Additionally, the IMO strengthens maritime security by addressing piracy, terrorism, and unlawful activities at sea. Instruments like the International Ship and Port Facility Security (ISPS) Code help fortify port and ship security, safeguarding global trade routes and maritime infrastructure.

In conclusion, the IMO plays an indispensable role in preserving the sea’s environmental integrity, ensuring maritime safety, and bolstering security. By doing so, it recognizes that the sea is not just a component of our cosmos but a critical regulator of our planet’s well-being and interconnected with the broader global ecosystem.

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