Q & A : Do you think that the Constitution of India does not accept the principle of strict separation of powers
Do you think that the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain India, the land of diversity has its Governance mechanism designed in a way to protect and promote its Unity and Diversity hand in hand. The constitutional supremacy through checks and balances ensures that neither of organs of governance viz. The legislature, Judiciary or Executive doesn’t become authoritative. Executive and Legislature The Constitution of India states that the Executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (House of the People). This implies that Parliament should oversee the work of the government and hold it responsible for its actions and omissions. Members of Parliament also have the responsibility of passing laws, authorising the expenditure of the government, and representing the interests of their constituencies. While the legislature holds the Executive accountable through parliamentary proceedings, the executive which holds the majority ensures the parliament doesn’t become an obstacle for the Governance. The executive can even recommend the dissolution of the legislature. Checks and Balances were also one of the primary reasons for India to adopt a Parliamentary system rather than a presidential system of governance. Legislature and Judiciary The doctrine of separation of powers implies that each pillar of democracy – the executive, legislature and the judiciary – perform separate functions and act as separate entities. The executive is vested with the power to make policy decisions and implement laws. The legislature is empowered to issue enactments. The judiciary is responsible for adjudicating disputes. The doctrine is a part of the basic structure of the Indian Constitution, Even though it is not specifically mentioned in its text. Thus, no law may be passed and no amendment may be made to the Constitution deviating from the doctrine. Different agencies impose checks and balances upon each other but may not transgress upon each other’s functions. Thus, the judiciary exercises judicial review over executive and legislative action, and the legislature reviews the functioning of the executive. There have been some cases where the courts have issued laws and policy related orders through their judgements. Eg: The order of the Court directing the Centre to distribute food grains (2010). The appointment of the Special Investigation Team to replace the High-Level Committee established by the Centre for investigating black money deposits in Swiss Banks. Concerns: To see that judicial activism does not become judicial adventurism the courts must act with caution and proper restraint. The judiciary should act only as an alarm bell. There has been some discussion on the issue of activism by the judiciary, Also it must be noted that there are also instances of the legislature using its law-making powers to reverse the outcome of some judgements. ( eg: Issues regarding Customs Amendment and Validation Bill, 2011 issue) Join MainSure 2022 Mains Answer Writing Practice Executive and Judiciary The extra-constitutional measures of the executive can be quashed by the judiciary as ultra vires. Through the principle of Separation of powers enshrined under Directive Principles of State Policy under Article 50, a great emphasis has been laid down on separating judiciary and executive. The higher judiciary also has the power to strike down laws and actions of the Executive as invalid, if they violate the Constitution. This is called the power of judicial review. Though there is no clear delineation, The Constitution provides for a separation of powers between Executive, Legislature and the Judiciary by demarcating their roles and responsibilities. It also lays down various ways by which (i) the Judiciary may guard against the unconstitutional exercise of power by Parliament, and (ii) Parliament may legislate on or act as a check-in matter related to the Judiciary. So Each institution acts as a check and balance on the others’ powers
Gig Economy
Gig Economy A gig economy is a free market system in which temporary, flexible jobs are commonplace and companies tend toward hiring independent contractors and freelancers instead of full-time employees. A gig economy undermines the traditional economy of full-time workers who rarely change positions and instead focus on a lifetime career. The gig economy can benefit workers, businesses, and consumers by making work more adaptable to the needs of the moment and demand for flexible lifestyles. At the same time, the gig economy can have downsides due to the erosion of traditional economic relationships between workers, businesses, and clients. Benefits Competition and efficiency among workers improved. Increase in operational efficiencies and reduction in project cost saved training time in organizations. There is a wide range of choices for the employment seeker as well as the job provider as proximity to the workplace does not matter here. People also change jobs several times. No fixed working hours hence women have more flexible working hours. Retired people can also stay active after retirement as this will keep them engaged. The travel costs and energy to travel to the workplace is reduced since work at home is possible. Employers hire people for specific projects and pay them. This is more economical for them. Factors promoting Gig Economy In this digital age, the workforce is highly mobile and work can be done from anywhere. Short term contract will be safe for the firms, as it avoids long term obligations. Software and technological changes taking away human efforts contributed to the gig economy. The uncertain business climate also tempted companies to go for short-term labours. Challenges faced in Gig economy There are no labour welfare emoluments like pension, gratuity etc for the workers. Gig workers may face unfair termination. They may also attain minimum wages and less paid leave. Workers do not have the bargaining power to negotiate a fair deal with their employers. Banks and other financial service providers resist extending lines of credit when steady income is not assured in situations where teamwork is essential and gig worker teams will likely produce tardy, inconsistent and poor output. Unionization of workers will be difficult. Confidentiality of documents etc of the workplace is not guaranteed The gig economy is not accessible for people in many rural areas where internet connectivity and electricity is unavailable. The social welfare objectives can be neglected if business and profitable avenues of freelancing are prioritized. Read Also, Financial Action Task Force (FATF) Gig Economy in India Companies hire gig workers on a project-to-project basis. In India, freelancing as an employment option has not yet reached the rural landscape. The gig economy in India is being fuelled by start-ups. India can learn from developed countries like the US and basic training and courses on freelancing, etc. India can engage with the European Union and the United States and the discussion on the protection of the gig economy is already underway. In India, the Union government hired freelancers to digitization of documents as part of the Digital India initiative. Conclusion Gig workers control their employment with respect to the type of job they want to undertake and the time they wish to put in towards such a job. An estimated 56% of new employment in India is being generated by the gig economy companies across both the blue-collar and white-collar workforce. The labour legislation in India has been enacted to ensure that the employees and certain eligible workers, including contract workers, are entitled to all the benefits they require to sustain themselves. Hence in India, minimum wages, paid leave provisions and maternity benefits should also be available to workers. Companies should also introduce peer-to-peer mentoring and establish sharing platforms, both offline and online, to enable workers to connect among themselves Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Self Help Group (SHG)
Self-help group Self Help Groups (SHGs) are small groups of poor people. The members of an SHG face similar problems. They help each other, to solve their problems. SHGs promote small savings among their members. The savings are kept with the bank. This is the common fund in the name of the SHG. SHG is an informal group and registration under any Societies Act, State cooperative Act or a partnership firm A Self Help Group is defined as a “self-governed, peer controlled information group of people with a similar socio-economic background and having a desire to collectively perform a common purpose.” Objectives To inculcate the savings and banking habits among members. To secure them from financial, technical and moral strengths. To enable availing of loan for productive purposes. To gain economic prosperity through loan/credit. To gain from collective wisdom in organising and managing their own finance and distributing the benefits among themselves. To sensitize women of the target area for the need of SHG and its relevance in their empowerment. To enhance the confidence and capabilities of women. To motivate women taking up social responsibilities particularly related to women development. It acts as the forum discussion. SHG movement in India Formation of SHGs for savings and credit and their linkage to commercial banks was initiated in India by MYRADA (Mysore Resettlement and Development Agency), an NGO, in the mid-1980s. However, SHGs as a tool to address poverty became significant only when the Reserve Bank of India (RBI) issued a circular in 1992 to link about 500 groups under the NABARD-SHG bank linkage pilot program. This success has led to mainstreaming of SHGs into the financial landscape and especially the Indian banking system, with about 94 million poor linked with banks through 7.5 Million SHGs, availing them of collateral-free credit. As a part of the poverty alleviation measures, the Government of India launched the Swarnjayanti Gram Swarozgar Yojna (SGSY) in April 1999 where the major emphasis is on SHG formation, social mobilization and economic activation through micro-credit finance This success led to the genesis of a massive community mobilization initiative by the Government of India as National Rural Livelihoods Mission (NRLM) in 2011 Benefit of SHGs Social and financial inclusion Women empowerment and Gender Equity – SHGs empowers women and inculcates leadership skills among them. Empowered women participate more actively in gram sabha and elections. Pressure Groups – their participation in the governance process enables them to highlight issues such as dowry, alcoholism, the menace of open defecation, primary health care etc and impact policy decisions. Voice to marginalized section of the society. Improving the efficiency of government schemes and reducing corruption through social audits. Alternate source of employment – it eases dependency on agriculture by providing support in setting up micro-enterprises e.g. personalised business ventures like tailoring, grocery, and tool repair shops. Impact on Housing & Health – The financial inclusion attained through SHGs has led to reduced child mortality, improved maternal health and the ability of the poor to combat disease through better nutrition, housing and health – especially among women and children. Read Also Poshan Abhiyaan Challenges Lack of knowledge and proper training. Lack of supporting infrastructure and supporting facilities like credit, marketing facilities, etc Poor repayment of loans affecting making banks reluctant to lend further. Patriarchal mindset and Social stigma on women engaging in the public sphere Diversion of money for unproductive purposes Poor penetration of SFGs in high poverty states like UP, Bihar, etc Case studies Kudumbasree in Kerala: Since 1998 kudumbasree has played a crucial role in the socio-economic-political development of the state. Pramila bisoi, a SHG worker from Odisha has won the 17th Lok sabha election. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. jon now
Inner-line permit system in North-East India
Inner-line permit system in North-East India What is an ILP? An Inner Line Permit is an official travel document required by Indian citizens to visit or stay in states and regions where it is applicable. Arunachal Pradesh, Mizoram and Nagaland (except the city of Dimapur) are currently under the ILP system, and Indian citizens who do not belong to these regions need to have the document to visit or stay. Outsiders cannot overstay the timeline mentioned in their permits. An ILP is issued by the state government concerned. It can be obtained after applying either online or physically. It states the dates of travel and also specifies the particular areas in the state which the ILP holder can travel to. Different types of permits are provided based on the period of stay, For tourists For tenants For other employment purposes. Origin of ILP The system is an offshoot of the colonial-era Bengal Eastern Frontier Regulations, 1873. The British had brought in these regulations to protect the commercial interest of the crown by regulating entry and exit of Indian citizens from outside these regions for the purpose of trade. After Independence; the Government of India chose to keep the ILP to protect the interests of the indigenous tribal communities of the Northeast. The words, “British subjects (Indians)”, in the original regulations were replaced by “Citizen of India”. Read Also Nagaland Peace Accord Why it is needed? To avoid and control the flow of illegal migrants mainly from neighbouring countries and limit Migrants from other states. To guard and protect the culture, tradition and social values of the inhabitants of the particular areas. Concerns with regard to CAB: The Citizenship (Amendment) Bill aims to make it easier for non-Muslim refugees from Bangladesh, Pakistan, and Afghanistan to obtain Indian citizenship. If it is implemented with provisions for excluding from its ambit the states under the ILP regime, it means that beneficiaries under CAB will become Indian citizens but will not be able to settle in these three states. As a matter of fact, the same restriction applies to existing Indian citizens. Arunachal Pradesh and Nagaland are not among those drastically affected by migration from Bangladesh. Mizoram shares a border with Bangladesh. The three states that have seen the highest migration, however, are Assam, Tripura and Meghalaya, none of which has an ILP system. While Meghalaya has amended law, it is not yet clear what exact rules, visitors to the state would be subjected too. And officially, it has not been said to be a replication of the ILP regime. Demands for an ILP system have been made in various Northeastern states. The North East Students’ Organisation, an umbrella body of all-powerful students’ bodies of the regions, said in a press statement last month that it “reiterates its demand for the overall implementation of the Inner Line Permit (ILP) in all NE states”. Last year, the Manipur People Bill, 2018 was passed unanimously by the state Assembly and now is said to be awaiting Presidential assent. The Bill puts several regulations on ‘outsiders’ or ‘non-Manipuri people’ in the state. The Bill had undergone series of negotiations regarding defining the “Manipuri” people, after which a consensus was reached regarding 1951 as the cut-off year for the definition. In Assam too, there have been demands by certain sections for the introduction of ILP. Groups like the Asom Jatiyatabadi Yuba Chatra Parishad, a youth organisation, has been organising protest demonstrations seeking ILP throughout the state. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
India and Terrorism
Terrorism (UN Definition) Terrorism – “Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for particular purpose are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them”. Terror is not a new phenomenon to India and has been a growing concern since Independence. India currently faces different types of terrorism, includes: Externally sponsored terrorism Hinterland terrorism Urban terrorism Leftwing extremism Northeast insurgency Religious terrorism Cyber Nuclear Externally sponsored terrorism: Terrorism sponsored by external actors for disrupting the peace of the Nation, it dates back to 1947 and still continues. Eg: Pakistan intelligence backed the Khalistan movement in Punjab. The insurgency movements in J&K was directly funded and trained by the intelligence of Pakistan. On the Eastern borders, China has been involved with the northeast insurgency groups like the ULFA, PLA, UNLF etc. aiming the separation of the northeast from India. Hinterland terrorism: It refers to terrorism in the interior areas which are usually away from the coast. These areas are often disadvantaged compared to other regions in terms of development. Eg: insurgency in the Naxal-hit areas. Urban terrorism: Urban terrorism is the targeted use of terrorism in urban populations in order to cause the most harm, injury, death, or property damage. Since urban areas have significantly higher population densities than rural areas, targeting those areas can maximize the effect of the terrorist attack. Eg: The wave of terrorism witnessed in Punjab, it was unleashed in cities like Amritsar, Jalandhar etc. Leftwing extremism: It is an ongoing conflict between Maoist groups, known as Naxalites or Naxals, and the Indian Government. Deprivation, land alienation and exploitation of the underprivileged and the tribals have repeatedly been the reason for a popular uprising in the country even prior to independence. Religious terrorism: Religious terrorism in India includes acts of violence by followers of one religious group against followers and institutions of another religious group, often in the form of rioting. Eg: Radical Islamic groups, Hindu right-wing extremism, Sikh militancy etc. Cyber terrorism: A criminal act perpetrated by the use of computers and telecommunication capabilities resulting in violence, destruction and/or disruption of services to create fear within a given population with a goal of influencing a government or population to conform to a particular political, social or ideological agenda. “ According to the U.S. Federal Bureau of Investigation, “ Cyber terrorism is any premeditated, politically motivated attack against information, computer systems, computer programs, and data which results in violence against non-combatant targets by subnational groups or clandestine agents.” Read Also Terrorism Financing Nuclear terrorism: Nuclear terrorism is an offence committed if a person unlawfully and intentionally uses any way radioactive material with an intention to cause death or serious bodily injury, or with the internet to cause substantial damage to property or to the environment. Reasons for the spread Under development, alienation, exploitation, discrimination led to discontent among certain section of people. Regional disparity. Easy use of technology such as mobile phones, computer, pager etc in the encrypted mechanism for the conduct of terrorism. Targets of terrorism are not concentrated on a particular place such as religious location but rather it is more widespread (financial, commercial, tourist or software centres) in order to catch more attention at national and international level. Use of social media and communication to radicalize and recruit young people for conducting acts of terrorism. Competition for scarce resources and intolerance among the population. Some countries support terrorist groups and internationally recognize them as freedom fighters. The terrorist of one country is considered a freedom fighter for another country. The link between terrorism and organized crime to earn easy money and smuggling. Sources of terrorism financing It is believed that the terrorist are financially supported through various ways:- Donation from Islamic countries in the name of Jihad. Earnings from drug trafficking. Issuing fake currency notes. Organized crime. Hawala transactions. Extortion and taxation Read Also The Financial Action Task Force (FATF) Strategies adopted by India Agencies fighting terror NIA: A central government investigative agency to probe terror attacks in the country, created by an Act of the Parliament of India on December 31, 2008, following the Mumbai Terror Attack of November 2008. Intelligence agencies: There are a set of agencies responsible for fighting terrorism in India. A major agency utilized for gathering cross-border information is the Research and Analysis Wing (RAW)- the external intelligence agency. The Intelligence Bureau (IB), a division of the Home Affairs ministry is responsible for collecting intelligence information inside India. NATGRID: National Intelligence Grid is an intelligence grid interconnecting certain agencies of the government of India to collect and share intelligence that could be used by the intelligence agencies of various departments. Multi-Agency Centre (MAC): it is for counterterrorism whose mandate is to share terrorism-related intelligence inputs on a day to day basis. Armed forces: it directly deals with the terrorism and insurgency problems in J&K and in north-east parts of the country. Creation of four new NSG hubs: the inadequate security forces was addressed by opening four new NSG hubs at Mumbai, Kolkata, Chennai and Hyderabad. Police force: The police is the first to respond to a terrorist attack in our country. They take over the situation until the designated special encounter terrorist forces reach the spot. CAPF: Centre Armed Police Forces are used extensively in Maoist areas, Kashmir and North-East. Legal mechanism TADA 1985: TADA was the first anti-terrorism law enacted in India and it was repealed in 1995 due to its misuse. The law placed a restriction on granting bails and gave enhanced power for the detention of suspects and attaching the properties of the accused. Exclusive courts were also set up to hear the cases under the act. POTA 2002: It was enacted in the wake of India Airlines flight hijack in 1999 and Parliament attack in 2001. Under this act, a suspect can be detained up to 180 days by a special court. This was repealed in 2004. UAPA 1967: Under
Public Administration Daily Answer Writing Challenge for UPSC 2020
Public Administration Daily Answer Writing Challenge for UPSC 2020 Hello All, After a long time, we are bringing back the daily answer writing challenge for Public Administration. This is a daily answer writing program for public administration optional. The main highlight of the programme is it have a detailed analysis and evaluation by our mentors. This program is free of cost. This is a daily practice section with 2 questions per day There will be NO questions on Sunday. Your answers will be evaluated by our mentors on a priority basis. The evaluation sessions are handled by aspirants who got 300+ in Public Administration in Civil Service examination Program is designed with an objective to complete the syllabus by January. Public Administration Daily Answer Writing Challenge Day 1 https://youtu.be/y-o4-3nKKQc Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Public Administration Daily Answer Writing Challenge-UPSC 2020 – Day 1
Public Administration Daily Answer Writing Challenge For UPSC 2020 Day 1 Question 1 “Public Administration is constantly being reinvented because it is contextual.” Elaborate. Question 2 “Public Administration and its scope are defined by the activities of the government.” Evaluate Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Criminal Justice Reforms
Criminal Justice Reforms Criminal Justice System in India is an age-old system primarily based upon the Penal legal system that was established by the British Rule in India. It is established by a government to control crime in the country. It protects the rights and personal liberty of individuals and the society against its invasion by others. It can impose penalties on those who violate the established laws. The Criminal law in India is justified in various sources like The Indian Penal Code of 1860, the Protection of Civil Rights Act, 1955, Dowry Prohibition Act, 1961 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Why reforms are needed? Criminal law is considered to be the most apparent expression of the relationship between a state and its citizens, so the following are to be considered: Victimological underpinnings ought to be given a major thrust in reforming laws to identify the rights of crime victims. Construction of new offences and reworking of the existing classification of offences must be informed by the principles of criminal jurisprudence which have substantially altered in the past four decades Chapters of the IPC are overloaded at several places. Unprincipled criminalisation must be avoided to save the state from dealing with too many entrants into the criminal justice system. Malimath Committee and its relevance: The government formed a panel to suggest reform in the century-old criminal justice system. It was headed by Justice V.S. Malimath, the former Chief Justice of Kerala and Karnataka in 2000. It had the task of examining the fundamental principles of criminal law so as to restore confidence in the criminal justice system. This also involved reviewing the Code of Criminal Procedure (CrPC), 1973, the Indian Evidence Act, 1872, and the Indian Penal Code (IPC), 1860. A report was submitted by the committee in 2003 with 158 recommendations which were never implemented. Malimath Committee seemed to have concentrated on the rights of the victims. In order to make the investigations more effective, it suggests the setting up of a State Security Commission to insulate the police from political pressure. The committee does not favour the death penalty for rapists. Read Also Self-help group Drawbacks of the Malimath Committee: The report does not take into account the increased burden on the court and the need for far greater infrastructure. Speedy trials, fast-track courts, the huge population and access to courts have been neglected. Crimes against members of the Scheduled Castes and the Scheduled Tribes do not find mention in the report. Suggestions The government has implemented a number of recommendations like permitting videography of statements, the definition of rape has been expanded and new offences against women have been added. The victim compensation is now a part of the law. The Government is in the process to draft a new Memorandum of Procedure (MoP) for the appointment of High Court and Supreme Court Judges. The government has removed more than 1000 obsolete laws which came in the way of smooth administration. The Government has given its approval for implementation of an umbrella scheme of ‘Modernisation of Police Forces’ with proper use of technology. The Gram Nyayalayas and Lok Adalats were established to provide access to justice to the citizens at their doorsteps. The Legal Service Authority Act was enacted by the Parliament with an object to provide free and competent legal service to the weaker section of society. Way forward: Criminal justice is directionless and in a state of policy ambiguity. India needs to draft a clear policy that should inform the changes to be envisaged in the IPC or CrPC. Another systemic error is that of non-adherence to a particular theory of punishment. The criminal justice system often swings between the three theories of deterrence, retribution and reformation depending on its convenience. Finally, these reforms will be of no consequence unless simultaneous improvements are made in the police, prosecution, judiciary and in prisons. UPSC Mains Answer Writing Practice Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Public Administration Daily Answer Writing Challenge For UPSC 2020 Day 2
Day 2 Question 1 “Public in Public Administration is defined by the activities of the government.” Analyse Question 2 “The scope of the discipline of Public Administration is determined by what an administrative system does.” Does it mean that the scope of this discipline is boundaryless? Explain Comment Your Answers Below Public Administration Daily Answer Writing Challenge Day 3 Public Administration UPSC Notes Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
Public Administration Daily Answer Writing Challenge Day 3
Public Administration Daily Answer Writing Challenge For UPSC 2020 Day 3 Question 1 The advent of the concept of roll back of the state since the nineteen eighties has been altering the role of public administration but certainly not diminishing its central place in human society. Discuss Question 2 The new public administration (NPM) is an incarnation of a new model of public sector management in response of the challenge of liberalization, international competitiveness and technological changes. Explain. Comment Your Answers Below Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
