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SECURE SYNOPSIS: 07 JANUARY 2019


SECURE SYNOPSIS: 07 JANUARY 2019


NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.


Topic– urbanization, their problems and their remedies.

1) Delhi government’s draft e-vehicle policy differs from similar policies of other state governments and does well to encourage the growth of an ecosystem around electric mobility. Comment(250 words)

Downtoearth

Why this question

This article analyzes the recent draft e-vehicle policy of the government and discusses how it differs from the similar policies of other state governments. The focus here is on explaining how the policy could serve the e-vehicle industry well as well as smoothen the regulatory architecture going forward. Hence this question would enable you to be aware of what it happening in the policy space regarding e-vehicle.

Key demand of the question

The question expects us to first discuss the finer points of the policy and compare and contrast it with policies of other state government. Thereafter we have to analyze the pros and cons of the policy and discuss its usefulness for the future of the e-vehicle segment of the country.

Directive word

Comment – When you are asked to comment, you have to pick main points and give your ‘opinion’ on them based on evidences or arguments stemming from your wide reading. Your opinion may be for or against, but you must back your argument with evidences.

Structure of the answer

Introduction – Highlight that to achieve the mission of 100% electric mobility by 2030, state governments are coming up with policy documents to accelerate the growth in the industry.

Body

  • Discuss the key features of the policy
    • aim of 25 per cent new electric vehicle registrations by 2023
    • Provides for Incentives on vehicles (subsidy) and mobility services
    • Focuses on creating private charging infrastructure etc
  • Compare and contrast the policy with those of other states
    • Most of the states, in their policies, primarily focused on the establishment of manufacturing and ancillary industries associated with the electric vehicle ecosystem. Others focused on the regulatory framework necessary to ease the operation of electric vehicles, including electricity supply.
    • What sets Delhi’s draft policy apart is that while its focus is on enabling the development of an electric mobility ecosystem within the state, it focuses on the state’s role as a regulator of important components of the ecosystem such as a network for private and public charging infrastructure.
  • Analyze whether the policy is a good start in achieving the aim with respect to e-vehicle
    • Delhi policy establishes small three-wheeler goods vehicles and public transport, including Intermediate Para Transit (IPT)—rickshaws and taxis as a segment of vehicles which have been identified for electrification by the state.
    • attempted to fund this transition to electric vehicles through cross-subsidisation as a matter of policy which is important etc

Conclusion – Give your view on the effectiveness of the policy and discuss way forward.

Introduction:

                India seeks to turn 30 percent of vehicles battery-powered by 2030 to cut oil import bill and improve air quality, as part of National Electric Mobility Mission Program. 

                                               

                Delhi became the latest entrant to the band of states that have launched electric vehicle/mobility policies by releasing a draft Delhi Electric Vehicle Policy. It joined the likes of Karnataka, Maharashtra, Telangana, Kerala, Uttarakhand and Uttar Pradesh in drafting a medium- to long-term policy to encourage the growth of an ecosystem around electric mobility.

Body:

Key features of the Delhi’s Draft EV policy:

  • Primary Objective:
    • It is to drive rapid adoption of battery-run electric vehicles (BEVs), upto 25 per cent of all new vehicle registrations by 2023.
    • Target of bus fleet of 50% e-buses by 2023. The C40 Fossil Fuel Streets Declaration, signed by over 25 global cities commits to procure only zero emission busses by 2025, and to ensure that a major area of the city is zero emission by 2030.
  • Incentives on vehicles (subsidy) and mobility services:
    • Waiver on road tax, registration fees, Municipal Corporation of Delhi (MCD) one-time parking fee and auto rickshaw permit fees for e-vehicles.
    • A whole lot of purchase incentives for e-Autos, e-Goods Carrier, e-Rickshaws etc.
  • Private charging infrastructure:
    • Changes in building bye-laws to enable new charging infrastructure: All new non-residential buildings with parking space for more than 10 cars will need to have at least 20 per cent parking accessible to chargers and a 100 per cent access in such residential buildings, co-op, group housing societies and colonies managed by Residents Welfare Associations (RWAs)
    • For existing residential building owners, subsidy to install one charger for every three cars.
  • Public Charging and battery swapping infrastructure:
    • This is to ensure public charging facilities within 3 kms from anywhere in Delhi. 11 charging energy operators (EOs) will be selected to set up multiple regular and fast chargers
  • Battery and vehicle recycling:
    • Energy Operators and Battery Swapping Operators will serve as end of life battery recycling agencies.
    • EV batteries that cannot be re-used to be sent to recycling facilities
  • Funding:
    • All petrol and diesel-powered vehicle users will pay a pollution cess on the sale of fuel beginning with April 2019.
    • An air quality parking surcharge will be levied on base parking fees on all non-electric vehicles
    • A congestion fee of up to 2.5 per cent on fare will be levied on all cab aggregator and taxi trips. This tax will be waived for rides taken in an e-two-wheeler, e-auto or e-cab

The Draft Policy of Delhi differs from similar policies of other state governments in the following way

  • The focus is on enabling the development of an electric mobility ecosystem within the state.
  • It focuses on the state’s role as a regulator of important components of the ecosystem such as a network for private and public charging infrastructure.
  • State provides for establishing a network of charging infrastructure. In other states, the onus of infrastructure is left to the private sector without much responsibility to the public sector.
  • It also focuses to generate further funding for the creation of an EV ecosystem through the “polluter pays” mechanism—graded additional road taxes and parking fees for ICE vehicles.
  • Most of the states, in their policies, primarily focused on the establishment of manufacturing and ancillary industries associated with the electric vehicle ecosystem.
  • Others focused on the regulatory framework necessary to ease the operation of electric vehicles, including electricity supply. Example: Maharashtra focuses on manufacturing 5 lakh eVehicles, Karnataka targets on employment generation.

The Delhi Draft policy is definitely a good start in achieving the aim with respect to e-vehicles

  • Policy establishes Small three-wheeler goods vehicles and public transport, including Intermediate Para Transit (IPT)—rickshaws and taxis as a segment of vehicles which have been identified for electrification by the state.
  • The draft has also, for the first time, attempted to fund this transition to electric vehicles through cross-subsidisation.

Way Forward:

  • Global best practices of Sweden’s plan to move towards 100% e-Mobility can be emulated.
  • Convergence of policies like mobility and electricity, as electricity cost is a major factor in Delhi.
  • PPP and other unique measures to fund the grand vision of Delhi Policy must be thought out.
  • Delhi government should try to work with adjoining cities of Noida, Faridabad, Gurugram wherever possible to ensure that loopholes don’t exist and that a consistent policy message is sent across the whole metropolis.

Conclusion:

                The policy takes a comprehensive, system-level approach to vehicle electrification, and could serve as a replicable blueprint for sub-national leadership.


Topic – Post independence history

2) Bangladesh’s birth owes to Pakistani policy flaws much more than India’s intervention. Critically comment.(250 words)

Indianexpress

Why this question

The article discusses the reasons that led to the independence of Bangladesh and explains that the birth of Bangladesh was inevitable considering the policies followed by Pakistan, and provides an interesting insight in the mistakes committed and reasons for the birth of Bangladesh.

Key demand of the question

The question expects us to bring out reason behind birth of Bangladesh and give our view on what was the more pertinent reason – India’s intervention or policies followed by Pakistan.

Directive word

Critically comment – When you are asked to comment, you have to pick main points and give your ‘opinion’ on them based on evidences or arguments stemming from your wide reading. Critically comment is also forming opinion on main points but in the end you have to provide a fair judgement.

Structure of the answer

Introduction – highlight the situation in which Bangladesh was born.

Body

  • Discuss the reasons for creation of Bangladesh. Here you first need to touch upon the role played by India in liberation of Bangladesh.
    • Indian government allowed Awami league leaders to form government in exile
    • Gave military training to Mukti Vahini Sena on Indian soil
    • provided food, shelter, clothing and medical aid to refugees in spite of tremendous strain on their resources
    • in December 1971 Indian armed forces directly undertook the operation for liberation of Bangladesh which led to Indo-Pakistan war of 1971.
  • Point out that the seeds of partition was sowed as a result of the policies followed over the years by Pakistan
    • Highlight the issues caused by policy with respect to language
    • Persecution of people in Bangladesh etc

Conclusion – Give your view on what played more critical role in liberation of Bangladesh.

Introduction:

                Pakistan was made of West and East Pakistan after August 14,1947. The eastern province gained its independence in March 1971 and Bangladesh was born. Bangladesh’s independence has been considered India’s most successful neighbourhood intervention.

Body:

                The claim for a separate nation arose right from day one. The policies of Pakistan which overlooked the needs of East Pakistani people were one of the chief reasons.

Imposition of Urdu: Urdu was made the “National Language” of Pakistan. The requests from East Pakistan and option of Arabic were turned down. This further strengthened the nationalism which was language- based (Bengali) from the pre-independence times.

Administrative hassles: The grotesque scheme of writing Bengali in the Arabic script was introduced. In 1952, there were 21 centres doing this in East Pakistan with Central Education Ministry funding. The Bengali East Pakistan chief minister didn’t know that this was happening outside the primary school stream, a provincial subject.

Disparity of Governance: Punjab and the Punjabi-dominated army ruled Pakistan soon after the birth of Pakistan. The services were also dominated by Punjabis through quotas but East Pakistan dominated in literacy and high education. Top seats in the civil services exams always went to East Pakistan.

Military Rule: General Ayub Khan took over Pakistan in 1958, the East Pakistan’s needs and demands were completely suppressed. Until 1962, martial law continued and Ayub purged a number of politicians and civil servants from the government and replaced them with army officers.

Distance factor: Pakistan couldn’t tackle the strange phenomenon of being divided by a thousand miles of India.

Economic Prowess of East Pakistan: Most of the foreign exchange was earned by exports from East Pakistan which was poorly defended when the big war of 1965 with India was fought. That sowed the seeds of December 16, 1971.

Six-Point Program discarded: The six point program of Mujib-Ur-Rahman in 1966 for economic and political autonomy of East Pakistan was discarded. The Awami League’s electoral victory in 1970 promised it control of the government, with Mujib as the country’s prime minister, but the inaugural assembly never met.

Genocides and Refugee Problems: There was a systematic ethnic slaughter which qualified as genocide. There was clear ethnic or religious targeting of the Hindu minority among the Bengalis. By July-August 1971, 90% of the refugees were Hindus concentrated in the border districts of West Bengal with large Muslim populations. Consequently, there was danger of serious communal strife. The Response of West Pakistan to 1970 cyclone which ravaged East Pakistan was minimal and lacked compassion.

                The West Pakistan’s policies had a deep impact leading to the liberation of East Pakistan. India’s role is also crucial in liberation of Bangladesh.

India’s role in liberation of Bangladesh:

  • Indian government allowed Awami league leaders to form government in exile
  • Gave military training to Mukti Vahini Sena on Indian soil.
  • Provided food, shelter, clothing and medical aid to refugees in spite of tremendous strain on their resources.
  • In December 1971, Indian armed forces directly undertook the operation for liberation of Bangladesh which led to Indo-Pakistan war of 1971.
  • India observed international refugee law and allowed refugees regardless of religion or language. It internationalised their tragedy.

Conclusion:

                India’s humanitarian intervention in Bangladesh has shaped South Asia ,made it a responsible power in the region. Bangladesh’s growth rate is nearly 7 per cent, whereas Pakistan’s growth rate is below 5 per cent. Extreme poverty, or those living below the poverty line, in Bangladesh is under 9 per cent while those in Pakistan are 29.5 per cent. Bangladesh’s literacy rate is 72 percent,  that of Pakistan is 58 per cent and loaded more with ideology than useful knowledge. Bangladesh flourishes today while Pakistan has turned into a ‘Rogue State’.


Topic– Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

3) In its present form the Muslim Women (Protection of Rights on Marriage) Bill, 2018 is very problematic and does little towards gender justice. Analyze.(250 words)

Epw

Structure of the answer

Introduction– write a few introductory lines about the Muslim Women (Protection of Rights on Marriage) Bill, 2018. E.g mention that the bill has been passed by the LS and is currently in RS; briefly mention the aims of the bill.

Body-

Discuss the problems associated with the provisions of the bill and how it does little towards the stated aim of ensuring gender justice. E.g

  • Since marriage is a civil contract, violation of this contract demands civil action, but the bill makes it a cognisable non-bailable offence.
  • As the majority judgment has set aside the practice of triple talaq and pronounced it to be unconstitutional and/or un-Islamic, the bill serves no purpose of further criminalising the practice of triple talaq.
  • The bill, which prescribes up to three years’ imprisonment, is silent on the provision of sustenance for the affected woman and her family.
  • The bill under discussion criminalises triple talaq by a Muslim man, but there is no corresponding penal provision for a non-Muslim man abandoning his wife. This goes against the universal principle of equality before law and is, hence, unfair towards non-Muslim women etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue. E.g need for a proper debate and involvement of all stakeholders in the process.

 

Introduction:

        The Supreme Court’s judgment in the Shayara Bano case held that the practice of talaq-e-biddat (or triple talaq) unconstitutional. This was hailed as a step towards the emancipation of Muslim women and a win in the war against institutional remnants of gender inequality.

After the judgement, government passed Muslim protection Bill also known as, Triple Talaq Bill in Lok Sabha but there have been criticism about the legal and procedural aspects of the bill.

       

Body:

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. The Bill makes declaration of talaq a cognizable offence, attracting up to three years’ imprisonment with a fine.

 

The bill has run into issues due to few clauses added in the bill.

 

Problematic:

  • Marriage is a civil contract, violation of this contract demands civil action, but the bill makes it a cognisable non-bailable offence. Accused Muslim husband pronouncing triple talaq is criminally culpable.
  • It negates the Supreme Court ruling by unwittingly favouring a sense of medieval view that the pronouncement of talaq-e-biddat breaks the marriage, and, therefore, needs to criminalised.
  • The pronouncement of talaq-e-biddat cannot be brought under the definition of emotional abuse mentioned in Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA).This view is as legally untenable.
  • That part of the Bill which re-declares triple talaq to be illegal and void is largely surplus since the apex court has already done so under articles 141 and 142.
  • No country has criminalised triple talaq. It has been made illegal and void. For instance, in Algeria, talaq pronounced outside court is not considered legal.
  • The most significant ground on which the triple talaq Bill fails the test of constitutionality is found in Article 21 which states that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • Bill also constitutes unwarranted punitive deprivation of personal liberty of Article 19, especially clauses 19(1)d and 19(1)g. Thus, if a man is unjustifiably jailed under the proposed law even for a few weeks, he will be denied of these rights for that period.

 

Does little towards Gender Justice:

 

  • The bill, which prescribes up to three years’ imprisonment, is silent on the provision of sustenance for the affected woman and her family.
  • The Bill does not provide the victimised woman any additional benefits in terms of her rights in marriage and divorce which were already promised under CrPC and PWDVA.
  • The Bill does not add anything new to the already existing maintenance responsibilities of the husband covered under various Acts.
  • The bill under discussion criminalises triple talaq by a Muslim man, but there is no corresponding penal provision for a non-Muslim man abandoning his wife. This goes against the universal principle of equality before law and is, hence, unfair towards non-Muslim women.
  • Furthermore, since the present Bill says that triple talaq is cognizable and non-bailable, married Muslim man become vulnerable target as policemen  can arrest and investigate the accused with or without the complaint from wife or any other person.

 

Procedural Issues:

  • The government’s refusal to send the bill to a parliamentary select committee, for example, goes against the democratic spirit of deliberation and involvement of all stakeholders in such a legislation.
  • It would be difficult for a woman to prove that the man has given her triple talaq in one sitting.
  • Divorce is not a crime. Not fulfilling monetary responsibilities as the law obligates of divorced wife and children or dependents, in case they are unable to maintain themselves is considered as an offence only after due process of law. The fact is there are existing laws that have already covered the issue.

Way Forward:

  • Instead of criminalisation, the pronouncement of triple talaq could have been defined as infliction of domestic violence and brought under the purview of the domestic violence law of 2005.
  • This could have opened up ways to address the problem of married women’s abandonment which is prevalent across religions.
  • Civil character of children custody and allowance of marital law must be preserved.
  • Government needs to get the bill scrutinized by parliamentary select committee, consult multiple stakeholders and then pass the bill.
  • Law Commission Consultation Paper on ‘Reform of Family Law’ : The Commission says the best way forward may be to preserve the diversity of personal laws, but at the same time, ensure that personal laws do not contradict fundamental rights guaranteed under the constitution of India. In order to achieve this, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law, these should be remedied by amendment.

 

Topic– mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

4) The shocking neglect of child care institutions must presents a very sorry state of affairs. Examine.(250 words)

The hindu

Why this question

The article discusses the sorry state of affairs of child care institutions in the country and highlights the findings of the report of a central government report. It serves as an eye opener and the status of such institutions has come under the scanner because of the spate of crimes that have been reported from there.

Key demand of the question

The question expects us to discuss the state of child care institutions and highlight the findings of the committee constituted by the government. Thereafter we need to bring out the issues plaguing such institutions and discuss the way forward.

Directive word

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .

Structure of the answer

Introduction – highlight the recent incidents that have come out of such institutions.

Body

  • Explain the status quo of such institutions. Here we need to discuss the findings of the central government committee
    • only 32% of Child Care Institutions or Homes were registered under the JJ Act as of 2016, while an equal number were unregistered, and the rest were either empanelled under other schemes or awaiting registration
    • child care standards were poor in many institutions, sans proper bedding, food and nutrition and sanitation.
    • Some States have too few homes, giving authorities little incentive to take up cases of children in distress
  • Discuss the reasons behind this state of affairs
  • Highlight what needs to be done
    • priority should be to bring about uniformity of standards and procedures, evolving common norms for infrastructure, human resources, financial practices and external audits.
    • Enforcement of standards and strict action against such wrongdoers

Conclusion – highlight that the most vulnerable children live in such shelters and there is a need to ensure that their survival is not at stake.

 

Introduction:

 

        The recent incidents of rampant physical and sexual abuse of minors and women in childcare institutions (CCIs) and shelter homes in Bihar and Uttar Pradesh reveal how the state as well as the civil society have failed in their role as protectors and watchdogs.

  

Body:

                The incidents have happened despite the presence of stringent laws like Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and protective bodies like National Commission for Protection of Child Rights (NCPCR).

The report released by Ministry of Women and Child Development titled ‘Mapping and Review Exercise of Child Care Institutions’ under Jena committee highlights drawbacks in the management of CCIs. Some of its findings are:

  • Only 32% of 9,589 CCIs and Homes (mostly run by NGOs) were registered under the JJ Act. About 33% were unregistered, and the rest were either empanelled under other schemes or awaiting registration.
  • Child care standards were poor in many institutions, lacking proper bedding, food, and nutrition, lack of proper toilets and sanitation and secure compounds.
  • A few States do not have even one home of every category, such as child care, observation and adoption. Tamil Nadu, Maharashtra and Kerala together account for 43.5% of all shelters.
  • Lack of Grievance redressal mechanisms, provided under JJ Act, leave the children in despair.

 

Reasons behind the poor state of affairs in CCIs and Shelter homes:

Overcrowding:

  • Most facilities overcrowded showing that the requisite infrastructure is lacking.
  • In many facilities, there is no segregation of children brought to shelters for protection
  • The construction and running of the homes is under the state list done either by state governments themselves or through NGOs they appoint, though much of the funding comes from the Centre.
  • The Centre has monitoring authority over the working of these homes. The implementation has been lacking.

       Administrative Failures:

  • Lack of monitoring and absence of inspection committees have led to the current predicament.
  • All CCIs are required to be registered under the JJ Act and every district needs to have a child protection officer, a child welfare committee, and a juvenile justice board.
  • However, in practice, their functioning has not been effective enough to prevent the widespread misuse of power and money by those running these institutions.
  • Home Management Committee: This body has to conduct a meeting every month to ensure that all shelters in the district are being run according to the guidelines of the Juvenile Justice Act. These norms were clearly not followed .
  • Although the NCPCR has now been ordered to complete social audits of all CCIs and the state governments have ordered probes, this has come too late for the numerous lives traumatised by their very protectors.

Failures of the Ministry:

  • The Ministry of Women and Child Development, which provides funding to CCIs under the Integrated Child Protection Scheme, is duty-bound to carry out social audits in order to deter malpractices. However, either these institutions are allowed to function without any routine inspections
  • In the case of the Muzaffarpur CCI, inspections by multiple state agencies over the years find nothing amiss despite widespread abuse being present.
  • The District Inspection Committee is supposed to conduct a check on the shelters every three months. It is headed by the district magistrate and also has a member of the civil society on its board. Each of these bodies and members failed to detect what was happening at the shelter.

Lack of social audit:

  • The protocol for social audits and inspection committees too was developed only after the SC’s 2017 order. Several states are yet to conduct these.

Societal Failures:

  • Disconnect between civil society and the welfare system for children, and the poor engagement elected representatives have with such a vital function.
  • By giving up their responsibility towards the underprivileged children.
  • A patriarchal mindset of the society which leads to not taking such children into confidence while formulating laws and devising mechanisms for their protection

Way Forward:

  • Setting up CCIs in states which have none.
  • Systematic scrutiny by State governments is essential to bring reforms to the childcare system.
  • Accountability and Credibility must be ensured through special inspection officers. All CCIs should be compulsorily registered under the JJ Act, audited for funds received and enforce mandatory child protection policies during adoption.
  • Bringing in the uniformity of standards and procedures across CCIs should be a priority. Common norms for infrastructure, human resources, financial practices and external audits should be in place.
  • Increased interaction and connect between civil society and the welfare system for children.
  • The imperative now is to turn the findings of the Ministry’s committee into a blueprint for action.
  • Credentialed NGOs should take a greater interest in this effort, holding the authorities to account.

Topic – Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments

5) Evaluate whether the All India judicial service is an idea whose time has come?(250 words)

Indianexpress

Why this question

The article examines the policy suggestion of Niti Ayog of having all India judicial service and gives its view. This debate has often cropped up and this article would enable you to prepare points on things that are faulty with such a proposal.

Key demand of the question

The question expects us to discuss the suggestion of Niti Ayog regarding creation of all India judicial service, highlight it’s pros and cons and give our view on whether or not the time for this idea has come.

Directive word

Evaluate – When you are asked to evaluate, you have to pass a sound judgement about the truth of the given statement in the question or the topic based on evidences.  You have to appraise the worth of the statement in question. There is scope for forming a personal opinion here.

Structure of the answer

Introduction – Explain that the vision document titled ‘Strategy for New India @ 75’, released by the NITI Aayog in December last, amongst other things, proposes a spate of judicial reforms. The think-tank has come out batting for the creation of an All India Judicial Service, akin to the other central services like the IAS and the IPS

Body

  • Explain the genesis of the idea – the constitutional provisions regarding AIJS. Explain that 14th Report on Reform of Judicial Administration — alluded to the need for creating a separate all-India service for judicial officers. This report favoured an AIJS to ensure that subordinate court judges are paid salaries and given perks at parity with government bureaucrats, thereby incentivising the option of the state judiciary as a viable career prospect
  • Examine issues with the policy proposal of Niti Ayog
    • AIJS is being proposed as a panacea to cure the chronic vacancy crisis plaguing the Indian subordinate judiciary. Given the limited extent to which the Constitution only permits the appointments of district judges to such a prospective AIJS, it will not magically remedy this crisis. At best, what an all India service potentially offers is a more streamlined and regularised recruitment process for the limited number of vacancies for district judges in the country.
    • second concern is the much wider composition of the AIJS proposed by NITI Aayog, than what is permissible under Article 312. The top government think-tank has rather ambitiously pitched an omnibus service to covering entry level civil judges, prosecutors and legal advisers to comprise the service. Such a sweeping mandate would require considerable amendments to the Constitution, especially with respect to the appointments process for the lower subordinate judiciary etc

Conclusion – give your view on whether the proposal needs to be given merit and discuss way forward.

 

Introduction:

        The vision document titled ‘Strategy for New India @ 75’, released by the NITI Aayog in December last year, amongst other things, proposes a spate of judicial reforms. The think-tank has come out batting for the creation of an All India Judicial Service(AIJS), akin to the other central services like the IAS and the IPS.       

Body:

Status of AIJS:

The idea was first mooted by the Law Commission in the 1950s to have an AIJS. Under this the district judges will be recruited centrally through an all-India examination. They will then be allocated to each State along the lines of the AIS.

The proposal for an All-India Judicial Service was first suggested in the Chief Justices’ Conference in 1961 as a way to remove any scope for judicial or executive intervention in the appointments to the judiciary in the High Courts and the Supreme Court in India. The idea had to be shelved after some states and High Courts opposed it.

The Constitution was amended in 1976 (42nd Amendment)  to provide for an AIJS under Article 312. Article 312 was amended to confer power on the Rajya Sabha to initiate the process for setting up an AIJS, by passing a resolution supported by two-thirds majority in the upper house.

The proposal was again floated by the ruling UPA government in 2012 but the draft bill was shelved again after opposition from High Court Chief Justices who labelled this an infringement of their rights.

Currently, on similar lines subordinate and district judges are recruited by High Courts on the basis of a common examination.

 

Other recommendations:

        The 14th Report on Reform of Judicial Administration — alluded to the need for creating a separate all-India service for judicial officers. This report favoured an AIJS to ensure that subordinate court judges are paid salaries and given perks at parity with government bureaucrats, thereby incentivising the option of the state judiciary as a viable career prospect.

 

Need for AIJS:

  • The AIJS is an attempt to ensure that younger judges are promoted to the SC and HCs. In the existing system, recruits join as magistrates in the subordinate judiciary and take at least 10 years to become district judges.
  • This is expected to ensure a transparent and efficient method of recruitment to attract the best talent in India’s legal profession.
  • Currently India’s legal infrastructure is facing various issues, particularly the lower judiciary. At present India has just 13 judicial posts per million people, though the Law Commission had recommended 50 judges per million of the population, based on the ratio prevalent in the US previously.
  • Judiciary is suffering from massive vacancies across the nation and the scarcity is worsened in some states due to judicial absenteeism. Hence there is need of urgent mechanism to appoint new judges.
  • As a consequence, the pendency is high with the number of cases about 2.8 crores.
  • Similarly judiciary suffering from various infrastructures related issues, like newly appointed judges does not have required court rooms; hence there is need of huge investment.

Issues with the policy proposal of Niti Aayog:

Solving Vacancy issues:

  • The AIJS is being proposed as a panacea to cure the chronic vacancy crisis plaguing the Indian subordinate judiciary.
  • An all India service potentially offers is a more streamlined and regularised recruitment process for the limited number of vacancies for district judges in the country.

Violates Basic Structure Doctrine:   

  • Niti Aayog’s document rather ambitiously proposed an AIJS to cover entry level civil judges, prosecutors and legal advisers to comprise the service (subordinate judges).
  • A sweeping mandate would require considerable amendments to the Constitution, especially with respect to the appointments process for the lower subordinate judiciary (that is, all ranks below that of a district judge).
  • Presently, the appointments to the subordinate judiciary are made under Articles 233 and 234 of the Constitution under State High Court Purview.
  • These amendments, establishing a centralised appointments mechanism, may arguably be constitutionally untenable and vulnerable to being struck down as flagrant violations of the basic structure doctrine and judicial federalism.

Oversimplification:

  • The idea of an AIJS has been significantly contentious within the legal fraternity and other concerned stakeholders.
  • The proposal for AIJS was floated by the ruling UPA government in 2012 but the draft bill was shelved again after opposition from High Court Chief Justices who labelled this an infringement of their rights.
  • Taking into account local laws, practices and customs which vary widely across States and even training judges in this line would be a problem.
  • The need to ensure reservation for locally domiciled citizens, the central selection mechanisms will throw up grave concerns impugning their utility and legality as judicial reforms.

Way Forward:

  • The Supreme Court has itself said that an AIJS should be set up, and has directed the Union of India to take appropriate steps in this regard.
  • Young recruits from outside can easily learn the local language and adapt themselves to local conditions like the Indian Administrative Service officers.
  • Devise alternative judicial mechanisms to solve many disputes at the lowest levels itself.

Conclusion:

The current situation of judiciary is well below the expected lines, hence there is an urgent need of reforms. However, a well deliberated, consensus-oriented decision will go a long way.

   


Topic- Public/Civil service values and Ethics in Public administration: Status and problems;

6) What are the different categories of public service values. Discuss.(250 words)

Reference

Structure of the answer

Introduction– write a few introductory lines about the  meaning of values. E.g Values are the individual principles or qualities that guide judgement and behaviour’. In order to better conceptualise and contrast values, they are frequently grouped rather than treated on an individual basis.

Body-

Discuss about the different categories of public service values. E.g

  1. Ethical values
  • Integrity
  • Fairness
  • Accountability
  • Honesty
  • Probity  etc.
  1. Democratic values
  • Rule of law
  • Neutrality
  • Accountability
  • Responsiveness
  • Legality etc.
  1. Professional values
  • Excellence
  • Efficiency
  • Leadership
  • Innovation
  • Quality etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

 

Introduction:

        Values can be defined as “the   individual   principles   or   qualities   that   guide judgement and behaviour”. Ethics are  in  effect  the  rules  that translate  values  into  everyday  life.

        Public Service Values inform  all  aspects  of  ethical  decision-making –ethical judgment,  ethical  choice  and  ethical  behaviour  −and  are reinforced  by  them.

Body:

        In  order  to  better  conceptualise  and  contrast  values,  they are frequently grouped rather than treated on an individual basis. By categorising   the   values,   public servants  are  provided  with  a  framework  that  reflects  their varied  duties  and  responsibilities.  The public service values can be categorised as follows under 4 heads.

       

EthicalDemocraticProfessionalPeople
IntegrityRule of LawEffectivenessCaring
FairnessNeutralityEfficiencyFairness
AccountabilityAccountabilityServiceTolerance
LoyaltyLoyaltyLeadershipDecency
ExcellenceOpennessExcellenceCompassion
RespectResponsivenessInnovationCourage
HonestyRepresentativenessQualityBenevolence
ProbityLegalityCreativityHumanity

 

Ethical Values: Ethical values are the personal values which guide a public servant in decision making between right and wrong, guiding him in right path.

  • Integrity: Consistently behaves in an open, fair and transparent manner, honours one’s commitments and works to uphold the Public service values.
  • Accountability: Takes ownership for outcomes (successes or failures) while addressing performance issues fairly and promptly.

 

Democratic Values: Democratic values ensure that the rule of law is maintained and that every citizen is valued.

  • Rule of law: Cardinal principle of governance. Decisions are made adhering to the law
  • Neutrality: Decision making should be independent of any political influence or favours. It should be governed by the aim of maximizing public interest. It is important for building trust vis-à-vis the public

 

Professional Values: professional values are the guiding beliefs and principles that influence your work behaviour.

  • Efficiency: operational excellence and value for money, manages human capital and nurtures capability
  • Innovation: To find new and unique ways to solve the problems.

 

People/Humanitarian Values: Helps to deal with the public, understand their needs better and serve them more efficiently.

  • Empathy: Empathy is about being able to accurately hear out and understand the thoughts, feelings and concerns of others, even when these are not made explicit.

       

        Many  values  are  common  to  more  than  one  category(such as fairness, accountability, loyalty and excellence), and value conflicts can occur when similar values are applied indifferent   contexts. 

Conclusion:

The  categorisation  of  values  serves  to  provide  a  more coherent  and  comprehensible  basis  for  public  servants  to understand  the  context  for  their  work  and  professional relationships  in  an  ever-changing  environment.    The academic treatment of values by    category also demonstrates the many interpretations and applications of values within public management, as well as the widening range  of  values  evident  in  public  administration.


Topic -Public/Civil service values and Ethics in Public administration: Status and problems;

7) Public servants today more than before face various kinds of value conflicts and challenges. Discuss.(250 words)

Reference

Structure of the answer

Introduction– write a few introductory lines about the  conflict in public service values. E.g the nature of public service and the multiple tasks of public servants will inevitably result in value conflicts. Also, in the context of greater fluidity between the public and non-public spheres, traditional values are challenged and/or complemented by other value sets.

Body-

  1. DIscuss in detail why value conflict arises in public services. E.g
  • The environment in which the public service operates is a constantly changing one – current dynamics of change include new technologies, growing and changing public expectations, demographic changes and the effects of economic and social globalisation.
  • In this environment economic, political and social values can come into conflict with the professional values of the public administrator.
  • Values can also differ within public service organisations.
  1. Discuss the types of value conflicts. E.g
  • Intrapersonal value conflicts occur within the individual when he or she is faced with competing personal values.
  • Interpersonal value conflicts occur between individuals with different ambitions and goals.
  • Finally, individual-organisational value conflicts occur when the values employed by an organisation are at variance with the personal values of an employee.
  1. Discuss briefly how these value conflicts can be resolved. E.g
  • While intrapersonal value conflicts require an almost exclusively personal self assessment of work priorities, interpersonal and individual organisational value conflicts can be resolved through the provision of clear value statements and the motivating capacity of ‘value-centred leaders’.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

Introduction:

Public  servants operate  in  environments subject  to  regular  change  and  replete  with  competing demands  and  obligations. The nature of public service and the multiple tasks of public servants will inevitably result in value conflicts.

Body:

Value conflict arises in public services due to the following reasons:

  • The environment  in  which  the  public  service  operates  is  a constantly  changing  one −current  dynamics  of  change include 
  • New Example: Internet, Social Media leading to huge repertoire of accessible information at finger-tips.
  • Growing and  changing  public expectations. Example: People expect government hospitals to work with same efficiency as multi-speciality private hospital
  • Demographic Example:  Increased Urbanization, Educated people in rural areas, higher youth population
  • The effects  of economic  and  social    Example: MNC’s set up in India are bringing in their culture of work efficiency.
  • Public policy is delivered through a multitude of ‘complex networks,  decentralised  governance  structures, public-private  partnerships,  and  cooperative  ventures between  NGOs,  consultants  and  Government’.    In  this environment economic, political and social values can come into  conflict  with  the  professional  values  of  the  public administrator.
  • Values of an individual can also differ within public service organisations. Example: ISRO is known for its quality, value for money and diligence. Whereas other PSU’s like HMT failed miserably due to poor innovation and adaptation.

The various types of value conflicts can be classified as follows:

  • Intrapersonal value conflicts: occur within the individual when he or she is faced with  competing  personal 
    • Example: Confidentiality vs. Transparency : a bureaucrat responsible for the deal is bound to face the conflict of above values.
    • Honesty v/s Compassion: When a destitute lady has no Aadhar for registering into a poverty alleviation scheme, but Aadhar is mandatory.
  • Interpersonal value conflicts:  occur  between  individuals  with  different ambitions  and 
    • Example: The case of temple entry, mosque entry etc. where people have differing views based on their values.
    • Development v/s Environment debates – Infrastructure projects v/s Clearance of forests.
    • Majoritarian v/s Minoritarian views.
  • Individual-organisational value conflicts:  occur  when  the  values  employed  by  an organisation are at variance with the personal values of an employee.
    • Example: Virat kohli refused to endorse a cola brand as his individual values were against the product(org values)
    • Stepping down of RBI governor in the past.
    • Rifts between Vishal Sikka, ex-CEO of Infosys and Infosys Top Management.

Ways to resolve Value Conflicts:

  • Intrapersonal value conflicts  require  an  almost  exclusively  personal  self-assessment ,  prioritising the conflicting values.
  • Interpersonal and individual-organisational value  conflicts  can  be  resolved  through  the provision  of  clear  value  statements  and  the  motivating capacity of ‘value-centred leaders’
  • Inculcation of Tolerance, harmony and transparency can help solve Interpersonal and individual-organizational value conflicts.

Conclusion:

        In this rapidly changing society, value conflicts are bound to arise. Acceptance of others’ views, Adaptability to the better values and consensus-oriented approach is need of the hour for smooth governance.

       


Topic– strengthening of ethical and moral values in governance

8) What are the methods by which public service values can be instilled in public servants. Discuss.(250 words)

Reference

Structure of the answer

Introduction– write a few introductory lines about instilling values among public servants. E.g Short-term outward facing measures, such as the development and publicising of values statements in offices are an important first step, but are limited in terms of their impact. Moving beyond this level towards behavioural (or external) and eventually attitudinal (or internal) change amongst employees in an organisation requires training and the reinforcement of value sets through multiple interactions and activities.

Body-

DIscuss the method and means by which public service values can be instilled among public servants. E.g

  • Reinforcement and transmission of common cultural values needs to be planned and systematic. Without attention being given to inculcating core values and standards, other more localised values can come to the fore.
  • Recognise and assert the importance of ethics to good government
  • Integrate the management of ethics into the wider system
  • Exercise leadership from the centre and demand similar leadership in departments · promote through a combination of standards, guidance, education and recognition of good practice
  • Allow information to flow to inform and guide devolved decision making
  • Continue to test theory and rules against experience and remain responsive to challenges in the political and policy environment.
  • Strengthening the existing strength of the values culture within the organisation
  • Identification of high-risk ‘zones’ which require strong control and monitoring activity etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

 

Introduction:

        Public Service Values inform  all  aspects  of  ethical  decision-making –ethical judgment,  ethical  choice  and  ethical  behaviour  −and  are reinforced  by  them. Instilling public service values in public servants is important as their personal values and public service values may differ. Thus, it is necessary that the public servants learn the values to better serve the people they represent.

Body:

Development and publicising of values statements in offices are an important first step, but are limited in terms of their impact. Moving beyond this level towards behavioural (or external) and eventually attitudinal (or internal) change amongst employees in an organisation requires training and the reinforcement of value sets through multiple interactions and activities.

The various method and means by which public service values can be instilled among public servants are as follows

  • Reinforcement and transmission
    • The reinforcement and transmission of common cultural values needs to be planned and systematic.
    • Without attention being given to inculcating core values and standards, other more localised values can come to the fore.
    • Strengthening the existing strength of the values culture within the organisation.
    • Example: code of ethics , citizen charters, ethical audits
  • Recognition
    • Recognise and assert the importance of ethics to good government
    • Example: Rewards for good performance like best civil servant and punishment for deviant behaviour.
  • Integration
    • Integrate the management of ethics into the wider system.
  • Guidance
    • Exercise leadership from the centre and demand similar leadership in departments.
    • Promote through a combination of standards, guidance, education and recognition of good practice.
    • Example: Best practices should be noted and emulated across places.
  • Informed Decision Making
    • Allow information to flow to inform and guide devolved decision making.
    • Example: Decision making based on thorough studying and knowledge of the topic.
  • Spirit of Challenge
    • Continue to test theory and rules against experience and remain responsive to challenges in the political and policy environment.
    • Clear guidelines for interaction between public and private services.
    • Example: Competition between offices can be set up.
  • Risk Management
    • Identification of high-risk ‘zones’ which require strong control and monitoring activity.

Conclusion:

        Instilling public service values leads to better public service delivery and increased trust of citizens in the public sector.