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SECURE SYNOPSIS: 17 APRIL 2019


SECURE SYNOPSIS: 17 APRIL 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:Salient aspects of Art forms, Literature and Architecture from ancient to modern times.

1) Notre Dame Cathedral is one of the finest examples of French Gothic cathedral architecture. Explain the salient features of this architecture, what makes it unique world heritage site?(250 words)

Indianexpress

Why this question:

Recently a catastrophic fire has engulfed the famous Notre Dame Cathedral in Paris, France. The cathedral, whose name means Our Lady, is the seat of the archbishop of Paris.

Key demand of the question:

The answer must explain in detail French Gothic cathedral architecture. And Notre Dame Cathedral as one of its finest examples.

Directive word:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the  particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Begin with what you understand by Gothic architecture.

Body:

  • French Gothic architecture is a style which emerged in France in 1140, and was dominant until the mid-16th century. The most notable examples are the great Gothic cathedrals of France, including Notre Dame Cathedral, Chartres Cathedral, and Amiens Cathedral.
  • Its main characteristics were the search for verticality, or height, and the innovative use of flying buttresses and other architectural innovations to distribute the weight of the stone structures to supports on the outside, allowing unprecedented height and volume, The new techniques also permitted the addition of larger windows, including enormous stained glass windows, which filled the cathedrals with light.
  • The French style was widely copied in other parts of northern Europe, particularly Germany and England. It was gradually supplanted as the dominant French style in the mid-16th century.
  • Discuss the specific characteristics of the architecture.
  • Explain – Notre Dame Cathedral, its importance as world heritage site.

Conclusion:

Conclude by stating need for reconstructing such a marvel.

Introduction:

French Gothic architecture is a style which emerged in France in 1140, and was dominant until the mid-16th century. The most notable examples are the great Gothic cathedrals of France, including Notre Dame Cathedral, Chartres Cathedral, and Amiens Cathedral. Paris was struck in its very heart as flames devastated the roof of Notre-Dame, a historic 850-year-old medieval cathedral made famous by Victor Hugo.

Body:

Salient features of the French Gothic architecture:

  • Gothic art evolved out of Romanesque art and lasted from the mid-12th century up to the late 16th century in some areas of Germany.
  • Architecture was the main art form of the Gothic, and the main structural characteristics of Gothic architectural design stemmed from the efforts of medieval masons to solve the problems associated with supporting heavy masonry ceiling vaults (arched roofs) over wide spans.
  • Gothic architecture brought many innovations in terms of construction systems and design. One of its defining characteristics was the sense of verticality, which was sought after in every building. The idea was that the more vertical the building would feel, the closer the faithful visitors would feel to God.
  • The layout in French Gothic cathedrals was often of a Latin cross. The main axis is the most important and defines the order of the composition. The secondary axis is evident in some examples but very subtle in some others.
  • Gothic walls became lighter due to their composition of stone columns and large windows or stained glass. These elements allowed for open, illuminated spaces in the interior.
  • The pointed arch was widely used in most of the French Gothic cathedrals. It was used as a structural and decorative element in doorways, windows, arcades, and galleries. Pointed arches were effective in channelling weight to the columns in a steep angle, thus allowing for ceilings to be much higher and to increase the perception of the verticality.
  • Vault ceilings were used, in the form of cross-ribbed vaults. This type of vault consists of two or more intersecting vaults, reinforced with ribs on the joints. This opened up the interior space of the cathedrals to accommodate more visitors. Vaults became increasingly complex as the Gothic style evolved.
  • The flying buttress is another defining constructive element of Gothic architecture in France. The buttress transfers part of the weight from the tall walls and helps keep the structure stable. They were created as a constructive solution but also became an important decorative element of the facade. The designs for the buttresses became much elaborate, enhancing the sense of verticality and greatness of the building.
  • Another functional element that evolved into a decorative item was the gargoyles. These little monsters were spouts for rainwater to drain from the roofs. However, they served a higher purpose; they were there to create fear of evil among the superstitious population of that time and encourage them to seek God’s protection inside of the cathedral.

Notre-Dame- A unique World heritage site:

  • The cathedral is part of the 1991 World Heritage inscription, Paris, Banks of the Seine, which also includes bridges, quays and the banks of the Seine in the historic part of its course (between the Pont de Sully and the Pont d’Iéna) and the Ile de la Cité and the Ile St Louis.
  • Its importance is expressed through the architectural quality of the building and its location in the urban fabric, veritable landmark in the centre of the urban landscape, as well as through its visual and symbolic relation to the nearby belfry.
  • The iconic cathedral has been deeply enmeshed in Paris’s history since construction began at the end of the 12th century; historians generally ascribe the date 1163 and lasted more than two centuries to 1345.
  • For French Catholics it has particular resonance, as the resting place of the crown of thorns believed to have been placed on Jesus’ head before his crucifixion.
  • For centuries France’s kings and queens were married and buried there.
  • Its massive tenor bell announced the liberation of the city from Nazi control on August 24, 1944, ending the dark years under German rule in World War II.
  • Napoleon was crowned emperor in Notre-Dame in 1804, and the joyous thanksgiving ceremony after the Liberation of Paris in 1944 took place there, led by Charles de Gaulle.

French Gothic Architecture influence in India:

  • Philomena’s Cathedral, Mysore: Built in 1936 using a Neo Gothic style of architecture, the St. Philomena’s Cathedral is one of the tallest and most spectacular churches of Asia.
  • Thomas Cathedral Basilica, Chennai: Also known as San Thome Basilica, it was built in the 16th century by the Portuguese. It is one of the three churches in the world that was built over the tomb of one of the twelve apostles of Jesus, Saint Thomas. The other two churches are built in Vatican City and Spain.
  • Paul’s Cathedral, Kolkata: One of the finest examples of a church built in Gothic architecture is the St. Paul’s Cathedral in Kolkata. While it was laid out in 1839, the construction was completed by 1847.

Conclusion:

The real significance of the Notre-Dame in France lies not in its size or architectural splendour, rather in it being a keen witness to eight centuries of tumultuous French history.


Topic:  Issues relating to development and management of Social Sector/Services relating to Health.

2) How common is hemophilia in India? It is often observed Majority of hemophilia cases go undiagnosed in the country. Discuss reasons and suggest way forward to tackle the issue.(250 words)

Reference

Why this question:

World Haemophilia Day, celebrated on April 17 every year, aims to increase awareness about haemophilia and other inherited bleeding disorders. The day also marks the birth anniversary of Frank Schnabel, founder of World Federation of Haemophilia (WHF). The theme for this year’s WHD is ‘Reaching out – connect to your community’, encouraging to meet and connect with others with similar experiences and know what it is like.

Key demand of the question:

The answer must explain the occurrence of Haemophilia in India, why most cases remain undiagnosed and what needs to be done.

Directive word:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Introduce with context of the question – world Haemophilia day.

Body:

  • Explain why majority of haemophilia cases go undiagnosed in India , provide for facts to justify –  reports suggest ;around 16,000 haemophiliacs registered in India but actual number could be seven times more.
  • Of all the haemophilia cases in India, just around 15% are identified while the remaining go undiagnosed. While there are about 16,000 haemophilia patients registered in the country, reports indicate that the number could be as much as seven times more.
  • Discuss the types of Haemophilia in India; reasons causing it.
  • What needs to be done – policy level? Individual level and societal level.

Conclusion:

Conclude with importance of tackling such health issues with a dedicated policy approach.

Introduction:

Haemophilia is a disorder characterized by uncontrolled bleeding and inability of the blood to clot properly. Even a small cut or a minor injury can result in severe bleeding. Haemophilia is one among the many X-linked recessive inherited genetic disorders, where the gene causing the disorder or dysfunction is located on the X-chromosome.

Body:

It results in massive internal bleeding (known as haemorrhaging) in the joints such as the knees, elbows, ankles, and also in the tissues and muscles. This can lead to considerable consequences, such as swelling and pain in the affected areas. It can even cause permanent damage to the affected body parts. When bleeding happens in a vital organ, especially in the brain, it has the potential to turn fatal.

Haemophilia in India:

  • Haemophilia A, occurs in about 1 in 5,000 births, while Haemophilia B is even rarer at about 1 in about 20,000 births.
  • According to the World Federation of Haemophilia’s Annual Global Survey 2017, with nearly two lakh cases, India is estimated to have the second highest number of haemophilia patients in the world.

Reasons for high incidence of Haemophilia in India:

  • The disorder can be acquired sometimes because of a spontaneous genetic mutation. It is estimated that about one-third of new cases are caused by a new mutation of the gene in the mother or the child.
  • Haemophilia tends to affect men more than women as the gene can be passed from mother to son. It is estimated that 1 in every 5,000 males is born with this condition.
  • There is an erratic supply of medicines (for blood clotting factors 8 and 9) which are required for treatment.
  • Given the low volumes at which the drugs needed to treat such diseases would be consumed, pharmaceutical companies have little commercial incentive to produce them.
  • High cost of treatment owing to the unavailability of free services with the Haemophilia Society of India (HSI) and government hospitals also contribute to the lack of treatment options.
  • Unavailability of haematologists in the state
  • A lack of effective alternate treatment.
  • Lack of awareness especially among rural and tribal people about the blood disorder result in patients remaining unregistered.

Measures to tackle the issue:

  • Currently, there’s no known cure for haemophilia, however, treatment can help a person with the condition enjoy a good quality of life.
  • Though factor replacement therapy is the treatment of haemophilia there may be complications. Earlier the risk was viral infection- like hepatitis B and C or HIV. However with better purification and safety measures this has reduced in plasma derived factor and is not present in recombinant factor.
  • Antifibrinolytic medicines (such as tranexamic acid and epsilon aminocaproic acid) may be used along with replacement therapy. They can be used alone for minor bleeds especially mouth bleeds.
  • State has responsibility for providing affordable, accessible and reliable health-care services to every citizen. In fact constitution also mentions importance of health-care services under articles like 21, 38 and 47 and thus state cannot evade this responsibility under the pretext of non-justifiability of articles.
  • A nationwide policy on orphan drugs could incentivize Pharma companies.
  • Blood testing centres at PHCs and Secondary Health centres can help diagnose the disorder at the earliest and take necessary care.
  • Genetic counselling of the families having history of haemophilia can help prevent further occurrences in offsprings.
  • Gene therapy: Researchers are trying to find ways to correct the defect in the genes that cause haemophilia. Gene therapy has not yet developed to the point that it’s an accepted treatment for haemophilia. However, researchers continue to test gene therapy in clinical trials for haemophilia B
  • Precautions: Avoid injury as much as possible, children should be watched for falls, avoid intramuscular injections. Most children’s vaccines can be given in the skin with a thin needle
  • Strong muscles may help to protect the joint, so physical therapy is part of treatment for haemophilia. The benefit of physical therapy may not be immediate, it is important for long term mobility.

Conclusion:

There is a major lack of awareness of haemophilia in India. It is important that parents get timely information about this lifelong disorder so that they can get the best help for their children and handle their lives in a better way when they are well aware of the condition, including the impact of disease on the lives of individuals.


Topic:  Separation of powers between various organs

3) “Theory of Separation of Powers in true sense is for the sake of individual liberty”, comment.(250 words)

Indian Polity by Lakshmikant, D D Basu

Why this question:

The question is direct from the static portions of GS paper II, it tends to evaluate the concept of separation of powers.

Key demands of the question:

The answer must discuss evolution of evolution of separation of powers and explain how the Separation of Powers is implemented in our nation.

Directive word

Commenthere we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction

Introduce by highlighting the significance of separation of power in Indian context.

Body

The body of the answer should address the following dimensions:

  • Understanding that a government’s role is to protect individual rights, but acknowledging that governments have historically been the major violators of these rights, a number of measures have been derived to reduce this likelihood. Theory of Separation of Powers is in true sense for the sake of individual liberty .
  • There should be a separation among all the three organs of the government. Each department should be allotted to a different set of persons confined to its own set of activities having independent jurisdictions. No organ of the government should discharge any functions which it is not meant to do.
  • The theory of Separation of Powers revolves around the idea that, each section of the Government must be confined to the exercise of its own function and it should not be allowed to take upon the functions of other branches. Hence, each branch will be a check to others and so single group of people will be responsible for controlling the machinery of the state.
  • Relevance of the separation of power and the associated changing dynamics with examples.

Conclusion

Conclude with significance.

Introduction:

The concept of separation of powers was first coined by Montesquieu in the modern times during French revolution. According to The theory of Separation of Powers, there are three main organs of the Government in a State- (i) Legislature, (ii) Executive, and (iii) Judiciary. These three powers and functions of the Government must, in a free democracy, always be kept separate and be exercised by three separate organs of the Government. It means that one person or body of persons should not exercise all three types of powers of government. The legislature should exercise legislative functions and powers and should not administer or enforce it. The executive should not control the legislature nor should it take over the functions of the judiciary.

Body:

The theory of separation of the powers signifies the following three different things:

  • One organ of the government should not interfere with any other organ of the government.
  • One organ of the government should not exercise the functions assigned to any other organ.
  • The same person should not form part of more than one of the three organs of the government.

Separation of Powers and protection of Individual liberty:

  • Accumulation of power in any more than one of the branches of the government, would amount to the base of tyrannical rule, whether self-appointed or elected. Ex: Dictatorial rule of Saddam Hussein in Iraq; Emergency period in India during 1975-77.
  • The main objective of the doctrine is to prevent the abuse of power within different spheres of government.
  • In our constitutional democracy public power is subject to constitutional control. Different spheres of government should act within their boundaries.
  • The courts are the ultimate guardian of our constitution, they are duty bound to protect it whenever it is violated.
  • The system of checks and balances is one of the most striking aspects of Indian constitutional scheme.
  • The three organs can practically not be segregated into three incontrovertible compartments due to their interdependence on each other to ensure effective governance.
  • They have to work in harmony and in consonance to attain a meaningful sustenance and purposeful progress of inhabitants.
  • The main object in the Doctrine of separation of power is that there should be government of law rather than having will and whims of the official.
  • Also, another most important feature of the above-said doctrine is that there should be the independence of judiciary i.e. it should be free from the other organs of the state and if it is so then justice would be delivered properly.
  • This would ensure individual liberty as guaranteed in the constitution.

Indian situation:

  • The Indian Constitution has not expressly recognized the Doctrine of Separation of Powers, but there is also the assumption that one wing of the government will not interfere with the other.
  • Apart from the directive principles laid down in Article 50 which enjoins separation of judiciary from the executive, the constitutional scheme does not embody any formalistic and dogmatic division of powers.
  • Cases like R Coelho v. State of Tamil Nadu and Indira Gandhi v. Raj Narain, observed the separation of powers was limited, unlike the United States.
  • However, none of the three separate organs of the Republic can take over the functions assigned to the other, even by resorting to Article 368.
  • In India, not only is there a functional overlapping but there is personnel overlapping also.
  • The Supreme Court has the power to declare void the laws passed by the legislature and the actions taken by the executive if the violate any provision of the Constitution or the law passed by the legislature in case of executive actions.
  • Even the power to amend the Constitution by Parliament is subject to the scrutiny of the Court.
  • The Council of Ministers is selected from the Legislature and is responsible to the Legislature.
  • The Legislature besides exercising law-making powers exercises judicial powers in cases of breach of its privilege, impeachment of the President and the removal of the judges.
  • The Executive may further affect the functioning of the judiciary by making appointments to the office of the Chief Justice and other Judges.

Conclusion:

Government is an organic unity. It cannot be divided into watertight compartments. The Doctrine of separation of power does play a vital role in the creation of a fair government and also fair and proper justice is dispensed by the judiciary as there is the independence of the judiciary. The smooth running of government is possible only by co-operation and mutual adjustment of all the three organs of the government.


Topic : Dispute redressal mechanisms and institutions.

4) Discuss the growing need to place a digital layer on top of existing dispute resolution methods in India in the current age of electronic transactions.(250 words)

Livemint

 

Why this question:

The question highlights the necessity of a robust online dispute settlement system that is being necessitated by the rapidly developing electronic age of transactions in all spheres of economy , polity and social life.

Key demand of the question:

The answer must evaluate the current systems of dispute resolution available in India, and then examine them why they are not sufficient and thus bring out  the necessity of Online dispute resolution system.

Directive word:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Begin with definition of dispute mechanism as a structured process that addresses disputes or grievances that arise between two or more parties engaged in business, legal, or societal relationships.

Body:

In brief discuss –

  • The present available dispute redressal mechanisms.
  • Their effectiveness in the growing age of technology and digitization.
  • Indian scenario.
  • Need for online resolution system – quote examples
  • Discuss and suggest way forward.

Conclusion:

Conclude with optimism, that India is fast moving and It is not beyond its capabilities to harness the merits of technology in its governance systems.

Introduction:

Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

Body:

Indian legal scenario:

  • Justice delayed is justice denied is the basic legal principle, which means if the justice has not been administrated timely it is equal to no justice at all.
  • This phrase is reflecting in Indian judicial system from times. Indian judicial system has been overburdened by huge pendency of cases, which has resulted delay in Justice.
  • Another drawback of Indian legal system is high costs of litigation.
  • These factors have resulted in loss of faith of people in the Indian judicial system. Therefore people avoid going to courts for their claims and disputes.

Present available dispute redressal mechanisms:

  • With the enactment of Information Technology Act, 2000 in India, e-commerce and e-governance have been given a formal and legal recognition in India.
  • Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model.
  • Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India.
  • There is another initiative called ODRways, started by students of NUJS, which is working towards promoting mediation in India, by integrating it with technology.
  • They have developed an online mediation platform for small civil claim disputes.
  • They are also working towards building an online platform for mediators in India, which will make it easier for the general public to engage with mediators when they have disputes.

Need for online resolution system:

  • Online dispute resolution in India is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India.
  • Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day.
  • With a rapid growth of e-commerce in India, the number of disputes related to online transactions is on the rise.
  • The existing dispute redressal mechanisms are falling short of the business growth and customer expectations.
  • Conventional redressal systems require presence of the parties, and are not in synch with modern online platforms.
  • The necessity of the same has arisen due to the growing use of alternative dispute resolving mechanism in India it will reduce the burdening of the already overburdened Courts in India.

Advantages of ODR system:

  • This system is very efficient to solve the disputes which arises in cyber space specially domain name disputes because such disputes are unique to the electronic platform.
  • This system enhances trust and confidence in the e-commerce environment which will ultimately promote the e-commerce.
  • ODR system is very important for small-value disputes due to low cost of this mechanism. In small disputes parties do not prefer to go to the court or to resort traditional ADR system.
  • ODR is also helpful to solve cross-border international commercial disputes, due to jurisdictional and procedural obstacles in traditional ADR system.
  • ODR system overcomes the geographical barriers. Parties need not to travel anywhere for filling the case. Wherever internet is accessible ODR is possible.
  • Similar to the ADR system, ODR mechanism will also help to reduce the pendency in the higher courts as well as in lower courts.

Conclusion:

Today it has become an international phenomenon to resolve commercial disputes through arbitration and not through normal judicial system. Majority of the persons do not want to become involved in lawsuits due to delays, high costs, unwanted publicity. ADR’s provide best solution to these concerns. With the digital prowess in India, we can go a step ahead to come up with the Online Dispute Redressal Mechanism which will ensure timely justice to people.


Topic :  Important aspects of governance, Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

5) India’s achievement rate in deporting fugitives is appallingly low. what are the problems to extradition treaties that India has with different countries? Also, give some recommendations to improve India’s extradition process.(250 words)

Livemint

Reference

Reference

Why this question:

The question is in the context of low rate of deporting fugitives in India, the associated problems with India’s extradition process.

Key demand of the question:

The answer must discuss the lacunae in the India’s extradition process, the low levels of achievements with respect to deporting fugitives. One should suggest what needs to be done to improve the current system of deportation.

Structure of the answer

Introduction:

Introduce by highlighting the alarming situation of extradition process and the lacunae involved therin.

Body:

  • The answer is straight forward and must be explained with recent cases such as that of deportation and extradition process in case of Vijay Mallya, Nirav Modi etc.
  • Discuss the pros and cons of extradition treaties that India has with different countries.
  • What are India’s extradition laws ? – Discuss Indian Extradition Act, 1962 India.
  • What are the internationally accepted extradition conditions? In what situations can the government deny extradition?

Conclusion –

Conclude with what should India do is to sign extradition treaties with more countries. That is the best way forward.

Introduction:

Extradition is the recognised international mechanism for the timely return of fugitives from foreign countries. It is defined as the “delivery of an accused or convicted individual from the country he is found in, to another country that requests his extradition”. Given India’s unsuccessful attempts to bring back offenders like David Headley, Warren Anderson, Vijay Mallya, for example, it becomes important to understand the obstacles that face the country in extraditing fugitives from abroad. India’s track record with securing the extradition of fugitives from justice is modest, with only about a third of all requests since 2002 being accepted.

Body:

India’s extradition laws:

  • In India, the Extradition Act, 1962 regulates the surrender of a person to another country or the request for arrest of a person in a foreign land.
  • The Act specifies a list of extradition offences –an offence provided for in the extradition treaty with that state. The process has to be initiated by the central government.

Problems to extradition treaties that India has with different countries:

  • A reason for the low success rate in the past is the perception that India’s criminal justice system delivers too slowly.
  • As we have extradition treaties with only 44 countries and extradition arrangements with another 9 countries, where there is no treaty the central government is empowered to take action by releasing a notification and treating any convention to which India and the foreign country are parties as the extradition treaty.
  • With the absence of a defined treaty mechanism, India may find it difficult to secure the surrender of criminals who flee to India’s Border States.
  • Extradition is usually not granted for “political offences”; for nationals of the requested country; offences where death penalty may be imposed; where there will be “double jeopardy”; or where there could be actual or potential discrimination on account of religion, race and nationality.
  • The “double jeopardy” clause, which debars punishment for the same crime twice, is the primary reason why India, for example, has been unable to extradite David Headley from the US. Headley, an American terrorist involved in plotting the 26/11 Mumbai attacks, has already been sentenced to imprisonment by US courts, for killing six Americans.
  • Challenges to extradition orders can also be raised outside treaty terms. These are generally based on concerns of human rights violations, such as torture or cruel, inhuman and degrading treatment. For instance, Vijay Mallya’s lawyers argued that the poor conditions in Arthur Road Jail (Mumbai) will be tantamount to inhuman and degrading treatment.
  • Extradition procedures are further complicated by unreasonable delays and variance in documentary requirements of foreign countries.

Successes so far:

  • The extradition to India of British businessman Christian Michel, alleged to be the middleman in the Agusta Westland helicopters case who bribed officials to secure the deal, is a diplomatic success for a number of reasons.
  • Amongst the 44 countries, India has extradition treaties with, the United Arab Emirates has been the most amenable and it has deported or extradited 19 of 66 fugitives to India in the past decade and a half.
  • Since 2002, 66 fugitives have been extradited by the Foreign Governments to India. The majority of them were Indian citizens. 25 persons Violent crimes like murder, kidnapping. 17 persons Economic Offences like fraud, cheating. 13 persons Terrorism

Measures needed:

  • India has about 150 pending requests at present. Therefore, CBI must resort to internationally accepted norms of interrogation, otherwise, it gives other fugitives reasons to oppose the request for extradition to India.
  • Leveraging diplomacy and bilateral negotiations to persuade countries to process requests expeditiously, is an important step.
  • Likewise, India should, on the basis of reciprocity and comity process extradition requests received from foreign states swiftly and efficiently.
  • Extradition arrangements work on the basis of trust and any failure to abide by the assurances would doubtlessly affect the trust between this court and the GoI.
  • If properly dealt with Michel case could bolster India’s reputation as a Country serious about ensuring that justice is served, and expeditiously also.
  • Other mechanisms that can facilitate arrest and extradition of offenders, viz. mutual legal assistance treaties, issuing letters rogatory and information exchange MoUs can be utilised where necessary.
  • Preventive law and policy measures that can deter the escape of offenders may also be explored.
  • India also needs to take steps to dispel concerns regarding poor prison conditions and potential human rights violations of the requested person.
  • Additionally, India could consider signing international instruments, such as the UN Convention against Torture (1984) to establish India’s zero tolerance towards torture and custodial violence.
  • For addressing investigational delays, it is imperative to improve the capacity and organisational efficiencies of law enforcement agencies so that they may conduct speedy investigation in these cases.
  • The Justice Malimath Committee report (2003) recommends setting up a Central Agency, on similar lines with the Federal Bureau of Investigation (USA), to exercise jurisdiction over crimes and offences affecting national security.
  • No doubt measures such as The Fugitive Economic Offenders Bill, 2018 are steps in the right direction as far as dealing with such fugitives is concerned.
  • But what we need to do, if we really want to put an end to this menace, is sign extradition treaties with more countries. That is the best way forward.

Conclusion:

With the benefits of globalisation and integration comes the pressing challenge of offenders fleeing India. Given the obstacles India faces in securing the return of these fugitives, the country must swiftly introduce reforms and leverage diplomacy to create a simpler, frictionless extradition mechanism.


Topic :Indian Economy and issues relating to planning, mobilization of resources, growth, development.

6) The GST regime of the country requires compliance simplicity not conceptual simplicity. Comment in the light of recent controversies of making GST – a single rate platform. (250 words)

Livemint

 

Why this question:

The article discusses the Congress manifesto that promises to work towards a single GST rate, and to bring petroleum under goods and services tax. Thus it is important from the exam point of view to evaluate such a decision and its merits and demerits.

Demand of the question:

The answer must evaluate in detail the recent controversies surrounding GST, about making it a single rate platform. Evaluate the pros and cons of such a move.

Directive word:

Commenthere we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.

Structure of the answer:

Introduction

Start by explaining the context of controversies surrounding GST with respect to single rate.

Body

  • Differentiate between compliance simplicity and conceptual simplicity
  • Why is the idea of single rate bad? – complex and diverse society with huge income variations, the idea of a tax rate that is the same for every product, whether consumed by the rich or poor, is bad from the point of view of political optics and equity.
  • Explain the complexity of GST structure.
  • Weigh the pros and cons of such a move.
  • Conclude with what should be done?


Conclusion

Conclude with way forward.

Introduction:

The Goods and Services Tax (GST) Council recently reduced tax rates on 22 items, of which seven were from the highest slab of 28%. GST was initially promoted as one nation, one tax, and one market. The multiple tax slabs had deferred this objective. However, the Finance Minister has reiterated that there is an eventual plan to move towards a single rate structure under GST.

Body:

Conceptual simplicity is the ease of understanding the concept for everyone, as the one-rate goal suggests.  Compliance simplicity refers to the ease with which most number of tax payers complies or agree to the taxation regime and pay up the taxes.

Present GST rate Structure:       

  • The GST regime has multiple tax slabs with five broad categories of zero, 5 per cent, 12 per cent, 18 per cent and 28 per cent. There are two more GST rates of 0.25 per cent for rough diamonds, precious stones and 3 per cent for gold, silver.
  • A Cess, ranging from 1 to 15 per cent, is levied on demerit and luxury goods over and above the highest rate of 28 per cent.
  • The complicated GST structure we began with can partly be explained by the messy federal bargaining in the GST Council and partly by a flawed incentive structure.

Reasons why India needs a single rate of GST:

  • Difficulty in tax administration: Goes against the canons of taxation. A modern tax system should be fair, uncomplicated, transparent and easy to administer. It must yield revenues sufficient to cover the cost of government services and public goods.
  • Complicated taxation structure: A World Bank study published in May 2018 said that the Indian GST rate was the second highest among the 115 countries with a national value-added tax. It was also the most complicated, with five main tax rates, several exemptions, a cess and a special rate for gold. The multilateral lender said that only five countries had four or more non-zero tax rates—India, Italy, Pakistan, Luxembourg and Ghana.
  • Ghana introduced GST in 1995 with three different rates but soon abandoned it since it became too complicated to implement. China had a similar experience, and it too eventually rejected multiple rates in favour of a simple policy with one single rate across all industries.
  • This skew violates the basic principle of revenue collection: the lower the taxation rate, the higher the compliance.
  • High compliance costs: are also arising because the prevalence of multiple tax rates implies a need to classify inputs and outputs based on the applicable tax rate. Along with the need to apply the correct rate, firms are required to match invoices between their outputs and inputs to be eligible for full input tax credit, which increases compliance costs further.
  • Instability in tax regime: The GST rates for various goods and services have been shifted from one slab rate to another over the past 1.5 years. The federal demands from states during GST Council Meetings to assuage their fears are the main cause. Multiple rates create problems of classification, inverted duty structure and large-scale lobbying.
  • Estimation overshot: GST collections have not met with the monthly revenue and growth targets which validates the need for keeping certain goods in higher tax bracket

Limitations of single rate of GST:

  • Accentuates Revenue loss to states: Standard rate might lead to concerns related to revenue losses of the state. The revenues loss prospects under multiple slabs will be much less as opposed to the single rate.
  • Progressive nature: Makes the tax less regressive as it treats rich and poor in different way. A single GST rate structure in India would have made an apt case for ‘equality’ in taxes, but would have failed on the grounds of ‘equity’.
  • While a single-rate structure might have made the tax system simpler, it would neither have been equitable and revenue-neutral nor would it have been acceptable to all states.
  • Higher Revenues: GST collections are expected to increase further in the coming months due to an expanding tax base and better compliance, with more states using the e-way bill system.

Even NITI Aayog member Bibek Debroy had opined that Multiple rates a key problem with present GST. Various Committees were formed for simplifying GST Rate structure. Example: Arbind Modi committee had recommended a 12% GST rate, of which 5% would go to the Union government, 5% to the state governments and the other 2% to the third tier of government.

Way Forward:

  • The first target should be to move to at least a three-rate structure, a lower rate for essential goods, a relatively high rate for luxury goods, and a standard rate for the majority of goods and services.
  • The next step would be simplify the tax returns process.
  • The scope for lowering the GST rate is umbilically linked to direct tax reform.
  • A better way to make a tax system more just is by lowering regressive indirect tax rates while widening the base for progressive direct taxes on income and corporate profits.
  • Many goods are still outside the GST net, which comes in the way of seamless flow of input tax credit. Key items outside its ambit are electricity, alcohol, petroleum goods and real estate. This aspect need to be looked into.
  • Emulating the best practices. The GST in New Zealand, widely regarded as the most efficient in the world, has a single standard rate of 12.5 percent across all industry groups.

Conclusion:

The problems of the complicated GST with multiple rate structure and high compliance costs are now evident. The next government —of whatever political persuasion—will have the onerous task of untangling the mess.


Topic : Emotional intelligence-concepts, and their utilities and application in administration and governance.

 7) Is emotional intelligence influenced by cultural tie-ups? differentiate the application of emotional intelligence in Indian society from that of western society. (250 words)

Ethics by Lexicon publications.

Why this question:

The question is based on the concept of emotional intelligence and the factors of culture influencing it.

Key demand of the question:

The answer must first elaborate on concept and then discuss influence of different cultures and move on to differentiating how the idea differs in Indian society in comparison to Western world.

Structure of the answer:

Introduction:

Define emotional intelligence,

Body:

  • Elaborate on the term – emotional intelligence ; Emotional intelligence can be said to cover five main areas: self-awareness, emotional control, self-motivation, empathy and relationship skills. It is, of course, important for good communication with others – and is therefore a gateway to better learning, friendships, academic success and employment. Skills such as these developed in our formative years at school often provide the foundation for future habits later on in life.
  • Influence of culture on emotional intelligence – Given variations in the physical and social challenges facing different societal groups, it is not surprising that intelligent behaviour is defined differently across cultures.
  • Traditionally, the West has defined intelligence in terms of the speed and accuracy of cognitive (mental) skills within an academic setting. But successful adaptation in many societies does not translate to the Western notion of academic intelligence. Asian and African cultures, for example, emphasize the relative importance of social skills.
  • Discuss while social and emotional intelligence predict effectiveness in culturally homogenous environments, cultural intelligence predicts effectiveness in culturally diverse settings and explains differences in coping and functioning outside one’s home culture. In fact, research shows cultural intelligence is a better predictor of success in diverse settings than cognitive ability, emotional intelligence (EQ), personality, demographics, and international experience.

Conclusion:

Conclude with significance of Emotional intelligence .

Introduction:

Emotional intelligence or EI is the ability to understand and manage your own emotions, and those of the people around you. Emotional intelligence is the ability to perceive emotions, to access and generate emotions so as to assist thought, to understand emotions and emotional knowledge, and to reflectively regulate emotions so as to promote emotional and intellectual growth.

Body:

Emotional intelligence and cultural tie-ups:

  • Culture can have a profound impact on the way in which people display, perceive, and experience emotions.
  • The culture in which we live provides structure, guidelines, expectations, and rules to help us understand, interpret, and express various emotions.
  • A “cultural display rule” is a culturally specific standard that governs the types and frequencies of emotional displays considered acceptable by a given culture.
  • For example, in many Asian cultures, social harmony is prioritized over individual gain, whereas Westerners in much of Europe and the United States prioritize individual self-promotion.
  • Cultural scripts dictate how positive and negative emotions should be experienced and displayed; they may also guide how people choose to regulate their emotions, ultimately influencing an individual’s emotional experience.
  • Cultural contexts also act as cues when people are trying to interpret facial expressions. This means that different cultures may interpret the same social context in very different ways.
  • Despite different emotional display rules, our ability to recognize and produce basic facial expressions of emotion appears to be universal. In fact, research has discovered seven basic types of emotions expressed in human faces: sadness, happiness, disgust, surprise, anger, contempt, and fear.
  • Complex emotions such as jealousy, love, and pride are different from basic emotions and are more likely to be dependent on cultural influences than are more basic emotions.

The application of emotional intelligence in Indian society from that of western society:

In western society:

  • In western  perspective,  the  concept  of  EI  was  explained  in  terms   of     
  • The proposed   scientific   models   pose   theoretical explanations of the components included in the concept     of     emotional         
  • These theoretical     approaches    or    models    try    to    discover    the    emotional    components  that  underlie  emotionally  intelligent  people,  the  mechanisms  and  the  processes  that  set  off  the  use  of  these  abilities    in    everyday      
  • Various psychologists have suggested different models of emotional intelligence.
  • Traditionally, the West has defined intelligence in terms of the speed and accuracy of cognitive (mental) skills within an academic setting. But successful adaptation in many societies does not translate to the Western notion of academic intelligence.

In Indian society:

  • Contrary to western conceptualization of self, there exists a relational and situational sensitive   understanding   of     
  • Non-western societies like   India,   China,   and   Japan   perceive   a   person   connected to others and less differentiated from them.
  • The Indian view of self is characterized more as
  • Emotions are not distinct biological events, but are influenced and shaped through social, cultural and linguistic processes.
  • the “concept  of  emotional  intelligence  in  the  Indian  context  is  embedded  in  its  highly  valued   social   concerns,   virtues,   religious   traditions,   and   cultural  practices”.
  • The Indian  concept  of  EI  focuses  on  the  role  of  significant  others including the guru, family and larger society in shaping and   developing   one’s   emotional  
  • Certain traits   valued   in   the   Indian   culture   like   respecting     elders,     caring,     kindness,     compassion     and     peacefulness involve typical emotional expressions.
  • These are grounded in  the  cultural  traditions  and  have  been  passed  on  from  one  generation  to  the  next  in  various 

Conclusion:

                Thus, Emotional intelligence has some impact of the culture and vice-versa.