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.
General Studies – 1
Topic : population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies.
Reference: NCERT Geography Class 12 Chapter 11 Population: Distribution, Density, Growth and Composition.
Why the question:
The question is from the static portions of GS paper I.
Key Demand of the question:
Explain the concept of ‘Age-structure’ of a population; discuss its relevance for economic development and growth.
Directive:
Discuss – This 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:
Start with the definition of ‘age-structure’.
Body:
Discuss the concept and explain age structure of population. Relate it with demographics transition model and reasons for changing age structure.
Explain how age structure changes in response to changes in levels of development and the average life expectancy. Initially, poor medical facilities, prevalence of epidemic disease and other factors make for a relatively short life span. Moreover, high infant and maternal mortality rates also have an impact on the age structure.
Discuss and present its relevance for economic growth.
Conclusion:
Conclude by highlighting some ways of managing age structure related issues.
Introduction:
The age structure of the population refers to the proportion of persons in different age groups relative to the total population. Age structure is the proportion of a population in different age classes. The age structure of a population is an important factor in population dynamics.
India is a vast country with a great amount of diversity in various attributes of population. The same is true for the age structure of population also.
Body:
- The age structure changes in response to changes in levels of development and the average life expectancy. Initially, poor medical facilities, prevalence of epidemic disease and other factors make for a relatively short life span.
- Moreover, high infant and maternal mortality rates also have an impact on the age structure. With development, especially medical facilities, quality of life improves and with it the life expectancy also improves (epistemological transition).
- Change in the age structure is known as epistemological transition. Now relatively smaller proportions of the population are found in the younger age groups and larger proportions in the older age groups. This is also referred to as the ageing of the population.
Relevance for Economic development and Growth
- Age Structure maps out population pyramid: In case of India, those under 15 years old has decreased from 42% in 1971 and is projected to be 23% by 2026, while over 60 years age group will increase from 5 to 12 % in the same period. In the same period working age group has increased from 53% to 64%. This is known as demographic dividend.
- Such an age structure bodes well for the economy as there would be low dependency ratio and more availability of workforce.
- Age Structure helps in gauging needs of economy and help tackle challenges arising due to changing demographics: Demographic Dividend can only be exploited with commitment levels of skill formation, education and new employment opportunities.
- In future, rising old age cohort will need economic structures aligned to their needs as is present case of Japan, where there is increasing cases of lifestyle diseases requiring health and expenditure towards that needs resulting in development of newer sectors in economy.
- Age Structure also highlights regional differences in demographics and helps foster federalism by allowing units of a country to devise economic growth policies as per their age structure
- For example, Kerala has a higher proportion of old age group requiring focus on their health needs while Uttar Pradesh still has a large proportion of the population in lower age group needing focus on childcare, schooling, etc.
Conclusion:
Age structure is significant in highlighting the demographic undercurrents. It by itself doesn’t bring about economic growth but models can be developed for exploiting the demographic structure through schemes like Skill India Mission, Start-up India, and MGNREGA for exploiting demographic dividend in India, along with a pro-migration policy to provide for workforce in ageing countries like Germany, Japan.
General Studies – 2
Topic : Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Reference: The Hindu
Why the question:
The question is about the Ayurveda and Allopathic practices in India.
Key Demand of the question:
Account for the history of Ayurveda and Allopathic practices in India. And explain the issues associated with Ayurveda and Allopathic professionals of today.
Directive:
Account – Weigh up to what extent something is true. Persuade the reader of your argument by citing relevant research but also remember to point out any flaws and counter- arguments as well. Conclude by stating clearly how far you are in agreement with the original proposition.
Structure of the answer:
Introduction:
Recently, the Indian Medical systems of Ayurveda, Siddha, Sowa-Rigpa and Unani Medicine have identified surgical procedures that can be performed by postgraduate Ayurvedic doctors in Shalya (surgery).
Body:
In the answer body first discuss the history of Ayurveda and Allopathic practices in India.
Discuss the issues associated with Ayurvedic and Allopathic professionals.
Explain the issues in detail, suggest what can be done; present solutions.
Conclusion:
Conclude with way forward.
Introduction:
Traditional medicine is considered as a major healthcare provider around the globe particularly in rural and remote areas. Indian traditional medicinal system like Ayurveda, Siddha and Unani has a very rich history of their effectiveness. Mainstreaming of such medicine is important for the people. Evidence based incorporation of Indian traditional medicine in clinical practice will help to provide quality healthcare to all. In spite of incredible advances in modern science, technology and allopathic medicine a large we are unable to provide quality healthcare to all.
Body:
Significance of Alternative Medicine:
- These systems are based on definite medical philosophies and represent a way of healthy living with established concepts on prevention of diseases and promotion of health.
- Importance and demand of Yoga, Ayurveda, Homeopathy, Siddha and Unani medical systems have grown especially due to growing challenges of Non-Communicable Diseases (NCDs), lifestyle disorders, long term diseases, multidrug-resistant diseases, which are not easily solved by the allopathic medical system.
- Public patronage and institutional support to widen the strength of these systems in curative, preventive, promotive aspects of health care.
Issues:
- Steps were taken to uplift the sector after the Report of the Committee on Indigenous Systems of Medicine, published by the Ministry of Health in 1948 but they were scrapped later. Almost all attempts of integration of AYUSH sector has failed till now.
- The policy to mainstream AYUSH faces the problem of inadequate medicines, lack of health centres, capacity building, practitioners and public faith on its efficiency.
- Integration of AYUSH into the health-care system faces the debate of, whether to provide AYUSH facilities everywhere leaving no place behind or to improve the existing facilities to full potential.
- Competition with modern medicine:
- Dishonest practices by most of the AYUSH practitioners makes allopathy look more trustworthy and scepticism towards AYUSH treatments and procedures.
- Mindless cosmeticisation of AYUSH products in the name of natural-organic origin in comparison to the artificial allopathic products.
- More focus on the export promotion of AYUSH products to gain market attention.
- Sharp status gap between modern medicine and AYUSH and little has been done to harmonise both the sectors. Merely expanding AYUSH’s framework will only expand the present list of problems.
- AYUSH lobby fears a loss of identity following such integration. The allopathic lobby alleges that standards of medical care would be diluted after the integration.
- In the case of traditional medicine, an isolationist attitude to keep it separate from other systems of medicine, could deter scientific scrutiny and block some potential value addition.
Advantages of integration:
- Tremendous advances in healthcare sector coexist with inequities in accessibility, availability and affordability of the healthcare facilities in many parts of India.
- Integration of Ayurvedic and others Indian traditional medicine in clinical practice will helpful to promote the health of the people who are unable to access the modern medicine properly.
- Variety, flexibility, easy availability, religious/social acceptance, relative low side effect and cost are the key factor for the need of revival of traditional medicine.
- A study in rural area of West Bengal shows that folk medicine plays a key role to prevent common diseases likes small injuries, skin disease, fever, dehydration, diabetes, high BP, liver disease etc in better way.
- In India, the ratio of the doctor-patient is 1:1700 if we consider only allopathic doctors, the ratio will come to 1:800 if the AYUSH practitioners are added. This is much better than the WHO recommendation of 1:1000.
Measures to be taken for integrating AYUSH with Allopathic medicine system:
- Facilitating meaningful cross-learnings and collaborations between the modern and traditional systems on equal terms.
- Envisioning the integration of education, research, and practice of both systems at all levels.
- Including training of AYUSH practitioners in modern medicine through curriculum changes and vice versa.
- However, prerequisites of such integration need substantial groundwork:
- Building a strong traditional medicine research and scientific evidence corpus.
- Delineating the relative strengths, weaknesses, and role of each system.
- Negotiating the philosophical and conceptual divergences between systems.
- Standardising and regulating AYUSH practices and qualifications.
- Addressing the unique issues associated with research into AYUSH techniques.
- India can learn from the Chinese example of integrating Traditional Chinese Medicine with Western medicine.
- Recently, the National Medical Commission Bill, 2019 was passed, despite the opposition from the orthodox medical community which shows the political will to work towards the goal.
Way Forward
- A middle path needs to be found out by an integrated framework- merging the two systems of medicine while also leaving enough scope for their autonomous growth.
- Medium and long-term plans for seamless integration should be developed expeditiously in view of the massive drive for achieving universal health care already underway in the country.
- Through this India will be able to address the subservient status of AYUSH and foster its legitimate inclusion into mainstream health care.
Conclusion:
Indian traditional medicine like Ayurveda and others have sound scientific background of effectiveness and also acknowledged by the recent researches. Although efforts are needed to overcome barriers like irrational use, quality control and standardisation issues etc. Stick implementation of rules, monitoring and periodic revision of regulations are absolute necessary to promote Indian traditional medicine. Overall, adequate knowledge about the system, high quality clinical trial, proper information about such drugs and their effectiveness among common people required towards the promotion of such medicine.
Topic : Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Reference: Financial Express
Why the question:
The article from financial express explains that decentralisation has to be logically extended beyond designated district committees to gram panchayats.
Key Demand of the question:
Explain the importance of decentralisation at Gram Panchayat levels to accelerate skill development in the country.
Directive:
Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Structure of the answer:
Introduction:
Explain that in the backdrop of covid-19, decentralisation has gained significance than ever before.
Body:
Explain the current decentralisation that exist the country. It is evident that building adequate capacities at the grass-roots levels for identifying employment opportunities early and anticipating skill requirements at the level of districts is critical for an outcome-focused skills training system. But how it has to be done and why has this not been done till date are the questions that require careful examination from the skill development ecosystem, its trajectory of expansion, and the extent of decentralisation of its planning and operations.
Explain the importance of Gram panchayats-skill development program linkages.
Take hints from the article and suggest your views.
Conclusion:
In conclusion, but perhaps in what is really the beginning, decentralisation has to be logically extended beyond DSCs to gram panchayats. A robust DSC underpinned by gram panchayats, active in skill planning and implementation, would not only help handle the current challenges of rural distress and sustained livelihood, but also improve qualitative growth of the labour market.
Introduction:
73rd and 74th Constitutional Amendments were passed by Parliament in December, 1992. Through these amendments local self-governance was introduced in rural and urban India. The primary objective of establishing the third tier of the government (PRI) is to increase democratic participation, to better articulate local needs and priorities, and to ensure a more efficient use of local resources along with greater accountability and transparency.
Body:
In the wake of COVID-19 pandemic induced current challenges of rural distress and sustained livelihood, decentralisation has to be extended beyond designated district committees to gram panchayats, to accelerate skill development and improve qualitative growth of the labour market in the country.
Need for decentralisation
- India has 487 million workers, and over a million join the labour force every month. India ranks 78th on a list of 122 countries as per the Human Capital Development report of the World Economic Forum.
- Therefore, the skill training ecosystem must take an integrated view of existing and potential demand, trainees, training providers and employers.
- Decentralised skill programme formulation and implementation would systematically capture demand, which, in turn, would result in supply rearranging itself to meet this demand.
- Effective decentralisation presupposes utilising existing institutions to greater effect. The Ministry of Skill Development and Entrepreneurship (MSDE) is responsible for national skills training policy and management, and is aided by many institutions.
- The State Skill Development Missions (SSDMs) were launched in nearly all states to manage their skill development. Most states have also created designated district committees (generally called DSCs, but known by different appellations across states) to manage skill development.
- In many cases, DSCs have not been able to arrive at action plans to achieve their objectives. They lack leadership as well as financial resources. Most do not have a working secretariat. Their positioning and role at the district level is yet to be clearly spelled out.
- Governments need to strengthen DSCs by providing adequate financing. Professionals and subject-matter experts must be engaged for economic potential mapping and aligning skills to opportunities.
- A robust working linkage is needed between state skill missions (SSDM) and DSCs, so that opportunities and capacity at the national and state levels can be factored into the DSDPs.
Issues with district planning committees (DPCs):
- DPCs are not functional in their truest sense in most of the states. In a few states they are not even constituted properly, while in most states they are constituted but not in constitutionally desired ways.
- Several states such as Chhattisgarh, Gujarat, Madhya Pradesh, Orissa, Maharashtra, Punjab and Himachal Pradesh have Ministers as Chairpersons of DPCs. This severely hampers the participative nature of the planning process in the DPC.
- Among the states, DPCs are functioning regularly only in a few states even though the expected quality of functioning needs to improve significantly. Quite often they meet to discuss bottlenecks in planning without being able to sort them out.
- DPCs have not been able to effectively enable rural -urban linkages.
- Coordinated planning is not taking place, and any joint project planning has not necessarily resulted in integrated project implementation.
- Block level integration of rural and urban plans has not been achieved which may be important especially in the case of small towns which have strong links with the rural hinterland.
- Inter-sector coordination was not realized and often resisted on account of being inconvenient and against the status quo as well.
- Funds given to Panchayats are tied down to schemes, thus limiting the scope for determining and addressing local priorities through a planning exercise. In this regard, CSSs pertaining to functions devolved to Panchayats now constitute the largest element of such tied funds.
Measures needed:
- The DPCs need to be given adequate financial support, permanent office and secretariat in order to enable them to perform their tasks effectively.
- There is a need for capacity building of members on the role and functions of DPC and on the tenets of integrated planning for social and economic development.
- The Rural and Urban Local Bodies also need to be oriented to adopt an integrated approach to planning. While preparation of annual plans they have to keep in mind the medium and long-term vision and goals for the district.
- The multiplicity of planning agencies in urban local bodies make the planning process very complicated – these need to be integrated into the ULB itself, as mandated in the 74th Amendment Act.
- The guidelines issued by the Planning Commission pertaining to the preparation of the plan for the district and the recommendations of the Expert Group regarding the planning process at the district level should be strictly implemented.
- Each State Government should develop the methodology of participatory local level planning and provide such support as is necessary to institutionalise a regime of decentralised planning.
- States may design a planning calendar prescribing the time limits within which each local body has to finalise its plan and send it to the next higher level, to facilitate the preparation of a comprehensive plan for the district
- For urban districts where town planning functions are being done by Development Authorities, these authorities should become the technical/planning arms of the DPCs and ultimately of the District Council.
Conclusion:
Perhaps in what is really the beginning, decentralisation has to be logically extended beyond DSCs to gram panchayats. A robust DSC underpinned by gram panchayats, active in skill planning and implementation, would not only help handle the current challenges of rural distress and sustained livelihood, but also improve qualitative growth of the labour market.
General Studies – 3
Topic : Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money laundering and its prevention.
Reference: The Hindu
Why the question:
At the fifth BRICS Media Forum, representatives of media organisations from BRICS have called for the member nations to work jointly to combat the virus of disinformation during the pandemic.
Key Demand of the question:
Discuss the efforts required at both global level and national level combat the virus of disinformation during the pandemic.
Directive:
Discuss – This 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:
Discuss first what the issues are about disinformation.
Body:
The COVID-19 outbreak is a global public health crisis, but unfortunately its impact goes much beyond the health dimension. From the very beginning, UN Secretary General, M. Antonio Guterres, has denounces the “massive infodemic” of disinformation and misinformation swirling amidst the COVID-19 pandemic as a driver of the crisis itself.
The COVID-19 outbreak has exposed fragilities in societies and economies across the globe. The dis-infodemic is deepening those fissures in societies and economy worldwide.
In recent years, mass media and social networks have played an important role in disseminating information regarding public health. During the COVID-19 epidemic, misinformation and fake news have represented an important issue generating confusion and insecurity among the population.
Explain the reasons; suggest efforts taken at both global level and national level combat the virus of disinformation during the pandemic.
Conclusion:
Conclude with way ahead.
Introduction:
Infodemic refers to an excessive amount of information concerning a problem such that the solution is made more difficult. Some experts believe that an infodemic, or an excessive amount of both correct and incorrect information, is spreading around the world. The worst-case scenario is that inaccurate information is potentially spreading faster than the virus itself, causing people to make poorly informed decisions. The WHO has declared misinformation and fear as some of the biggest challenges they face with the new coronavirus.
Body:
Challenges posed by Infodemic:
- WHO is leading the effort to slow the spread of the 2019 coronavirus disease (COVID-19) outbreak.
- But a global epidemic of misinformation—spreading rapidly through social media platforms and other outlets—poses a serious problem for public health.
- every outbreak will be accompanied by a kind of tsunami of information, but also within this information you always have misinformation, rumours etc,
- But the difference now with social media is that this phenomenon is amplified, it goes faster and further, like the viruses that travel with people and go faster and further.
- In a country such as India, where 400 million turn to a single messaging app for sharing news and stories about any and everything, more than 240 million are on Facebook and, often, using it as the predominant source of news, a critical mass of misinformation leads to misdirected behaviours.
- In times of crises, cybersecurity is critically important, he stressed, adding that a huge number of people under lockdown or movement restrictions are now working and studying remotely, making them susceptible to cybercrime.
- Some instances are hard to ignore some dominant narratives: Bioweapons origins of the coronavirus (false); Bill Gates was behind it (false); UNICEF’s recommendations for warding off infection (unauthorized).
Measures taken up:
- Immediately after COVID-19 was declared a Public Health Emergency of International Concern, WHO’s risk communication team launched a new information platform called WHO Information Network for Epidemics (EPI-WIN), with the aim of using a series of amplifiers to share tailored information with specific target groups.
- WHO is also working closely with UNICEF and other international agencies that have extensive experience in risk communications, such as the International Federation of Red Cross and Red Crescent Societies.
- Social-media companies must sort, rank, and prioritize true and reliable information now more than ever.
- Web companies such as Pinterest have already introduced headers and links on their homepages with information about Covid-19, for example.
Way forward:
- Maintaining a system of fact-checking and tough standards regarding COVID-19 and weeding out messages, hashtags and transmitters that fail to meet them.
- The traditional media has a key role in providing evidence-based information to the general public, which will then hopefully be picked up on social media.
- For both social and conventional media, it is important that the public health community help the media to “better understand what they should be looking for, because the media sometimes gets ahead of the evidence”.
- We, as users, have a responsibility to find better ways to seek advice or substitutes for that dopamine rush of sharing a message instantly liked, commented on and shared by others.
- As a society, much like our global response to the coronavirus, we cannot rely on bottom-up decisions.
- We need decisive leadership from the top. In the digital nations we inhabit, Facebook, Facebook-owned WhatsApp, YouTube, Twitter, TikTok, it is imperative that the leaders of these nations act – and act now.
- It is about time, Mark Zuckerberg (Facebook/WhatsApp), Sundar Pichai (Google/YouTube), Jack Dorsey (Twitter) and Zhang Yiming (TikTok) made some tough calls, much like what their own political leaders have done.
- It would be more useful if instead of a coy “Forwarded” note, WhatsApp had a note that said, “For Reliable Medical Advice, Check Out the WHO” or some other trustworthy medical authority
Conclusion:
It is time to step up and help us all practise social media distancing by enforcing stricter standards. Beyond India, the entire developing world relies on your platforms for news about the pandemic. If there ever was a time to demonstrate vision and leadership, this is the time for the digital leaders to flatten the curve of the infodemic before it flattens the most vulnerable populations on the planet.
General Studies – 4
Topic : Case Study
Why the question:
Case study based question.
Key Demand of the question:
The case study is based on the principles of honesty and integrity. One has to reason effectively the case at hand and justify views with suitable substantiation.
Structure of the answer:
Introduction:
First identify the stakeholders in the case and explain the case involved.
Body:
Discuss the case of potential “Conflict of interest” involved; define what you understand by it, how such situations can be resolved.
Give your opinion as to what should be the position of the judge; what are the routes available to him.
Discuss and evaluate each option and justify your viewpoint.
Conclusion:
Conclude with ethical solutions that satisfy the situation without harming or causing wrongs to the stakeholders involved.
Introduction:
Recusal is “removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.” Duty to act fairly and impartially is ingrained in articles 14 and 21 of the constitution.
Body:
In the recent past, the Constitution Bench of the Supreme Court will decide whether Justice Arun Mishra should be on a bench to decide a matter on which he has given a judgment earlier.
- The case that Justice Mishra is hearing as part of a five-judge Constitution bench pertains to the land acquisition law.
- There have been demands for his recusal as Justice Mishra would be judging his own earlier judgment.
- But Justice Mishra has defended his right to rule in the matter and called such demands an attempt at “bench hunting”.
The basic principle of judicial conduct:
- In taking the oath of office, judges, both of the Supreme Court and of the high courts, promise to perform their duties, to deliver justice, “without fear or favor, affection or ill-will”.
Stakeholders involved –
- Judge who sit in who play primary role in dispensing justice.
- The Larger bench on whose consensus final verdict is passed.
- The institution of judiciary who maintain trust of citizens as guardian of constitution.
- Petitioners and defendants.
- Public who largely affected by the judgement.
Potential Conflict of Interest:
- Professional integrity versus personal integrity.
- Personal liberty versus Institutional liberty.
OPTIONS AVAILABLE:
- Accepting recusal and withdrawing himself from case.
Merits of action –
- Protect impartiality of institution of judiciary.
- Reinforce citizen’s trust upon judiciary.
Demerits –
- Giving in to public pressure against his conscience.
- Not accepting recusal and continuing with the case.
Merits of action-
- True to his conscience.
Demerits:
- May adversely impact the verdict of case.
- Set wrong precedents for the juniors to prioritize their personal values
Course of Action:
- Understand and analyse the potential conflicts of Interest and their impact on the case.
- If the conflicts are pronounced ones- accept the recusal because that would
- protect judicial integrity and maintain discipline
- uphold the institutional integrity rather than personal integrity
- Set a right judicial precedent and upholds judicial accountability.
- Else if the conflicts are not serious ones then continue to be a part of the bench and ensure impartial justice delivery upholding the values of integrity.
- In such cases “Not only must Justice be done; it must also be seen to be done.”
Topic : Case Study
Why the question:
The case study is in the backdrop of scrapping of article 370.
Key Demand of the question:
Present your viewpoints as to whether civil servants be given more autonomy especially freedom of expression in such backdrop.
Structure of the answer:
Introduction:
In the introduction discuss briefly the effect of scrapping article 370.
Body:
Firstly map the ethical issues that would possibly arise owing to the decision – Security and order, Livelihood and employment, Economic development, Business friendly environment, Scrapping of Article 370 has one objective to bring economic development, integrate people, imbibe sense of confidence etc.
Explain the importance of more autonomy especially freedom of expression to civil servants.
Conclusion:
Conclude with solutions that ethically satisfy the situation.
Introduction:
Owing to imposition of curbs in Jammu & Kashmir after revocation of Article 370 and bifurcation of the state in Union Territories in August last year, further brought out simmering discontent among civil servants, Three IAS officers have resigned from the service in the last one month. Kannan Gopinathan, an AGMUT-cadre officer, Shah Faesal and Sasikanth Senthil, a Karnataka-cadre officer, resigned over ‘lack of freedom of expression’ and abrogation of Article 370.
Body:
Ethical Issues associated with the scrapping of the article
- Negatively affects the security and law and order of the sate
- The subsequent shut down curbed the basic right to freedom
- Put at stake, the employment of common man
- Slowed down the economic development of the region
Civil services and freedom of expression:
The right to freedom of speech and expression is restricted under Service conduct rules of Bureaucracy on Free Speech (rule 5)
- Rule 5(1) stipulates that no Government servant shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of, or such in any other manner, any political movement or activity.
- Rule 5(4) stipulates that no Government servant shall canvass or otherwise interfere with, or use influence in connection with or take part in, an election to any legislature or local authority.
However, due to suspension of some of the civil servants over their remarks or criticism of the Government on social media platforms puts a limelight on the debatable issue of freedom of speech for civil servants.
Reasons for restriction:
- In practical terms sometimes it might possible that one decision of the government is beneficial for one group or community and discriminatory for the other one. In this times if a civil servant speaks against the government then it might disrupt the harmony in the administration and society.
- It is the constitutional duty of a Civil servant to implement the formulated policies and schemes by the government. Hence, if civil servants goes against the policies of government then the job of implementation would be in trouble.
- Basic criticism of the government is not seen as sedition unless the Government believes that it was calculated to undermine the respect for the government in such a way so as to make people cease to obey it.
- Section 124A of the Indian Penal Code defines the offence of sedition
- In Kedar Nath v. State of Bihar (AIR 1962), the court upheld the constitutional validity of the Section 124A of I.P.C and also upheld the view taken in Niharendu’s case.
However, recent judgements by Tripura High court and Kerala High court gave a different direction to this debate.
- In its judgment, the Tripura High Court has mentioned that government servants are entitled to hold and express their political beliefs, subject to the restrictions laid under Rule 5 of the Tripura Civil Services (Conduct) Rules, 1988.
- In its judgment, the Kerala High Court has mentioned One cannot be prevented from expressing his views merely because he is an employee. In a democratic society, every institution is governed by democratic norms.
- Healthy criticism is a better way to govern a public institution. e.g. The lokdarbar’s organised by the political leaders and civil servants are one such examples.
- Restrictions applied through the service rule, that come in conflict with Article 19 (1)(a), right to free speech shall override unless the rules in question are covered under Article 19 (2), the framework that provides for reasonable restrictions.
- In a nutshell, any restriction imposed even through the conduct rules will have to qualify the requirements of Article 19(2). The conduct rules are flexible enough to accommodate certain kinds of expression which may not necessarily be political in nature.
Sardar Patel had made the following observations in the Constituent Assembly to support the continuance of the pre-independence civil service structure:
“It needs hardly to be emphasized that an efficient, discipline and contended civil service assured of its prospects as a result of diligent and honest work, is a sine-qua-none of sound administration under democratic regime even more than under an authoritarian rule. The service must be above party and we should ensure that political considerations, either in its recruitment or in its discipline and control, are reduced to the minimum if not eliminated altogether.”
Conclusion:
The right to Freedom of Speech and Expression plays a key role in the formation of public opinion on the political, social and economic matters. It is, therefore, quintessential for the functioning of democratic processes. Hence, a fair and constructive criticism is a welcome step even if it comes from the civil servant. But, the criticism should be in consonance with the principle enshrined in the Constitution of India.
