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: Social empowerment
Difficulty level: Moderate
Reference: Indian Express
Why the question:
The Delhi High Court is hearing a challenge to the validity of the IPC provision for marital rape immunity.
Key Demand of the question:
To write about the need for criminalization of marital rape in India.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, mention the need to criminalize marital rape in India – loss od dignity, abuse, constitutional rights of women, marital rape as a symbol of oppressions of women.
Next, write about impediments to criminalization of marital rape – investigation, fake cases, burden on police and judiciary etc.
Conclusion:
Conclude by writing a way forward.
Introduction
Marital rape is the act of sexual intercourse with one’s spouse without the consent of the other spouse. Although it was once widely unrecognized by law and society as wrong or as a crime, it is now recognized as rape by many societies around the world. Criminal Law in India has been amended multiple times for the protection of the women. However, the non-criminalization of marital rape in India undermines the dignity and human rights of women.
The Delhi High Court is hearing a clutch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age, also known as the “marital rape exception”.
Body
Current scenario:
- Marital rape has been impeached in more than 100 countries but, unfortunately, India is one of the only 36 countries where marital rape is still not criminalized.
- In 2013, the UN Committee on Elimination of Discrimination Against Women (CEDAW) recommended that the Indian government should criminalize marital rape.
- The JS Verma committee set up in the aftermath of nationwide protests over the December 16, 2012 gang rape case had also recommended the same.
- As per the NCRB report, in India, a woman is raped every 16 minutes, and every four minutes, she experiences cruelty at the hands of her in-laws.
- An analysis of National Family Health Survey (NFHS) 2015-16 data indicates that an estimated 99.1 per cent of sexual violence cases go unreported and that the average Indian woman is 17 times more likely to face sexual violence from her husband than from others.
Marital Rape: inconsistent with the law as well as the constitutional rights of women:
- Rape laws in our country continue with the patriarchal outlook of considering women to be the property of men post marriage, with no autonomy or agency over their bodies.
- They deny married women equal protection of the laws guaranteed by the Indian constitution.
- Lawmakers fail to understand that a marriage should not be viewed as a licence for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman.
- The concept of marital rape in India is the epitome of what we call an “implied consent”.
- Marriage between a man and a woman here implies that both have consented to sexual intercourse and it cannot be otherwise.
- The centre argues that criminalising marital rape would destabilise the institution of marriage and be an easy tool for harassing the husbands.
- It has cited the observations of the SC and various HCs on growing misuse of Section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.
- The Indian Penal Code, 1860, also communicates the same. Section 375 defines the offence of rape with the help of six descriptions. One of the exceptions to this offence is “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape”.
- Earlier, Section 375 (Exception) created a classification not only between consent given by a married and unmarried woman, but also between married females below 15 years of age and over 15 years old. This was rightfully struck down by SC and made it 18 years.
Need to criminalize Marital Rape in India
- The SC judgment was only a small step towards striking down the legalisation of marital rape.
- It is high time that the legislature should take cognisance of this legal infirmity and bring marital rape within the purview of rape laws by eliminating Section 375 (Exception) of IPC.
- By removing this law, women will be safer from abusive spouses, can receive the help needed to recover from marital rape and can save themselves from domestic violence and sexual abuse.
- Indian women deserve to be treated equally, and an individual’s human rights do not deserve to be ignored by anyone, including by their spouse.
Conclusion
Rape is rape, irrespective of the identity of the perpetrator, and age of the survivor. A woman who is raped by a stranger, lives with a memory of a horrible attack; a woman who is raped by her husband lives with her rapist. Our penal laws, handed down from the British, have by and large remained untouched even after 73 years of independence. But English laws have been amended and marital rape was criminalised way back in 1991. No Indian government has, however, so far shown an active interest in remedying this problem.
Value Addition: Important cases and Committee reports
- The government defended exception to marital rape in Independent Thought v. Union of India (2017) saying it against the institution of marriage.
- However, rejecting this claim, the Supreme Court observed, “Marriage is not institutional but personal – nothing can destroy the ‘institution’ of marriage except a statute that makes marriage illegal and punishable.”
- In Joseph Shine v. Union of India (2018), the Supreme Court held that the offence of adultery was unconstitutional because it was founded on the principle that a woman is her husband’s property after marriage.
Way forward:
- What constitutes marital rape and marital non-rape needs to be defined precisely before a view on its criminalisation is taken.
- Defining marital rape would call for a broad based consensus of the society.
- States should intervene in the matter, since criminal law is on the concurrent list and implemented by states —and given the vast diversity in cultures across states.
- Factors like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc., should be considered carefully before taking any decision.
- The need for “moral and social awareness” to stop such an act.
- The recent privacy judgment by the Supreme Court is also set to play an important role. The right to bodily integrity is a crucial facet of Article 21.
- Timely medical care and rehabilitation, skill development and employment for facilitating economic independence of victims.
- Need for undertaking both legal and social reforms to deal with the menace of marital rape
General Studies – 2
Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Difficulty level: Moderate.
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2022 Secure timetable.
Key Demand of the question:
To write about pros and cons of judicial activism in India.
Directive word:
Substantiate – When you are asked to Substantiate, you must pass a sound judgement about the truth of the given statement in the question or the topic based on evidence. You must appraise the worth of the statement in question using suitable case studies or/ and examples.
Structure of the answer:
Introduction:
Begin by defining judicial activism in India. Cite examples of substanatiate.
Body:
First, explain the various criticism of judicial activism in India – overreach, not defined in constitution, judges acting as lawmakers etc. Cite examples to substantiate.
Next, write the role of judicial activism in India to improve the conditions of the masses in the country. Use various examples to substantive your points.
Conclusion:
Conclude by giving a balanced opinion.
Introduction
The Constitution, under various provisions, has clearly drawn the line between Legislature and the Judiciary to maintain their independence in their respective functioning. Article 121 and 211 forbid the legislature from discussing the conduct of any judge in the discharge of his duties, while Articles 122 and 212, on the other hand, prevent the courts from sitting in judgment over the internal proceedings of the legislature. In recent times, there have been criticism levelled against judicial activism, calling it adventurism and overreach.
Body
Judicial activism needed in legislative vacuum
- Upholds Constitutional morality: An important case which employed this concept in an innovative manner was the Naz Foundation Case which used the concept of constitutional morality to strike down Section 377 of the Indian Penal Code and decriminalize homosexuality.
- The Delhi High Court had said that “In our scheme of things, constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view.”
- Executive lacks Political gumption: Justice Chandrachud’s view in the Sabarimala judgement, he held that women should be allowed entry in the Sabarimala temple against popularly held religious beliefs.
- Political parties and governments did not take a stand or repeal discriminatory laws in fear of losing support base of masses.
- To protect fundamental rights: Triple Talaq in 2017 was banned as being ultra vires to fundamental rights of Muslim women. This legislation would not have been accepted if it had come from the executive or through the Parliament.
- Right to privacy also became Fundamental right under Article 21
- Most trusted institution: A People’s Survey of India report noted that Indians had 80% trust in the Supreme court. Though not an elected body, the apex court is significant to uphold rule of law.
- Eg: Whistle Blowers Act against corrupt officials and politicians was given under Article 142, until Parliament made a law on the subject.
Demerits of Judicial activism
- Unelected body: Judiciary being the unelected body, does not enjoy the “General Will” of the people. Judicial restraint is more apt for such an institution rather than dictation a legislation. Eg: Ban on liquor sale on highways led to backlash as well as spurious means to overcome the dictum
- Lack of expertise: Judiciary lacks both time and resources to enact legislation. Sometimes practical difficulties of such enactments are not known to the courts.
- Eg: Ban on BS-IV vehicles from April 2020 which had to be extended many times.
- Against Constitution’s Mandate: Judicial Review is a basic structure of the Constitution; however enacting legislation is not. Courts can look into the validity of the law, but not necessarily make a law.
- Unaccountable: Politicians remain “accountable” to the people in at least some sense, because they depend upon them in order to continue in office after five years.
- Judges who are insulated from any external control are accountable only to themselves
- Judicial adventurism: Subhash Kashinath Mahajan v. State of Maharashtra (2018): the court amended the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, by annulling Section 18 which said that no anticipatory bail will be granted to persons accused under the Act.
- There was widespread protest and opposition to this from all quarters. Finally, the law brought in to undo this was also upheld in the court.
Conclusion
Each organ of our democracy must function within its own sphere and must not take over what is assigned to the others. Judicial activism must also function within the limits of the judicial process because the courts are the only forum for those wronged by administrative excesses and executive arbitrariness. Hence legislation enacted by Judiciary must be in the rare cases as mentioned above
Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Difficulty level: Easy
Reference: India Polity by M. Laxmikanth
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of Mission-2022 Secure timetable.
Key Demand of the question:
To write analyze the issues with tribunals in India and suggest measures to overcome them.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by writing about Article 323(A) and Article 323(B) which set up tribunals in India.
Body:
First, explain the various objectives behind setting up of tribunals in India. Give examples.
Next, issues and limitations of parliamentary tribunals in India – Executive influence, dependent on the sponsoring ministry for finances and resources, infrastructure, and even physical space for functioning, huge pendency and backlog of cases etc
Next, explain about the features of e National Tribunals Commission (NTC) and its ability to overcome the above issues. Mention the SC guidelines in L. Chandra Kumar case.
Conclusion:
Conclude by writing a way forward.
Introduction
Tribunal means a set or a bench upon which judge or judges sit and decide controversies between the parties and exercises judicial powers as distinguished from purely administrative functions. It is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes. Part XIV-A of the Constitution which consist of two articles 323A and 323B deals with these Tribunals E.g.: National Green Tribunal, Central Administrative Tribunal etc
Body
Tribunals and judicial efficiency
- Flexibility: Rigid procedures and evidence ordeals of courts are not followed, rather it goes by the principle of natural justice.
- Less Expensive: Administrative justice ensures cheap and quick justice. Its procedures are simple and can be easily understood by a layman.
- Relief to Courts: The tribunals perform an important and specialised role in justice mechanism. They take a load off the already overburdened courts. They hear disputes related to the environment, armed forces, tax and administrative issues.
- Reduce pendency: To overcome the situation that arose due to the pendency of cases in various Courts, domestic tribunals and other Tribunals have been established under different Statutes, hereinafter referred to as the Tribunals.
- Adequate Justice: In the fast-changing world of today, administrative tribunals are the most appropriated means of administrative action, and also the most effective means of giving fair justice to the individuals.
- Lawyers, who are more concerned about aspects of law, find it difficult to adequately assess the needs of the modern welfare society
- Efficiency: The Tribunals were set up to reduce the workload of courts, to expedite decisions and to provide a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal.
Critical examination of the performance of tribunals in India:
- The manner of appointment of its members, performance appraisal, career path for tribunal members, remuneration, terms of service, are all outside the oversight of the judiciary. This is the foremost problem with tribunalisation.
- In India, executive interference in the functioning of tribunals is often seen in matters of appointment and removal of tribunal members, as well as in provision of finances, infrastructure, personnel and other resources required for day-to-day functioning of the tribunals.
- Administrative tribunals, with their separate laws and procedures often made by themselves, puts a serious limitation upon the principles of Rule of Law.
- Most of the tribunals do not enjoy the same amount of independence of the Executive as do the Courts and the judges.
- Recently, the Chief Justice of India NV Ramana-led bench of the Supreme Court pulled up the central government for the rising number of vacancies in various law tribunals across the country. The bench asked the centre to “clear its stand” on the urgent need to fill these vacancies.
- The civil and criminal courts have a uniform pattern of administering justice. A uniform code of procedure in administrative adjudication is not there.
- Administrative tribunals are manned by administrators and technical heads who may not have the background of law or training of judicial work. At times they adopt summary procedures to deal with cases coming before them
- In Chandra Kumar case, SC held that the appeals to such tribunals lies before the court and hence defeats the whole purpose of reducing burden of the superior courts.
- Since the tribunals are mainly chaired by the retired judges who are appointed by the government, so the present judges in courts may favour government in certain matter to gain political patronage in appointment to such tribunals after retirement.
- Lack of adequate infrastructure to work smoothly and perform the functions originally envisioned for them. There is a lack of understanding of the staffing requirements in tribunals.
National tribunal commission – a way forward ?
- The idea of an NTC was first mooted by the Supreme Court in L. Chandra Kumar v. Union of India (1997).
- NTC is envisaged to be an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
- NTC will support uniform administration across all tribunals. It could set performance standards for the efficiency of tribunals and their own administrative processes.
- Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.
- The NTC could pave the way for the separation of the administrative and judicial functions carried out by various tribunals.
- A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country.
- NTC could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members.
- An NTC will effectively be able to bring in uniformity in the appointment system meanwhile ensuring that it is independent and transparent.
Conclusion
The tribunalisation of justice was introduced to speed up the adjudication process, and they have been productive in their goal. The tribunals have carved out a distinct position in the Indian landscape by adjudicating several interesting issues. The independence of these tribunals was described as a fundamental feature of the Indian Constitution in the case of Rojer Mathew’s decision. This fundamental feature must be encapsulated and maintained in reality through the creation of the NTC, which will be solely responsible for choosing, monitoring, and removing appointees to make sure that the tribunals are occupied with men of honesty and great behaviour.
Value addition:
Tribunals and their mandate
- The original Constitution did not contain provisions with respect to tribunals.
- The 42nd Amendment Act of 1976 added a new Part XIV- A to the Constitution.
- This part is entitled as ‘Tribunals’ and consists of only two Articles–Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters.
- Article 323 A empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations and other public authorities.
- Under Article 323 B, the Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters:
- Taxation
- Foreign exchange, import and export
- Industrial and labour
- Land reforms
- Ceiling on urban property
- Elections to Parliament and state legislatures
Topic: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.
Difficulty level: Moderate
Reference: Indian Express
Why the question:
It’s not surprising that with several other issues facing India, the Russian military build-up near Ukraine — one of its largest recent mobilisations — is not getting much attention. But it should. What happens in Europe will not stay in Europe. In 2014, the Russian annexation of Crimea created problems for India.
Key Demand of the question:
To write about the potential impact of crisis in Ukraine, in complicating India’s objectives vis-à-vis Russia, China, the US, Europe, and even Ukraine.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, trace how the developments post cold war ear leading to present day crisis. Give special emphasis on 2014 annexation of Crimea.
Next, write about the potential impact of this crisis on India and its relationship with major stakeholders – U.S and Russia major and also with China, EU and Ukraine.
Nest, suggest steps India should take in this regard.
Conclusion:
Conclude by stressing on striking a balance in relations with major power while maintaining its multilateral alignment.
Introduction
An imbroglio has evolved around Ukraine. The US and its NATO allies find themselves in a confrontational mode with Russia over Ukraine. The principal contention surrounds Russian refusal to acquiesce to any possibility of NATO drawing Ukraine within its orb. Moreover, Ukraine borders Russia and it is considered by Russia to be within its sphere of diplomatic influence.
Body
Background of Ukraine issue
- Tensions between Ukraine and Russia, both former Soviet states, escalated in late 2013 over a landmark political and trade deal with the European Union.After the pro-Russian then-President, Viktor Yanukovych, suspended the talks, weeks of protests in Kiev erupted into violence.
- Then, in March 2014, Russia annexed Crimea,an autonomous peninsula in southern Ukraine with strong Russian loyalties, on the pretext that it was defending its interests and those of Russian-speaking citizens.
- Shortly afterwards, pro-Russian separatists in Ukraine’s Donetsk and Luhansk regions declared their independence from Kiev, prompting months of heavy fighting. Despite Kiev and Moscow signing a peace deal in Minsk in 2015,brokered by France and Germany, there have been repeated ceasefire violations.
- India along with 57 other countries had abstained in the United Nations General Assembly Resolution 68/262 in response to the Russian annexation of Crimea on “Territorial integrity of Ukraine” which was adopted on 27 March 2014 with the support of 100 countries.
Impact of Ukraine issue on India
- India has economic and defence trade ties with Ukraine, as well as 7,500-odd citizens residing there. There are precedent and principle-related concerns, though many in Delhi argue that power often trumps those.
- In 2014, the Russian annexation of Crimea created problems for India.
- If Moscow again takes military action against Ukraine, it will significantly complicate India’s objectives vis-à-vis Russia, China, the US, Europe, and even Ukraine.
- It would hinder Delhi’s interest in preventing a further deepening of Russia’s ties with China.
- Beyond the strategic challenge that a close Sino-Russian partnership poses for India, a Moscow that is more beholden to Beijing would be particularly problematic at this moment when India is dependent on Russian military supplies and Sino-Indian border tensions could flare up again.
- Russian military action against Ukraine would also impede Delhi’s suggested approach for stalling Sino-Russian ties or fuelling friction between them — that the West, particularly the US, stabilise relations with Russia.
- Russian military action against Ukraine would complicate India’s efforts to maintain a delicate balance between its partnerships with the US, Europe, and Russia. Delhi could try its posture, post the Russian annexation of Crimea, of neither openly criticising nor endorsing Russian actions.
- A worsening Russia-Ukraine conflict would also bring India-US and India-Europe contradictions on Russia to the fore. The western response will involve even more sanctions that will further hinder India’s ability to do business with Russia and diversify Russia-India ties.
- A Russia-Ukraine crisis could also create headwinds for India’s move to deepen security and economic ties with European partners. A crisis nearer home could reduce the latter’s increased attention to Asia, especially India.
Way forward
- Both Russia and the US are highly valued partners of India.
- It would not be judicious to take sides under the current circumstances.
- India should continue to adopt a balanced, neutral approach as it has done so far.
- India needs to be mindful of the fact that it cannot support the coercive, military occupation of a country’s territory by another.
- India should encourage both Russia and the US to try to reach a compromise with a mutually acceptable agreement in the forthcoming meeting in Geneva.
- A conflict between Russia and Ukraine, with the latter supported by the US and Europe, would be in no one’s interest.
- The message should also be clear that another action like the 2014 annexation of Crimea will not be tolerated and would immediately trigger an appropriate response from Ukraine’s allies.
General Studies – 3
Topic: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.;
Difficulty level: Moderate
Reference: The Hindu
Why the question:
With the Union Budget 10 days away, many economic observers are now focused on what support the Centre can offer the economy, which is still struggling to recover from the pandemic.
Key Demand of the question:
To write about the differences between demand pull and cost push inflation and the factors causing inflation in India off late.
Structure of the answer:
Introduction:
Begin by defining inflation.
Body:
First, in detail bring the comparison between demand pull and cost push inflation. Nature, factors causing it, effects etc.
Next, write about the reasons for increasing trends of inflation in India off late and its impact.
Next, suggest steps to overcome the same.
Conclusion:
Conclude by writing a way forward.
Introduction
Inflation refers to the rise in the prices of most goods and services of daily or common use, such as food, clothing, housing, recreation, transport, consumer staples, etc. Inflation measures the average price change in a basket of commodities and services over time. The opposite and rare fall in the price index of this basket of items is called ‘deflation’. Inflation is indicative of the decrease in the purchasing power of a unit of a country’s currency. This is measured in percentage.
Body
Differences between Demand pull and cost push inflation
- Demand-pull inflation occurs when there is an increase in aggregate demand, categorized by the four sections of the macroeconomy: households, businesses, governments, and foreign buyers.
- Cost-push inflation means prices have been “pushed up” by increases in the costs of any of the four factors of production—labor, capital, land, or entrepreneurship—when companies are already running at full production capacity.
- The demand-pull inflation is when the aggregate demand is more than the aggregate supply in an economy, whereas cost push inflation is when the aggregate demand is same and the fall in aggregate supply due to external factors will result in increased price level.
- Demand-pull inflation arises when the aggregate demand increases at a faster rate than aggregate supply. Cost-push Inflation is a result of an increase in the price of inputs due to the shortage of cost of production, leading to decrease in the supply of outputs.
- Demand-pull inflation describes, how price inflation begins. On the other hand, cost-push inflation explains Why inflation is so difficult to stop, once started.
- The reason for demand-pull inflation is the increase in money supply, government spending and foreign exchange rates. Conversely, cost-push inflation is mainly caused by the monopolistic groups of the society.
- The policy recommendation on demand-pull inflation is associated with the monetary and fiscal measure which amounts to the high level of unemployment. Unlike, cost push inflation, where policy recommendation is related to administrative control on price rise and income policy, whose objective is to control inflation without increasing unemployment.
supply-side factors behind recent inflationary trends in India
- Supply side constraints, which are now being referred to as a major problem, simply mean that production in the economy is unable to keep pace with rising demand due to a variety of factors such as inadequate infrastructure, lack of credit, availability of labour and availability of technology.
- For example, it is common to hear from business leaders that though India is a country where labour is abundant, it is difficult to find quality people.
- Further, availability of fuel is affecting capacity creation in power generation, which will impact sectors that depend on power for production, affecting overall production in the economy.
- Factors such as these add up and do not allow the economy to produce at the desired pace. As a consequence, supply to the market place falls short of demand and results in higher inflation.
- The lockdowns disrupted supplies and that added to shortages and price rise.
- Prices of medicines and medical equipment rose dramatically.
- Prices of items of day-to-day consumption also rose.
- Fruits and vegetable prices rose since these items could not reach the urban markets.
- Industry and services estimated to contract by 9.6% and 8.8% respectively during FY21
Measures to keep the inflation under control
- Monetary policy Measures: Maintaining price stability is the foremost objective of the monetary policy committee of RBI. However, during the pandemic, growth has taken centre stage and RBI has rightly cut interest rates.
- Commodity prices: GoI needs to remove supply side bottlenecks. For example, GoI can immediately offload 10-20% of its pulses stock with NAFED in the open market.
- Fuel prices: Bringing them under GST would reduce the prices by at least 30 rupees. GST council must agree to this with haste.
- Policy measures: Navigating out of this will need a fiscal stimulus to shore up consumer spending, an investment revival to increase the productive capacity of the economy, and a careful management of inflationary expectations.
- Concomitantly, the government will also need to pursue redistribution of income to reduce the widening disparity.
- This also calls for fiscal prudence to cut wasteful spending, find new revenue through asset sales, mining and spectrum auctions, and build investor confidence.
Conclusion
With the rise in inflation amidst a second wave, the balancing acumen of the MPC will now be sorely tested. Factors like rising commodity prices, supply chain disruptions are expected to raise overall domestic inflation. Government and RBI need to chalk out a fiscal plan to ensure that the inflation doesn’t burden the common man in the country
General Studies – 4
Topic: case study.
a) Under the given conditions, what are the options available to you as a project manager?
d) What can be the consequences of overlooking the observation raised by the inspecting team?
Difficulty level: Moderate
Why the question:
The question is part of the static syllabus of General studies paper – 4 and part of ‘Case Study Fridays’ in Mission-2022 Secure.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
- In brief, outline 3-4 options available to the project manager.
- Write about various ethical dilemmas faces by the project manager in the above case and an appropriate ethical response to the above dilemmas
- Write about the various professional challenges that arise from this issues and steps to tackle the same.
- Write about the multitude of consequences of overlooking concerns.
Conclusion:
Mention the way to overcome the above concers.
Introduction
The above case study depicts how public infrastructure works are at times compromised by the main stakeholders due to a variety of reasons. The case study coincidentally reminds us of a flyover collapse in Kolkata, West Bengal during the construction leading to mortality of people.
Body
- a) options available to me as the project manager are:
- To continue with the work, as my superior, the chief engineer, has overruled the observations of the inspecting team.
- I can do further survey into the problem, and bring it into the notice of the senior political leadership or the CM himself.
- As I believe that the quality of the project is compromised and have made my reservations about the same clear to my superiors, I can request my transfer from the project, to avoid the responsibility in case of a contingency.
- b) Ethical dilemma faced by the project manager are as under:
- Professional integrity vs public safety: Going ahead with the project will give an assured promotion, however, it could possibly put the life of many citizens into severe jeopardy.
- Ends vs means: While going ahead with the project will fulfil the end of timely inauguration and my promotion, it will destroy the purity of means involved.
- Cost vs quality of service.: While demolishing the three pillars will add to cost and time over run of the project, more so, when it is deemed fit by the chief engineer, continuing on the other hand will compromise the quality-of-service delivery.
- Administrative ethics vs work efficiency: While for completing the project on time, the project manager will be lauded for his efficiency, it will compromise his administrative ethics.
- c) Professional challenges likely to be faced by the manager are as under:
- Pressure from superiors: As the Chief engineer as exhorted the project manager, to continue the work with same tempo.
- Political pressure: As the contractor is a relative of the minister, and also, the CM intends to inaugurate the project before the elections.
- Career prospects: As the career prospects of the project manager are linked to the completion of the project.
- Promotes corruption: As the material used was of poor quality, the project manager faces the challenge of tackling corruption in his department.
- Possible culpability of Project manager: In case the project fails and the bridge collapses, the project manager will be liable for a departmental/judicial enquiry.
The project manager can overcome these challenges by:
- Presenting a detailed report on his assessment, and sending a copy of the report each to, the CM, concerned minister, chief engineer, chief secretary and the vigilance officer of the state.
- Conducting an inquiry into the quality of the materials used, and sending a show cause notice to the concerned persons in case of an anomaly.
- Involving a third party, for conducting an independent audit on the strength of the flyover.
- d) The consequences of overlooking the observations of the inspecting team could be:
- The flyover might collapse, which could cause a severe damage to the citizens’ life and property.
- The collapse will come at a bigger cost and time over run in the project, as the whole project will have to be started afresh.
- If the observations of the inspecting team are overlooked, it would lead to substandard quality of materials used in the project and an non-durable end product itself.
- It would promote nepotism and cronyism in the Government projects leading to poor quality infrastructure.
Topic: case study.
c) Examine the ethical dilemma involved in the case.
Difficulty level: Moderate
Why the question:
The question is part of the static syllabus of General studies paper – 4 and part of ‘Case Study Fridays’ in Mission-2022 Secure.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
- Outline all the action that the competent authority should take on the food company. Write rational and punitive measures.
- Write about the steps that food company can take to avert its damage to reputation and build back its credibility.
- Write about the various ethical dilemmas in this case.
Conclusion:
Mention way to overcome the dilemmas.
Introduction
The above case study presents a situation where the private companies are driven by profitability as against the public interest in corporate governance realm. The case also highlights the issue of lack of ethics in private institutions seen in today’s corporate world.
Body
- a) The actions that can be takenagainst the company by competent authorities are as follows
- Advertisement and Awareness to public, so that the products which are already in the retail stores are not consumed by the public.
- As the products under question are eatable, they pose danger to public health. Company should be instructed to recall products from the market and destroy them under supervision of authorities.
- Immediate suspension of license to produce or sell domestically as well as for exports until review and reapproval. This will help protect against loss of reputation for the country as a source, and promote respect for prescribed regulations.
- A substantial monetary fine should be imposed to emphasize cost of ignoring public interest in pursuit of short-term business profitability.
- Criminal proceedings against top officials should be based on graded response as per consequential impact on public health, such as carcinogenic or genetic impact, effect on children etc.
- b) The company can take following course of action to resolve the crisis and regain its reputation:
- Public apology should express genuine regret for wrong conduct.
- Internal audit and enquiry should be pursued to fix responsibility for the decisions that led to the crisis.
- Review company’s values and process of value inculcation among employees, middle-management and top-leadership. Changes in leadership may be needed.
- Changes in quality control governance with direct line of communication between top-leadership and factory floor can put quality norms on a pedestal.
- Communication of the internal emphasis on quality and health over short-term profits should reflect in benchmarking as per national and international best practices like 6-sigma.
- c) The ethical dilemmas in the case are as follows:
- Profitability v/s public health Corporates run their business on profit motives however, equally they are responsible towards society.
- Common Good versus Business Interest Narrow focus on business interest has threatened common good from public health and exports.
- National interest at stake Taking strict action if found rightful such as criminal proceedings can affect investments, create sensationalism and undermine reputation of India as source of food products-based exports.
- Professional integrity of the corporate entity at stake.
- Poor Corporate Governance of the company.
Conclusion
As Gandhiji had told, Commerce without morality is a sin. The pursuit of value and not profits must guide the conduct of corporates. Trusteeship and customer loyalty are imperative values on which a company can base its foundation of ethical corporate governance.
