Professional Documents
Culture Documents
Test – 3
General Studies – 2
SYNOPSIS
Answer ALL the questions in about 250 words Each. (12.5 x 12 = 150)
http://www.fljs.org/files/publications/Kaltwasser.pdf
https://comparativejurist.org/2017/11/22/populism-and-constitutionalism-in-east-central-
europe/
Populism is a belief in the power of regular people and in their right to have control over their
government rather than a small group of political insiders or a wealthy elite. populism is the
idea that society is separated into two groups at odds with one another - "the pure people" and
"the corrupt elite".
Ex: of populism manifests itself mainly in radical Right parties with an anti-immigration
agenda and America first ideology in USA
Ex: the success of the Swiss People’s Party in amending the Constitution to ban the construction
of minarets in the country
3) Populist constitutionalism : Populist tend to interpret the constitution their own way by
destroying the true essence of democracy to make their image of people and their policies as
morally right policy.
Ex: the concept of secularism is based on their political ideology and social view in India today..
4) Weak rule of law: populist forces represent a democratic threat because they defend
majority rule at any cost and thus favour the construction of a political regime in which
minorities are not respected, horizontal accountability is seriously limited, and the rule of law is
at risk.they tend to foster the construction of a political regime with weak rule of law and where
political power relies on a strong leader, who governs almost without institutional constraints.
Ex: growth of strong populist leader undermining the rule of law in Rodrigo Duterte of
Phillipphines.
Populism does play a role upholding some aspects of constitution with respect to the political
and social conditions of respective countries
1) language of constitutionalism:Populist parties are not necessarily against the
constitution of their own countries. Despite their radical condemnation of the establishment,
populist Right parties in Western Europe are not necessarily at odds with the constitution of
their own countries
Ex: the principle of ‘no liberty for the enemies of liberty’, these parties argue that
mass immigration erodes the moral principles of European societies
There are important differences between contemporary populist forces. Not all of them affect
the democratic regime. the way ahead does not consist in simply attacking populist forces, but
rather in understanding the way in which they are able to give voice to groups that do not feel
represented by the establishment. This anti-liberalism certainly should be criticized and
condemned, but without elaborating a discourse that distrusts the moral and intellectual
competence of ordinary citizens.
Cooperative federalism is a concept of federalism in which national, state and local governments
interact cooperatively and collectively to solve common problems rather than making policies
separately but more or less equally.
On the other hand competitive federalism is a concept where centre competes with states and
vice-versa, and states compete with each other in their joint efforts to develop India. In
competitive federalism, states would compete with each other over a broad range issues to
provide citizens various services in a hassle-free manner.
Recently there have been various measures like increased fiscal share of states from 32% to 42%,
ranking states in terms of ease of doing business, health etc to promote the competitive
federalism among states. While this has generated a lot of enthusiasm there are other factors to
consider
1) There are varied economic patterns in different states. There are deficit states or the backward
regions or the states under debt. Those states should not be treated on par with the well-off
states like like Maharashtra, Gujarat, and Tamil Nadu which are in better position to compete.
This has made states like West Bengal, Bihar, Orissa, and Assam to protest against the uniform
approach in funding because of their special situations in which the central government has to
provide special funds to these states. Without special funding these states cannot imagine their
participation in competitive federalism.
2) Some States may have specialised factor conditions such as skilled labour, capital and
infrastructure, others may not. These disparities are to be addressed before they can aim to
climb up to the next level. Therefore, to expect all States to catch up uniformly in the process of
growth and development would be a fallacy. Many States still need the help of the Centre and it
is not clear how much extra funding they may need before they can imagine competing.
3) Adding to these there are special needs of states that has to be considered. For example the
north eastern states which are troubled by the secessionist movements.
These vast disparities and diversities among states calls for the cooperative federalism that gives
national and state governments independent authority in their areas of responsibility and act as
equal partners seems to be more advantageous. Even our constitution provides for the
cooperative federalism via provisions like 7th schedule, finance commission etc
Thus it can be said that cooperative and competitive federalism are two sides of the same coin.
The competition alone cannot give the best results, it is competition with cooperation that will
drive the real change . To bring competition, the centre should cooperate with the states by
providing necessary autonomy in their policy making and allocating them the required funds to
spend based on their own priorities. The cooperation forms the ground base on which
competition can begin. There has to be a balance between cooperative and competitive
federalism which is the onerous of NITI Aayog. Some steps can be
https://www.epw.in/journal/2018/25/law-and-society/reforming-office-governor.html
https://www.thehindu.com/opinion/lead/do-we-need-the-office-of-the-
governor/article23971800.ece
https://www.thehindubusinessline.com/opinion/A-much-abused-office/article20803112.ece
https://indianexpress.com/article/opinion/columns/on-governors-go-by-reason-not-whim/
https://www.thestatesman.com/opinion/does-india-really-need-governors-1499979331.html
https://www.thehindu.com/opinion/lead/Governing-the-Governor/article14499384.ece
Governor has dual role of being the head of the state and also representative of centre in the
state. As constitutional head of the state governor is vested with large amount of powers
(legislative, executive, financial and judiciary) under constitutional scheme of India. He/she has
special responsibility with respect to scheduled areas and schedule tribes (5th and 6th schedule)
and the states having special provisions under article 371. (Ex: Maharashtra, Sikkim etc).
Never before has the constitutional head of a state been exposed to public discourse, debate and
legal scrutiny as in the recent past. Be it in the formation of government after an election or
calling for a report from the political executive on the state’s affairs, falling short of the
expectation of neutrality of the solemn office he holds.
1) Political appointments : It was thought that the post of Governor would grant an
opportunity to eminent academics, artisans and distinguished citizens to get connected to the
roots of the country via Political system but this view has gone largely out of window.It has been
a common trend that if the Government at Centre changes, the Governor of states are either
forced to vacate their posts or transferred to some other states thus undermining the true spirit
of federalism.
2) Political favouritism : Each of the Governor’s actions was taken in that uncertain grey
area of “discretion” which is partisan enough to skew the process in favour of someone, but not
illegal enough to warrant judicial intervention. Partisan actions of Karnataka Governor in the
aftermath of the Karnataka Assembly elections in 2018 where in the Supreme Court stepped in
and shortened that time period to a little less than two days by directing that a “floor test”.
3) Misuse of legislative powers : He stands as the part of the state legislative and has the
power to summon, adjourn or prorogue the State legislative assemblies but such powers are
being misused. Ex: Arunachal Pradesh Governor ordered to advance the Assembly which
resulted in President's rule in Arunachal Pradesh. the Governor's decision to override the
authority of Assembly Speaker and advance the Assembly session. Supreme Court implicitly
relied on it and struck down the unilateral actions of the Governor of Arunachal Pradesh in
summoning an Assembly session
4) Emergency provision : Discretionary powers enjoyed by governor gave him ample power
to act independently of elected state government. Many times these powers are misused like
imposition of emergency under Art. 356. Recently in the State of Uttarakhand the President of
India under Article 356 of the Constitution of India proclaimed state emergency. The matter was
brought before the Supreme Court The apex court upheld the decision of the High court of
Uttarakhand, while laying down the official result of the floor test and was incidentally forced to
2) The difference of opinion between L-G and the Council of Ministers has caused the log jam in
the national capital. Supreme Court upheld the elected government of Delhi and said the real
power must be vested with it and not with the Lieutenant Governor. 'Aid and advise' employed
in Article 239AA(4) means the Lieutenant Governor of NCT is bound by the aid and advice of
the Council of Ministers.
Given the long and sordid history of meddlesome governors, is abolition of the post the only way
forward? Or, is there a way to reform it to make it a meaningful exercise in constitutional
reform?
2) Institutionalisation of appointment :
There needs to be a selection committee comprising the Prime Minister, the Home Minister, the
leader of the Opposition, the Chief Justice of India and the Chief Minister of the state concerned.
This committee must also be legally mandated to consult eminent jurists and public
intellectuals,persons who will take ethical decisions irrespective of the pressures they may be
subject to. Only this will ensure that Centre-State relations are free of acrimony and mistrust
3) Judicial intervention : the Court should concern itself with the sanctity of the process.
Should the governor always go with the first claimant (single party or alliance)? If so, how much
time should such claimant be given to prove their majority on the floor of the house? The idea
should be to minimise the discretion of the governor as far as possible and to reduce the chances
of horse-trading.
4) Constitutional amendment : The flaw lies not with the identity of the individual who
occupies the post, but in the design of the Constitution itself.Would it not be better, for example,
to clearly specify the rules governing government-formation in the Constitution itself, and
reduce swearing-in to a purely ceremonial action, to be performed by the Chief Justice of the
relevant High Court.
Many commissions including Sarkaria commission and Punchii commission have suggested
The Governor plays an important role in the governance of a Democratic country. India has a
biggest example of working democracy in the world and Governor plays a very important role in
the process of whole working of a democratic government. The post of Governor is disputed and
is been questioned by many experts, but by the findings of this project, it is very clear that
Governor has various duties towards success of federalism and democracy.
http://www.egyankosh.ac.in/bitstream/123456789/25659/1/Unit-9.pdf
http://www.egyankosh.ac.in/bitstream/123456789/19136/1/Unit-24.pdf
Judiciary is one of the three basic institutions of the state for the proper governance of the
country( others are executive and legislature).It is assigned with the duty of safeguarding the
indian constitution in spirit and letter along-with accommodating dynamic socio-economic
changes in the constitution.It acts as the protector and guarantor of fundamental rights of the
citizens and ensure its enforcement with writ jurisdiction.
2) Democratic form of Government of the kind adopted by India depends in its success of a
system of free and fair elections regulated, monitored and controlled by an independent agency.
Judiciary has made significant contributions through various pronouncement to plug loopholes
and preclude the possibility of abuse by the candidates.
Ex: In case of Association for Democratic Reforms judiciary stipulated proper disclosure
of the antecedents by candidates in election.
3) Role in Law-making:
● By interpretation: The decisions given by the courts really determine the meaning,
nature and scope of the laws passed by the legislature. The interpretation of laws by the
judiciary amounts to law-making as it is these interpretations which really define the
laws.
● As court of record : Moreover, ‘the judgements delivered by the higher courts, which
are the Courts of Records, are binding upon lower courts. The latter can decide the cases
before them on the basis of the decisions made by the higher courts. Judicial decisions
constitute a source of law.
● Equity Legislation: Where a law is silent or ambiguous, or appears to be inconsistent
with some other law of the land, the judges depend upon their sense of justice, fairness,
impartiality, honesty and wisdom for deciding the cases. Such decisions always involve
law-making. It is usually termed as equity legislation.
4) Advisory Functions:
Very often the courts are given the responsibility to give advisory opinions to the rulers on any
legal matter. Ex: President of India under can to refer to the Supreme Court any question of law
or fact which is of public importance.
5) The judiciary adjudicates the disputes between various tiers of government (ex: between
centre and state or between states) and thereby ensures cooperation between these units.
Judiciary has, thus, played a crucial role in development and evolution of society in general and
in ensuring good governance by those holding reigns of power in particular.
Likewise judiciary has responded to the emergence of the contemporary administrative state by
making itself a "partner" in administration by
1) Greater constitutional protections for individuals as they come into contact with public
administration.
2)The public law litigation suit, which is a vehicle for judicial involvement in the reform of
public institutions. Ex: The constitution of SIT to look into the affairs of BCCI
4) Judicial Inquiries:Judges are very often called upon to head Enquiry Commissions
constituted to enquire into some serious incidents resulting from the alleged errors or omissions
on the part of government or some public servants. Commissions of enquiry headed by a single
judge are also sometimes constituted for investigating important and complicated issues and
problems.
But today this vital organ has been plagued with issues like pendency of cases, lack of
transparency in higher judicial appointments etc. These are to be plugged at the earliest to
ensure the healthy functioning of judiciary.
https://indianexpress.com/article/opinion/columns/supreme-court-judiciary-chief-justice-
jasti-chelameswar-master-and-the-roster-5024588/
https://www.thehindu.com/opinion/op-ed/a-roster-of-questions/article22671006.ece
https://www.thehindu.com/todays-paper/tp-opinion/master-of-the-next-
steps/article23664019.ece
‘Master of the Roster’ refers to the privilege of the Chief Justice to constitute Benches to hear
cases.
Recent controversy on Master of roster
The privilege was emphasised when a Constitution Bench, led by the Chief Justice of India
Dipak Misra, declared that the Chief Justice is the master of the roster and he alone has the
prerogative to constitute the Benches of the Court and allocate cases to the Benches so
constituted and no Judge can take up the matter on this own, unless allocated by the Chief
Justice of India, as he is the master of the roster.
1) Preferential assignment of cases : The chief justice decides when a case may be listed for
hearing, and she also decides which judges will hear it. This model is unacceptable as there have
been instances where cases having far-reaching consequences for the nation and the institution
had been assigned by the Chief Justice of this Court selectively to the Benches “of their
preferences” without any rational basis for such assignment.”
Ex : Justice Chelameswar's Bench, which heard Ms. Jaiswal's for which Chief Justice Misra
constituted this five-judge Bench
2) Conflict of interest : The Chief Justice kept a disproportionate number of important cases
for himself, including all PIL and all social justice cases, which can include many landmark
cases.
Ex: In the Prasad Educational Trust case, although allegations of bribes paid to fix the outcomes
of Supreme Court cases implicated Chief Justice Misra, he nonetheless listed the case in front of
himself and several relatively junior Justices.
3) The roster aggregates all important cases to the Chief Justice of India — politically
sensitive cases, all fresh public interest litigations, social justice matters, contempt of court
matters, matters dealing with appointment of constitutional functionaries, among others
4) Clarity and transparency : It is unclear how the roster was prepared, which dramatically
reduces the clarity and transparency provided.
5) Judicial corruption : It not only cuts against the rule of law and fundamental fairness, but
also implicates broader concerns of judicial corruption.
6) The Chief Justice of India is only one among equals, with the power to judiciously exercise an
important role of constituting benches. This authority cannot be used in an autocratic manner
defying all norms of equity and justice and in disregard for principles of neutrality, impartiality
and transparency.
7) Personal interpretation : the Court’s habit of sitting in multiple small benches has
undermined the gravitational pull of precedents This means that when a judge surveys the legal
landscape before her, she finds that it gives her greater room to effectuate a personal
interpretive philosophy than she might otherwise have.
Ex :Two Supreme Court benches were hearing cases involving the death penalty. One of these
benches confirmed virtually every death sentence, while the other commuted most of the cases
before it. The question of whether a person lived or died, then, depended upon the lottery of
which bench his case came before or — in the Indian legal system — which bench the chief
justice assigned it to.
8) Judicial evasion: This means that “in the normal course of things”, a petition will take
many years to be heard and decided. The chief justice, however, has the power to “list” cases for
hearing. Given the huge backlog, this simple administrative function becomes a source of
significant power
Ex: the government’s demonetisation policy was challenged in the Supreme Court on multiple
grounds The Supreme Court is yet to hear this case. In the meantime, the policy has been
implemented in its entirety, and any judgment the Court would now render would be purely
academic thus effectively deciding a time-sensitive case in favour of one party by simply not
hearing it.
Unfortunately, this progressive centralisation of power within the office of the chief justice has
not been accompanied by a parallel strengthening of the accountability of this office which are
need to be bought in with following Reforms:
1) Global best practices : The Indian Supreme Court could follow the model of the highest
courts of peer nations, which allocate cases in a variety of different ways.
For example, in the United States, although the Supreme Court only hears cases before all nine
justices, lower Courts of Appeal hear cases in randomly drawn panels In the High Court of
Australia, the Chief Justice proposes a roster of no less than two justices, but this power of
assignment is recommendatory and not determinative
2) Subject-wise division : A just and fair roster must be one that is divided subject-wise
among judges according to their experience and expertise in those subjects.
3) Collective decision-making : Politically sensitive matters should be before the five senior
judges of the Supreme Court
4) Use of technology : Among them, the allocation of individual cases must be by random
computer allocation not by the individual decision of any human
History tells us that institutions that become over-reliant upon single individuals inevitably
decay. The structural problems pointed out above remind us that if we are to prevent that decay
in one of the most vital institutions of our democracy, the only way out is meaningful reform
that brings accountability and transparency to the office of the chief justice, without
compromising on judicial independence.
https://thewire.in/government/parliamentary-standing-committees
https://www.thehindubusinessline.com/opinion/columns/strengthening-indias-
miniparliaments/article9898334.ece
https://indianexpress.com/article/opinion/columns/way-of-the-committee/
To address various challenges (ex: paucity of time, lack of expertise etc)faced by the parliament,
departmentally related parliamentary standing committees were set up in 1993 in India. These
committees fulfil several objectives.
1) Help Parliament manage its business better by functioning throughout the year and allowing
for detailed scrutiny of bills. Therefore they increase the efficiency and expertise of Parliament
2) they enable input from experts and those who may be directly affected by a policy or
legislation. For example, the DRSCs often invite comments from the public and call people to
testify.
3) Being outside direct public glare allows members to discuss issues and reach consensus
without worrying about constituency pressures.
4) As the anti-defection law does not apply to committees decisions are not usually made on
party lines.
5) These committees allow members to focus on some specific areas and build their expertise,
which helps them scrutinise issues more thoroughly.
Thus we can say, deliberations and scrutiny by committees ensure that Parliament is able to
fulfil some of its constitutional obligations in a politically charged environment and build
political consensus on contentious issues.
But there has been a steady decline in the effectiveness of the committees because systematic
weakness
1) MPs are unable to pay attention to the committees as their constituencies make a huge
demand on their time.
2) Committee chair’s supervisory role has not proved to be effective. All the committees are
under the overall control of presiding officers. So far no mechanism for a regular assessment of
the performance of the committee has been put in place. The need to regularly monitor the
committees cannot be overstressed.
3) The DRSC usually invites experts while scrutinising Bills. However, this is not always the
case, even for Bills with wide ramifications. For example, the DRSC that examined the Right to
Education Bill, 2008 did not invite any expert witness
4) All Bills are not referred to committees. Though rules mention that the Speaker of Lok Sabha
or Chairman of Rajya Sabha refers the Bill, this is usually done on the recommendation of the
relevant minister.
5) Advisory nature: The recommendation of committees are not binding. It is for the
Government or any other member to move the relevant amendments, which may then be voted
upon by the House.
6) Lack of standing research support: They are backed by the general support staff of Parliament
and do not have a dedicated set of researchers associated with them. A related issue is the high
churn in parliamentary membership. In each of the last three Lok Sabhas, over 50 per cent of
the members elected were first time MPs. As several of the experienced members become
ministers, only a small pool of MPs gain subject knowledge by being in a committee for long.
7) Lack of transparency in working : All committees meet behind closed doors and only the final
report is published, with summary minutes.
These committees are the parliament’s principal instrument to ensure executive accountability,
which is central in a representative democracy but suffer from above systematic weakness. This
calls for systematic overhaul of these committees. Some steps that can be taken are
1. Ensuring regular meet between chairman of house and chairman of these committees
2. Periodic experiments and reviews will bring about changes.
3. Providing for expert testimony from government and other stakeholders. Their work
could be made more effective if the committees had full-time, sector-specific research
staff.
4. Implementing recommendations of national committee on review of working of
constitution:
● Committees should be periodically reviewed. All Bills should be referred to these
committees. They can elicit public views and call specialist advisors.
● Major reports of all Committees should be discussed in Parliament especially in
cases where there is disagreement between a Committee and the government.
Strengthening the work of these committees is important and, currently, critical. Their strength
lies in the depth and rigour of their reports. If these committees work effectively, they can keep a
close watch on government functioning.
http://www.egyankosh.ac.in/bitstream/123456789/20959/1/Unit-21.pdf
https://www.epw.in/system/files/pdf/1964_16/13/pressure_groups_democracy_and_develop
ment.pdf
Pressure groups are organized associations, unions or organization of people having common
interest. Their aim is to seek better conditions for their members through organized efforts.
Pressure groups play a vital role in democratic politics in terms of representing and promoting
the aspirations of the people.
Both India and Western countries are democracies. But within western countries there are
differences between Presidential and Parliamentary forms of government. India though a
parliamentary democracy differs from such countries of the West in terms of developmental
levels. Therefore there are some differences in the role of pressure groups.
1) American pressure groups are regarded as the fourth organ of the government but the Indian
pressure groups are not yet to play such significant role in politics.
2) In India and Great Britain the cabinet and civil service are the main targets of pressure
groups for lobbying purposes rather than the parliament. However, the targets of American
pressure groups are the Congress and its committees rather than the President for lobbying
purposes.
3) Indian pressure groups based on caste, religion, region, etc. are more powerful than the
modern groups like business organizations.
4) A significant feature of' American pressure groups is that in the USA pressure groups take
interest in foreign policy issues while in India pressure groups do not seem to have interest in
foreign policy matters. Comparatively, the Indian pressure groups are concerned more with
domestic policy issues and problems, and less with foreign policy matters.
However in general, despite the differences democratic politics presupposes the crucial role of
the pressure groups for serving the interests of different sections of society.
In a democratic country like ours,pressure groups play crucial factor as far as development is
concerned.In a democracy wherein people opinion matter more than anything,pressure groups
can act as catalyst in the development,or become a hurdle in growth of the country.
Role as catalyst-
1.There are many NGOs engaged as catalyst in the development process of a country in the
field of women empowerment,gender justice,saving children.For instance,NGO founded by
noble awardee Kailash Satyarthi ,endeavour to save children from childhood labour,child
trafficking through Bacpan Bachao Andolan.
3.These NGOs,Civil societies work with government to raise awareness among public ,masses.
Role as opposition-
1.Pressure groups through propagandizing ,put pressure on government to mould police to their
advantage ,thereby delaying ,and hampering growth momentum.
2.recently,there were reports from Investigation authorities,and survey that opposition from
NGOs result into affecting GDP to some extent.
In a democratic country like ours,wherein civil rights are given utmost importance,unlike in
Authoritarian countries or communist countries,while in pursuit of development,role of pressure
group as catalyst is indispensable .
https://www.thehindu.com/opinion/op-ed/overseas-votes/article22176971.ece
https://www.gktoday.in/academy/article/various-amendments-of-representation-of-peoples-
acts/
https://www.livemint.com/Politics/hj7r5a8iVORpIfBWdJCvKM/Bill-to-extend-proxy-voting-
to-overseas-Indians-in-Lok-Sabha.html
The Representation of People (RP) Act,1951 was enacted under Article 327 of the Constitution to
lay down a set procedure for the conducting of elections in the country in addition to setting the
rules for membership, disqualifications etc. Recently, the Act has been amended three times in
2009, 2010 and 2013.
2009 amendment
● It had Inserted section 126A that prohibited the conduct of exit polls during the
elections to reduce the influence of media on voter sentiment. There were Claims of paid
news channels putting false exit poll results,thereby affecting the process of election.
Banning it was a major step in strengthening democracy.
● Other provisions included bringing in all official of the EC within the scope of corruption
for assisting any candidate to further his election prospects and, simplifying the
procedure for disqualification of person(s) indulging in corrupt practices. This was
aimed at ensuring the neutrality of the officer facilitating the level playing field for all the
contestants.
2010 amendment
It had sought to confer voting rights to NRIs. However, the act required them to be physically
present in their respective constituencies during elections. The Supreme Court had objected to
this provision based on the argument that it violated the constitutional provision of Equality
before Law (Article 14).
2013 amendment
Section 62(2) was inserted which allowed a person in detention to contest elections as he's no
longer ceased to be an elector as his name is included in the electoral roll except for conviction
in certain cases.
This amendment protects against politically motivated allegations so that person gets
disqualified.
This amendment was seen as an attempt to hinder a Supreme Court judgment which deemed a
convicted person as not eligible for voting and hence not an elector. As opposed to the other two
amendments, the 2013 bill was a regressive measure based on political considerations rather on
fair electoral principles.
These were intended to reduce the interplay of money and muscle during elections and ensure
free and fair elections where voters can exercise their informed choices.
Thus these amendments surely deepen the pillars of our democracy as well as considers the
fundamental rights of the individual with utmost importance.When the people are represented
well,the Nation will be represented well.
http://www.nja.nic.in/Concluded_Programmes/2017-18/P-
1048_PPTs/4.Tribunalisation%20of%20Justice%20In%20India.pdf
http://www.livelaw.in/indias-tryst-tribunalization-transfer-judicial-power-regulatory-bodies/
https://www.financialexpress.com/opinion/sc-troubled-by-tribunalisation/344029/
According to Supreme Court (Durga Shankar Mehta v/s Raghuraj Singh case ) tribunal includes,
within its ambit, all adjudicating bodies, provided they are constituted by the state and are
vested with judicial functions as distinguished from administrative or executive functions.
Tribunalisation of justice means over reliance on tribunals to resolve disputes that may follow
the letter but not the spirit of rendering justice to the people. Tribunalisation of justice is
intended to provide inexpensive and speedy justice to aggrieved. But it’s affecting the apex court
and Indian Judicial system in following way
1) Under the Doctrine of Separation of Powers, the Judiciary is given the role of rule
adjudication and functions independent of the executive and legislature. Since a tribunal is not a
court of law it does not form part of judiciary. It is controlled and manned partly by the
Executive. Thus it goes against the principle of separation of powers and allows the Executive to
perform limited rule adjudication functions.
2) Since the decisions of some of the tribunals, like National Green Tribunal (NGT) can be taken
on appeal only before the Supreme Court, tribunalisation of justice may adversely affect the role
of the High Courts as Courts of Appeal and deprive them of their power of judicial review. The
superiority of the Constitutional Courts (HCs) over the statutory courts (tribunal) is
compromised.
3) Due to direct appeal clause, the tribunals increase the pendency of cases before the Supreme
Court.
4) Supreme Court is losing its original character and becoming a general court of appeal by
entertaining and deciding cases appealed from tribunals which do not involve important
constitutional issues or issues of law of national importance. The adverse effect of this trend is
that matters of constitutional importance are not getting the due priority and are pending for
several years.
5) Affects impartial functioning of judiciary. Since the tribunals are mainly chaired by the retired
judges which 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.
The Constitution protects the independence of the judiciary in terms of qualifications, mode of
appointment, tenure and mode of removal, which is not available to members of tribunals. They
come under the control of the Executive. The Executive is the largest litigant in the country and
creates a conflict of interest wherever the government is a party to disputes before the tribunals.
In various cases such as RK Jain vs UOI , L Chandrakumar vs UOI SC has ordained liberation of
tribunals from executive control.
In this light Supreme Court in July 2016 referred the issue to the Law Commission of India to
examine whether tribunalisation of justice is obstructing effective working of the Apex Court.
Though the tribunals provide speedy justice and can handle technical issues like service, tax and
environmental cases better, the benefits of establishing tribunals can be extended to the nation,
if the Parliament makes use of Article 247 that provides for establishing additional courts for
better administration of justice. Further the tribunals shall deliver justice and function under
the appellate jurisdiction of the High Courts.
https://drive.google.com/file/d/1WjhDgF5GLFEilahesJyPasTuduKjo74Z/view?usp=sharing
Article 123 of the Indian Constitution grants the President of India certain Law making powers
i.e. to Promulgate Ordinances when either of the two Houses of the Parliament is not in session
which makes it impossible for a single House to pass and enact a law. Ordinance route can be
employed When legislature is not in session Or Immediate action is needed.
Deadlock in parliament has been increasing every year due to following reasons
1) Manifestation of the tit-for-tat tactics : the political class has employed over the years.
blowback from the politics of confrontation that the Bharatiya Janata Party pursued during the
years of the United Progressive Alliance rule.
3) Means to acquire power and wealth : Members seldom seem to value the immense faith
the ordinary voters have reposed in them. It is common for members to view their job as a
means to acquire power and wealth. According to a report published in Live Mint in May, 2014,
“The average wealth of MPs has grown faster over the past five years even as the economy has
slowed.
4) Criminal background : every third of the newly-elected member of Lok Sabha has a
criminal background. This is reflective of the growing indifference and contempt of successive
generations of parliamentarians for the institutions of Parliament.
There has been increasing tendency of the union government to promulgate legislation through
ordinances due to above mentioned reasons of logjam,however the idea of ordinance has to be
limited for the following reasons
2) Knee jerk response :Sometimes ordinance are seen as knee jerk response to protest and
criticism as seen in recent criminal law amendment ordinance – 2018 : death penalty for sexual
assault on minor girls below 12 as response to kathua rape incident.
lawmaking and is used on a whim by the President or the governor (acting on the advice of the
government), this has implications for the future of parliamentary democracy.
4) Stability and consistency : The overuse of ordinances goes fundamentally against two
core tenets of the rule of law, stability and consistency If the purpose of ordinances is to
genuinely make “law”— norms and procedures capable of being followed and creating rights and
duties— then such a purpose is entirely defeated if there is uncertainty about what the law is
going to be in a few months. If the ordinances recently promulgated by the union government
were done in good faith, and if the intent was genuinely to reform the laws as they stand, then
taking the ordinance route was perhaps the worst possible course of action.
5) Suspicions about the government’s motives :Taking the ordinance route may only
raise suspicions about the government’s motives and harden the opposition’s stand towards a
measure, as was seen with the proposed amendments to the land acquisition law.
It is necessary to limit the exercise of the power of ordinance through following reforms
3) The power to make an ordinance is to meet an extraordinary situation and it should not be
made to meet political ends of an individual. Though it is contrary to democratic norm for an
executive to make a law but this power is given to the President to meet emergencies so it should
be limited in some point of time as pronounced in the case of D.C. Wadhwa v. State of Bihar.
4) There is need of clarity on the nature and extent of the judicial review of the court over the
ordinances made by the President or the Governor as various judgements of honourable court
on ordinance in inconsistent
In most of the cases Power of Ordinance making is a controversial topic and a topic of
discussion. It tries to disturb the balance between the executive as well as legislative powers by
bringing into the element of arbitrariness into the Constitutional System and disturbing the rule
of law. Whenever such an ordinance making power is exercised by an Executive body it shows
disregard to the legislature. Till now only a few grounds are established to challenge the validity
of the Ordinances which directly violates a constitutional provision of separation of power by
giving president exceeding constitutional power.
http://www.insightsonindia.com/2017/11/18/3-publication-investing-health-world-banks-
highly-influential-1993-world-development-report-guided-structural-adjustment-policies-hea/
The Health services in 1990s have seen paradigm shift. One of the impetus is '1993 World
Development Report'. The World Development Report addresses the challenges to advancing
health in developing countries directly, contributes ideas and methods that are relevant to the
most pressing problems, and encompasses these in a strategic approach that is broad and clear.
The Government since then started promoting private participation to promote Health service
in India
Some prominent structural adjustment policies and health sector reforms in India
since the publication are:
1.The massive Investment by private sectors: Opening up the healthcare sector for FDI
has made the basic healthcare services to the reach of masses.
Ex : The period has seen mushrooming of private healthcare sector such as Appollo
Group,Manipal Group etc
3.Focus on Preventive Care: Nation wide vaccination programme Example programs like
Indradhanush etc with special focussing on children
4.Orphan Drugs: Public Private liaison on orphan drugs which are synthetic pharmaceutical
which remains commercially undeveloped.
5.National Health Policy 2002 and NRHM as follow up mechanism: To improve heath
service in Rural areas under Indian public health standards
6. Supportive policies for Generic Drugs : The National Pharmaceutical Pricing Authority
(NPPA), 1997 for fixes or revises the prices of decontrolled bulk drugs and formulations
periodically. . Putting a price cap on essential medical devices ,e.g. Stents
8.Revival of AYUSH-tool for effective prevention and therapy that issafe and cost effective
The steps taken have no doubt improved the heath services results of which can be
seen from
2. Improvement in IMR, MMR However,there are several loopholes even after adjustment
policies and health sector reforms.
3. The recent recommendation by NITI Aayog to extend private health service in public
hospitals in Tier 2 and Tier 3 cities are steps in right direction and measure have been tken to
implement the same.
Thus India has seen investment in health taking place with the withdrawal of the state from
healthcare, transformation of healthcare into a commodity, and promotion of the private
healthcare sector by the state. This has led to an unregulated industry that is aggressively
seeking expansion and profits from the provision of healthcare, and attracting investments by
global finance capital.
http://www.insightsonindia.com/2017/11/01/3-ready-use-therapeutic-food-rutf-discuss-
benefits-government-indias-policy-rutf/
Therapeutic foods are foods designed for specific, usually nutritional, therapeutic purposes as a
form of dietary supplement. The primary examples of therapeutic foods are used for emergency
feeding of malnourished children or to supplement the diets of persons with special nutrition
requirements, such as the elderly.
Therapeutic foods are usually made of a mixture of protein, carbohydrate, lipid and vitamins
and minerals. Therapeutic foods are usually produced by grinding all ingredients together and
mixing them. RUTFs are a “homogeneous mixture of lipid-rich and water-soluble foods.” The
most common RUTFs are made of four ingredients: sugar, dried skimmed milk, oil, and vitamin
and mineral supplement (CMV).
Benefits of RUTF :-
● Its also effective for elderly people as they become incapable to digest regular food.
India’s old age population is estimated to be 20% by 2050.
Though it have many benefits it’s not a cost effective and sustainable solution to address
nutritional imbalances as seen from experiences of Maharashtra and Rajasthan states.
Government Of India has declared it’s stand as “Enough evidence is not available for use of
RUTF vis-à-vis other interventions for the management of SAM. Concerns have also been raised
that the use of RUTF may replace nutritional best practices and family foods that children would
normally be eating, impacting negatively on continued breastfeeding in children older than six
months”
Hence other steps like policy to encourage use of local solutions to malnutrition among children
instead of promoting the use of packaged ready-to-use food in government programmes and
projects. Policies and schemes like Mother’s absolute affection (MAA) Maternity benefit act,
SABALA.
There is a need to rope in The Global Alliance for Improved Nutrition (GAIN), SUN Business
Network, which includes other players such as Pepsi, Cargill, Nutriset, Britannia, Unilever,
Edesia, General Mills, Glaxo SKB, Mars, Indofood, Nutrifood, DSM, Amul, and Valid Nutrition
under Corporate Social responsibilities norms to use their resources effectively.