# SYNOPSIS: IASbaba’s TLP 2016 [26th Sep] – UPSC Mains GS Questions [HOT]

• October 6, 2016
• 1

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1. There is a thin line between collective bargaining and mob extortion. Examine the given statement in the light of the role played by pressure groups in India.

Introduction:

In a welfare state, there is always space for negotiation for various demands which expressed by different means. Collective bargaining used more in positive sense where collectively people demand and put pressure on government to achieving the objective for a common cause. Mob exertion many arguer as extreme extension of former in terms of methodology and sometime time demands itself. Both are characters of pressure groups across globe.

Body:

Types of pressure groups:

Organized and formally recognized: they have a organizational structure and they present their interests before the government in the form on requests persuasion and public pressure .they employ non-violent means to achieve their ends. E.g., FICCI, CII etc.

Organized but not fully recognized: they have organization but are not fully recognized by the government, their mode of operation varies from propaganda, requests to outright threats. E.g., many religious groups, regional and linguistic groups, caste groups.

• Collective bargaining examples:
1. LGBT parade for the rights of LGBT community.
2. The retired defense personnel’s agitation for OROP.
3. India against Corruption movement demanding the Lokpal act.
4. Business group pressure helped to make positive sentiment for legislative reform like GST.
• Mob extortion recent examples:
1. Kaveri agitations in Karnataka and Tamilnadu.
2. Patidar and Jat reservation agitations in Gujrat and Haryana respectively.
3. Maratha agitations in Maharashtra.

Note:

(1.Discuss why mob extortion is resorted to, and why it is non-conducive for the democratic setup and national security.

1. Add examples that you can think off)

Conclusion: Write a brief conclusion.

Pressure groups enrich the political discourse of a country by pushing forward the interests of often marginalized groups through the principle of collective bargaining( strength in numbers) without directly partaking in the political process through elections. Several such groups exist in India such as FICCI, SIMA, CII, etc to name a few. However, due to countless such groups vying for the attention of a govt having limited resources, any interest that finds political representation often comes at the cost of several others.

Thus, it often happens in India that pressure groups that have existed for a long time, or have entrenched connections across political ideologies and divides, or are backed by a mass base and considerable financial resources are successful in holding the govt ransom and making it bend rules and regulations for them. These groups make large donations both legally and illegally to politicians and parties and use their supporters to galvanize support for parties, In return of this, they end up winning lucrative contracts without following due process(single bidder, lack of auction), escape penalties if convicted(defaulters galore), or seek exceptions to rules meant to apply uniformly to everyone. Often heard in the media are complaint of investors pulling out of India due to an unfavorable climate(Ease of doing business, labour legislation), complaining of consumer costs to defer implementation of standards(BS-VI to make vehicles expensive for the common man), etc. Such statements are often veiled threats meant to arm twist the govt into submission.

While PG have every right to push their interests, the Govt needs to draw a fine line between bargaining and extortion, and deal with instance of the latter strictly, Further, excess proximity between PG and the government as seen recently raises ethical questions about how fair the govt can be, and may diminish the govt’s public credibility. Such instances too should be avoided. At the end of the day, PG emerge from the electorate and are right in doing what they do, but their undue influence weakens good governance, and may even imperil the principle of equal value of each vote…

2. The provisions of the Representation of People’s Act have left the political arena open for crimininal elements. Do you agree? What suggestions do you have to improve the scenario? Discuss.

Introduction:

The main intent of Representation of People’s Act was to provide for the conduct of elections of the Houses of Parliament and to the House/s of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

However, some provisions of RPA have certainly not been as effective as hoped for isolating criminal elements from the political arena. (Provide 3-4 provisions)

• Section 8(3) of RPA exempts convicted law makers from disqualification if the sentence is less than 2 years. This acts as an enabler for criminal minded people to enter public life.
• No capping on party expenditure again lets huge money coming into the elections and this money may belong to some anti social elements too.
• The RPA law fails to offer significant powers to the Election Commission to reprimand those parties which are habitual offenders of spreading communalism or inciting hatred to win votes.
• Funding of political parties is also another contentious issue since parties are not required to track funds of less than Rs 20,000; which lets in some unaccounted money into the electoral process.
• Insertion of Section 62(2),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.

Criminalisation of politics has always been a cause of concern for India for a long time and still remains. As many as 33% of MLAs and 25% of MPs today, have criminal charges pending against them.

Suggestions:

• The RPA must be amended to give powers to Election Commission to countermand the polls in case of use of black money and money power.
• Model Code of Conduct should be given legislative backing by the RPA to ensure its strict implementation.
• In order to check the growing menace of ‘paid news’, there is need to make paid news an electoral offence under the Representation of the People Act.
• Ensuring fast track clearance of cases involving people’s representatives
• All political parties must be mandated by law to fall under the domain of the RTI so that funding becomes transparent and black money does not get into the system
• There must be a certain cap on the party expenditure too and that must be strictly monitored.

The RPA act was passed in good faith but unfortunately it has proving inadequate to check criminal and unlawful activities in the electoral process. The RPA act must be suitably amended in order to make the elections truly free and fair.

Free and fair elections is the biggest testimony of a functional democracy. The Representation of People’s Act 1950 was passed by the Parliament immediately after the Constitution came into force.

However, like all laws, this also has certain lacunae:

1) Section 8(4) of the law prevents disqualification of convicted law makers if they appeal against their conviction in 90 days. This has however now been quashed by the Supreme Court

2) Section 8(3) of the law exempts convicted law makers from disqualification if the sentence is less than 2 years. This is an enabler for criminal minded people to enter public life

3) Funding of political parties is also another contentious issue since parties are not required to track funds of less than Rs 20,000; which lets in some unaccounted money into the electoral process

4) No capping on party expenditure again lets huge money coming into the elections and this money may belong to some anti social elements too

5) The law does not offer significant powers to the Election Commission to reprimand those parties which are habitual offenders of spreading communalism or inciting hatred to win votes

Some measures are extremely important:

1) All convicted persons must be disqualified for a certain time depending on the quantum of sentence and the crime

2) All political parties must be mandated by law to fall under the domain of the RTI so that funding becomes transparent and black money does not get into the system

3) There must be a certain cap on the party expenditure too and that must be strictly monitored

4) Election Commission should be provided with more teeth to penalize errant political parties and candidates

5) Press Trust of India must make strict guidelines to check paid news

The RPA act was passed in good faith but unfortunately it has proving inadequate to check criminal and unlawful activities in the electoral process. The RPA act must be suitably amended in order to make the elections truly free and fair.

Criminalisation of politics have been a cause of concern for India for a long time and the RPA has certainly not been as effective as hoped for by a country found on the ideals of leaders and politicians of the stature of Gandhi,Nehru,Patel and many more

The reasons for this increase in criminalisation

–Resource mobilisation by people belonging to such background has been easy as they command huge money and power in the society

–Elections demand huge funding and the caps on election spending by the Election Commission is insufficient,thus it leads to the involvement of funding from illegitimate resources

–The RPA initially allowed the convicted politicians by the lower courts to appeal before higher courts within 90 days and retain their seats in legislature but it has certainly been corrected by the SC judgement in Lily Thomas vs UoI case.

Steps for improving the scenario

–Public funding for elections can ensure curbing the menace of money from illegitimate source thus reducing criminalisation

–The period disallowing contesting of election in case of conviction must be increased

–The RPA must be amended to give powers to Election Commission to countermand the poles in case of use of black money and money power

–Model Code of Conduct can be give legislative backing by the RPA to ensure its strict implementation

Free and fair elections are essential for the survival of democracy and criminilisation of politics is biggest hurdle in ensuring this,thus it is important to take urgent steps for decriminalising politics as soon as possible.

3. By taking suitable examples, discuss the role of business groupings like FICCI and CII in policy formulation.

Introduction:

Your introduction should mention that groups like FICCI, CII etc. consists of major industrial sector of the country. They work as a pressure group to influence the policy making process of the government.

Body:

Mention how these groups can play the role in policy making:

• pressure on government
• scathing criticisms
• Data and research
• Funding
• Support mobilization
• Economic model
• Negotiations

Conclusion:

You should conclude it by saying that even though such institutions have gained wider prominence & their role making has improved, precautions should be taken by Government to have national interest at its helm & center of policy making.

FICCI, CII are associational business groups comprising of eminent personalities from industrial & business sector of India. They are a civil society arrangement to express their views on what is best for growth of business environment in India. Their role has been crucial in policy formulation as:

1) Accumulate pressure on Govt: with their demands & express their concerns on lack of business opportunities in India. Ex: before Budget ’16-’17, they started to write articles about rationalizing inverted duty, removing tax on ESOP, which was eventually followed in Budget.

2) Give scathing criticisms: against Govt & opposition for lacunae in promoting business environment. Ex: FICCI, CII came in open support of GST, and criticized opposition for their adversarial politics.

3) Present data & research work: which enhances their legitimacy, ex: NASSCOM has been in active support for growth of StartUps in India which later led to launching of “StartUp India”

4) Running engine of economies: & their concerns are bound to be taken seriously for continuous growth of nation. Ex: ATUFS launched recently is another example of ongoing pressure from such groups.

5) Fund political parties during elections: which makes them integral part of Government policy making.

Since globalization, such institutions have gained wider prominence & their role making has improved. However, precautions should be taken by Government to have national interest at its helm & center of policy making.

India has long history of business grouping in India FICCI, stabilized in 1927 for protecting business rights under British Raj. Over a period of time many business groups emerged like CII, ASSOCHAM, AIMO and so on. They help in policy formulation by following ways-

1- Developing economic model– before independence, business groups presented Bombay plan as model of development for free India. Now also they help for design models like renewable energy policy in recent time.

2- Mobilize support– indirectly they help to mobilize support for policy reforms across the political ideology like for telecom sector or GST reform, it organized many events to influence the different political parties at center and state level.

3- International negotiation– in bilateral relations between nations like India- USA or in international events like in Davos, these groups work with government to attract more business and investment for India.

4- Develop best practices– such forums are actively evolve in policy making body like Niti ayog and provide insight for implementation better policies learn from industry experience and global experience.

5- Negotiation– with government for welfare and safe guard for industry welfare as in recent time after NGT ban automobile business group demand government for necessary intervention.

6- Educating people– as in case of net neutrality by organizing debates and discussions they helped government to educate people on respected government policy; also government get people perspective by this exercise.

Business groups across groups are closely working with government on policy design; however, they need to broaden the vision for inclusiveness and equality as it seen as major critics against them.

4. The decision to ratify the Paris Deal will have several socio-economic implications which require advanced planning and policy formulation. Elucidate.

Introduction:

Body:

You should mention about the socio-economic implications

• reverse the adverse health conditions
• suppress extreme climatic events
• protect biodiversity
• costly renewable energy
• improve income of farmers.
Renewable energy – potential employment generation sector.

• Collaboration with developed countries for technology transfer.
• Effective usage of global platforms like ISA.
• Comprehensive planning of mitigation and adaptation.
• Encouraging R&D in the field of renewable energy.
• Lobbying for fund transfer.
• Effective domestic policy implementation like CAMPA.

Conclusion:

You should mention that implementation of Paris deal will have several socio-economic implications. We should act in suitable manner to strike balance between developmental aspirations and environmental concerns.

Paris Deal 2015 is considered to be one of the most historical and progressive agreement by the global world towards sustainable development. However, the ratification of the deal in terms of increasing the renewable energy component and peaking of GHG emissions in the near future would have some socio economic implications like: –

Social implications: –
1) Stop and even reverse the adverse health conditions with rising pollution level.
2) It will suppress extreme climatic events like droughts and floods thus improve the living conditions of people.
3) It will protect biodiversity on which the world depends for sustenance.

Economic implications: –
1) Renewable energy is costly and will strain the resources of the government.
2) agricultural conditions will improve pushing the income of farmers.
3) Renewable energy is a potential employment generation sector.

However, to achieve the positives and tackle the challenges we need advanced planning and policy formulation: –
1) Collaboration with developed countries for technology transfer.
2) Effective usage of global platforms like ISA.
3) Comprehensive planning of mitigation and adaptation.
4) Encouraging R&D in the field of renewable energy to avoid over dependence on others.
5) Lobbying for fund transfer by the like-minded nations.
6) Effective domestic policy implementation like CAMPA.

Despite taking these measures there’s need for creating massive awareness among the public to contribute towards sustainable development even at the individual level. Its high time the world realizes the ramifications of irreversible climate change and works together for saving the mother planet.

Paris Deal 2015 came as a watershed moment to preserve Earth where nations came together under bottom-up approach and submitted their INDCs. Overall it was decided to keep the range of rise of earth’s temperature within range of 2C & preferably 1.5C by pre-industrial era.
India on its part came forward with an ambitious INDC and has now decided to ratify it. This decision can have multiple implications as-

>ECONOMIC ANGLE-India has opted to reduce its emission intensity by 33-35% by 2030 as compared to 2005.It means more reliance will be on non-conventional sources like sun, wind, bio, nuclear energy. We being a developing nation had “coal” as primary fuel to exploit on (power plants). But now this won’t be so easy.

This also leads to need of expensive cutting edge technology. Situation gets complicated when still there is lack of clarity in funding mechanism through GCF and western support regarding technology transfer.

>SOCIAL ANGLE-We have opted to enhance carbon sink to 3bn tonnes. This means an increased vigilance regarding protection of forests. Therefore, need to work in sync with rights of forest dwellers and tribes. New employment avenues generated will help to improve lifestyle of people

But increased expenditure may hamper public expenditure on health and education services.
Though India has played role of responsible nation sharing the burden of which it wasn’t part of initially, need to have proper policy formulation.

Way forward-

>Develop an innovative ecosystem, new technology in participative manner- STARTUP India can come in handy

>diversify technology dependence-In wake of Indo-US solar dispute

>encouraging manufacturing sector to focus on “efficiency” with quality

>working to bring in clarity regarding disposal of GCF with like-minded people

>Steps like improved urban transport system, smart grids be encouraged

>Ensuring accountability and feedback mechanism to be in place

In this way, we can act in suitable manner to strike balance between developmental aspirations and environmental concerns

5. The government in the biggest litigant today. Can you suggest some ways to address the high numbers of litigations involving the government?

A litigant is someone involved in a lawsuit. The one who sues and the one who gets sued are both litigants. In this answer, both the aspects, where government gets sued and where the government is suing, needs to be tackled.

The shocking fact is that, that out of more than 2.5 crore pending cases with judiciary, almost 50% are the ones in which the government is a litigant.

(Note: the question clearly asks about the ways to reduce the number of cases involving Government. And not the pending cases in general. Your answer here needed to be specific.)

Many of you have given good points, some of them very unique but try to avoid suggesting the formation of a new body, like a separate court for government litigations, which many of you have given. Similarly while writing an answer for internal security and intelligence, avoid suggesting formation of a new agency because we already have the resources which are not being used properly.

Some of the measures that can be given in this case are:

• For petty cases like traffic rules violation, theft and other petty crimes there can be ‘Alternate Dispute Redressal mechanism’ where problems can be solved without bringing them in the purview of judiciary.
• Government Quasi judicial bodies should be made to settle intra-government/inter- department cases.
• Fast track courts should be there for speedy trial of heinous crimes, so that justice is not delayed.
• Strict action against corruption cases should be taken at the government level so that there is least involvement of judiciary.
• There are a number of vague or contradictory laws, because of which whatever action is taken by Government, it is dragged into the court by one or the other. There is a need of clarity in the laws.
• There is an imminent need of judges. The ratio of pending cases and the number of judges is very high.
• Judiciary is the only department which enjoys a summer vacation. For two months all the judges are on an official vacation and the cases keep piling up. The vacations and holidays should be at par with other government offices so that the judicial work goes on smoothly.

(These are only the basic points. You can add many more points with your knowledge of judiciary and government litigations.)

“Justice delayed is justice denied.” In the Indian judicial landscape, this statement provokes us to think thoroughly why is justice being delayed. The whole idea of justice is diluted if it’s twin pillars- accessibility and affordability begin to lose ground. Moreover, in the light of the given statement,a  large number of cases coming against the government do not give a good sign.
Our courts are heavily burdened with a large number of pending cases and there is an unfortunate paucity of judges.Consequently,the quality of judgements is suffering miserably.Amidst this backdrop,”responsible litigation”assumes the centre stage.
The government can take the lead by using alternate dispute resolution mechanisms to bring an end to various litigations.Serious analysis and study in the pre litigation stage can prevent the government from entering into unnecessary and avoidable litigation.There needs to be a sound rationale in government’s response.The conduct of cases and reviewing the good and the bad cases and intelligently prioritising the issues can act as the starting points.
The government can work with a team of well qualified lawyers to help them analyse the seriousness of the cases and accordingly, grant time and attention.
Technology can act as a boon again in leveraging the judicial infrastructure. E-courts,digitisation of records, timely update of the judicial processes on website etc. can help reduce the time and energy.
The National Litigation Policy has the potential to address the issue and should be implemented in the best of its spirit.

According to the website of National Judicial Data Grid, almost 2.6 crores cases are pending only in the lower courts but the most interesting fact is that out of total pending cases , government has been responsible for nearly half of them. Cases of one department suing the other leaving the courts to decide finds the maximum space and therefore its imperative to find a solution to this serious issue:-

1)Fast Track courts- are successfully sharing the burden however there’s need to increase their budget allocation by the centre and increase there numbers.

2) Intra-departmental quasi judicial bodies- can be set up and made mandatory for the departments to take the matter here before going for judiciary.

3) Bridging loopholes in legislation – it will help in reducing the cases against government from non-government stakeholders.

4) Separate guidelines – by judiciary for government to government cases can help in solving disputes outside the judicial system.

5) Change in Attitude – of ” let the courts decide” by the government to “lets handle this on our own”.
6) Manpower- biggest issue regarding increasing burden and hence needs to be addressed by efficient filling up of vacancies of judges and increasing the number of judges if needed.

Indian judiciary is already suffering from over burdening of pending cases and therefore government must make efforts and try not to aggravate this problem by finding alternate solutions to their issues.