SYNOPSIS: IASbaba’s TLP – 2018: UPSC Mains General Studies Questions [26th June 2018]- Day 2

1. Directive Principles of State Policy act as a decisive politico-constitutional tool for bringing about social revolution. Elaborate.

Approach:

• Give 2-3 lines introduction about DPSP importance.
• In body, mention those articles which helps to bring about social and economic equality. Try to mention article and terms used in constitution as possible to score high marks.   
• 2-3 lines Conclusion is must without that answer is incomplete.

Introduction:

Directive principles of state policy was a borrowed from Irish constitution whose primary role is to establish social and economic equality.  Even though judicial non-enforceable but still it plays a huge role in bringing social revolution.

Body:

How it plays a role in bringing social revolution to create welfare state:

The content can be segregated into Gandhian, Liberal and Social principles and then respective articles can be mentioned under the headings. Important articles are mentioned below, use them accordingly.

• Article 38: Eliminate inequalities by securing and promoting social order in economic, social, political spheres of life.
• Article 39: gender equality in pay, opportunity and livelihood, elimination in concentration of wealth etc.
• Article 39A: Access to judiciary in form of free legal aid for needy.
• Article 40: Village panchayat to empower people and give direct power into their hands.
• Article 42: Women empowerment.
• Article 44: Implementing uniform civil code where all are treating equally irrespective of religion, culture or gender.
• Article 45: Compulsory education to achieve 100% literacy and provide strong foundation to future of nations.
• Article 46: Provide opportunity to those people who have been at disadvantage due to historical reasons like SC, ST’s and other weaker sections.
• Article 48A: Protection of environment which has cultural, social and economic importance to humans.  

Note: A line or two explanations is required for each point. 7-8 points depending on word limit is enough in exam.

Conclusion:

Due to various reasons it might have a disadvantageous feature of being non-enforceable but political powers have given due importance to many of them and placed some of them under fundamental rights too. But more needs to be done.

Best answer: Madhavi Yadav

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Q.2) A Constitution reigns supreme provided it is backed by a complementary political will. Do you agree with this view? Elaborate your response.

Approach:

• Write a 2-3 lines introduction to show your understanding of the question and your agreement or disagreement of the statement
• Body should include examples of how with ‘political will’ spirit of the constitution is upheld at the same time give examples about negative fallout of not having political will
• Provide an optimistic conclusion

Introduction:

Dr. B R Ambedkar in his last address of the constituent assembly had said that however good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good.

(By writing such quotes you can show your agreement of the statement)

Body:

Instances/examples to show robust political will complement constitutional ideals

• Provisions under DPSP, even though explicitly mentioned under article 37 (fundamental in the governance), to implement them requires political will, in order to establish a welfare state.
• Laws enacted for the establishment equality, liberty and fraternity etc. which are ideals of Preamble
  • Prevention of Untouchability Act
  • Prevention of Atrocities Against SCs/STs Act
• Laws/ schemes for the welfare of vulnerable sections
  • Sugamya Bharat Abhiyan
  • Maternity Benefits Act etc
• Amendments/ laws enacted for the implementation of DPSPs:
  • 73rd and 74th Constitutional amendments
  • Environment protection laws
• Land reforms example is an apt example, as only a handful of states like Kerala, West Bengal could progress successfully on this aspect.

Instances to show negative fallout of bad political will

• Many of the Constitutional amendments made during Emergency were against the ideals of constitution
• Use of money and muscle powers hindering the free and fair elections as mandated by constitution 
• Misuse of Governor’s discretion etc

Instances to show lack of political will

• Delay in appointment of Lokpal
• Unwillingness of political parties to come under RTI

Conclusion:

Awareness among the citizens is necessary to build up pressure on the political class. Media, pressure groups, judicial pronouncements helps in building political will which in turn makes constitution reign supreme not only in letter but in spirit.

Nevertheless complementary political will is crucial, as the legal sanction through law is the key in furthering the vision of the constitution, as it is representative of the wider public.

3. Are the Fundamental Rights sacrosanct? Elaborate your response with the help of concrete examples. 

Approach

• Give a brief introduction about Fundamental Rights.
• Explain why Fundamental Rights are not considered to be sacrosanct and also give reasons behind restrictions imposed on the rights.
• Do not forget to mention examples, Supreme Court judgements.

Introduction

Part III of Indian constitution gives a comprehensive list of justiciable rights to the people of India. These rights, though have been influenced by the USA’s Bill of Rights, are more elaborate than those found in any other constitution.

Body-

Fundamental rights provide the necessary protection to the citizens of the nation against any largesse of the state. But these Fundamental Rights are not sacrosanct and come with viable restrictions.

Constitutionally speaking, Article 368 itself provides provision for amending the

Part III of the constitution given it is done via constitutional amendment bill. The Kesavanand Bharati case has pronounced that unless the basic structure of the constitution is not disturbed the fundamental rights can be amended. Accordingly, the 44th constitutional amendment act struck down the Right to Property which was previously in Part III of the constitution.

When it comes to abridging the fundamental rights, there are few positive interventions i.e., the Fundamental Rights of individuals are restricted for the overall development of the society.

• Article 15 provides for equality among all the citizens of the nation, but there are certain restrictions like Art 15(3) which provide special provisions to women and children. Additionally, Art 15(4) also provides for positive discrimination in the favour of socially and educationally backward classes. For example, Central Educational Institutions (Reservation in Admission) Act, 2006
• Article 31C provides for superseding of Article 14 and Article 15 provided the laws are framed under the DPSP provisions of Art 39(b) and 39 (c).
• The reasonable restrictions provided under the Article 19 are framed for overall maintenance of peace, public order, morality. For example- the Inner Line Permit in few North Eastern states have been created to save the sanctity of the region.

Additionally, there have been restrictions on the Fundamental rights to maintain national security and order.

• Under Article 19(3), the section 144 of the CrPC can prohibit assembly of 4 or more people on the ground of public order.
• During the national emergency, Fundamental rights can be suspended on the order of the President. This is done maintain order during times of external or internal crisis.
• Article 33 provides for restricting the fundamental rights of the people involved in armed forces. Navy Act, Army Act have been formulated in this direction.
• Article 34 restricts the rights conferred while martial law is in force in the area.

Conclusion:

The above arguments, as noted, show that though the rights given in Part III of the constitution are fundamental and inalienable, they are not sacrosanct. Restrictions have been imposed on them keeping in mind the overall welfare and security of the nation.

Best Answer: Shubham Milind

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4. The issue of militarisation of cyber space has become a prominent security threat in recent times. Discuss how the global community can tackle the challenge.

Approach:

• Introduction-
  -> Explain what constitutes militarization of cyber space.
  -> How it it emerging as a prominent threat including recent instances.
  -> Challenges associated with it.
• Explain how global community can tackle the challenge.
• Conclusion.

Introduction:
Militarisation of cyber space means ‘usage of cyber space as theatre for war’. Instances like wannacry malware emails meant to extort money, stuxnet attack on Iranian nuclear facilities etc. shows how the cyber space is increasingly being militarised. The WEF’s Global Risks Report 2018 identified cybersecurity threats as one of the top five global risks.

A prominent security threat:

• Increased usage by not only state but non-state actors as well like development of “Cyber Jedi” by China as offensive cyber group.
• Hacking of critical information eg. Sony digitals in USA by North Korean Group.
• Increasing vulnerability of critical infrastructure with formation of smart cities, having over-dependence on cyber space based on internet of things.

• Increasing digital dependency- Biometric information over UIDAI platform, cashless economy etc.
• Involvement of non-state actors- usage of social media by ISIS to lure youths towards its agenda.

Challenges:

• Unidentified source. Further, source of threat can be miles away.
• Non-accountability- as the source is difficult to prove.
• Asymmetry, Decentralized nature of cyber space.
• The present set up for keeping cyber space peaceful has failed, with over reliance on the needs and demands of western nations.

How global community can tackle the challenge:

Given the threat and challenges involved efforts have to be redoubled to ensure that cyberspace continues to be used for peaceful purposes.

• Global conference on cyber security should be held more frequently and talks must be held with due deliberations resulting into concrete plans based on latest developments.
• Global cyber security framework- Regulations and rules agreeable to the global community should be set. Budapest Convention can be modified so as to incorporate concerns of nations like India and Brazil, and hence ratified and adopted globally.
• International cooperation on adopting best practices and experiences available worldwide.
• Strong laws for protection of data eg. Global Data Protection Law by European Union, adoption of block chain technology etc.
• Measuring progress through Global Cyber Security Index. Making it more comprehensive.
• Adoption of ‘No-first use policy’ as in nuclear space.
• Spreading awareness among netizens on safe usage of cyber space.

Conclusion:

Since cyber space has no boundaries and is face-less, the challenges associated with it is enormous, making it difficult for nations to tackle it. In this light, only concerted efforts involving all the stakeholders is called for.

Best answer: Tenali Raman

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5. In India, 12 million young people enter the labour force each year, and millions transfer out of low productivity agricultural jobs. To ensure that such individuals get gainful employment is a mammoth challenge. Discuss the measures to tackle this challenge.

Introduction:

India’s strong growth in recent years has outstripped job creation and poverty remains a key challenge. Unemployment is the greatest economic challenge facing India. Virtually all major economic policy issues derive from this central challenge. The India Labour and Employment Report 2016 of the Institute for Human Development present compelling evidence of how the employment situation has improved during the 21st century. But it also emphasizes the awesome challenge of unemployment that still faces us.

• Not all people in the working age population are in the labour force, i.e., available for work. The labour force participation rate measures the proportion of people in the working-age group who are actually available for work.
• India’s sustained average growth rate of 7% over the last decade has not been accompanied by sufficient growth in employment.
• While half of India’s population is below the age of 26, the increasing demand for jobs is not being met by the creation of sufficient new economic opportunities. The annual demand for new jobs in India is estimated at 12-15 million, leaving India with a shortage of between 4-7 million jobs each year.
• This is further compounded by the 300 million people of working age outside of the labour force. India’s official unemployment rate of 3.5% masks the magnitude of the jobs crunch.
• The immensity of this challenge is compounded by the lack of a formal education among large parts of the population.

Measures to tackle the problem:

To tackle the problem we need to provide formal education, skills and high end technology training. Private sector along with government need to invest money to provide better outcomes to the youth and should fill the gap between the passing out graduates and the job requirement.

• The service sector is providing immense opportunities for job creation in traditional and emerging sub-sectors.
• Currently, this sector accounts for 68% of GDP and 30% of employment. Continued growth in domestic and export services is expected, and will be increasingly important in the face of uncertainty in the manufacturing sector, where employment has stagnated at 22%.
• Changes in manufacturing processes, especially the potential for increased automation, will limit the benefits of labour intensive growth.
• Structural shifts in the economy due to digitalisation are altering the kinds of jobs being created, and the skills required for individuals to remain competitive.
• In order to help workers adapt to changing demand, India must develop an enhanced skills development framework.
• Such a framework should be accessible, driven by demand, linked to employment opportunities and enable individuals to quickly up-skill and re-skill, Atal tinkering labs, research in premier as well as all the university levels.
• The adoption of digital technologies and emergence of digital platforms, such as in e-commerce and digital financial systems, are improving the business viability of microenterprises in India.
• Additionally, India’s microfirms create direct employment and should be an essential part of its employment strategy. In order to support inclusive growth among micro and small-sized firms, India must improve financial connectivity and reorient its skills development strategy.
• Further, in order to take full advantage of the employment potential of the digital economy, it is essential to improve and secure digital infrastructure to enable equal access to digital technologies and reduce the digital divide.

Conclusion:

India has the opportunity to drive growth from the informal sector, while simultaneously creating stronger linkages between the state and individuals through new, digitally-enabled social protection mechanisms. This opportunity will be accompanied by a major challenge: to effectively skill, up-skill and re-skill India’s workforce. Now the time has come to India to focus on net job providing rather than job seeking, in the recent SALARY SURGE report it is said that by 2030 India will have enough high skilled population.

Best Answer: Priya saini

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