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SYNOPSIS [9th August,2021] Day 151: IASbaba’s TLP (Phase 1): UPSC Mains Answer Writing (General Studies)

 

1. What are your views on the provisions of compulsory retirements for civil servants under 56J? Don’t you think such provisions affect the morale of bureaucracy? Critically comment. 

Approach 

Introduce the issue with what is Fundamental rules of service and contextualise to demand of the question that is 56J.In next part start by giving examples of how recently there has been increased use of this provision.In next part write benefits of the compulsory retirement and then write what may be its drawbacks which might hurt morale of civil servants.In conclusion take a balanced stand on necessity of such provisions in light of safeguards in constitution.

Introduction:

According to Rule 56J of fundamental rules for civil services, the government shall have absolute right to retire any government servant (in public interest). Though this provision existed, but still the usage was minimal. However, the present government has evoked 56J to retire many civil servants has sparked off a debate on its utility in inducing efficiency and effects on morale of civil services.

Body 

Rule 56J and recent scenario:

Benefits of invoking Rule 56 J for better governance:

Therefore these measures are necessary to impose accountability, ensure public trust and in the public interest of the nation.This will have check on corrupt practices and motivate the honest officers to stick to their ethical standards and promote competence in services.

Drawbacks of Compulsory retirement policy :Effect on morale of officers

The compulsory retirement may lead to fear in mind of bureaucracy to take decisions, make them subservient to political leaders rather than the constitution and affect the public interest at large.

Conclusion

The Constitution of India through Article 311, protects and safeguards the rights of civil servants in government service against arbitrary dismissal, removal and reduction in rank. Such protection enables the civil servants to discharge their functions boldly, efficiently and effectively. But the public interest and security of India is given predominance over the rights of employees. So conviction for criminal offence, impracticability and inexpediency in the interest of the security of the State are recognised as exceptions. The judiciary has given necessary guidelines and clarifications to supplement the law in Article 311.


2. Examine the provisions that safeguard various constitutional posts from executive interference.

 Approach 

Define in introduction what is meant by constitutional posts and give examples to substantiate.In next part write what are the various safeguards with help of examples.In next part mention limitations present in ensuring independence of constitutional posts especially in majority government.In conclusion write a reform orientated way to overcome these limitations.

Introduction

Those bodies and posts whose formation is prescribed by the Indian Constitution itself are known as Constitutional Bodies.They derive their powers and authority from the Indian Constitution. These are some of the important constitutional bodies with important constitutional posts such as Union Public Service Commission (UPSC), State Public Service Commission, Joint State Public Service Commission ,The Comptroller and Auditor General of India, Election Commission of India, Finance Commission of India, National Commission for Scheduled Castes (NCSC), National Commission For Scheduled Tribe, The President, The Chief Justice of India, Governor etc.

Body

Safeguards provided to the constitutional posts and bodies :

Therefore the constitution and statutory laws have ensured that the various constitutional posts are independent from the interference of  the executive.This is then upheld by the judiciary system of India.

Limitations which hinder independence of constitutional bodies :

Conclusion 

The constitutional bodies were designed to serve as effective safeguards against the arbitrary powers of government and to serve as check on executive.Recently however there have been doubts raised on the functioning of constitutional bodies ,especially with single party dominance as seen in 1970s and after 2014.Therefore its time to revisit some of the provisions trough a independent commission to ensure that they serve the constitutional role to safeguard the public interest and welfare rather than be subservient to the government of the day.


3. Should Delhi be granted full statehood? Share your views.  

Approach 

Mention in introduction shat is the status of Delhi is while gamut of federation of India.In next part mention what are the necessary reasons for Delhi to attain full state hood.In next part write what factors doesn’t make it a viable option to give Delhi state hood.Write a way forward to suggest middle path

Introduction

Delhi is the union territory which is governed by special constitutional provisions other than which are applicable to the states.Though Delhi has its own legislature and government ,it is not totally in control of its administration as the 69th  amendment and article 239AA restricts powers on land, police and public order.In recent times there has been demand to accord full statehood to Delhi which has created frictions between government of union territory and the central government.

Body

Benefits which might accrue with statehood to Delhi : 

 Arguments against statehood: 

International Cases:

Way Forward:

TLP Synopsis Day 151 PDF

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