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SYNOPSIS [27th JULY,2021] Day 142: IASbaba’s TLP (Phase 1): UPSC Mains Answer Writing (General Studies)

 

1. What are quasi judicial bodies? What purpose do they serve? Discuss. How successful have quasi judicial bodies been to address the problem of excessive litigation? Critically examine. 

Approach

In Introduction, explain what are quasi-judicial bodies. Then, the purpose these serve, i.e. their role in the overall judicial structure. You must also provide both positives and limitations of these bodies in checking excessive litigation.

Introduction

A quasi-judicial body is a body which has powers and procedures resembling those of a court of law or judge such as an arbitrator or tribunal board. It is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Their powers are usually limited to a very specific area of expertise and authority, such as land use and zoning, financial markets, public standards etc. National Human Rights Commission, National Commission for Women, National Commission for Minorities, etc. are examples of quasi-judicial bodies.

Body 

Judicial decisions consist of finding facts and applying law where as a quasi-judicial decision consists of finding facts and applying administrative policy. Quasi-judicial body is the executive body with some judicial characteristics, in which the power of adjudication is entrusted to person or body outside the system of ordinary courts. ‘Duty to act judicially’ is the principle behind it. These bodies can inquire, investigate, summon & award legal penalties to any administrative agency. Generally, these bodies have limited judiciary power in specialised areas.

Purpose served by the Quasi- judicial bodies:

Successful in addressing excessive litigation:

However, there are few lacunae that have in fact added to the judicial burden:

Conclusion

Quasi-judicial bodies are important for maintaining a healthy justice delivery ecosystem in the country. However, in order to make them effective, rationalisation of tribunals and strict guidelines for appeal need to be enforced.This will ensure that these bodies achieve their objective of reducing the pendency and speedy justice.


2. What role can the Inter State Council play in the era of cooperative federalism? Illustrate with the help of suitable examples.  

Approach

The introduction should be about what is Inter-State Council. In body, write how it can be used as a platform to enhance cooperative federalism.Try to provide examples to substantiate your point . Give a brief conclusion.

Introduction

The Inter-State Council is a constitutional body to facilitate coordination between states and the centre. It is a recommendatory body to investigate and discuss subjects, in which some or all of the states or the Central government have a common interest.

It is set up on the basis of provisions in Article 263 of the Constitution of India by a Presidential Order, 1990 based on the recommendation of Sarkaria Commission.

Body

Features of Interstate Council 

Inter-state council can play an active role in enhancing cooperative federalism:

The ISC can thus provide a platform for periodic consultation and assessment. However, to increase its effectiveness the recommendations of Punchhi commission regarding ISC- involving experts from various domains in the meetings, three meeting a year etc.- must be implemented at the earliest.

Conclusion

Australia, Canada and German federations have established similar federal councils which have ensured better coordination in policy implementation and serving the interests of the states in an efficient manner.Therefore India also need to institutionalise this constitutional body for better cooperation and coordination between centre and state governments.


3. What role should India be playing in the evolving geopolitics in Afghanistan? What can be the possible fallouts of India’s active engagement in Afghanistan? Discuss.

Approach 

In introduction mention the recent agreement on withdrawal of Us troops from Afghanistan.In next part mention in brief what are India’s interests in Afghanistan.Then write what role should India play and what can be fallouts of this active role in Afghanistan 

Introduction 

An agreement signed between the United States and the Taliban on February 29, 2020, marks a milestone in America’s longest ever war. Accordingly, the majority of U.S. troops are expected to withdraw from Afghanistan by the end of 2021.Thus it makes imperative to calibrate its role to the new emerging reality of both Taliban and Afghanistan ruling simultaneously.

Body

Indian assets in Afghanistan have been targeted by the Haqqani group, a major Taliban faction. India has also been able to invest in Afghanistan’s future partially because of the presence of U.S.-led troops and the relative stability it brought. With this stability at risk, India needs to urgently reposition its priorities.

Indian interests in Afghanistan :

1. Economic and Strategic Interest

2. Developmental Projects

3. Security Interest

Role India should play in Afghanistan with the evolving geopolitics 

Recently India have taken steps to actively engage with Taliban for the first time.India wants to make sure that it has diplomatic channels open with Taliban.Further this also signals India’s active engagement in Afghanistan politics.This active engagement can have possible fallouts such as :

Conclusion

Despite these risks, there are compelling reasons for India to talk to the Taliban and actively engage in Afghanistan . For one, these concerns would remain valid regardless of India’s outreach. If nothing else, India’s absence in the Taliban’s calculus would make it even more expendable if the Islamic republic collapses. Second,India will not want Pakistan to have upper-hand with Taliban.Therefore India needs to support Afghanistan in its pursuit of peace and development but also needs to engage with Taliban in the new evolving geopolitics of the region.

 

TLP Synopsis Day 142 PDF

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