
Free DAMP (Daily Answer Writing And Mentorship Program)
Description
Program Features
Note
Answer writing has immense impact on the learning outcomes. It is the most effective tool for aligning your foundational learning with the evolving nature of UPSC CSE.
Keeping the huge demand from our sincere students in mind, we are coming up with free version of Daily Answer Writing and Mentorship Program-2024. Its focus is to teach the basics of answer writing and develop a habit in students to write answers alongside the preparation.
Day & Subject
Monday to Thursday : General Studies
Friday to Saturday: Weekly Current Affairs
* Daily one Question will be posted on our Website and Telegram channel at 10 A.M.- https://t.me/AnswerWritingDaily
* Students can submit the scanned copy of their answers in our discussion group https://t.me/AnswerWritingDailyDiscuss
* First 20 answers will be evaluated with detailed feedback by the concerned faculties in the group itself. Copies uploaded after 20th will be evaluated randomly.
* Model answers shall be posted in the evening at 6 P.M. on the same day.
* Schedule shall be as follows - First four days for General Studies and two days are reserved for Weekly Current affairs, schedule for the month will be posted in advance.
- All our lectures are under the license of copyright protection, under the Copyright Act 1957 (the Act), supported by the Copyright Rules 1958 (the Rules), International Copyright Order, 1999 and Copyright Act in 2012. So copying our videos, illegal piracy, downloads, sharing, distribution etc. are strictly not allowed. We will take strict legal action against people doing so.
- We have embedded tracking of video usage with the location, IP and we collect data on the video usage to check if there are any suspicious downloads of video happening with some third-party software. In such cases, the culprits will not be given any warning from our end; instead, strict legal action will be enforced.
- Sharing of the user’s login and password is strictly prohibited. If any student is found doing so, his account would be suspended, and we will file a legal case of data theft and piracy against the student. Please do not share logins with your friends; else you will be in deep trouble.
- There is access limit for each student – based on the course validity (date mentioned in the course features) and the total duration for which a student can watch any particular video (three times of the length of the video). Under no circumstance requests to extend the validity or increase the view duration will be entertained.
- You may be mandatorily required to register the device from which you will be permitted to access the student portal to consume the online services. LevelUP IAS withholds the right to keep the number of devices registered limited.
- Students are advised to have minimum internet speed of 2 Mbps for smooth experience. For mobile, videos run efficiently on 4G networks.
Daily Answer Writing And Mentorship Program
22-04-2023
Q: India faces multiple and intricate challenges to its cybersecurity, however, a holistic approach that integrates both technological and policy-based solutions can effectively tackle these issues. Discuss (10 Marks)
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Introduction: Write in brief about cybercrime. Body: Mention some challenges and also write about technological & policy-based solutions. Conclusion: To conclusion with positive feedback to deal with cybercrime. |
Answer:
Under the Indian context, cybercrime refers to any criminal activity or offense committed using computer networks or the internet. The Information Technology Act, 2000, which is the primary law governing cybercrime in India, defines cybercrime as any illegal activity involving a computer, computer network, or computer resource.
Multiple challenges faced in cybersecurity: |
- Cybercrime: India has seen an increase in cybercrime cases, such as online financial fraud, phishing scams, and identity theft. For instance, in February 2021, a Mumbai-based businessman lost INR 1.86 crore (approximately USD 252,500) to a phishing scam.
- Data breaches: In 2020, a data breach at India’s largest airline, Air India, exposed the personal information of around 4.5 million customers. This incident highlighted the need for better data protection measures in the country.
- Ransomware attacks: In April 2021, India’s largest private port operator, Adani Ports, was hit by a ransomware attack that caused disruption to its operations. The cybercriminals demanded a ransom of USD 4 million in exchange for the decryption key.
- Lack of cybersecurity awareness: For instance, in 2020, an Indian bank lost INR 1.3 crore (approximately USD 177,000) due to a social engineering attack, where the attackers used phishing emails to gain access to the bank’s system.
- Cyber espionage: In 2020, a Chinese state-sponsored hacking group targeted several Indian organizations, including the Indian government’s COVID-19 response team.
- Lack of skilled cybersecurity professionals: India faces a shortage of skilled cybersecurity professionals, which makes it difficult to address the growing threat of cybercrime and cyber-attacks.
Technological and policy-based solutions: |
- Technological Solutions: India has made significant progress in developing and deploying technological solutions to enhance cybersecurity.
- For instance, the Indian Computer Emergency Response Team (CERT-In) operates a 24/7 cybersecurity helpline, which helps individuals and organizations report cyber incidents and receive timely assistance.
- Several cybersecurity projects such as Cyber Swachhta Kendra and National Cyber Coordination Centre, aimed at improving cybersecurity awareness and strengthening India’s cyber defense capabilities.
- Policy-based Solutions: India has also implemented several policy-based solutions to improve cybersecurity. For instance, the government has established the National Cyber Security Policy 2013, which outlines a comprehensive framework to address cybersecurity challenges.
- Public-Private Partnerships: India has initiated several public-private partnerships to enhance cybersecurity. For instance, the Data Security Council of India (DSCI) is a not-for-profit organization established in partnership with NASSCOM.
- Cybersecurity Education: For instance, the government has established the National Institute of Electronics and Information Technology (NIELIT), which offers various cybersecurity courses.
- Moreover, the National Cyber Security Coordinator has launched initiatives such as Cyber Surakshit Bharat, which aims to educate individuals on safe online practices.
There is a need to revamp the IT Act 2000 to keep in mind the evolving technologies and challenges. India also needs to strengthen its technological capacity and manpower to address the challenges. The recently proposed Personal Data Protection Bill, 2019, which aims to regulate the collection, use, and transfer of personal data in India and strengthen the country’s cybersecurity framework.
21-04-2023
Q: Highlight the impact of the decriminalization of homosexuality in India on the movement towards legalizing same-sex marriage. What are the legal and social challenges to legalizing same-sex marriage in India? (15 Marks)
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Introduction: Define same-sex marriage and its impact of decriminalization of homosexuality. Body: Mention legal and social challenges to legalizing same sex marriage. Conclusion: Mention the need for a balanced and nuanced approach that respects individual rights and societal values. |
Answer:
- Same-sex marriage refers to a legal union between two individuals of the same gender. In India, same-sex marriage is not legally recognized, and there have been several instances of legal disputes and battles over this issue.
- Delhi High Court in Naz Foundation v. Govt. of NCT of Delhi (2009) held that section 377 of the Indian Penal Code, which criminalized homosexual conduct, violated the fundamental rights of LGBTQ individuals under the Indian Constitution.
Impact of the decriminalization of homosexuality |
- Navtej Singh Johar v. Union of India: This landmark case challenged the constitutionality of Section 377 of the Indian Penal Code, which criminalized homosexuality.
- In September 2018, the Supreme Court of India ruled that Section 377 was unconstitutional, effectively decriminalizing homosexuality.
- Arif Jafar v. State of Uttar Pradesh: Arif Jafar, a gay rights activist, was arrested in 2001 under Section 377 for distributing condoms to men who have sex with men.
- He spent 49 days in prison and was subjected to torture and abuse by the police. After the decriminalization of homosexuality in 2018, Jafar spoke about the impact of the ruling on the LGBTQ community in India.
- Surya and Ishaan: In 2018, Surya and Ishaan, a gay couple from India, got married in a traditional Hindu ceremony in California. While their marriage was not recognized in India.
- Surya and Ishaan spoke about the impact of the decriminalization of homosexuality on their decision to get married, stating that the ruling had given them hope for the future and helped to create a more positive environment for LGBTQ people in India.
Legal and Social challenges to legalizing same sex marriage in India |
- Legal framework: In 2019, a same-sex couple in Delhi approached the Delhi High Court seeking recognition of their marriage under the Special Marriage Act. The court dismissed their petition, stating that the act only recognized marriages between a man and a woman.
- Religious and cultural opposition: In 2018, the All-India Muslim Personal Law Board (AIMPLB), which represents India’s largest minority group, issued a statement opposing same-sex marriage, calling it “against the laws of nature.” Similarly, in 2020, the Kerala High Court dismissed a petition seeking recognition of same-sex marriage, citing opposition from religious and cultural groups.
- Public opinion: A 2019 survey found that while 55% of respondents in India supported decriminalization of homosexuality, only 22% supported same-sex marriage. This indicates a lack of public support for same-sex marriage in India. In 2020, a same-sex couple in Madhya Pradesh was denied marriage registration despite the decriminalization of homosexuality.
- Political will: In 2020, the Indian government opposed a petition to legalize same-sex marriage, arguing that the country was not yet ready for such a reform.
- Lack of access to legal remedies: In 2021, a same-sex couple in Maharashtra was harassed by police and their families, and forced to separate. This case illustrates the lack of access to legal remedies for discrimination faced by same-sex couples in India.
In addition to constitutionally recognizing same-sex marriage, India courts should also enact legal safeguards that would prohibit religious leaders from overturning the rights of LGBTQ+ individuals. Regardless of the outcome, the ongoing dialogue and engagement on this issue are essential to promote equality, respect, and dignity for all individuals, regardless of their sexual orientation or gender identity.
20-04-2023
Q: Describe the procedure of amendment of the Constitution of India under Article 368. Why has this amendment procedure been often criticized? (10 Marks)
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Approach to the answer: Introduction: Briefly mention the Constitutional provisions regarding amendment of the Constitution Body: Explain the procedure of amendment of the Constitution of India under Article 368. Give reasons as to why this procedure has been criticized often. Conclusion: Summarizes and concludes on a positive note. |
Answer: The Constitution of India provides for its amendment to adjust itself to the changing conditions and needs. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.
The procedure for the amendment of the Constitution as laid down under Article 368 is as follows: |
- An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in any House of Parliament and not in the state legislatures.
- The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
- The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
- Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
- If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority.
- After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent.
- The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill to the Parliament for reconsideration.
- After the President’s assent, the bill becomes an Act (i.e., a Constitutional Amendment Act) and the Constitution stands amended in accordance with the terms of the Act.
Criticism of the Amendment Procedure |
- The power to initiate an amendment to the Constitution lies with the Parliament. The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states.
- A major part of the Constitution can be amended by the Parliament alone either by a special majority or by a simple majority. Only in a few cases, the consent of the state legislatures is required and that too, only half of them.
- The Constitution does not prescribe the time frame within which the state legislatures should ratify or reject an amendment submitted to them. It is also silent on the issue of whether the states can withdraw their approval after the same.
- There is no provision for holding a joint sitting of both the Houses of Parliament if there is a deadlock over the passage of a constitutional amendment bill.
- State ratification is not time bound in nature, thus delaying the passage of the bill.
- The provisions relating to the amendment procedure are too sketchy. Hence, they leave a wide scope for taking matters to the judiciary.
Despite these defects, it cannot be denied that the process has proved to be simple and easy and has succeeded in meeting the changing needs and conditions of society. We have done more than 100 amendments in the constitution to reflect changing social, economic, and political circumstances. That’s why Indian constitution is called as ‘living document’.
19-04-2023
Q: Fundamental Duties are not enforceable in the same manner as Fundamental Rights, but they are still essential for the welfare and betterment of both individuals and society. Discuss (10 Marks)
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Approach to the answer: Introduction: Write a brief introduction about Fundamental duties. Body: Address the demand by highlighting how FDs are essential for welfare and betterment even after being non-justiciable in nature. Conclusion: Summarizes and concludes on a positive note. |
Answer: Fundamental duties were added to the Constitution through the 42nd Amendment in 1976 and are contained in Article 51A of the Constitution. Fundamental duties are non-justiciable, meaning that they cannot be enforced through the courts. Fundamental duties are an essential component of the Indian Constitution, as they outline the responsibilities that citizens have towards the nation and society.
Fundamental duties still essential for the welfare and betterment of both individuals and society |
- Though Fundamental duties are not enforceable, it complements fundamental rights and helps in ensuring in their implementation.
- Article 51A (a) mandates every citizen to respect the Constitution and its ideals. By fulfilling this duty, citizens can help to create an environment in which fundamental rights are respected and upheld.
- Article 51A (b) mandates every citizen to cherish and follow the noble ideals that inspired the national struggle for freedom. This includes ideals such as liberty, equality, and fraternity, which are enshrined in the Constitution as fundamental rights.
- Article 51A (e) mandates to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities. This duty is closely related to the fundamental right to equality and non-discrimination under Article 14 of the
- Article 51A(g) of the Constitution mandates that it is the duty of every citizen to protect and preserve the natural environment including forests, lakes, rivers, and wildlife. It contributes to the protection of Article 21, which includes the right to a clean and healthy environment.
Fundamental duties play a crucial role in the implementation of fundamental rights under the Indian Constitution. By promoting a culture of civic responsibility and social harmony, citizens can contribute to the protection and promotion of individual liberties and freedoms, which are essential for a just and democratic society.
18-04-2023
Q: Highlight the constitutional significance of the directive principles of state policy in the Indian polity.
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Approach to the answer: Introduction: Write a brief introduction about DPSP. Body: Address the demand by highlighting the significance with the help of relevant articles of the DPSP. Conclusion: Summarizes and concludes on a positive note. |
Answer: The Directive Principles of State Policy (DPSP) are guidelines or principles that are enshrined in Part IV of the Indian Constitution. The DPSPs lay down the socio-economic and political objectives that the Indian state should strive to achieve to promote the welfare of its citizens. The DPSPs are not enforceable by the courts of law, but they are fundamental in guiding the state policies and the governance of the country.
The constitutional significance of the DPSP in the Indian polity can be analyzed as follows: |
- Social justice: The DPSP lays down several provisions for ensuring social justice in the country, such as providing equal opportunities and facilities for all citizens, promoting the welfare of weaker sections of society, and protecting the rights of minorities. Articles 38, 39, and 46 of the DPSP deal with issues related to social justice.
- Economic welfare: The DPSP also lays down provisions for promoting economic welfare in the country, such as ensuring equitable distribution of resources, preventing concentration of wealth and means of production, and promoting agriculture and rural development. Articles 39, 40, and 43 of the DPSP deal with issues related to economic welfare.
- Governance: The DPSP also contains provisions related to governance, such as ensuring transparency and accountability in public administration, promoting a decentralized system of governance, and promoting the integrity and sovereignty of the nation. Articles 50, 51, and 51A of the DPSP deal with issues related to governance.
- International relations: The DPSP also lays down provisions related to India’s international relations, such as promoting peaceful relations with other countries, promoting international law and justice, and promoting the ideals of the United Nations. Article 51 of the DPSP deals with issues related to international relations.
The Directive Principles of State Policy serve as a guiding force for the government in shaping policies and legislation that promote the welfare and development of the citizens of India. Although they are not enforceable by any court of law, they are fundamental in the governance of the country and provide a framework for achieving the ideals of a just, equitable and inclusive society.
17-04-2023
Q: The Directive Principles, which play a crucial role in the governance of a country, are inherently interconnected with Fundamental Rights, and cannot be viewed independently. Examine
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Approach: Introduction: Give a short description of Fundamental rights and Directive principles. Body: Write arguments with the help of cases to show how they are interconnected. Examine how both are inter-related to each other and one cannot be isolated from the other. Conclusion: Conclude with striking balance between two by highlighting its importance. |
Answer: The Fundamental right represents the civil and political rights, and the directive principles embody social and economic rights. Fundamental rights are called negative rights as they impose obligations on the state not to encroach on individual liberty. Directive Principles of the constitution are positive rights and impose positive obligations on the state.
Directive principles and fundamental rights are interconnected: |
- Kerala Education Bill 1958, the SC while affirming the primacy of fundamental rights over the directive principles, qualified complementary nature by pleading for a harmonious interpretation of the two.
- Kesavananda Bharti v. State of Kerala: The fundamental rights and directive principles constitute the “conscience of the constitution” there is no antithesis between the fundamental rights and directive principles, and one supplements the other.
- Integrated scheme: Supreme Court in Golak Nath case emphasized that the fundamental rights and directive principles formed an “integrated scheme” which was elastic enough to respond to the changing needs of society.
- Harmonious relation: The Supreme Court said in State of Kerala v. N.M Thomas, that the Directive Principles and Fundamental rights should be construed in harmony with each other, and every attempt should be made by the court to resolve any apparent inconsistency between them.
- To achieve broader socio-economic goals: In Pathumma v. State of Kerala, the Supreme Court has emphasized that the purpose of the directive principles is to fix certain socio-economic goals for immediate attainment by bringing about a non-violent social revolution.
- SC in Minerva Mills case said that the fundamental rights “are not an end in themselves but are the means to an end.” The end is specified in the directive principles.
- A middle path: In R. Coelho v. state of T.N. SC said that it is the responsibility of the government to adopt a middle path between individual liberty (Fundamental Rights) and public good (Directive Principles).
There should be harmony between fundamental rights and Directive Principles since maintenance of harmony between them is a basic feature to the constitution.
15-04-2023
Q: Briefly explain about the LaserInterferometer Gravitational-Wave Observatory (LIGO). How will the establishment of LIGO-India contribute to advancing India’s scientific capabilities?
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Introduction: Briefly define the LIGO.
Body: Mention about LIGO-India for advancing India’s scientific capabilities.
Conclusion: Write futuristic approach towards LIGO-India.
Answer:
- LIGO: LIGO (Laser Interferometer Gravitational-Wave Observatory) is a scientific project aimed at detecting and studying gravitational waves. Gravitational waves are ripples in the fabric of spacetime, predicted by Albert Einstein’s theory of general relativity.
- LIGO consists of two identical observatories, located in Hanford, Washington, and Livingston, Louisiana, which work together to detect gravitational waves.
- Each observatory has two arms, each 4 kilometers long, arranged in an L-shape. Inside each arm, laser beams are fired back and forth between mirrors, and the interference pattern of the beams is measured to detect any changes in the length of the arms.
- LIGO made its first detection of gravitational waves in 2015, which was a major breakthrough in physics and astronomy. Since then, it has made several more detections, providing insights into the nature of black holes, neutron stars, and the universe as a whole.
LIGO-India for advancing India’s scientific capabilities: - India has been an active collaborator in international science projects, such as the Large Hadron Collider experiments and ITER.
- The establishment of LIGO-India will provide Indian researchers and scientists with access to the latest technology and research opportunities in the field of gravitational wave astronomy and enable collaboration with researchers from other countries.
- This will have significant spin-off benefits for India’s science and technology sector.
- However, India has not yet built a cutting-edge scientific facility on its own soil, while the Neutrino Observatory has faced delays.
LIGO is a ground-breaking facility that has opened a new field of gravitational wave astronomy and made several discoveries. The establishment of LIGO-India is a milestone for India’s scientific community, allowing for new discoveries and advancements in our understanding of the universe.
14-04-2023
Q: In the context of the recent commemoration of 50 years of Project Tiger in India, highlight the challenges encountered in the tiger conservation efforts and outline the steps taken to safeguard them in India.
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Introduction: Mention briefly about Project Tiger. Body: Write about challenges faced and also government measures for the protection of tigers. Conclusion: Mention the way forward with current context of an increase in the tiger population. |
Answer: Project Tiger is an initiative launched in 1973 in India with the aim of conserving the endangered Bengal tiger. In 2023, there are 54 tiger reserves in India, and the tiger population has grown to over 3,167.
Challenges encountered in tiger conservation efforts: |
Habitat loss and fragmentation: For example, the expansion of agriculture, mining, and infrastructure development has led to the destruction of tiger habitats, such as the Sariska Tiger Reserve in Rajasthan.
Poaching and illegal wildlife trade: Tiger parts are in high demand in many parts of the world for use in traditional medicines, luxury goods, and as status symbols.
Human-wildlife conflict: 1,065 cases of human-tiger conflict were recorded including injuries and even fatalities. Lack Of funding and resources: As per report by the Wildlife Protection Society of India highlighted the lack of funding for anti-poaching measures in tiger reserves, which puts tigers at risk of poaching and illegal wildlife trade. Climate change: E.g., changes in temperature and rainfall patterns could impact the distribution and abundance of prey species, such as deer and wild pigs, which are critical for tiger survival.
Significant Measures taken by the government: |
Wildlife Protection Act, 1972: Provides legal protection to wildlife, including tigers. The act prohibits hunting, poaching, and trade of wildlife, and provides for penalties for offenses.
National Tiger Conservation Authority (NTCA): The NTCA is responsible for implementing conservation policies and strategies, and works closely with state governments and other stakeholders.
International cooperation: E.g., India is a member of the Global Tiger Forum, an international organization that works to conserve tigers and their habitats.
Technology-based monitoring: The Indian government has implemented technology-based monitoring systems in tiger reserves, such as camera traps and GPS collars, to track tiger populations and movement patterns.
Eco-development: Aimed at reducing human-wildlife conflict by ensuring availability of prey, water, etc and providing livelihood opportunities through eco-tourism to local communities.
The commemoration of the 50th anniversary of Project Tiger will also serve as an occasion to celebrate India’s rich biodiversity and to recognize the importance of wildlife conservation for the country’s ecological and cultural heritage.
13-04-2023
Q: Explain the significance of Article 32 of the Indian Constitution in ensuring the fundamental rights of citizens. How has this article been interpreted by the courts over the years?
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Approach to the answer:
Introduction: Write a brief introduction about Article 32 or write importance of Article 32 in brief.
Body: Address the demand under two headings: 1) Key significance of article 32 and 2) Famous judicial cases related to Article 32.
Conclusion: Summarizes and concludes on a positive note.
Answer: Article 32 of the Indian Constitution provides for the right to constitutional remedies for the enforcement of fundamental rights. It is often referred to as the “heart and soul” of the Constitution because it guarantees citizens the right to approach the Supreme Court directly if their fundamental rights have been violated. The article empowers the Supreme Court to issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, to any person or authority within the territory of India for the enforcement of such rights.
Key significance of Article 32:
- Protection of Fundamental Rights: Article 32 ensures that citizens have a mechanism to protect their fundamental rights against infringement by the state or its agencies.
- Accessibility of Justice: Citizens can approach the Supreme Court directly through Article 32, which ensures the accessibility of justice, especially for marginalized and vulnerable communities.
- Independence of Judiciary: Article 32 upholds the independence of the judiciary by enabling the Supreme Court to act as a check against the state and its actions.
- Public Interest Litigation (PIL): The interpretation of Article 32 by the Supreme Court has expanded its scope to include the protection of public interest. This has led to the development of PILs as a powerful tool for citizens to seek justice and bring about social change.
- Accountability of the State: Article 32 empowers citizens to hold the state accountable for any violation of their fundamental rights.
- Protection of Democracy: Article 32 ensures the protection of democratic values by enabling citizens to seek legal remedies for any infringement of their fundamental rights.
Famous judicial cases related to Article 32: - Maneka Gandhi vs. Union of India: The Supreme Court held that the right to life and personal liberty under Article 21 cannot be restricted by laws that are arbitrary, unreasonable, or violative of natural justice principles. This case expanded the scope of Article 32.
- ADM Jabalpur v. Shivkant Shukla (1976): This case is also known as the Habeas Corpus case. The Supreme Court held that during the Emergency period, the right to life and personal liberty, which are protected under Article 21 of the Constitution, could be suspended.
- Indira Nehru Gandhi v. Raj Narain (1975): In this case, the Supreme Court held that the right to vote was a fundamental right and that it could be enforced under Article 32 of the Constitution.
The courts have played a significant role in expanding the scope of Article 32 by incorporating new rights such as the right to education, the right to a clean environment, and the right to livelihood under the ambit of fundamental rights. Its broad interpretation by the courts has helped in strengthening the protection of fundamental rights in India.
12-04-2023
Q: What are the Rights within the ambit of Article 21 of the Indian Constitution
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Approach to the answer:
Introduction: Write a brief introduction about Article 21
Body: Highlight various Rights which falls within the ambit of Article 21 of the constitution.
Conclusion: Summarizes and concludes on a positive note.
Answer: Article 21 of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article ensures the protection of certain fundamental rights to every person in India.
The rights that fall within the ambit of Article 21 include:
- Right to Life: This includes the right to live with dignity, the right to livelihood, the right to shelter, the right to basic amenities, and the right to a healthy environment.
- Right to Personal Liberty: This includes the right to freedom of movement, the right to privacy, the right to a fair trial, the right against unlawful detention, and the right against torture or cruel, inhuman or degrading treatment.
- Right to Education: Although education is not explicitly mentioned in Article 21, the Supreme Court of India has held that the right to education is a fundamental right that flows from Article 21.
- Right to Health: This includes the right to basic medical facilities, the right to emergency medical treatment, and the right to a clean and hygienic environment.
- Right to a Fair Trial: This includes the right to legal aid, the right to a speedy trial, the right to be heard, and the right to a fair and impartial judge.
- Right to privacy: This right protects an individual’s privacy and personal autonomy, including their right to be free from surveillance and intrusion into their personal life.
- Right against torture and inhuman treatment: This right protects individuals from torture, cruel, inhuman, or degrading treatment or punishment.
- Right to livelihood: This right protects an individual’s right to earn a livelihood, including the right to work and the right to fair wages.
- Right to clean environment: This right includes the right to a clean and healthy environment, free from pollution and other environmental hazards.
Article 21 of the Indian Constitution protects the basic rights and freedoms of every individual and ensures that they are not deprived of their life or personal liberty except according to the procedure established by law. The rights enshrined under Article 21 of the Indian Constitution represent a strong commitment to the protection and promotion of fundamental human rights.
11-04-2023
Q: “Freedom of speech and expression is a cornerstone of a democratic society.” Discuss the significance of this right in the context of Indian democracy.
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Approach to the answer:
Introduction: Write a brief introduction about Article 19.
Body: Highlight contribution of Freedom of speech and expression in Indian democracy.
Conclusion: Summarizes and concludes on a positive note.
Answer: The right to freedom of speech and expression is an essential component of Indian democracy. It is enshrined in Article 19(1)(a) of the Indian Constitution, which guarantees to every citizen the right to freedom of speech and expression subject to certain reasonable restrictions.
Significance of this right in the context of Indian democracy:
- Facilitates informed decision-making: Freedom of speech and expression facilitates informed decision-making in a democratic society. It allows citizens to express their opinions and views freely, which is necessary for healthy debate and discussion.
- Promotes accountability: Freedom of speech and expression allows citizens to hold their elected representatives accountable for their actions and decisions.
- Promotes diversity of opinions: Freedom of speech and expression also promotes diversity of opinions and ideas to facilitate healthy debate and discussion.
- Facilitates social change: Freedom of speech and expression allows individuals and groups to raise their voices against social injustices and inequalities.
- Protects dissent: Freedom of speech and expression allows individuals to express their disagreement with the government without fear of retaliation or repression.
- Encouraging innovation and creativity: The freedom of speech and expression enables individuals to express their ideas and thoughts freely, which can lead to new and innovative solutions to societal challenges.
- Reasonable restrictions: While freedom of speech and expression is a fundamental right, it is not absolute and can be subject to reasonable restrictions in the interest of national security, public order, and the protection of other fundamental rights. The Indian Constitution provides for such restrictions under Article 19(2).
The right to freedom of speech and expression is an essential component of Indian democracy. It plays a critical role in promoting accountability, facilitating informed decision-making, promoting diversity of opinions, facilitating social change, and protecting dissent. Thus, freedom of speech and expression is indeed a cornerstone of a democratic society.
10-04-2023
Q: “To what extent do Fundamental Rights contribute to the preservation of individual freedoms and democratic values in India? Discuss with reference to landmark judicial decisions.”
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Approach to the answer:
Introduction: Write a brief introduction about Fundamental Right.
Body: Highlight various judicial cases which helped in preserving and protecting fundamental Rights.
Conclusion: Summarizes and concludes on a positive note.
Answer: Fundamental Rights protecting the individual freedoms and democratic values in the country. They are enshrined in the Indian Constitution and act as a safeguard against any arbitrary actions of the government. These rights ensure that every citizen of India has the right to equality, freedom of speech and expression, the right to life and personal liberty, freedom of religion, and the right to education, among others.
Landmark judicial cases which safeguarded and preserved Fundamental Rights:
- Right to Equality: The Constitution of India guarantees equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth.
- State of Kerala v. N. M. Thomas (1976): Right to equality is not merely a negative right but also a positive right that includes the right to equal opportunities in public employment.
- Navtej Singh Johar v. Union of India (2018): It criminalized consensual sexual acts between adults of the same sex. It recognized the importance of the right to equality and non-discrimination based on sexual orientation.
- Right to Freedom: This category includes freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, etc.
- Maneka Gandhi v. Union of India (1978): Right to life and personal liberty under Article 21 of the Constitution includes the right to travel abroad.
- Right to livelihood: The right to livelihood is an integral part of the right to life under Article 21 of the Constitution.
- Olga Tellis v. Bombay Municipal Corporation (1985): The court held that the state cannot deprive a person of their means of livelihood without due process of law.
- Right to Education: Right to education is a fundamental right under Article 21 of the Constitution.
- Mohini Jain vs. State of Karnataka: The court held that the state cannot deny admission to a student in an educational institution solely on the grounds that the student is unable to pay the fees.
- Right Against Exploitation: This category includes the prohibition of trafficking, forced labor, and child labor.
- People’s Union for Democratic Rights v. Union of India (1982): Right to livelihood is a fundamental right under Article 21 and that the government has a constitutional obligation to provide work to every able-bodied citizen.
- Bandhua Mukti Morcha vs. Union of India: The court also held that the state has a duty to provide rehabilitation and relief to bonded laborers.
- Right to Freedom of Religion: This category includes the freedom to profess, practice, and propagate any religion.
- S. R. Bommai v. Union of India (1994): Secularism is a basic feature of the Constitution of India, and any action or law that goes against the principles of secularism is unconstitutional.
- Cultural and Educational Rights: This category includes the right of minorities to establish and administer educational institutions of their choice.
- T. M. A. Pai Foundation v. State of Karnataka (2002): State has a duty to protect the rights of minorities to establish and administer educational institutions.
The judiciary’s role in interpreting and enforcing these rights is crucial to ensuring that citizens of India can exercise their rights without fear or prejudice. These landmark judgments demonstrate how the Fundamental Rights enshrined in the Indian Constitution contribute to the preservation of individual freedoms and democratic values in India.
08-04-2023
Q: Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNERGA) has been a crucial step towards employment generation and thus rural poverty alleviation. In this context, states the achievements and limitations of the MGNERGA Scheme in India.
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Approach to the answer: Introduction: Describe briefly about MGNERGA. Body: Mention about some achievements and then limitations. Conclusion: Mention recent government initiatives and suggest measures. |
Answer:
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005 provided a framework for the world’s biggest employment guarantee scheme with recognition of a legalized right to work for 100 days, based on the demand of any rural adult failing which an unemployment allowance is to be provided. This ensures employment to the rural youth and helps in poverty eradication through adequate economic activity in rural India.
To further ensure its effective implementation, the Union government has recently decided to make digital technology universal for capturing worker’s attendance.
Achievements of MGNREGA: |
- Poverty Alleviation: According to the Ministry of Rural Development (MoRD) and NCAER 2021 report, MGNERGS reduced poverty by up to 32% from 2004-05 to 2011-12.
- De-centralized planning by Panchayati Raj Institutions to help plan at a local level as people’s priorities along with the provision of social audits empowering people.
- Main driver for water conservation at a local as 143 lakh hectares of land benefitted between 2014 to 2018 as per the NREGA portal.
- SECURE: SECURE is an online application designed and developed specially for the estimate preparation and approval for Mahatma Gandhi NREGA works.
- Emphasis on Social Audit: In association with the office of Comptroller & Auditor General (C&AG), the auditing standards have been finalized and the implementation of the same has started. Social Audit Units have been established in 27 States and 1 UT.
- Skill Development: The project “UNNATI” intends to upgrade the skill-base of the Mahatma Gandhi NREGS workers, and thereby improve their livelihoods, so that they can move from the current partial employment to full employment.
Limitations in MGNERGA and its implementation: |
- Low wage rates result in lack of interest among workers. In 2018, wages in 17 states were less than their corresponding minimum wages.
- Insufficient budget allocation: As per PAEG (people’s Action for Employment Guarantee), budget allocation for MGNERGA in 2022 was 34% less than the revised budget for 2020-21.
- Regular payment delays such as in the processing of Fund Transfer Orders, which are not considered delays in Management Information System (MIS). Caste based payments in 2021 due to central government circular further created a furor. Such delays affect people’s trust.
- Technology and accountability: Allegations of faulty MIS data, fake job cards and fictitious names, thus accountability not being ensured with a centralized use of technology.
These limitations create roadblocks in uplifting rural areas from poverty by ensuring employment. Thus, recent steps taken by the government to tackle these limitations:
- Formation of a 9-member panel by the center to study governance issues, and performance of states alongside examining factors affecting demand for wage employment in MGNERGA.
- Geotagging of assets created in real-time to check over corruption.
Moreover, local people should be empowered to regularly conduct social audits. Convergence with the Green India Initiative, skill development initiatives can be deliberated upon to further improve workforce quality as well as integrate social justice and sustainable development.
07-04-2023
Q: Recently, the credibility of the Central Bureau of Investigation (CBI) has been called for question. Discuss the reasonsand suggest remedial measures to improve its credibility.
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Approach to the answer:
Introduction: Describe briefly about CBI.
Body: Mention the reasons for declining credibility and also suggest measures.
Conclusion: Summarize the topics and conclude with positive feedback.
Answer: The Central Bureau of Investigation (CBI) is the premier investigation agency and derives their power from Delhi Special Police Establishment Act, 1946.
Reasons for declining credibility in CBI:
- Corruption: Several charges of corruption and its employees have been charged with accepting bribes. For instance, in May 2022, CBI arrested its four officials on corruption charges.
- Political involvement: Political intervention and influence have harmed the integrity and independence of the CBI. For instance, concerns about political influence were raised in 2018 when CBI head Alok Verma was fired.
- Efficiency: Slow in wrapping its investigations and bringing charges. For instance, the inquiry into Augusta Wetland Fraud (2020) was condemned.
- Lack of resources: Lack of adequate housing discourages officers from states to join the CBI, which is facing a staff crunch, a parliamentary panel report stated in 2017.
- Lack of accountability: Lack of oversight procedures, and employees being charged for acting outside the bounds of the law. For instance, the way the investigation into Sushant Singh Rajput’s death in 2020.
Steps to be taken:
- Legal Framework: The Central government should tighten its laws. As an illustration, the Lokpal, and Lokayuktas Act, 2013 which created a separate anti-corruption authority, was passed.
- Non-intervention: The central government should refrain from the CBI’s investigations. The Supreme Court also asked the government to give the CBI additional autonomy in 2019.
- Process streamlining: To avoid delays, the CBI should be encouraged to streamline its investigation and prosecution procedures.
- Specialized training: To improve the skills and capabilities of CBI officials, the central government should offer them specialized training.
- Public confidence: The central government should endeavor to restore public confidence in the CBI by guaranteeing accountability and transparency. The CBI should regain its credibility to enhance its effectiveness in fighting crimes. This would lead to increased public confidence in the agency’s ability to bring the guilty to justice, deter others from engaging in corrupt activities and improve law and order.
06-04-2023
Q: Discuss the meaning of the adjectives “Sovereign, Socialist, Secular, Democratic, Republic” used in the Preamble of the Indian Constitution.
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Approach to the answer:
Introduction: Define preamble or give a brief background of preamble.
Body: Highlight the features of each value in brief, highlight qualitative points.
Conclusion: Summarizes the importance of preamble.
Answer: The Preamble of the Indian Constitution highlights the fundamental principles and values. It begins with the words “We, the people of India,” and proceeds to outline the nature of the Indian state as a “Sovereign, Socialist, Secular, Democratic, Republic.” Each of these words represents a key concept that has significant implications for the nature of the Indian state and the rights and freedoms of its citizens.
Meaning of adjectives attached to preamble:
- Sovereign: India is a sovereign nation, which means that it is free from external control and can govern itself without interference from other nations. It signifies that it has its own independent government and can make decisions on matters concerning its citizens without any external intervention. “Sovereign” signifies India’s independence and autonomy in domestic and international affairs.
- Socialist: India is a socialist country, which means that it seeks to promote social and economic equality among its citizens. The state has to work towards eliminating inequality and promoting the welfare of all its citizens. “Socialist” reflects India’s commitment to social justice and equitable distribution of resources.
- Secular: India is a secular country, which means that the state does not promote any religion and treats all religions equally. The Indian Constitution guarantees religious freedom to all its citizens and prohibits discrimination based on religion. “Secular” emphasizes the importance of religious freedom and equality before the law for all citizens.
- Democratic: The Indian Constitution provides for universal adult suffrage and ensures that all citizens have an equal voice in the government through free and fair elections. “Democratic” highlights India’s commitment to the democratic principles of popular sovereignty, freedom of expression, and participation in governance.
- Republic: India is a republic, which means that it has an elected head of state rather than a hereditary monarch. “Republic” signifies India’s commitment to a system of government that is based on elected representatives and the rule of law.
The adjectives attached to preamble represent the fundamental principles that guide India’s governance and provide a framework for promoting the welfare and equality of all its citizens. The Preamble serves as a guiding beacon, inspiring generations of Indians to strive towards a more perfect union.
05-04-2023
Q: The French Constitution provides for a semi-presidential system of government, while the Indian Constitution provides for a parliamentary system of government. Elaborate
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Approach to the answer:
Introduction: Write in brief about importance of constitution and how different values of constitution results into different structure of government.
Body: Highlight salient features of Semi-presidential system of France and Parliamentary system of India.
Conclusion: Summarizes the difference between both or else highlight how parliamentary system is better form of government.
Answer: The French Constitution and the Indian Constitution are two distinct documents that provides for democratic forms of government, they differ in their structures and systems of governance. These systems represent two distinct approaches to democratic governance, with varying balances of power between the executive and legislative branches.
Semi-Presidential System of France:
- In a semi-presidential system, the executive power is shared between the President and the Prime Minister.
- The President is the head of state and is elected by the people, while the Prime Minister is the head of government and is appointed by the President.
- The French Parliament consists of two houses – the National Assembly and the Senate. The National Assembly is directly elected by the people, while the Senate is indirectly elected and represents the regions of France.
- The President has some significant powers, such as the power to dissolve the National Assembly, while the Prime Minister has the power to govern the country and make decisions.
Parliamentary System of India: - In a parliamentary system, the executive power is vested in the hands of the Prime Minister and his/her Cabinet.
- The Prime Minister is the head of government and is appointed by the President or the ruling party.
- The President is the head of state and has a ceremonial role. President is elected by an electoral college consisting of elected members of both houses of Parliament and the state legislatures.
- The Prime Minister and the Cabinet are accountable to the Parliament, which is responsible for making laws and overseeing the work of the government.
The French system may offer more stability and continuity in times of crisis or political gridlock, while the Indian system may provide more opportunities for popular representation and consensus-building through coalition politics. Ultimately, the success of each system depends on a range of factors, including the political culture, economic conditions, and social dynamics of the respective countries.
04-04-2023
Q: The Indian Constitution is based on the principle of federalism. Highlight the salient features of the federal systemof government in India.
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Approach to the answer:
Introduction: Either define federalism or write about principle of federalism in Indian context.
Body: Highlight salient features of federal system of Government of India.
Conclusion: Summarizes with importance of federalism or else with contribution of federalism in India.
Answer: The Indian Constitution is based on the principle of federalism, which means the power to govern is divided
between the central government and state governments. The Constitution provides for a clear distribution of powers
under schedule 7 between the central government and the state governments, with each having its own set of
responsibilities and duties. This ensures a balance of power and helps maintain the integrity and unity of the country
while also promoting regional autonomy and diversity.
Salient features of Federal system of Government of India:
- Distribution of powers: The Indian Constitution provides for a clear distribution of powers between the central
government and state governments. The central government has exclusive powers in certain areas, such as
defense, foreign affairs, and currency, while the state governments have powers over subjects like health,
education, and agriculture. - Dual Government: The federal system of government in India is characterized by a dual government, with both
the central government and state governments functioning independently of each other. This allows for greater
autonomy and flexibility in decision-making, while also promoting regional diversity and cultural identity. - Written Constitution: The Indian Constitution is a written document that serves as the supreme law of the land.
It lays down the framework for the federal system of government and defines the powers and responsibilities of
the central government and state governments. - Bicameral Legislature: The Indian Parliament consists of two houses – the Rajya Sabha (Council of States) and
the Lok Sabha (House of the People). This bicameral legislature ensures that both the central government and
state governments have a voice in the legislative process. - Rigidity of constitution: Special procedures are needed for constitutions amendments. The Constitution is rigid
to the point where those provisions dealing with the federal structure (i.e., Centre-state relations and judicial
organization) can only be amended by joint action of the Central and state governments. - Independent Judiciary: The Indian Constitution provides for an independent judiciary, which is essential to
uphold the federal structure of the country. The Supreme Court has the power to interpret the Constitution and
resolve disputes between the central government and state governments.
The federal system of government in India is characterized by a clear distribution of powers, a written Constitution, a
bicameral legislature, an independent judiciary, a dual government, and financial autonomy for state governments.
These features ensure the efficient administration of the country while maintaining a balance of power between the
central government and state governments.
03-04-2023
Q: In the context of the recent commemoration of 50 years of Project Tiger in India, highlight the challenges encountered in the tiger conservation efforts and outline the steps taken to safeguard them in India.
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Approach to the answer:
Introduction: Write a brief introduction on either about GoI act 1935 or about Indian constitution.
Body: Highlight features borrowed from GoI act 1935.
Conclusion: Summarizes GoI act 1935’s contribution or conclude with new features that were relevant to India’s unique political context.
Answer: The Government of India Act, 1935 was a crucial legislation that defined the constitutional framework for governance in India during the British colonial period. This Act was instrumental in shaping the political, administrative, and constitutional structure of India. The Indian Constitution borrows heavily from the Act and incorporates several provisions from it.
Features borrowed from Government of India Act 1935:
- Federalism: The idea of federalism and federal structure was adopted from Government of India Act, 1935.
- Bicameralism: The GoI Act 1935, provided for a bicameral legislature consisting of the Council of States (Upper House) and the Legislative Assembly (Lower House).
- Governor: The GoI Act 1935, introduced the position of the Governor, who was appointed by the British Crown as the representative of the monarch. The Indian Constitution also has a Governor who is appointed by the President of India as the representative of the Union.
- Public Service Commissions: The Act established Public Service Commissions at the central and state levels to oversee the recruitment and selection of civil servants. The Indian Constitution also has provisions for the establishment of Public Service Commissions.
- Emergency Provisions: The GoI Act 1935 provided for emergency provisions that could be invoked in times of war or internal strife. The Indian Constitution also has emergency provisions that can be invoked in times of national emergency, internal emergency or financial emergency.
- Judiciary: The GoI Act 1935, established a federal court system, which was adopted by the Indian Constitution. The Supreme Court of India is the highest court in the country, with High Courts at the state level.
- Provincial Autonomy: The Act provided for limited autonomy to the provinces, which was incorporated into the Indian Constitution. The Constitution provides for the formation of state governments with their own legislative and executive powers.
The Government of India Act, 1935, served as a crucial template for the constitutional framework of modern India. The Act, which was enacted during the British colonial period, laid down several important principles of governance, including the concept of federalism, the structure of the legislative and executive branches of government, and the rights and responsibilities of citizens.