GENERAL STUDIES PAPER-2_1

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1 GENERAL STUDIES PAPER-2_1 GOVERNANCE, CONSTITUTION AND POLITY OF INDIA Q1) Democracy is not a mirror held up to society but a hammer with which to shape it then only fraternity can be made; as declared by the Constituent Assembly; the most important ingredient of democracy. Elaborate the statement by giving relevant cases and examples. Meaning of Democracy and Fraternity The difference between Them and US Sympathy vs. Empathy Role of a leader and his subsequent election by the people Accepting Given generates sympathy and is against fraternity and changing or reshaping the Given generates Empathy and consistent with Fraternity. That is why it is said, The democrats who is driven by concerns of fraternity must necessarily have an artist s temperament. Only an artist will have the temerity to contradict the given even while everybody else bows to it. Dr. BR Ambedkar argued that without fraternity, neither equality nor liberty would amount to much and roots of democracy will be shallow if not supported by the spirits of fraternity. Q2) Discuss the genesis of fouling up of relations between the Centre and states. And the mechanisms ostensibly set up to improve the relations and help in facilitating consultations and better coordination have ended up doing the opposite. Comment. The general erosion of values in public life and the crisis of character. Extra-ordinary powers were conceded to the Centre for dismissing State Governments and State assemblies, or for imposing emergency, or for resorting to preventive detention only on the strength of similar sentiments. The fact of one-party dominance of Central and State Governments in the decades following independence was responsible for introducing distortions in the working of the Constitutional system. Role of Governors is also responsible for the fouling up of relations. The suspicion that the Centre had little regard for the susceptibilities of the States was also the outgrowth of several commissions and omissions of the parties in power at the Centre in the years since Independence. Discuss the role of Planning Commission, National Development Council, National Integration Council, Finance Commission. It took forty years for setting up the Inter-State Council. The role of The President. Q3) There is no gain saying the fact that the post-constitution era has witnessed a gradual erosion of values we cherished and fought for and what we stood for. Comment. In ancient India, it was Dharma which governed our social and political institutions. Concept of democracy vis-à-vis Nationalism The Leadership crisis Personality cult Political and Economic powers were granted simultaneously. Slow process of educational reforms which is more focussed on quantity less on quality Mass illiteracy and unawareness among the people. Q4) Stability in any system is an essential prerequisite for accountability. There cannot be accountability unless there is stability. Hence, the two are complementary to each other and it cannot be said that stability in a political system is opposed to accountability of the institutional structures. Discuss in the light of the tenure of the Parliament and states legislatures. What is stability? Harold Lasky defines a nation as a people who feel that they are a nation. So feeling of belonging to a distinct nation is prerequisite for the formation of a nation. When we talk of stability, what is of foremost importance is the concept of nationhood. There is a need to ensure that the nationhood gets strengthened at the national level, and at the same time there is a need to take a fresh look of State reorganisation. If the fact is Parliament has become a weak instrument then we need to look at the working of political parties, civil societies and the institutions as a whole. So far as the question of accountability is concerned, the purpose of a Government first foremost is to be accountable to the people of India. It should create conditions and opportunities for individual citizens of the society to have full scope to develop and achieve excellence in the field of his own choice. Though we adopted some good principles we have not followed the essence of these principles. The only parameter for judging accountability is by results. To build a great India, a big India, a proud India, our approach has to be holistic. The political system, economic system, the entire social system, has to be looked at as a totality. The tenure of our legislature has nothing to do with accountability. 1

2 Q5) Bring out the Ethical Dilemmas with regards to the changing role of Public Administrators and discuss the issues confronting problem-solving and decisionmaking. Ethical dilemmas: What favours are acceptable without being considered discourteous and rude?, Is a Public servant only a public servant during office hours?, Should the public servants interpret policies and programmes according to their individual perceptions of right and wrong?, What should the public servants do if their personal honesty and integrity appear to be out of place in their work environment?, Should every kind of favour extended to a friend or relative be considered unethical?, What if the public servants are forced to indulge in unethical behaviour because of stringent rules and procedures of the organisations? And sometimes political pressures, legal guidelines, tight deadlines, media exposure and expectations of the people who are directly affected by the policies force the administrators to overlook ethical norms then what? Decision-making is a complex task even in a more or less conducive atmosphere. Administrators are faced with new problems and situations every now and then, some of them being routine while others are non-routine. The non-routine situations require designing of effective alternatives and divergent problem-solving so that administrators responsible for making public choices are able to design as many answers as they can. The pattern of problem solving also varies from a reactive to a proactive orientation. In an organisation that is stable and predictable, administrators can afford to be reactive, but in conflict situations, they have to be proactive because in such situations, anticipation of future tasks and creation of viable alternatives become essential. As our perceptions influence the process of defining a problem and its content in reality, we also have to think about ways of solving the problem. Our approaches to problem-solving are also related to our values. These values may be explicit or implicit. These values are: The Country s constitution, legal norms, organisational rules, ruling party s pressures, caste and family obligations, public interest, exposure to press and time constraints at the time of making policies/decisions. Cultural values are also important. Q6) Preamble walks with the constitution and not before the constitution in India. Discuss. Introduction Start with the importance of preamble. This is the statement of Supreme Court in Keshavnanda bharti case to signify that Preamble is the part of Indian constitution. Discuss the role of preamble in the development of democracy. Introduce the central issue highlighting the episodes of disturbances which have not been solved with the virtue of preamble creating a doubt on its efficiency. 2 Example: Preamble walks with constitution Makes Constitution a dynamic and organic document: Preamble part of constitution. Hence it allows to amend preamble and respond to dynamics needs of governance and democracy Challenging views (Preamble unable to walk with the needs of Democratic society) Preamble is not justifiable in court of law. Shaping democratic Unable to solve the values: The word problem of pale socialist, secular and secularism and pseudo integrity was added secularism in India which enriched democratic values. Shaping Principled Relevancy of socialist secularism : Defined role in core functions. the scope of religious behaviour of state on the and neo liberal role of Government. basis of principled values depending on merit of the case Helps in shaping of Rising linguistic policies: The New HELP barriers questioning policy uses preamble integrity and article 14 to give equal opportunity to public and private companies in oil and gas sector. Helps in shaping Laws: Lack of social justice Sec 123 of RP Act and atrocities Sec 8(4) of RP Act commited against made unconstitutional Sec 66A of IT ACT Sc/ST. Issues of Naxalism, made unconstitutional separatism Sec 499 of IPC made constitutional Helps in shaping Rising corruption and public, protests and scam. Movements Helps in shaping Role of Preamble in creative democracy : ensuring empowernment and inclusive growth. Discuss the overall role of preamble in the development of democracy Discuss the neo Darwinian rule: Survival of fastest Discuss the expectation of preamble: Preamble walks with the constitution but the need of the hour is that it should run with the process of development to ensure inclusive growth and Justice. Q7) Compare and contrast the Impeachment process of the President of India with that of the President of USA. It appears that the concept of impeachment of the President has been borrowed by the founding

3 fathers from the Constitution of the United States of America. According to Article II, Section 4 of the United States Constitution, the President can be removed from his office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours. According to Article I, section 3, all impeachments are tried solely by the Senate and when the President is being impeached, the Chief Justice of the United Stats Supreme Court is to preside. Concurrence of twothirds of the members present is required to impeach the President of the USA. So far as the impeachment proceeding against the President is concerned, there are areas of difference in the process followed in USA and India, which can be noted as follows: 1. The President of India can be impeached only for violation of the Constitution and not for any criminal offence. 2. The impeachment proceedings against the President of India can be initiated by any House of the Parliament and can also be tried by any one of them and there is no requirement of trial by the upper House of Parliament as is the provision in the United States where only the Senate has this power. 3. In our country, there is no provision for the Chief Justice of the Supreme Court to preside over the sittings of the House when the charge against the President of India is being investigated as it is in the United States of America. 4. For conviction in USA. Votes of two-thirds members of the Senate present and voting are needed. Whereas in our country, voted of at least two-third of the total membership of the House is required. Therefore, in our country, conviction on impeachment is more difficult. Q8) Citizen activism, public vigilance, informed public opinion, a free media, and a multiplicity of social associations, are a vital precondition for democracy yet it cannot replace and place for the Political society. Discuss in this context the limits of civil society interventions. In India, the decline of all institutions and particularly of the institutions of representative democracy gave rise to several mass-based political movements and grassroots activism. This shift from political to civil society organisations can be seen as welcome for at least two reasons. For one, decentred and multiple civil society organisations promise an exit from centrallycontrolled bureaucratic, hierarchical, and oligarchic party structures that are mainly preoccupied with winning the next election. Secondly, it is possible that a multiplicity of agents in civil society are able to respond immediately to problems and issues that require swift resolution, because they are in touch with their constituencies. Consequently NGOs have been promoted by international development institutions, the World Bank, and donor agencies because they are seen to possess certain desirable properties, such as flexibility, innovativeness and proximity on the one hand, and as possessing the capacity to deepen democracy on the other because they raise issues of livelihood and right. It 3 is only a vibrant civil society that can prevent the political elite from lapsing on its commitments and responsibilities but still they cannot replace the political society and provide an alternative because it lacks the power, the responsibility, and the accountability of the state. There are limits of civil society interventions: The civil society agents are just not in a position to summon up the kind of resources that are required to emancipate Indian citizens from poverty and deprivation. They can hardly implement schemes of redistributive justice that involve transferring of resources from the better to the worse-off sections of society. They cannot establish and strengthen institutions that will implement social policy. They can lobby for and mobilise people for social and economic rights but ultimately the realisation of these rights depends largely upon the structures of governance. Civil society agents are neither in the business of making policy, nor in the business of implementing these policies; they are in the business of creating, fostering, nurturing, reproducing informed public opinion that can be brought to bear upon the making and implementation of policy. The civil society has to keep watch on the implementation of policy. Q9) What is understood by Green Governance? Discuss the role of Judiciary towards Green Governance in India. Environmental issues and steps to tackle it Concept of sustainable development: Ecological sustainability, Social justice and Inter-Generation Equity and Justice The Earth Summit National Green Tribunal Public Interest Litigation in Environmental cases. Discuss MC Mehta case Paris agreement The conflict between Growth and Development The conflict between Environmental concerns and Development Q10) The concept of public participation is the cornerstone of democracy. In the light of said statement discuss the various dimensions of public participation as a way forward to good governance. Participation envisages a system within which the people as members of the community participate in the determination of the policy for the community as a whole. Any meaningful discussion on democracy inevitable involves the concept of citizen participation, which is an integral part of healthy democratic culture. Participation is a voluntary process through which people, including the disadvantaged categories influence or control the decisions that affect them. It ensures identification of the basic needs and designing appropriate strategies to suit their specific requirements.

4 In modern times, democracy operates on the principle of indirect participation through representative institutions. Active participation of the citizenry acts as a bulwark against the vested interests of a few and prevents the tendencies of totalitarianism from gaining strength. It ensures transparency in decision-making process. Dimensions: Administrative Participation, Political Participation and Social Participation. People s Participation as a way forward to Good Governance: at Parliament level, at State Legislature level, at the level of Urban Local Governance and at the level of Rural local Governance. Q11) Discuss the scope of holding simultaneous elections to Lok Sabha and state assembly. Need for holding simultaneous elections: It should be noted that the holding of simultaneous elections to Lok Sabha and state assemblies would reduce: the massive expenditure that is currently incurred for the conduct of separate elections; the policy paralysis that results from the imposition of the Model Code of Conduct during election time; and impact on delivery of essential services and burden on crucial manpower that is deployed during election time; (Scope of Holding Election) Scope no. 1 Recommendations of the Law Commission: The standing Committee referred to the recommendations of the Law Commission of India, which had suggested that elections of legislative assemblies whose term ends six months after the general elections to Lok Sabha can be clubbed together. However, the results of such elections can be declared at the end of the assembly s tenure. Scope no. 2 Conditions for holding early elections: a) The Representation of People Act, 1951 permits the Q13) The effective Administration rests on Election Commission to notify general elections six Ordinance Route rather Than Ordinance Raj. months prior to the end of the terms of Lok Sabha Discuss and state assemblies. b) The Standing Committee recommended that in order to hold early elections to Lok Sabha and Discuss the need of Ordinance for effective state legislative assemblies, one of two conditions administration. must be met: Discuss the constitutional scheme of Article 123. (i) A motion for an early general election must be Highlight the issue of Misuse of Ordinances in the agreed to by at least two-thirds of all members of history and recently. the House; or Key debates relating to the Ordinance making (ii) A no confidence motion must be passed by the powers of the Executive House, and with no alternative government being Issue of Repromugulation of Ordinances confirmed within 14 days of passing a confidence Issue of Colorable Ordinances motion. Issue of Judicial review Constitutionally, Scope no. 3 Holding of elections in two phases: important issues that have been raised include The Committee recommended that elections could judicial review of the Ordinance making powers of be held in two phases. It stated that elections to the executive; some Legislative Assemblies could be held during Issue of necessity for immediate action while the midterm of Lok Sabha. Elections to the promulgating an Ordinance; remaining legislative assemblies could be held with Issue of Seperation of Power: and the granting of the end of Lok Sabha s term. Ordinance making powers to the executive, given Scope no. 3: Schedule of next cycle of the principle of separation of powers. elections: The standing Committee suggested that 4 the proposed first phase of assembly elections could be held in November, Elections to all state assemblies whose terms end within six months to one year before or after the appointed election date can be clubbed together. Similarly, the second phase of elections can be held in 2019 with the General Elections to Lok Sabha. Scope no. 4 Schedule of Bye-elections: The Committee also recommended that bye-elections to all seats that become vacant during a year may be conducted together during a pre-determined time period. Scope no. 5 Anti defection law and President s power to proclaim emergency: The anti defection law has strengthened the term of elections as it has controlled defections The SR Bommai guideline has restricted the Governor not to dissolve assemblies before ratification of resolution under 356. Challenges of Scope: Frequent use of Article 356 Frequent use of No confidence motion. Use of Article 352. Burden of Election Commission and heavy requirement of fiscal, human, and material resources. Discuss the role of consensus building of Center and state on the feasibility of holding simultaneous elections. Discuss the international model in this regard. (German model) and possible benefits that can be reaped in future. Q12) What is meant by Uniform Civil Code? Does it talk about a Common law? Can this be implemented by enacting a law by parliament? Definition of Civil matters such as marriages, divorce, maintenance, inheritance etc. Code vs. Law Uniform vs. Common Definition of State as given under Part-III of Indian Constitution.

5 Issue of Ordinance Route Vs Issue of Ordinance Raj: Ordinance Raj: Frequent use of ordinances to byeopass parliament in the light of infrequent disturbances. Ordinance Route: Infrequent use of Ordinaces in the light of frequent disturbances. Table 1 provides a brief historical overview of the manner in which the debate on the Ordinance making powers of the executive has evolved in India post independence. Table 1: Key debates on the President s Ordinance making power Year Legislative Key arguments development 1970 RC Cooper vs. In RC Cooper vs. Union of India (1970) the Supreme Court, while examining the Union of India constitutionality of the Banking Companies (Acquisition of Undertakings) Ordinance, 1969 which sought to nationalise 14 of India s largest commercial banks, held that the President s decision could be challenged on the grounds that immediate action was not required; and the Ordinance had been passed primarily to by-pass debate and discussion in the legislature th Constitutional Amendment Act th Constitutional Amendment Act 1980 AK Roy vs. Union of India 1985 T Venkata Reddy vs. State of Andhra Pradesh 1987 DC Wadhwa vs. State of Bihar Innovative solution: a) Test of Pith and substance: Parliamentary committee should submit the report related to the ground on which it was rejected. Ordinance cant be issued for a rejected bill until and unless the new ordinance makes a substantial change in the Ordinance related to the ground on which it was rejected. b) Test of Colorable Ordinances: Ordinances cant be colored to do anything illegal which it is not alloed to do directly. c) Submission of report to Supreme court By Attorney General: Attorney general should submit a report on every ordinances justifying why it was necessary and how it is not unconstitutional. Ordinance Raj: is fraud on constitution 5 Inserted a new clause (4) in Article 123 stating that the President s satisfaction while promulgating an Ordinance was final and could not be questioned in any court on any ground. Deleted clause (4) inserted by the 38 th CAA and therefore reopened the possibility for the judicial review of the President s decision to promulgate an Ordinance. In AK Roy vs. Union of India (1982) while examining the constitutionality of the National Security Ordinance, 1980, which sought to provide for preventive detention in certain cases, the Court argued that the President s Ordinance making power is not beyond the scope of judicial review. However, it did not explore the issue further as there was insufficient evidence before it and the Ordinance was replaced by an Act. It also pointed out the need to exercise judicial review over the President s decision only when there were substantial grounds to challenge the decision, and not at every casual and passing challenge. In T Venkata Reddy vs. State of Andhra Pradesh (1985), while deliberating on the promulgation of the Andhra Pradesh Abolition of Posts of Part-time Village Officers Ordinance, 1984 which abolished certain village level posts, the Court reiterated that the Ordinance making power of the President and the Governor was a legislative power, comparable to the legislative power of the Parliament and state legislatures respectively. This implies that the motives behind the exercise of this power cannot be questioned, just as is the case with legislation by the Parliament and state legislatures. It was argued in DC Wadhwa vs. State of Bihar (1987) the legislative power of the executive to promulgate Ordinances is to be used in exceptional circumstances and not as a substitute for the law making power of the legislature. Here, the court was examining a case where a state government (under the authority of the Governor) continued to re-promulgate ordinances, that is, it repeatedly issued new Ordinances to replace the old ones, instead of laying them before the state legislature. A total of 259 Ordinances were re-promulgated, some of them for as long as 14 years. The Supreme Court argued that if Ordinance making was made a usual practice, creating an Ordinance raj the courts could strike down re-promulgated Ordinances. Ordinance Route : virtue of good governance Need to take necessary steps to curb the menance of Ordinance Raj within the ambits of constitution. Q14) Discuss the recent issues certification of Money Bill and suggest some measures to give a constitutional solution. Introduce the Importance of Money Bill in the administration of country. Discuss the constitutional scheme why Lok Sabha has special powers over Money Bill. Highlight the recent issue of Aadhar bill and Finance Bill 2017 which was introduced as Money bill where the conflicting views consider it as Finance Bill.

6 : Discuss the concept of Money Bill: Concept of Exclusiveness and Incidentality: Article 110(1) of the Constitution identifies a bill as a money bill if it contains only provisions dealing with the following matters, or those incidental to them: imposition and regulation of any tax, financial obligations undertaken by Indian Government, payment into or withdrawal from the Consolidated Fund of India (CFI) or Contingent Fund of India, appropriation of money and expenditure charged on the CFI or receipt, and custody, issue or audit of money into CFI or public account of India. Discuss the central issue : Of Aadhar Bill or Other Money Bills a) It is neither exclusive to Article 110 or CFI b) Some provisions are neither exclusive to CFI nor Incidental to CFI. c) Finality of decision of speaker in certifying Money Bill d) Immunity of Parliamentary proceedings From Judicial review : Challenging viewpoints against the practice of passing Money Bills in India. a) Difference in UK model and Indian Model of Money Bill: The constitution of India borrows the idea of providing the speaker with the authority to certify a bill as money bill from British law, but operationalises it differently. In the UK, though the speaker s certificate on a money bill is conclusive for all purposes under section 3 of the Parliament Act 1911, the speaker is required to consult two senior members, usually one from either side of the house, appointed by the committee from amongst those senior MPs who chair general committees. In India, the speaker makes the decision on her own. b) Tenous link between CFI and Incidental provisions: However, the link of the Act with the Consolidated Fund of India is rather tenuous, since it depends on the Union or state governments declaring a certain subsidy to be available upon verification of the Aadhaar number. The objectives and validity of the Act would not actually change if the Aadhaar number no longer was directly connected to the delivery of services. The use of the word if in section 7 explicitly leaves scope for a situation where the government does not declare an Aadhaar verification as necessary for accessing a subsidy. In such a scenario, the Act will still be valid but without any formal connection with any charges on the Consolidated Fund of India. c) Scope of Limited Judicial review On grounds of Procedural irregulairity: In the crucial judgment of Raja Ram Pal vs Hon ble Speaker, Lok Sabha and Others (2007), the court evaluated the scope of judicial review and observed that although parliament is supreme, unlike Britain, proceedings which are found to suffer from substantive illegality or unconstitutionality, cannot be held protected from judicial scrutiny by article 122, as opposed to mere irregularity. Deciding upon the scope for judicial intervention in respect of exercise of power by the speaker Kihoto Hollohan vs Zachillhu & Ors. (1992), the Supreme Court held that though the speaker of 6 the house holds a pivotal position in a parliamentary democracy, the decision of the speaker (while adjudicating on disputed disqualification) is subject to judicial review that may look into the correctness of the decision. In Ramdas Athawale vs Union of India (2010), the case of Keshav Singh vs Speaker, Legislative Assembly (1964) was referred to, in which the judges had unequivocally upheld the judiciary s power to scrutinise the actions of the speaker and the houses. It was observed that if the parliamentary procedure is illegal and unconstitutional, it would be open to scrutiny in a court of law and could be a ground for interference by courts under Article 32, though the immunity from judicial interference under this article is confined to matters of irregularity of procedure. Mohd. Saeed Siddiqui vs State of Uttar Pradesh (2014) Yogendra Kumar Jaiswal vs State of Bihar (2016). b) National implications demand public deliberation As the provisions of the Aadhaar Act have far reaching implications for the fundamental and constitutional rights of Indian citizens. Evidently, the substantial implications of the Aadhaar Act for national security and fundamental rights of citizens, primarily privacy and data security, make it imperative to conduct a duly balanced public deliberation process, both within and outside the houses of parliament, before enacting such a legislation. c) Innovative solution: OR Non Mathematical interpretation of Article 110 and need of Evolving and creative administration : Doctrine of Pith and substance: If the fundamental provisons deals with the Fiscal wisdom of CFI then it should be treated as Money Bill despite the fact that some of the provisions are related with CFI. This relaxation should be provided because in the light of good governance and evolving need of administration the requirements of article 110 cant be met mathematically. Q15) In India, Coalition politics was paved by cultural diversity but sustained by cultural animosity. Do you agree? Substantiate your position. a) Discuss the evolution of Coaliation politics in India. b) Discuss the virtue of coalition politics c) Highlight the issues of coalition politics Body of answer Benefits of Coliation politics a) representative democracy b) Virtue of cultural diversity c) Unity in diversity d) Formation of states on basis of language. e) Virtue of Vth schedule and sixth schedule f) Success of Zonal councils Challenges a) Linguistic barriers b) Inter state River issues c) Issues of Planning commission. d) Federal issues

7 e) Issues of Centrally sponsored schemes f) Issues of tax distribution g) Issues of Gadgil Mukherjee formula h) Issues of FDI distribution i) Issues of Public account of India j) Issues of Plan expenditure k) Issues of Regional development. Conclusion a) Need for balance between cultural competitiveness and cultural harmony b) Need to balance cultural animosity. Q16) Judicial activism should be based on Executive and legislative inactivism. Discuss Discuss the evolution of Judicial Activism with special linkage to Habeus corpus case. Discuss the scope of Judicial Activism under different provision of Constitution. Discuss the issue of Judicial activism and Judicial Intervention. Scope and Need of Judicial activism a) Inactiveness of executive and Legislature to implement DPSP, Fundamental Rights and Fundamental duties and Preamble. b) Discuss the Scope of Article 139 and Article 142 focussing on Judicial activism c) Discuss the Executive and Legislature role to ensure Rule of Law d) Discuss the Judiciary role to upkeep Rule of justice. Concerns of Judicial Activism a) Lack of Constitutional basis. b) Issue of Seperation of Power c) Rule of Parity and Not Rule of Superiority among the organs of state. d) Supreme court: Final Court and Not infalliable court. e) Lack of public support and activism. f) Frequent review of Supreme court decision on pretect of Activism a) harmony between different organs b) Tacit understanding of Practical difficulties in the implementation of Administration c) Judicial Activism: Moral counselling rather than Directions in certain grey areas where there is lack of constitutional understanding or practical difficulties. Q17) Discuss the success, challenges and limit of Fifth schedule in the light of Gorkhalnad issue. How such challenges can be resolved in future? Introduction a) Discuss the need for Vth schedule b) Discuss the constitutional scheme of Right to self determination c) Discuss the spirit of self governance and customary governance d) Discuss the unresolved issues in no. of cases. Advantages of fifth schedule a) Importance of tribal advisory council b) Discuss the separate role of Governor c) Discuss the scope of Semi autonomous councils 7 d) Discuss the scope of State and Central laws e) Discuss the scope of customary and self governance Challenges Discuss the limitations Discuss the limited powers of Vth Schedule. Discuss the conflict of Role with respect to governor while administration Vth Schedule area. Discuss the Eligibility condition of Vth schedule. Tribal advisory council _ an advisory and non elected body. It is not fully autonomous. No separate judicial powers. Lack of cultural independence Conclusion a) Hybrid solution : to give more powers to Fith schedule b) Constitutional solution: To amend constitution. c) Restrict the intervention of State government. Q18) Discuss the three-language formula and its challenges in resolving the linguistic issues in different parts of India. Also discuss the constitutional scope in resolving the linguistic debates. Introduction Discuss the introduction of Three language Formula Three language Formula Mother-tongue or the regional language, The official language of the Union or the associate official language (this means either Hindi or English), and Any modern Indian or European language other than that used as the medium of instruction. Central Problem All the States, except Puducherry, Tamil Nadu and Tripura, have implemented the Three- Language formula and three languages viz. Hindi, English and State official language are taught in the schools of these States. Hindi is not taught in the States of Tamil Nadu, Tripura and Puducherry, In many States, it has been adopted as 3+/-1 formula, and for the speaker of (linguistic) minority languages it has become a four-language formula as they have to learn their mother tongue, the dominant regional language, English and Hindi. In many of the Hindi speaking States Sanskrit became the third language instead of any modern regional language (preferably South Indian language), whereas the non-hindi speaking State like Tamil Nadu operates through a two-language formula (Tamil and English), said Mr. Rijiju. Some boards/institutions permit even foreign languages such as Spanish, French and German in place of Hindi or Sanskrit. Only some States accepted the three-language formula in principle while others made some adjustments and changes to an extent that it became impossible to implement it, Listing the reasons for ineffective implementation, Mr. Rijiju said southern States like Puducherry and Tamil Nadu besides Tripura were not ready to teach Hindi and Hindi-speaking States did not

8 include any South Indian language in their school curriculum. Among the other causes are the fear of heavy language load in the school curriculum; all the languages are not being taught compulsorily at the secondary stage; duration for compulsory study of three languages varies; and the States, most often, do not have adequate resources for provision of additional language teachers and teachinglearning materials. The Three-Language Formula was devised in the Chief Ministers conferences in It was recommended by the 1968 policy under which the first language to be studied must be the mother tongue or the regional language; the second one in Hindi-speaking States would be some other modern Indian language or English, and in non- Hindi speaking States it would be Hindi or English. The third language in Hindi-speaking States would be English or a modern Indian language not studied as the second language, and in non-hindi speaking States, it would be English or a modern Indian language not studied as the second language. Some suggestions are offered below for overcoming the difficulties in the implementation of the formula: Teachers proficient in two or three languages needed Teachers with bilingual knowledge are urgently needed if students with one regional language are to be taught a language different from it. If three language formula is successful in Europe, it is because there are Allowance may be given to the teachers for teaching an additional language. Teaching Language instead of literature There is still another way to implement the formula, if we decide to teach them from the point of view of teaching the language instead of its literature. Our aim may be to make the pupils pick up a fair working knowledge of these languages rather than to teach them their rich literature Q19) Discuss the objective of recent notification of Ministry of Environment prohibiting trade of cattle and other animals meant for slaughter and also its impact. Discuss the background of culture of animal slaughter in India and neighbouring countries on religious grounds. Discuss the issue of smuggling of cattles in neighbourhood countries. Discuss the background of PIL filed in this regard in Supreme Court in Discuss the Supreme Court direction to Government to prohibit smuggling of Cattles. Justification of Notification a) To prohibit smuggling in neighbourhood countries. b) Ban is only at market place c) Animal sacrifice is not the essential part of any religious philosophy. d) The purpose is to restrict the commercialisation of animal sacrifice and smuggling of cattles. e) The ban will protect public health as overuse of Non vegetarian is not good for health. f) For the purpose of Prevention of Cruelty towards animals Challenging Views: Allahabad High court : people have Right to food Madras High court : Ban on sale of cattles not correct Minority and some other sections of Population see it as a communal order. Domination of Dominant Culture : Right to sale cattles a fundamental right of Occupation ; Balance between Right to Food and Right to Health. Balance between Right to occupation and Duty to protect animals and environment Q20) What is houseless household? And also discuss its role in the implementation of Welfare schemes. Houseless Households- Households who do not live in buildings or census houses but live in the open on roadside, pavements, in Hume pipes, under flyovers and staircases, or in the open in places of worship, mandaps, railway platforms, etc. are treated as Houseless households. Implications: 1) Government s policy to provide shelter is more easily permeable in rural areas than in cities. 2) The cities lack infrastructure to support the growing trends of migration. 3) Failure of revenue from agriculture has led to more migration towards cities. 4) This growing population in cities suffer atrocities from state forces. Anti-Begging Act doesn t differentiate between beggars and homeless destitute, and gives the police discretionary powers to haul them. 5) The government is lacking far behind its aim to eradicate homelessness by Way Ahead: 1) The grassroot panchayats in villages should advice against migration if stable resources are not available in cities. 2) The economically rich civil society should help the destitute with home and employment. Shelter is a basic need for life. 3) Center s draft bill: Prevention in Destitution (Protection care and intervention) Model Bill might help this population if properly implemented. 8