UPSC Daily Answer writing practice GS-2 #53 (UPSC CSE 2019 GS-2)

The most important and most neglected part for Civil Services Preparation is answer writing. It is not about HOW MUCH YOU STUDY but CAN YOU WRITE within word limit and time frame. After UPPCS daily answer writing practice and  UKPCS DAILY ANSWER WRITING PRACTICE, ORACLE IAS comes out with new initiative UPSC DAILY ANSWER WRITING PRACTICE. 

1. From the resolution of contentious issues regarding distribution of legislative powers by the courts,’ Principle of Federal Supremacy’ and ‘Harmonious Construction’ have merged. Explain. (150 words) (UPSC CSE 2019, GS 2)

न्यायालयों के द्वारा विधायी शक्तियों के वितरण से संबंधित मुद्दों को सुलझाने से, परिसंघीय सर्वोच्चता का सिद्धांत और समरस अर्थान्वयन उभर कर आए हैं। स्पष्ट कीजिए।


2. What can France learn from India’s constitutional approach to secularism? (150 words) (UPSC CSE 2019, GS 2)

धर्मनिरपेक्षता को भारत के संविधान के उपागम से फ्रांस क्या सीख सकता है?


(This was a difficult one. The question is influenced  by the SC verdict on: Delhi government v/s union of India)

1. Operative word : Explain.
Approach
Intro :
Give a brief Intro about the principle of division of powers in schedule 7(seven). Focus on concurrent list where major contentious issues arise e.g. in CBI vs Police{Bengal}, LG vs Delhi govt., LG vs Puducherry govt etc.


Body: Explain the Principle of Federal Supremacy and Harmonious construction with relevant judgments.


Harmonious construction:

According to this principle, the provision of a statute should not be interpreted in isolation but as a whole in order to remove any inconsistency or repugnance.
The SC has laid down the following guidelines:
I. The courts must construe the contradictory provisions so as to harmonize them.
II. When it is impossible to completely reconcile the differences in contradictory provisions, the courts must interpret them in such as way so that effect is given to both the provisions as much as possible.
III. Courts must also keep in mind that interpretation that reduces one provision to a useless number or dead is not
harmonious construction.


Federal Supremacy:

Indian constitution says in case of conflict between the union and state law, union law prevails, but this may make federalism just a word without substance if doctrine is  overused (the union laws come into conflict more often.)


Conclusion: By example of judgement of SC in LG vs Delhi issue, one can write a good conclusion.

In the Delhi government v/s union of India the SC used the above doctrines where it upheld the power of the union in case of certain issues (federal supremacy) and pronounced that the LG is bound by the advice of the council of ministers barring police, public order and land (harmonious construction).

 


2. Intro: How is Indian secularism different from French secularism?

Secularism defines the relationship between the state and religion. French secularism promotes the french way of life. It disallows wearing of religious symbols in public institutions and promotes/allows open criticism of religion( egs. Charlie Hebdo). Moreover, the church still exerts influence on state working indirectly. 

Indian secularism promotes sarva dharma samana bhava where the state does not have any religion but promotes/supports all religion equally. The constitution provides fundamental right to individual/community to promote there religion.


Body:
Issues in French version:
banning of Islamic clothing, kosher or halal meals and “burkinis” in France
the backlash against migrants
Europe has not yet found a middle way between secularism and state religion that combines national and religious
identity, and where ethnic and religious minority groups can co-exist within a state’s institutions. Thus, multiculturalism as a state policy has failed as it has not led to assimilation of the minorities into main stream.


India’s experience:
in India the state is equidistant from religious matters but at the same time accepts symbolic display of religion that is essential part of individual’s/community identity.
Fundamental rights to religious minorities – mention article 29, 30,
Fundamental rights to religious minorities – Article 25-28

India is a nation within a nation where unity in diversity has been successfully practiced. One can be Indian at the same time carry his/her other identities.


Conclusion :
The success of Indian secularism can be gauged by the fact that French( Europe) has attracted more Muslims to the ISIS ideology whereas Indian Muslims , more or less, have stayed away from it. One of the reasons is that India give space to legitimate religious aspirations of minorities.

UPSC Daily Answer writing practice


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