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. “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (250 words, UPSC CSE 2019 GS 2)
संविधान का संशोधन करने की संसद की शक्ति एक परिसीमित शक्ति है और इसे आत्यंतिक शक्ति के रूप में विस्तृत नहीं किया जा सकता है। इस कथन के आलोक में व्याख्या कीजिए कि क्या संसद संविधान के अनुच्छेद 368 के अंतर्गत अपनी संशोधन की शक्ति का विशदीकरण करके संविधान के मूल ढांचे को नष्ट कर सकती है?
2. Inter-state disparity has been increasing in the last few decades. Analyse the reasons and state some measures to reduce the disparity. (250 words)
अंतर-राज्यीय असमानता पिछले कुछ दशकों में बढ़ रही है। कारणों का विश्लेषण करें और असमानता को कम करने के लिए कुछ उपाय बताएं। (250 शब्द)
1. General remark: It is an easy question and can be written well even if you have just read Lamikanth (Chapter 11).
Intro: Define basic structure doctrine.
Def: Basic structure doctrine is a judicial innovation that inhibits the power of the parliament to amend certain parts of the constitution via article 368.
Body :Explain in brief how the the doctrine evolved and supreme stand that the parliament does not have absolute power to amend the constitution. State the importance of the basic feature doctrine and elements of basic structure.
Evolution: Shankari Prasad (1951) –> Golaknath(1967) –>Keshavanand Bharti (1973)
Importance of Basic structure:
• It puts limitation on the power of Parliament to amend constitution.
• It is a reflection of balance between rigidity and flexibility. There is huge flexibility for legislature to amend constitution, however there exists some parts which can never be
altered or diluted.
• It protects the interests of minorities and backward classes which can be under threat in case of majoritarian governments.
• It prevents concentration of powers in the hands of governments like it happened in case of Indira Gandhi during times of emergency which led to attempts to alter significant parts of constitution through 38th,39th and 42nd amendments.
Elements of basic structure:
The SC has not defined the basic structure, however laid down various elements that constitutes basic structure. For instance:
- Supremacy of the constitution, Sepration of power — Keshavananda Bharati
- Federalism, Secularism, Democracy– SR Bommai
- Rule of law — Mandal case
Some critics argue that basic structure is clear violation of separation of power and amounts to judicial overreach. However, in the contrary, in this age of populism and where the Indian democracy is still evolving basic structure is required in order to implement ‘rule of law’ rather than ‘rule of number’ and protect civil liberties of citizens.
2. The Economic Survey pointed out that while the health trends across states are converging, the income and consumption pattern shows a sharp divergence. The states in the southern and western part are relatively more developed than northern and eastern part.
Causes for such disparities:
1. Faulty planning process inherited from colonial rule in the post-independence era.
2. Post LPG reforms, the backward states have failed to attract more FDI leading to further increase in disparity.
- Lack of structural transformation has led to reliance on high skill intensive sectors which is unable to absorb people leaving agriculture which is more dominant in populous northern and eastern states.
- Difficult terrain surrounded by hills, rivers, and dense forests leads to increase in the cost of administration, cost of developmental projects. This leads to lack of durable infrastructure. Egs Hilly states.
- Regional imbalances arise due to locational advantages attached to some regions and the locational disadvantages attached to some other backward regions. e.g. coastal states have done well due to their developed ports and waterways for trade in comparison to the inland regions.
Some of the remedies to overcome such disparities are:
- More financial and political devolution to backward states.
- There should be more infrastructure development in backward states. Government should provide more tax concessions and subsidies for setting up industrial units in backward states.
- Corruption in the implementation of schemes should be checked through strict measures.
- Efforts should be made to develop agriculture in backward states by providing quality-seeds and fertilizers at subsidized measures. Promotion of cooperatives, food processing industries etc.
- Government should promote cottage and SSI in backward areas via SHGs.
The need of hour is effective implementation of government programs and good governance. The government move in promoting competitive and sub – competitive federalism is a move in the right direction.
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