UPSC MAINS GS PAPER 2 2024 : MODEL ANSWER

1.Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation – one election” principle. (Answer in 150 words)  UPSC Mains 2024

One Nation, One Election” is a proposed electoral reform in India aimed at synchronizing the elections for the Lok Sabha (the lower house of Parliament) and all State Legislative Assemblies, so that they are held simultaneously.

Need for Electoral Reforms in India

1. Frequent Elections: India has a complex electoral system where elections are held at multiple levels (central, state, and local). This leads to frequent elections, resulting in high costs, administrative challenges, and disruptions to governance.
2. Political Stability: Frequent elections can lead to instability in governance, as elected representatives may focus more on campaigning rather than governance. Simultaneous elections could help provide stability and continuity.
3. Voter Fatigue: The frequent electoral cycles can lead to voter apathy and fatigue, reducing voter turnout and engagement in the democratic process.
4. Administrative Efficiency: Conducting elections simultaneously can optimize the use of resources, both financial and human, and streamline the electoral process.
5. Reducing Corruption: Frequent elections can sometimes lead to increased corruption, as political parties may engage in unethical practices to secure funding for continuous campaigning.

Suggestions by Various Committees

1. Law Commission of India:
   • The 255th Report of the Law Commission (2015) recommended the concept of simultaneous elections as a means to enhance the efficiency of governance and reduce the burden of frequent elections on the administration and exchequer.
2. Election Commission of India:
   • The Election Commission has expressed support for the “One Nation, One Election” concept, advocating for the legal and constitutional changes necessary to facilitate this reform.
3. Constitutional Review Commission:
   • The commission suggested amendments to the Constitution to allow for simultaneous elections, emphasizing the need for a comprehensive approach to reform the electoral process.
4. NITI Aayog:
   • NITI Aayog has proposed the need for simultaneous elections as a way to enhance governance and suggested that it could lead to better allocation of resources and management of public funds.

Issues and Challenges

1. Constitutional Amendments:
   • Implementing simultaneous elections would require significant constitutional amendments, which can be a complex and lengthy process involving political consensus.
2. Diverse Political Landscape:
   • India’s political landscape is diverse, with regional parties playing crucial roles. Holding simultaneous elections may disadvantage smaller regional parties and create an imbalance in political representation.
3. Administrative Hurdles:
   • The logistics of conducting simultaneous elections across the country, including coordinating with state election commissions, could present significant administrative challenges.
4. Voter Awareness and Engagement:
   • There is a risk that voters may not engage with all candidates and parties on the ballot, leading to uninformed voting. A robust voter education campaign would be essential.
5. Impact on Local Governance:
   • Local elections are crucial for addressing grassroots issues. Holding simultaneous elections could overshadow local issues, as national and state-level narratives may dominate the political discourse.
6. Political Resistance:
   • Different political parties may have divergent views on the feasibility of the “One Nation, One Election” principle. Resistance from parties benefiting from the current electoral cycle may hinder reform efforts.
7. Timing and Synchronization:
   • Synchronizing elections across different states that may have different electoral cycles poses a logistical challenge, especially if there are varying tenures for state assemblies.

Conclusion:

Thus ,  there is need of  clear legislative measures, strengthening electoral institutions, and ongoing engagement with citizens to foster support for this reform. By addressing the concerns of various political entities and implementing a robust framework for execution, India can take meaningful strides towards realizing the vision of One Nation, One Election, ultimately strengthening its democratic process.

2. Explain and distinguish between Lok Adalats And Arbitration Tribunals. Whether they entertain civil as well as criminal cases? (UPSC Mains 2024- 150 words)

Lok Adalats and Arbitration Tribunals are two alternative dispute resolution mechanisms in India, aimed at providing quicker and more accessible justice compared to traditional court proceedings.

Lok Adalats

Lok Adalats are informal courts established under the Legal Services Authorities Act, 1987, to resolve disputes amicably through conciliation and compromise. They operate at various levels, including the national, state, and district levels.

Key Features:

• Voluntary Process: Participation in Lok Adalats is voluntary, and both parties must agree to resolve their dispute through this mechanism.
• No Fees: There are no court fees for filing cases in Lok Adalats.
• Quick Resolution: Lok Adalats aim to resolve disputes quickly, often on the same day they are presented, making them a time-efficient option.
• Informal Procedure: The procedure followed is less formal than that of traditional courts, allowing for a more relaxed atmosphere that encourages negotiation.

Types of Cases:

• Civil Cases: Lok Adalats primarily deal with civil cases, including family disputes, property disputes, and contractual matters.
• Criminal Cases: They can entertain certain types of compoundable criminal cases (those which can be settled by the parties involved, like theft, defamation, etc.). However, they do not handle non-compoundable criminal cases (like murder, rape, etc.).

Arbitration Tribunals

Arbitration Tribunals are formal mechanisms established to resolve disputes outside the court system, based on the agreement of the parties involved. The arbitration process is governed by the Arbitration and Conciliation Act, 1996.

Key Features:

• Binding Decision: The decision (award) made by the arbitration tribunal is binding on the parties, and it has the same enforceability as a court judgment.
• Parties’ Choice: The parties involved have the freedom to select their arbitrators and define the rules governing the arbitration process.
• Formal Procedure: The arbitration process follows a more structured and formal procedure, similar to that of court proceedings.
• Confidentiality: Arbitration proceedings are generally private, and the details are not disclosed to the public.

Types of Cases:

• Civil Cases: Arbitration is predominantly used for civil cases, particularly in commercial disputes, contracts, partnerships, and property issues.
• Criminal Cases: Arbitration tribunals do not entertain criminal cases. Criminal matters are reserved for the criminal justice system.

Conclusion:

Both Lok Adalats and Arbitration Tribunals serve as important mechanisms for alternative dispute resolution in India, each with its own characteristics, procedures, and areas of applicability.

3. “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy:” Elucidate. (Answer in 150 words) UPSC 2024

The Cabinet system is a key feature of parliamentary democracy, characterized by the executive branch being composed of a group of ministers, usually headed by a Prime Minister, who are collectively responsible for governing the country.

Understanding Parliamentary Supremacy:

Parliamentary Supremacy refers to the principle that the Parliament is the supreme legal authority and can create or end any law. Generally, this principle includes:

1. Legislative Authority: Parliament has the ultimate power to legislate, and its decisions cannot be overridden by any other body.
2. Accountability: The government is accountable to Parliament and must operate with its consent.
3. Representation: Parliament represents the will of the people and serves as a forum for debate and discussion.

Growth of the Cabinet System:

The Cabinet System refers to the executive branch of government, consisting of the Prime Minister and senior ministers who are responsible for the administration of the state. Key features include:

1. Collective Responsibility: The Cabinet acts as a single entity, and decisions are made collectively. This means that individual ministers are not solely accountable for their actions but share responsibility for the Cabinet’s decisions.
2. Leadership Role: The Prime Minister, as the head of the Cabinet, often plays a dominant role in policymaking and the legislative agenda.
3. Executive Dominance: The Cabinet can significantly influence the legislative process and government policies.

Marginalization of Parliamentary Supremacy;

The growth of the Cabinet system has led to the marginalization of parliamentary supremacy in several ways:

1. Executive Dominance over Legislative Agenda:
   • The Cabinet often controls the legislative agenda, determining which bills are introduced and prioritized in Parliament. This control can limit the scope of parliamentary debate and deliberation, reducing the role of Parliament in shaping laws.
2. Party Discipline and Whip System:
   • The existence of strong party discipline in parliamentary systems means that Members of Parliament (MPs) often vote along party lines rather than according to their own judgment. This dynamic can lead to situations where the Cabinet can push through legislation with minimal debate, diminishing the deliberative function of Parliament.
3. Reduced Role of Opposition:
   • With a powerful Cabinet, the opposition may find it challenging to influence the legislative process. The government’s majority in Parliament often leads to the dismissal of opposition concerns and perspectives, weakening the checks and balances that a robust parliamentary system requires.
4. Executive Orders and Ordinances:
   • In some instances, Cabinets may resort to executive orders or ordinances to bypass parliamentary approval. This practice can undermine the authority of Parliament and its ability to scrutinize and amend legislation.
5. Public Policy Decisions:
   • The Cabinet’s ability to make significant policy decisions without extensive parliamentary scrutiny can further marginalize the role of Parliament. For example, decisions regarding national security or economic policy may be made within the Cabinet, often without significant input from Parliament.
6. Limited Debate and Scrutiny:
   • The collective decision-making process of the Cabinet can lead to limited debate on important issues within Parliament. The urgency of decision-making may overshadow the need for thorough scrutiny and public discussion.

Conclusion :

To preserve the integrity of parliamentary supremacy, it is crucial to strike a balance between the executive’s need for efficiency and the Parliament’s role in democratic deliberation and oversight.

4. The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment. (Answer in 150 words) UPSC 2024

The Comptroller and Auditor General of India (CAG) under article 148 is a constitutional authority responsible for auditing the accounts of the Union and State governments and other authorities and bodies that are required by law to maintain accounts.

Constitutional Provisions:

The CAG is established under Article 148 of the Constitution of India.

Appointment: The President of India appoints the CAG, who is usually chosen from among individuals with experience in public affairs and finance.

1. Tenure: The CAG holds office for a term of six years, but can be removed from office in the same manner and on the same grounds as a Supreme Court judge, which ensures independence and autonomy.
2. Responsibilities: The primary responsibilities of the CAG include auditing the accounts of the central and state governments, as well as various organizations and bodies financed by the government.

Functions of the CAG

1. Audit of Government Accounts:
   • The CAG conducts audits of the accounts of the Union and State governments to ensure that expenditures are made in accordance with the law and proper financial management practices.
2. Performance Audits:
   • In addition to financial audits, the CAG also conducts performance audits to evaluate the economy, efficiency, and effectiveness of government programs and policies. This helps assess whether public funds are being used effectively to achieve desired outcomes.
3. Reporting:
   • The CAG presents audit reports to the President (for the Union) and the Governors (for the states), which are then laid before Parliament and the respective state legislatures. These reports provide insights into financial management and highlight any discrepancies or inefficiencies.

Significance of the CAG:

1. Accountability:
   • The CAG plays a vital role in holding the government accountable for its financial decisions and expenditures. By conducting audits and presenting findings, the CAG ensures transparency in the use of public funds.
2. Public Trust:
   • The work of the CAG enhances public trust in government institutions by ensuring that public resources are managed responsibly and effectively.
3. Improvement in Governance:
   • The recommendations made by the CAG, based on audit findings, contribute to improving governance and public financial management practices. They help identify areas for reform and enhance the efficiency of government programs.
4. Facilitating Legislative Oversight:
   • The CAG’s reports provide essential information for Parliament and state legislatures, enabling them to exercise effective oversight over the executive’s financial activities.

Challenges Faced by the CAG:

1. Resource Limitations:
   • The CAG may face challenges related to insufficient resources, manpower, and technology, which can affect the comprehensiveness of audits.
2. Political Sensitivity:
   • Audits, especially those related to sensitive areas of governance, may face resistance from government agencies, impacting the effectiveness of the CAG’s role.
3. Timeliness of Reporting:
   • Delays in audit processes and reporting can diminish the relevance of the CAG’s findings and recommendations.

Conclusion

The Comptroller and Auditor General of India plays a crucial role in ensuring accountability, transparency, and good governance in the management of public finances. As a constitutional authority, the CAG’s independence is essential for upholding the principles of democracy and public trust. Through its audits and reports, the CAG contributes significantly to the effective functioning of government and the responsible use of public resources.