Mains Question for UPSC Aspirants

Mains Question for UPSC Aspirants

04 Jul 2022 gs-mains-paper-2 GOVERNANCE      
Question :
Q. Discuss the reasons for the National Investigation Agency establishment. How is it convinced in the federal structure of India?


Decode the Question:
  • Start with the background of NIA and its functions. 
  • Discuss the reasons for establishment of the National Investigation Agency.
  • Discuss the role/function in the federal structure of India.
  • Provide a suitable conclusion by citing recent cases of NIA.

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The NIA was constituted in the wake of the 26/11 Mumbai terror attack in November 2008. The agency came into existence on December 31, 2008 and started its functioning in 2009.
The National Investigation Agency (NIA) was constituted in 2009 under the provisions of the National Investigation Agency Act, 2008 (NIA Act).
It is the central counter-terrorism law enforcement agency in the country. The NIA is a central agency which investigates all offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws enacted to implement international treaties.
The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country. These include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders. The agency has the power to search, seize, arrest and prosecute those involved in such offences.
 
Reasons for establishment of National Investigation Agency:
  • Large-scale terrorism sponsored from across the borders: Over the past several years, India has been the victim of large-scale terrorism sponsored from across the borders. terrorist attacks and bomb blasts, etc., in various parts of the hinterland and major cities, etc. prepare a ground for a specialised agency.
  • Chain of crimes: A large number of such incidents are found to have complex inter-state and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc. Keeping all these in view, it was felt that there was a need for setting up of an agency at the central level for the investigation of offences related to terrorism and certain other Acts, which have national ramifications.
  • Recommendations: Several expert committees and the Second Administrative Reforms Commission have also made recommendations for establishing such an agency.
  • Specific cases under specific Acts for investigation: The Government after due consideration and examination of the issues involved, proposed to enact a legislation to make provisions for establishment of a National Investigation Agency in a concurrent jurisdiction framework, with provisions for taking up specific cases under specific Acts for investigation.
Federal structure of India and NIA:
Initially, it was envisioned that the NIA would deal with only eight laws mentioned in the schedule and that a balance had been struck between the right of the State and duties of the Central government to investigate the more important cases.
The Bill was passed by the Lok Sabha and the Rajya Sabha.
The list includes:
  • the Explosive Substances Act,
  • Atomic Energy Act,
  • Unlawful Activities (Prevention) Act,
  • Anti-Hijacking Act,
  • Suppression of Unlawful Acts against Safety of Civil Aviation Act,
  • SAARC Convention (Suppression of Terrorism) Act,
  • Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,
  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act and relevant offences under the Indian Penal Code, Arms Act and the Information Technology Act.
In September 2020, the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.
As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
After assessing the details made available, the Centre can then direct the agency to take over the case. State governments are required to extend all assistance to the NIA.
Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up investigation. While investigating any scheduled offence, the agency can also investigate any other offence which the accused is alleged to have committed if the offence is connected to the scheduled offence.
To deal with cases like executed murder of Kanhaiyya Lal in Rajasthan's Udaipur and Umesh Kolhe at Amravati in Maharashtra, where mass public sentiments are attached, the role of agencies like NIA became significant.
In the growing hate and terrorism environment across the globe, NIA can be a vital tool for India. Power to probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases, further strengthen the NIA.
 
Source: The Hindu


03 Jul 2022 gs-mains-paper-2 GOVERNANCE     
Question : Q. Consumer rights are more important than ever in present governance. Discuss the legal and executive safeguarding to control misleading advertisements.


Decode the Question:
  • Start the Introduction with consumer rights and responsibilities.
  • Talk about the Consumer Protection Act 
  • Discuss the issues around the two domains in present time governance are important for Consumer rights: e-commerce and Misleading Advertisements.
  • Highlight the guidelines of ‘Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’ notified by the Central Consumer Protection Authority (CCPA)
  • Provide a suitable conclusion.

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Consumer Protection has a wide agenda. It not only includes educating consumers about their rights and responsibilities, but also helps in getting their grievances redressed.
The Consumer Protection Act provides for six rights of consumers. The consumer protection councils set up under the Act are intended to promote and protect the various rights of consumers.
These rights include:
  • Right to Safety,
  • Right to be Informed,
  • Right to Choose,
  • Right to be Heard,
  • Right to seek Redressal and
  • Right to Consumer Education. 
Good governance refers to transparency, accountability and participation. The two domains in present time governance are important for Consumer rights:
  • e-commerce:  Consumer protection is a burning issue in e-commerce throughout the globe. The technological advances, internet penetration, massive use of smartphones and social media penetration led to e-commerce growth. The rapid e-commerce development has brought about new distribution methods. It has provided new opportunities for consumers, forcing consumers vulnerable to new forms of unfair trade and unethical business. Further, the government's measures to protect consumer rights, particularly online consumers, are inadequate. Hence, the government enacted the Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 and made them effective from July 2020.
  • Misleading Advertisements: Consumers witnessed a change in advertisements during the pandemic. Grievances Against Misleading Advertisements (gama.gov.in), which is run by the Department of Consumers Affairs, over 6000 complaints of misleading advertisements were received by the platform from 2019 to 2021. Consumers have been complaining that in many instances even celebrities and influencers, knowingly or unknowingly, are seen making unsubstantiated claims about such products. Sensodyne advertisements and Naaptol Online Shopping Ltd matters highlight the greater need of consumer protection.
Therefore, Consumer rights are more important than ever in present governance.
On June 9, 2022, the Central Consumer Protection Authority (CCPA) notified guidelines for ‘Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’. The guidelines, brought in with immediate effect, are applicable to all forms of advertisements.

Legal and executive safeguarding to control misleading advertisements:
  • Penalty: While the Consumer Protection Act of 2019 does have a provision on misleading advertisements, the CCPA can impose a penalty of up to ₹10 lakh on manufacturers, advertisers and endorsers for misleading advertisements and a penalty of up to ₹50 lakh for subsequent contraventions.
  • Endorsement Prohibition: It can also prohibit the endorser of a misleading advertisement from making any endorsement for up to one year; for subsequent contravention, prohibition can extend up to three years.
  • Forbid advertisements from exaggerating the features of product or service: The guidelines forbid advertisements from exaggerating the features of product or service in such manner as to lead children to have unrealistic expectations of such product or service and claim any health or nutritional claims or benefits without being adequately and scientifically substantiated by a recognized body.
  • Disclaimers: Since the disclaimers in advertisements play a pivotal role from consumer perspective since, in a way it limits the responsibility of the company, the guidelines stipulates that disclaimer should not attempt to hide material information with respect to any claim made in such advertisement, the omission or absence of which is likely to make the advertisement deceptive or conceal its commercial intent and should not attempt to correct a misleading claim made in an advertisement.
  • Foreign professionals’ restrictions: Where Indian professionals are barred under any law from making endorsement in any advertisement, foreign professionals of such profession are not permitted to make endorsement in such ads.
The guidelines aim to protect consumers interest through bringing in more transparency and clarity in the way advertisements are being published, so that consumers are able to make informed decisions based on facts rather than false narratives and exaggerations.


Source: The Hindu


27 Jun 2022 gs-mains-paper-2 INDIAN POLITY      
Question :
Q. Discuss the key provisions of anti-defection law? Why is it sometimes dubbed as toothless tiger? Suggest some measures to strengthen it?

Decode the Question:
  • Start with expressing the key provisions of the anti-defection law.
  • Point out main issues associated with this law by citing some recent developments.
  • Suggest some measures to strengthen this law.
  • Conclude with a suitable note.
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Defection is defined as a “conscious abandonment of allegiance or duty”. The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another. It is often referred to as the ‘anti-defection law’.
The purpose of the anti-defection law was to bring stability to governments by discouraging legislators from changing parties.
The Tenth Schedule contains the following provisions with respect to the disqualification of members of Parliament and the state legislatures on the ground of defection:
  • Members of Political Parties: when a legislator elected on the ticket of one political party “voluntarily gives up” membership of that party or vote in the legislature against the party’s wishes, he becomes disqualified for being a member of the House.
  • Independent Members: An independent member of a House becomes disqualified to remain a member of the House if he joins any political party after such election.
  • Nominated Members: In their case, the law specifies that they can join a political party within six months of being appointed to the House, and not after such time.
  • The above disqualification on the ground of defection is not applicable in the following two cases: 
  • If two-thirds of the strength of a party should agree for a ‘merger’ then it will not be counted as a defection.
  • If a member, after being elected as the presiding officer of the House.
91st Amendment Act of 2003 deleted the provisions regarding protection granted to legislators in cases of a split in the party under the Tenth Schedule.
Though the anti-defection law has been hailed as a bold step towards cleansing our political life and started as a new epoch in the political life of the country, it has revealed many lacunae in its operation and failed to prevent defections in toto. But the following issues associate it with the tag of toothless tiger.
 
Issues with Anti-defection law:
  • Dissent Vs Defection: It does not make a differentiation between dissent and defection. It curbs the legislator’s right to dissent and freedom of conscience. Thus, ‘it clearly puts party bossism on a pedestal and sanctions tyranny of the party in the name of the party discipline’. It violates the principle of representative democracy.
  • Merger Issue: it banned only retail defections and legalised wholesale defections. If two-thirds of the strength of a party should agree for a ‘merger’ then it will not be counted as a defection. In 2019 in Goa, 10 of the 15 Congress MLAs merged their legislature party with the BJP. In the same year, in Rajasthan, six BSP MLAs merged their party with the Congress, and in Sikkim, 10 of the 15 MLAs of the Sikkim Democratic Front joined the BJP. These are against the people’s political mandate and defeat the purpose of anti-defection.
  • Independent members vs nominated member issue: Its discrimination between an independent member and a nominated member is illogical. If the former joins a party, he is disqualified while the latter is allowed to do the same.
  • Issues associated with the presiding officer: Its vesting of decision-making authority in the presiding officer is criticised on two grounds. Firstly, he may not exercise this authority in an impartial and objective manner due to political exigencies. Secondly, he lacks the legal knowledge and experience to adjudicate upon the cases. 
  • No prescribed time- period for decision: The law does not define a time period within which disqualification proceedings against a legislator ought to be decided. With the role of the Speaker of the House getting more and more political by virtue of this law, disqualifications were either decided immediately or kept pending indefinitely depending on which of the two suited the political party that the Speaker was earlier affiliated with. Additionally, with the Courts having no jurisdiction over disqualification proceedings, judicial remedy could be sought only against the decision of the Speaker or on his inaction in deciding the disqualification proceedings. This made the proceedings under the Tenth Schedule useless to a large extent and did not discourage legislators from jumping ship. In 2020 however, the Supreme Court in an order stated that Speakers ought to decide on the disqualification proceedings pending before them within a “reasonable time”.
  • Split Issue: Though 91st Amendment Act of 2003 deleted the provisions regarding protection granted to legislators in cases of a split in the party under the Tenth Schedule. Opposition MLAs in states, like Andhra Pradesh and Telangana, have broken away in small groups gradually to join the ruling party. In some of these cases, more than 2/3rd of the opposition has defected to the ruling party. The ambiguity over such a split is not clear if they will still face disqualification if the Presiding Officer makes a decision after more than 2/3rd of the opposition has defected to the ruling party.
  • Practice of horse trading: Parties have also been able to use the anti-defection law to their advantage. Parties often have to sequester MLAs in resorts to prevent them from changing their allegiance or getting poached by a rival party or an opposing faction of their party. Recent examples are Rajasthan (2020), Maharashtra (2019), Karnataka (2019 and 2018), and Tamil Nadu (2017). Recent crisis of Maharashtra (2022) has also raised questions about anti-defection law.
  • No bar on outside activities: It does not provide for the expulsion of a legislator from his party for his activities outside the legislature.
Suggestions to strengthen the law:
  • The President and Governors should hear defection petitions. 
  • It must apply only to save governments in no-confidence motions. Restricting the scope of law can shield the detrimental effect of the anti-defection law on representative democracy.
  • Parliament should set up an independent tribunal headed by a retired judge of the higher judiciary to decide defection cases swiftly and impartially.
  • Strengthening Intra-Party Democracy is a vital step to strengthen this law.
  • Bringing political parties under the purview of RTI can be a right step.
In a Judgement, Justice NV Ramana rightly pointed out: "political parties are indulging in horse trading & corrupt practices due to which citizens are denied of stable governments. In these circumstances, the Parliament is required to re-consider strengthening certain aspects of the Tenth Schedule so that such undemocratic practices are discouraged". For healthy representative democracy and free and fair elections, the strong anti-defection law is a need of the hour.
 
Reference: India Today    Indian Express


12 May 2022 gs-mains-paper-2 GOVERNANCE     
Question : Discuss the role that WTO can play in addressing food insecurity and improving the predictability and stability of global food markets for producers and consumers.

(GS Mains; Paper 2)
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09 May 2022 gs-mains-paper-2 INDIAN POLITY     
Question : The 73rd and 74th Amendment Acts fail to free Local Governments from the clutches of State Governments. Examine.

(GS Mains; Paper 2)
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04 May 2022 gs-mains-paper-2 GOVERNANCE    
Question : What do you mean by the principle of ‘Unity of Command’? Discuss the merits and demerits of the principle with regard to public administration citing some examples.

(GS Mains; Paper 2)

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28 Apr 2022 gs-mains-paper-2 INDIAN POLITY      
Question : Discuss the present status of the Ninth Schedule of the Constitution of India.

(GS Mains; Paper 2)
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13 Apr 2022 gs-mains-paper-2 INDIAN POLITY    
Question : The instances of recent past shows that ‘the credibility of State Public Service Commissions has declined.’ Comment. 

(GS Mains; Paper 2)
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02 Apr 2022 gs-mains-paper-2 GOVERNANCE    
Question : Discuss the rationale of establishing three tier system of Federation in India.

(GS Mains; Paper 2)
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17 Mar 2022 gs-mains-paper-2 INDIAN POLITY       
Question : Janani Suraksha Yojna (JSY) is a safe motherhood intervention under the National Health Mission. Discuss its role in promoting institutional delivery among poor pregnant women.

(GS Mains; Paper - 2)
Indian Polity, Constitution and Governance: Welfare schemes for vulnerable sections

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