PSIR Answer Writing Module - Target 2024

Model Answers
Test 9

For any concern related with PSIR Test Series mail at [email protected]

1. Recent Supreme Court judgements on the election commission show that public
institutions require more overhauling that goes beyond the appointment procedure to
ensure the well-being of people. Elucidate.

Answer

A Constitution Bench of the Supreme Court unanimously held that the selection of the Chief
Election Commissioner and the Election Commissioners would be done by a three-member
Committee consisting of the Prime Minister, the Leader of the Opposition (or the leader of
the largest opposition party in Parliament), and the Chief Justice of India. The Court, thus,
altered the present mode of selection, where the CEC is appointed by the President, acting
on the advice of the Prime Minister.

Why do all public institutions need overhauling?

1. Lack of independence: A democracy requires a system of checks and balances to

prevent the arbitrary use of power by the elected government of the day. The
Constituent Assembly of India recognised the need for independent institutions to
regulate sectors of national importance without any executive interference. Such
constitutional bodies must be provided with complete independence to enable them
to function without fear or favour and in the larger interests of the nation. An essential
attribute of independence is not being influenced by any vested interest and the
ability to withstand pressure from the executive.
2. Expansion in the functions of the state: The work of a modern government in any
country is carried on by its administrative agencies and public institutions. There has
been a phenomenal expansion in the functions of the state and reliance is laid heavily
on the organisational and administrative capacity of the government. Sound
administrative organisation, methods and procedures, and competent public servants
 devoted to the public interest are some of the essential requirements for the proper
performance of the functions of public institutions.
3. Over-bureaucratized yet understaffed- Milan Vaishnav has held that Contrary to
popular belief, the Indian state is one of the smallest among major nations on a per
capita basis. While India’s population increased from 846 million to 1.2 billion
between 1991 and 2011, total public sector employment decreased from 19.1 million
to 17.9 million. But while the state might be undermanned in terms of adequate
personnel, it is most certainly as over-bureaucratized as it is under-staffed.
4. Flailing but not failing- This “state capacity”—the ability of the state to effectively
design and implement public policies—varies greatly across India. The Indian state is
not failing but is seen to be only too often “flailing”. It can successfully manage highly
complex tasks but fails in executing relatively simple ones. On the one hand, India can
organize elections for 850 million eligible voters, conduct a census for 1.2 billion
people, and run a highly effective space programme. Yet, on the other hand, its record
in providing basic public services, from health to education and water to sanitation,
ranges from modest to dismal. The persistence of a stubborn Maoist insurgency and
the sporadic resurgence of communal violence in certain pockets speak to its patchy
law and order prowess, while chronic power shortages are a stark testimony to the
quality of its regulatory institutions.
5. Corruption- The abuse of public office for private gain erodes people’s trust in
government and institutions, makes public policies less effective and fair, and siphons
taxpayers’ money away
6. The vacuum created by legislature and executive- Judicial intervention is very
frequent in ever-expanding arenas and judiciary is constrained to govern, and even to
-legislate, as the executive and legislature are incapable or unable to exercise their
functions in a satisfactory manner. The Court, the argument goes, is merely filling the
gaping vacuum

Public institutions in India need to be fully committed to the principles of rationality and
impartiality. Institutional impartiality should be in congruence with the realization of the ideal
of social justice. The challenge for policymakers is to take whatever “pockets of efficiency” do
exist, to borrow a term from the sociologist Peter Evans, and find ways of expanding their
coverage.

2. “Constitution assures to the Comptroller and Auditor General, constitutional

independence and has also placed him beyond fear or favour of the executive, whose
transactions he is expected to audit. Comment.
Answer

Article 148 provides for a Comptroller and Auditor-General of India who shall be appointed
by the President by warrant under his hand and seal. The CAG is the institution through which
the accountability of the government and other public authorities — all those who spend
public funds — to Parliament and State Legislatures and through them to the people is
ensured.

Constitutional independence of CAG

1. Rigorous removal process: The constitution, under Article 148, provides that a CAG
can only be removed from office in like manner and on like grounds as a Judge of the
Supreme Court.
2. Remuneration not to be varied to his disadvantage: The salary and other conditions
of service of the Comptroller and Auditor-General shall be such as may be determined
by Parliament by law and, until they are so determined, shall be as specified in the
Second Schedule: Provided that neither the salary of a Comptroller and Auditor-
General nor his rights in respect of leave of absence, pension or age of retirement shall
be varied to his disadvantage after his appointment.
3. Ineligibility for further office: The Comptroller and Auditor-General shall not be
eligible for further office either under the Government of India or under the
Government of any State after he has ceased to hold his office.
4. Conditions of service: Subject to the provisions of this Constitution and of any law
made by parliament, the conditions of service of persons serving in the Indian Audit
and Accounts Department and the administrative powers of the Comptroller and
Auditor-General shall be such as may be prescribed by rules made by the President
after consultation with the Comptroller and Auditor-General.
5. Administrative expenses of the office: The administrative expenses of the office of
the Comptroller and Auditor-General including all salaries, allowances and pensions
payable to or in respect of persons serving in that office, shall be charged upon the
Consolidated Fund of India.

However, some challenges remain before the CAG

1. Lack of decentralisation of duties: Unlike other federal democracies, India has laid a
large amount of duties pertaining to the audits of the government on one individual.
As elucidated by K Joseph in ‘CAG: Watchdog Or Lapdog?’, CAG is overburdened with
the duties of the office, making the auditory system less efficient and audits hardly
being presented on time.
 2. Inefficient system of manpower management: The office of the CAG has over 40,000
employees working for it and one individual at the helm of this has led to a very
inefficient system of manpower management.
3. The quality of reports: The quality of reports presented by the CAG has also been
under question such as the CAG report on NREGA was criticized for not checking the
veracity of the documentation.
4. Appointment of the CAG: In the article ‘COMBATING CORRUPTION: THE ROLE OF
THE CAG IN INDIA’, Ronojoy Sen highlighted that the office of the CAG should have
been more active in questioning the illicit financial activities of the government but
failed to do so as it was not practically fully autonomous. There are no transparent
and proper selection criteria and no requirement for a particular type of qualification
or experience. India is the only democratic country in which the executive has the
power to appoint the CAG. This hampers the autonomy of this important post and
deters it from questioning the government.

What needs to be done

1. Decentralization of duties of the CAG: In a large country like India, which has a
complex composition, it is very impractical for one individual to handle the audit
mechanism of both the state and central government as well as PSUs. There should
be a separate state auditor for every state and also specialized agencies which would
maintain their accounts. The head state auditor would be responsible for all the
financial audits of their respective state government as well as local municipal
governments in that state as well. This was also proposed in the Government of India
Act of 1935] as each state was supposed to have its own auditor-in-chief.
2. Transparent appointment process: Reforms to the post of the CAG have been made
by the chairman of the Public Accounts Committee Mr. Murli Manohar Joshi which
suggested a separate panel to appoint the CAG. Ramaswamy R. Iyer has suggested
forming a selection committee which would make the entire selection process more
credible. The suggested composition of this committee is the Prime minister, the
leader of the opposition of Lok Sabha, the Finance Minister, the CJI and any respected
Chartered Accountant outside the government.

Dr. B.R. Ambedkar, during the debates in the Constituent Assembly, described the CAG as the
most important functionary in the Constitution, more important than even the judiciary. it is
an office of utmost importance and relevance. It is high time to make relevant reforms to
make the functioning of the CAG more transparent and efficient.
3. “Ever since the National Commission for Women (NCW) came into existence in 1992, its
composition and functioning have been contentious and controversial”. Comment

Answer

Indian women have fought against the patriarchal Indian society and triumphed at many
levels despite cases of rape, dowry deaths, female infanticide, sexual harassment at
workplaces, female illiteracy, and similar problems being rampant in Indian society. It was
against this backdrop that the Committee on the Status of Women in India (CSWI)
recommended the establishment of the National Commission for Women. The National
Commission for Women was set up as a statutory body in January 1992 under the National
Commission for Women Act, 1990 to:

1. review the Constitutional and Legal safeguards for women;

2. recommend remedial legislative measures ;
3. facilitate redressal of grievances and
4. advise the Government on all policy matters affecting women.

In keeping with its mandate, the Commission initiated various steps to improve the status of
women and worked for their economic empowerment

1. Legal awareness programmes- It takes up the issue of child marriage, sponsored legal
awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as the
Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National
Commission for Women Act, 1990 to make them more stringent and effective. The
Commission with the support of members of civil society appealed to the Government
to amend the existing sexual assault laws. It was against this backdrop that the
Criminal Law (Amendment) Act, 2013 was promulgated.
2. Generating awareness in the society- It organizes workshops/consultations,
constitutes expert committees on the economic empowerment of women, conducts
workshops/seminars for gender awareness and takes up publicity campaigns against
female foeticide, violence against women etc. to generate awareness in the society
against these social evils.
3. Investigate and examine matters relating to women- NCW through its various cells
investigates and examines all matters relating to safeguards provided for women and
devises a comprehensive strategy to tackle cases of violation of the fundamental rights
of women under the Constitution and other laws.
 4. Cognizance of complaints- The Commission in numerous cases has taken cognizance
of complaints made by vulnerable sections of women and taken suo moto notice of
such matters.
5. Research- NCW undertakes promotional and educational research to suggest ways of
ensuring due representation of women in all spheres and identify factors responsible
for impeding their advancement.
6. Conducts inspection- The Commission inspects jails, remand homes, women's
institution or other places of custody where they are kept as prisoners or otherwise &
pursue the concerned authorities for remedial action if found necessary.
7. Intervention in numerous court cases- The Commission has intervened in numerous
cases where women's rights have been transgressed. A few of the more prominent
ones are:
a. Bhateri Gang Rape Case, Rajasthan- The Commission suo moto took up the
case of the victim and extended its full support in going for appeal and also
providing security to the victim and appointment of a special public prosecutor
to argue her case.
b. Commutation of Death Penalty (Ramshree's Case)- Due to the timely
intervention of the National Commission for Women in the Hon'ble Supreme
Court, the order for the death sentence was temporarily stayed and the
Hon'ble Court, later commuted the death sentence into life imprisonment.
c. Obscenity Cases- The Hon'ble High Court of Delhi put an injunction on the
launching of 21+ adult channels. The NCW approached the Hon'ble High Court
of Delhi against Star TV, Zee TV, etc. for showing obscene pictures on television
and other media.
d. Against outdated Customs & Traditions Maimon Baskari's Nuh Haryana Case-
The NCW took up the case of Ms Maimon Baskari who was allegedly a victim
of torture and rape for marrying a person of her choice. The Hon'ble Supreme
Court has united the couple.

Challenges and Controversies Associated with NCW

1. Patriarchal and regressive statements- NCW members in the past have given
statements unbecoming of office. Kalpana Sharma held that the kind of statements
made by the NCW chairperson and members make you wonder whose interests they
represent. When you have members who reveal the name of a sexual assault victim,
or you have a chairperson who tells young women not to get offended by sexist
remarks, and still others in the State Women's Commissions, instructing women how
to dress if they want to be safe, you have to seriously ask whether the NCW can do
anything for women.
 2. Not practising what it preaches- The national body is also guilty of failing in its duty
to fully implement the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 at its own premises., the National Commission in
2016, dismissed two women who had filed a complaint about the persistent workplace
sexual harassment at NCW itself. The NCW also did not give some documents under
the right to information in spite of orders by the Central Information Commission.
3. Delay in taking action- Ranjana Kumari, chairperson of Women Power Connect, a
national organisation of women’s groups, said: “NCW has completely failed to fulfil its
responsibility of protecting women and their dignity. It is not really standing by the
women of India. the police are also reluctant to take the NCW’s cases seriously and
almost always come back saying they find no merit in the complaint.
4. Lack of legislative powers- It does not have legislative powers. It can recommend
amendments to the law which are not binding on the government. lack of authority
to enforce its recommendations and law reform creates a major impediment in the
way of the Commission in attaining its desired goals.
5. Selection of members- The selection process, of both members and the chairperson,
seems based on political preferences rather than competence. Sadhna Arya, of Saheli
Women’s Resource Centre, has done a research study on the decline of the NCW. She
elaborates, “By mere nomination of the political party in power, the chairperson is
selected; there is no involvement of any other agency. The chairperson is always a
woman who is close to the political party in power and at least one member is there
by virtue of being a bureaucrat. Kamla Bhasin said, “If there is any country in South
Asia that has it all–feminist lawyers, feminist journalists, feminist academics–it is India.
In every state, we have them. Yet, with the exception of one or two, most members
of the Commission come with very little or no background in women’s issues.”
6. Only grandiose statement- It has been accused of being a “talking shop”. Apart from
expressing displeasure, the NCW seems unwilling or incapable of at least making sure
that issues relating to women are not taken up and dropped so routinely.
7. Lack of Financial Assistance- The National Commission for Women functions is
hooked into the grants offered by the central government. Financial assistance
provided to the Commission is extremely little to cater to its needs.
8. Lack of continuity- Sadhna Arya points to the unwillingness of new members to
continue with the work of their predecessors. “Every panel functions on its own and
since there is a lack of seriousness on the part of the government, the NCW is more of
the chairperson’s commission rather than a commission for all women in the country,

What needs to be done?

 1. The NCW leadership must be selected transparently from among women, or even
men, of merit. The chairperson must command respect both in the government and
across civil society.
2. This is a time when women need help in various areas more than ever, from health
care to jobs, to safety to nutrition. It is not enough for the NCW to make grandiose
statements about the death penalty for rapists or express outrage every time there is
a crime against women.
3. Maneka Gandhi had spoken extensively about giving “more teeth” to the NCW and
bringing it on the same footing as the National Commission for Human Rights.
4. Instead of allowing it to become a “bureaucratic office that occupies itself only in
bringing out a brochure,” the time has come for the Commission to finally become the
vanguard of women’s rights.
5. As far as justice is concerned, while the NCW is vested with civil powers, at times the
cases turn out to be criminal. Mohini Giri held that “There should be a debate on how
legal cases should be tackled by the Commission.
6. NCW should aggressively network with all women's rights groups in the country so
that every case comes to the nodal body.
7. Meeran Chadha Borwankar held that a social audit of the performance of different
commissions by competent external agencies on a regular basis would give citizens an
idea of their actual work. A taxpayer has a right to find out whether the money she is
paying is being used properly or half-heartedly or being squandered altogether.

Sagarika Ghose says that The NCW exists for politicians, by politicians, and of politicians, and
has nothing whatsoever to do with the dilemmas and crimes faced by women. As held by
Faizan Mustafa “It seems the NCW neither has the will nor the capability to fight for women’s
causes. There is an urgent need for its performance audit by an independent body.”

4. The Indian constitution makes many safeguards for minorities. In light of the above
statement give reasons for the creation of the Nation Commission of Minorities and
examine its effectiveness.

Answer

The setting up of the Minorities Commission was envisaged in the Ministry of Home Affairs
Resolution dated 12.01.1978 which specifically mentioned that

"Despite the safeguards provided in the Constitution and the laws in force, there persists
among the Minorities a feeling of inequality and discrimination. In order to preserve
secular traditions and to promote National Integration the Government of India attaches
the highest importance to the enforcement of the safeguards provided for the Minorities
… in the Constitution…”.

With the enactment of the National Commission for Minorities Act,1992, the Minorities
Commission became a statutory body and renamed as National Commission for Minorities.

The safeguards for the protection of the interests of minorities are mandated in the following
provisions of the Constitution of India:

1. Article 15 (1) & (2) - Prohibition of discrimination against citizens on grounds of

religion, race, caste, sex or place of birth;
2. Article 16(1)&(2) - Citizens’ right to ‘equality of opportunity in matters relating to
employment or appointment to any office under the State, and prohibition in this
regard of any discrimination on grounds of religion, race, caste, sex or place of birth;
3. Article 25(1) - People’s freedom of conscience and right to freely profess, practise and
propagate religion – subject to public order, morality and other Fundamental Rights;
4. Article 26 - Right of every religious denomination or any section thereof – subject to
public order, morality and health – to establish and maintain institutions for religious
and charitable purposes, manage its own affairs in matters of religion, and own and
acquire movable and immovable property and administer it in accordance with law
5. Article 28 - People’s freedom as to attendance at religious instruction or religious
worship in educational institutions wholly maintained, recognized, or aided by the
State Article 29(2) - Non-denial of admission to any citizen to any educational
institution maintained or aided by the State, on grounds only of religion, race, caste,
language or any of them;
6. Article 30(1) - Right of all religious and linguistic minorities to establish and administer
educational institutions of their choice;
7. Article 30(1A) - State laws providing for the compulsory acquisition of property of
minority educational institutions shall ensure that the compensation amount to be
paid does not restrict or abrogate the right guaranteed above;
8. Article 30 (2) - Freedom of minority-managed educational institutions from
discrimination in the matter of receiving aid from the State;

Effectiveness of NCM

1. Vacant positions: The problem of vacant positions has persisted over time across
successive commissions. The Vice-Chairman’s position in NCM remained vacant from
December 2012 to April 2017 (fifth and sixth Commissions). There have been instances
 when, for months, the commission has been headless i.e., without a Chairperson and
with “just one out of the eight stipulated members.
2. Lack of Staff: The Commission is unable to effectively fulfil its mandate when the key
positions of commission Members remain unstaffed. For example, the Commission
mandated to conduct hearings – “looking into specific complaints regarding
deprivation of rights and safeguards of minorities …”– is unable to process the
numerous cases it receives. When the top positions at the Commission are vacant,
there remains no person authorized to conduct hearings of cases of transgression of
minority rights. This leaves numerous pending cases at the end of every year.
3. Lack of integration of minority Commissions in the states with the National
Minorities Commission: While there is a chain of hierarchy in judicial courts –from the
courts at the district level, the high courts at the state level and the Supreme Court of
India acting as the apex court at the capital – there is no such hierarchy between the
and the minority commissions set up by the state governments.
4. Underutilization of the technological capacity: The Commission utilize only basic
software which does not by itself facilitate an end-to-end complaint-handling
mechanism. There is no real-time communication of schedules and appointments for
hearings with the complainants who sometimes travel thousands of kilometres to the
capital (New Delhi), only to know that their scheduled hearing appointment has been
cancelled or rescheduled. This results in a waste of time and money, which in turn
amounts to suffering at the individual level and a national waste of resources at the
macro level.
5. Financial allocation and expenditure planning: Financial allocation and expenditure
planning remain a key challenge for NCM. While conducting “studies, research and
analysis on the issues relating to the socio-economic and educational development of
minorities” is one of the primary mandates of NCM (as it is expected to submit
recommendations to the President of India and the Parliament), only a small
proportion of the allocated budget of the Commission is spent in research activities.
The actual expenditure that NCM incurred in the year 2015-16 was INR 65,600,000
(approximately 1 million US dollars) the majority of which was spent on salaries and
none on Research Studies and Publication
6. Absence of constitutional power: The absence of any constitutional power to conduct
independent enquiries in cases of the transgression of minorities’ rights, and
especially in cases of communal violence, renders the Commission legally
incapacitated to fulfil its duty. This limitation has also been mentioned in a
recommendation in the Commission’s 2007-08, [29] 2008-09, [30] and 2010-11 [31]
annual reports of the Commission.
Considering the complexity of the problems faced by the National Minorities Commission,
discussed in the section above, a system thinking approach may be suitable to find some
solutions.

1. Expanding NCM’s Legal and Constitutional Authority: NCM could fulfil its duties
assigned in its mandate if greater legal and constitutional authority is extended to the
Commission. The Commission could be more effective if it had greater authority to
conduct independent enquiries in cases of the transgression of rights of the minorities,
and especially in cases of communal violence. This aspect has also been highlighted in
detail in the annual reports of the Commission.
2. Results Based Management (RBM): The NCM requires objective parameters to gauge
the extent to which it is fulfilling its various mandates as per Section 9(1) of the
National Commission for Minorities Act, 1992.
3. Staffing needs assessment: At regular intervals, conducting a staffing needs
assessment may be a useful solution to address the problem of vacant positions at the
leadership level. In itself, the staffing needs assessment may not be of value since
vacant positions may be a consequence of a lack of political will. Nonetheless, the
reporting of the same in the media and in the annual reports may serve as leverage to
generate political pressure to keep these positions actively occupied.
4. Technological Upgrades for Efficiency: Technological upgrades including investment
in more sophisticated information management systems could help reduce the
pendency rates of cases in the Commission.

In this era of populist majoritarian movements that render minority rights ignored, subdued,
and suppressed, the National Minorities Commission has the potential to rise as an institution
that can serve as the beacon of minority rights in India. India being the largest democracy in
the world, with a fifth of its population comprised of minority groups, is faced with the trial
of proving its resilience and commitment to the idea of “unity in diversity” to the world. The
National Minority Commission stands at the helm of this challenge, to prove its mettle as an
institution that can safeguard the ethos upon which this nation was built.

5. Trace the evolution of environmental movements in India. What factors have played a
role in the development of the movement?

Answer

Geetanjoy Sahu held that the genesis of concern for environmental protection in India can be
traced back to the early twentieth century when people protested against the
commercialization of forest resources during the British colonial period. He notes that “It was
only in the 1970s a coherent and relatively organized awareness of the ecological impact of
state-monolithic development process started to develop, to grow into a fully-fledged
understanding of the limited nature of natural resources and to prevent the depletion of
natural resources”. These movements are primarily political expressions of the struggle of
local communities and people who are victims of environmental degradation or abuse of
resources.

Reasons for the Emergence of Environmental Movements in India:

Aviram Sharma has held that major reasons for the emergence of environmental movements
in India include

1. Control over natural resources- The environmentalist stated that local communities
were best suited to conserve natural resources as their survival depended on the
sustainable use of such resources. They argued that to make the sustainable use of
the resource the customary rights or traditional rights should be given back to the
people which were taken away by the State, and traditional institutions should also be
recognised.
2. False developmental policies of the government- The post-independent state failed
to build up a development agenda based on the needs of the people and continued to
advocate the modern capitalist agenda which led to the destruction of the
environment, poverty and marginalisation of rural communities
3. Socioeconomic reasons- The environmental movement in India concentrates on the
issue of equity in relation to access and use of natural resources. Economic justice
sought by these movements does not mean mere distribution of resources but
encompasses a larger vision like enhancement in the quality of life through recognition
of people’s right over their natural resources, their right to live with dignity, and their
participation in decision–-making.
4. Environmental degradation/ destruction- A significant characteristic of
environmental movements in India is that they have mainly involved the women, the
poor and disadvantaged masses who have been directly affected by or are victims of
environmental degradation. Thus these movements are primarily political expressions
of the struggle of local communities and people who are victims of environmental
degradation or abuse of resources.
5. Spread of environmental awareness and media- The concerns of the human
environment received spectacular attention from scholars following the conclusion of
the United Nations Conference on Human Environment, Stockholm in 1972. By the
1980s the “green movement” became a worldwide phenomenon encompassing
various countries of the world including India. It is signified by several movements of
 people for the protection of their environmental and ecological rights in India, ‘eco-
greens’ or ‘green movement’ in Germany and North America.

Some of the best-known environmental movements in India have been briefly described
below:

1. Bishnoi Movement: This movement was led by Amrita Devi in which around 363
people sacrificed their lives for the protection of their forests. This movement was the
first of its kind to have developed the strategy of hugging or embracing the trees for
their protection spontaneously
2. The Chipko Movement: The Chipko is one of the world-known environmental
movements in India. Ratna V Reddy noted that “The main demand of the people in
these protests was that the benefits of the forests, especially the right to fodder,
should go to local people”. Villagers hugged or embraced or stuck to the trees in the
forest to prevent them from being felled by the contractors. The strategy of
‘embracing’ the trees to resist the felling of the trees was thought of by Chandi Prasad
Bhatt.
3. Narmada Bachao Andolan: The most popular movement in the environmental history
of India is the movement against the Narmada River Valley Project. As pointed out by
Padam Nepal, the Narmada Bachao Andolan has drawn upon a multiplicity of
discourses for protests such as: “displacement risks and resettlement provisions;
environmental impact and sustainability issues; financial implications of the project;
forceful evictions and violations of civil liberties; issues pertaining to river valley
planning and management; implications of Western growth model, and alternative
development and appropriate technology among many other.
4. Appiko Movement: The movement took place in the Uttara Kanada district of
Karnataka in the Western Ghats. Pravin Sheth pointed out that, “the Appiko
movement succeeded in its three-fold objectives include 1] protecting the existing
forest cover, 2] regeneration of trees in denuded land, and 3] utilizing forest wealth
with proper consideration to conservation to the conservation of natural resources
5. Silent Valley Movement: As pointed out by Nepal Padam the central issue of the Silent
Valley protests included: The protection of the tropical rainforest, maintenance of the
ecological balance……The campaigns and petitions were the main strategies adopted
by the activists in the movement, basing it on the non-violent, Gandhian ideological
orientation…..the protest against the destruction of forest, an opposition to
ecologically unsustainable development, and above all, maintenance of the ecological
balance.
6. Tehri Dam Conflict: One of the most protracted environmental movements in recent
years is the movement against the Tehri Dam. The Tehri Baandh Virodhi Sangahrsha
 Samithi founded by veteran freedom fighter Veerendra Datta Saklani has been
opposing the construction for more than a decade. The major objections include the
seismic sensitivity of the region, the submergence of forest areas along with Tehri
town etc. Despite the support from other prominent leaders like Sunderlal Bahuguna,
the movement failed to gather enough popular support at national as well as
international levels

Environmental and ecological movements became prominent in India since the 1970s, like
other such movements. The concerns of these movements are not confined to any particular
group. They are all-encompassing – the entire village and urban communities, women, tribals,
peasants, middle classes and nature. Even the issues raised by them concern all sections of
society to varying degrees. These issues are: the protection of people’s right to access natural
resources, prevention of land degradation, prevention of commercialisation of natural
resources and environmental pollution, maintenance of ecological balance, rehabilitation of
displaced people, etc. These issues are also related to people’s dignity, environmental rights
and their decision-making rights on the issues concerning them.

6. Progressive judicial pronouncements persuaded the government to defend the rights of

the marginalised. Discuss. What are the significant challenges before the Human Rights
Movement in India?

Answer

According to the UN, human rights are rights inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status. Human rights include the
right to life and liberty, freedom from slavery and torture, freedom of opinion and expression,
the right to work and education, and many more. Everyone is entitled to these rights, without
discrimination. Public interest litigation and the judicial activism of the Supreme Court played
a significant role in expanding the scope of human rights and in giving it much-needed
legitimacy through some important verdicts.

1. Maintenance case- In the Shah Bano case Supreme Court granted maintenance to the
Shah Bano and protected the rights of Muslim women beyond personal law,
2. The third Gender- In the year 2014 SC recognised the transgender as the third gender
and protected their rights.
3. Triple Talaq- In the year 2017 SC of India majority of judge 3:2 declared Triple Talaq
as unconstitutional as this practice jeopardise and violates the rights of Muslim
woman in all facets.
 4. Sabarimala Temple- The Supreme Court allowed women entry into Sabarimala temple
aged 10 to 50 years as the devotion cannot be subjected to gender discrimination.
5. Homosexuality- SC in the year 2018 decriminalized section 377 of the Indian Penal
Code, 1860 on the ground that it goes against articles 14, 15, 19 and 21 of the
constitution. After 72 years rights of the homosexual people are off the hook and they
can also enjoy their rights as heterosexual people.
6. Adultery- SC said that the husband is no longer the master of the wife, therefore,
pronounced that adultery is no more a crime as it violates the dignity of a woman and
hence infringes Article 21 of the constitution.
7. Right to shelter as a fundamental right- In Rajesh Yadav vs. State of UP, SC held that
The right to shelter is a fundamental right granted under Article 19(1)(e) read with
Article 21 of the Indian Constitution.
8. Adequate means of livelihood.- In Olga Tellis v. Bombay Municipal Corporation
(1985) Supreme Court held that The State should secure adequate means of
livelihood.
9. Right to free legal aid - In the case of Hussainara Khatoon vs. the State of Bihar, it was
established that if an accused person cannot afford legal services, they have the right
to free legal aid provided by the state.
10. Bonded labour- PUDR v UOI (1982), where the Supreme Court held that giving wages
below the limits set by the Minimum Wages Act would amount to forced labour
11. Right of prisoner to have necessities of life: In State of Maharashtra v. Prabhakar
Pandurang Sanzgir, the Supreme Court stated that the mere fact that someone is
detained cannot deprive one of his fundamental rights and that such conditions are
not to be extended to the extent of the deprivation of fundamental rights of the
detained individual. The Court further ruled that every prisoner retains all such rights
that are enjoyed by free citizens except the one that is lost necessarily as an incident
of confinement.

CHALLENGES FACED BY THE HUMAN RIGHTS MOVEMENT

The Human Rights Movement in India faces challenges at various levels.

1. The power of the State is witnessed at all levels of the political and economic structure.
In the economic sphere where the State has withdrawn, it remains a willing ally of the
domestic and multinational corporate sector and thus the human rights groups must
also face the Challenge of global capital which is not shackled by the concerns of social
responsibility.
2. Ideologically the interface with the State is itself fraught with many dilemmas. Human
Rights Movement rights groups are expected to oppose various kinds of violations of
 human rights by the State whether in the form of rights depriving legislation or non-
action in securing legally guaranteed rights: On the other hand, they must also work
within the State's legal framework to demand justice. In following the latter, often
groups tend to confine themselves to making demands on the State without ever
challenging the very ideological structures or processes within which the State and
political regime operate.
3. Rajni Kothari has argued that with the rise of a technocratic State committed to global
capitalism, there has been large-scale depoliticization and curbing of dissent. The
distinction between State and civil society has blurred with the latter lacking any
agency or alternative perspectives to the ones championed by the State.
4. Liberalisation has led to what Upendra Baxi calls the emergence of human rights
markets'. According to Baxi, human rights markets are said to "comprise a series of
transactions across a range of economic actors that pursue competition within a
framework of collaboration".
5. Given the liberal-individualist market-based ideology that guides the State, there are
increasing attempts to take society as a singular and homogenous category devoid of
regional, religious, ethnic, linguistic and cultural differences and therefore amenable
to universally determined solutions. Kothari says that as the State does not recognize
particularistic claims, groups are often forced to resort to, 'sectarian and communal
forms' to register their protest.
6. Human rights groups need to constantly negotiate the twin categories of the universal
and individual on the one hand and the particular and communitarian on the other.
The dominant discourse of rights is geared towards the individual; therefore the group
perspective must be incorporated:
7. D.L. Sheth has argued that the liberal and legalistic concept of rights does not include
the concerns of the marginalized i.e. those who do not belong to the organized sector
and are devoid of any entitlements. The language of rights needs to be further
expanded and reinvented sans the State determined context.

Human rights groups need to expand the democratic spaces available for not just what
Kothari calls, 'protesting' but 'actively resisting' human rights violations. There is a need to
build a human rights consciousness and mobilize civil society to promote human rights.
Concerted action is essential around diverse concerns which must be animated by a common
understanding. It is only then that one may speak of a human rights movement in India and
recount its contribution to securing and protecting human rights. Otherwise, all one can do is
list out various human rights and social action groups which may be very active in their own
spheres but share little in common or at times may even have conflictual positions vis-a-vis
one another.
7. Explain the meaning of the term Backward classes and the Social Category constituting
the backward classes in India. Identify some of the distinctive features and problems faced
by the Backward Classes.

Answer

The backward classes constitute an important segment of Indian society. They account for
more than thirty per cent of the total population. The ‘backward classes’ do not constitute
one single whole but a multitude of social groups with varying positions and socio-economic
standing in the social hierarchy of Indian society.

Marc Galanter in his book Competing Equalities: Law and The Backward Classes in India
observes that backward classes is a very loose concept. Marc Galanter in his book Competing
Equalities: Law and The Backward Classes in India observes that backward classes is a very
loose concept. Sociologically, these classes consist of a large number of the backward castes
which remain above the Scheduled Castes and below the upper castes. These castes consist
of intermediate castes — the cultivating castes, artisans and service castes. In the traditional
social and economic structures, while the intermediary castes were involved in the production
process in the land, the service castes and artisans provided services to the society. The
backward classes known as the Other Backward Classes (OBCs), are other than those
backward classes, which include the Dalits/Scheduled Castes and the Scheduled Tribes.

The principal intermediary OBCs are Yadavs, Kurmies, Koeris, Gujjars and Jats in north Indian
states like Uttar Pradesh, Bihar, Rajasthan and some of them in Haryana and Madhya Pradesh;
Kappus, Kammas, Reddies, Vokkaliggas, Lingayats, Mudliars in south Indian states like Andhra
Pradesh, Karnataka and Tamil Nadu; Patles, Kolis, Kshatriyas and Marathas in west Indian
states like Gujarat and Maharashra. They belong to the upper or dominant backward classes.
The service castes and artisans, principal castes among them being carpenters, blacksmiths,
barbers, water carriers, etc., are found in almost all states in varying numbers. They are also
known as the Most Backward Castes (MBCs) in some states. Their relations were regulated by
the Jajamani System.

Characteristics of backwardness

The Indian Constitution is silent on the definition of the backward classes. What one finds,
however, is the characteristics of backwardness described and spread over the different
articles of the Constitution.

1. Article 15 (4) speaks of social and educational backwardness.

 2. In Article 16 (4), mention is made of backward classes and their inadequate
representation in services.
3. Article 23 speaks of forced labour.
4. Article 46 refers to a weaker section of the people in which the scheduled castes and
scheduled tribes are included.

Social Background and Composition of Backward Classes

The backward classes constitute a large and mixed category of persons. They comprise
roughly one-third of the total population of the country. They are made up of (i) the scheduled
tribes (adivasis); (ii) the scheduled castes (the Harijans), and (iii) the other backward classes.

The First Backward Class Commission 1953 under Article 340 of the constitution of India
formulated the following criteria for socially and educationally backward classes:

a. Low social position in the traditional caste hierarchy of Hindu society.

b. Lack of general educational advancement among the major sections of a caste.
c. Inadequate representation in the field of trade, commerce, and industry.

The second backward class commission or Mandal Commission was formed under B.P
Mandal. 11 indicators or the criteria for Social and educational backwardness were derived
under three heads-Social, Educational and Economic

Distinctive features and problems faced by the Backward Classes

1. As held by B. Kuppuswamy, The scheduled castes (SC) and the scheduled tribes (ST)
are well-defined categories in the Indian Constitution. The other backward classes are
not listed and defined. The problems of this category of people are, therefore, diverse
and complex.
2. They suffer from disadvantages and disabilities which are age-old and which derive
their sanction mainly from the caste system. Low status, poverty and illiteracy are
social problems, which they have inherited due to their ascribed status of being born
in a low caste.
3. The fact that the OBCs belong to distinct economic categories and to the middle castes
and the artisans and the service castes have given rise to issues which are both
economic and caste-related.
4. The nature of issues has changed over a period of time. For example, the social issues
were combined with those of abolishment of landlordism and demand for providing
ownership rights to their land before the implementation of the first phase of land
reforms. These were replaced by the issues which emerged mainly after the Green
 Revolution — the remunerative price of the crops, subsidised inputs, and better
infrastructure along with the issue of reservation in the political institutions and public
jobs for the backward classes.
5. Backward class mobilisation by different parties has largely been confined to the
upper backwards or the intermediate castes, who form the dominant sections of the
village society. The artisans and the service castes, generally known as the Most
Backward Classes (MBCs) remain largely excluded from empowerment.
6. The implementation of the Mandal Commission report has not settled the issue of
reservation. Newer groups continue to demand to be recognised as the OBCs.
Whether a community can get itself identified as OBCs is a political question; it
depends on the political factors.
7. Christophe Jaffrelot held that one another problem is that the public sector is
shrinking: Government jobs which were 19.5 million in 1996-97 are about 17.6 million
today. OBCs have not taken away as many jobs as is suggested by the quota of 27 per
cent that is supposed to go to them at the Centre and in most states. In fact, a quarter
of a century after the upholding of the Mandal Commission recommendations by the
Supreme Court, this quota remains less than half-filled at the Centre
8. Jaffrelot in “Solution Is the Problem” held that with dominant castes resenting
reservations (or asking to benefit from them) and OBCs claiming that they have not
achieved their mission yet (and are not prepared to share their quota), tensions are
bound to increase. But no party may dare to open this pandora’s box without an
alternative solution that could be agreeable to all the parties and this is not an easy
task.

The mobilisation of the backward classes on their recognition as OBCs, the appointment of
backward class commissions, and politics related to them — the support and opposition to
them, continue to remain relevant in the politics of social movement in India.

8. What are the functions of UPSC? Evaluate the role of UPSC towards the
Institutionalisation of professionalism in Civil Services.

Answer

The constitution of India envisages three categories of Public Service Commissions. The Union
Public Service Commission is to serve the needs of the services of the Union, a Joint Public
Service Commission for the services of two or more States and a State Public Service
Commission (SPSC) for the services of a State. Under Article 320 of the Constitution of India,
the Union Public Service Commission is, inter-alia, required to be consulted on all matters
relating to recruitment to civil services and posts.

The functions of the UPSC as specified under Article 320 of the Constitution bear resemblance
to those of the Federal Public Service Commission as specified in the Government of India Act
1935. These functions may be broadly classified into three categories, viz., (1) regulatory; (2)
executive and (3) quasi-judicial.

1. Regulatory: Among the regulatory functions the UPSC advises the government in
matters relating to (i) methods of recruitment and (ii) the principles to be followed in
making appointments, promotion and transfer from one service to another. However,
unlike the regulatory jurisdiction vested in the United States Civil Service Commission
(USCSC), the UPSC in India has hardly any such powers. The UPSC's jurisdiction is
purely advisory. Article 320 (3) of the Constitution merely states that it is the duty of
the Commission to advise the government on all matters relating to recruitment
methods for civil services, promotions and transfers. Thus, unlike the USCSC, the UPSC
cannot make regulations on personnel matters which will be binding on all
government departments. Although certain functions of the UPSC are often described
as being regulatory ones but in reality, these are purely advisory functions.
2. Executive Functions: The Commission has a specific constitutional duty of conducting
examinations for appointments to the services of the Union. Under this provision, the
UPSC conducts many written examinations for different categories of posts annually,
besides the holding of interviews for the selection of candidates for specialised and
other categories of positions. Here too it may be noted that the Commission's
jurisdiction is narrowly restricted to gazetted officers who constitute an insignificant
proportion of the total number of government employees. This means that the
executive jurisdiction of the Commission extends to only 1.9% of the total employees
of the Central Government. Another executive function of the UPSC is to present
annually to the President a report of the work done by the Commission during the
preceding year. The President is obliged to place the report before both houses of the
Parliament with a memorandum explaining the cases, if any, where the advice of the
Commission was not accepted and the reasons for such non-acceptance.
 3. Quasi-judicial Functions: The quasi-judicial jurisdiction of the UPSC is limited both in
scope and extent. In fact, it has no true appellate jurisdiction. It can only advise on
disciplinary actions taken against employees. According to the Constitution, the
government should consult the Commission on the following matters: i) All disciplinary
actions affecting a government employee like censure, withholding of increments or
promotion, reduction to a lower grade, compulsory retirement, removal or dismissal
from service, etc. ii) Claims for reimbursement for costs incurred by an employee in
legal proceedings instituted against him in respect of acts done in the execution of his
duty. Claims for the award of pension in respect of injuries sustained by an employee
and any question as to the amount of any 'such reward (Constitution of India, Article
320(3)(C)).

Limitations of the Functions of the UPSC

There are certain matters which have been kept outside the scope of the functions of the
UPSC. These include:

a. The Constitution of India, under Article 335, requires the government to take into
consideration the claims of the members of the Scheduled Castes and Tribes in
matters of appointment to various posts. As per Article 320(4), the UPSC need not be
consulted as regards the extent to which the reservations are to be made for the
candidates belonging to the Scheduled Castes and Tribes. However, once these
conditions are determined, the Commission as a recruiting agency proceeds with the
process of selection.
b. The President has been empowered to make regulations excluding matters from the
purview of consultation with UPSC. All such regulations must be laid before each
House of Parliament for approval for a period of not less than fourteen days. The
Parliament if necessary can modify or annul them.
c. The posts, the recruitment of which does not require the advice of UPSC include
membership or chairmanship of tribunals, commissions, high-powered committees,
posts of a highly technical and administrative nature and filling up of temporary
positions where appointments are made for less than a year
 d. the Commission has been entrusted with important constitutional duties and
functions, it has been assigned only an advisory and consultative role. government is
under no obligation to accept the advice of the Commission.

The UPSC is an independent institution which has an important role to play as an impartial
and expert advisor to the government in matters of administration of personnel. It occupies
a very important place in our system which assists the Government to maintain an efficient
and impartial public service. All possible steps have been taken by the Constitution makers to
ensure the smooth and effective functioning of the Commission without being influenced by
any political pressures. In a democracy, the impartiality of the public service is very important,
which can be ensured only if the Commission functions independently.