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This channel explains daily editorial covering indian express, Hindustan Times, Livemint and Hindu. You can reach to me for any query at @saurabhGSPaper2
Deliberative democracy or deliberative engagement is all about placing people (citizens, residents, affected individuals) closer to the affairs of government and decision makers.
Deliberative democracy emphasises information processing (meaning/sense-making) as much as information exchange (communication of information), and encourages people to critically test, weigh up and grapple with a a range of perspectives, inputs and evidence.
It’s an alternative approach to 'asking people what they think when they're not thinking', which elicits uninformed responses. Instead, deliberative approaches seek to elicit informed, quality, meaningful outputs.
PRINCIPLES OF DELIBERATIVE ENGAGEMENT
1. Deliberative processes are built around a number of key principles including:
2. The group responds to a clear remit - a plain English question that goes to the heart of the dilemma being shared.
3. Participants will have access to the information they need to have an in-depth conversation and information will be neutral, balanced and from a range of different sources.
4. The process is representative. Participants are selected randomly via a random, stratified selection process.
5. Participants are given the time they need to deliberate, which allows them to consider complex information, grapple with trade-offs and impacts and weigh up options and ideas
6. The deliberative group is given a high level of influence over outcomes or decisions.
7. The group starts with a ‘blank page’ report - detailing their own thinking and developing their recommendations ‘from scratch’.
HOW IT DIFFERS FROM REPRESENTATIVE OR PARTICIPATORY DEMOCRACY
Deliberative democracy is different from representative democracy because it puts conversations, diverse perspectives and understanding at the centre of the decision rather than relying on polling and voting.
It also differs from participatory democracy, which is usually about breadth - involving lots of people in a wider variety of ways. Deliberative democracy involves a smaller, descriptively representative group of people considering an issue in depth.
Consider the following statements:
1.Pradhan Mantri Jeevan Jyoti Bima Yojana is a one-year accidental insurance scheme renewable from year to year offering coverage for death or disability due to accident.
2.Pradhan Mantri Suraksha Bima Yojana Provides Life cover of Rs 2 lakh in case of death due to any reason against a premium of Rs 330 per annum.
3.Atal Pension Yojna is administered by Pension Fund Regulatory and Development Authority under the overall administrative and institutional architecture of the National Pension System.
What is 5+1 collegium system?
Answer:
1. Generally, one or more of the four senior judges in the collegium would be a potential CJI candidate.
The next in line is considered important to ensure continuity of decision-making
2. But if the situation is such that the successor Chief Justice is not one of the four senior most puisne Judges,then he must invariably be made part of the collegium.
3. Since,the Judges to be appointed will function during his term and it is his right that he should have a hand in their selection.
4. However, in the two-year tenure of Justice Chandrachud as CJI, a potential CJI candidate is unlikely to be in the collegium until May 2023.
5. Hence, Justice Khanna will be the sixth member of the collegium from November9,2022 itself.
6. The similar situation happened in 2007 when then CJI KG Balakrishnan took the top office,thecollegium he headed did not have the potential CJI candidate.
7. Justice SH Kapadia, who was next in line to be CJI, was invited to the collegium as the sixth member.
What was done to deal with the Confusion?
In 1998, President K.R. Narayanan issued a presidential reference to the Supreme Court as to what the term consultation really means in Articles 124, 217 and 222 (transfer of HC judges) of the Constitution. The question was if the term consultation requires consultation with a number of judges in forming the CJI opinion, or whether the sole opinion of the CJI constituted the meaning of the articles. In reply, the Supreme Court laid down nine guidelines for the functioning of the coram for appointments/transfers; this came to be the present form of the collegium.
Besides, a judgment dated October 28, 1998, written by Justice S P Bharucha at the head of the nine-judge bench, used the opportunity to strongly reinforce the concept of primacy of the highest judiciary over the executive. This was the Third Judges Case.
What are the arguments against the collegium system?
Experts point to systemic errors such as:
1. The administrative burden of appointing and transferring judges without a separate secretariat or intelligence-gathering mechanism dedicated to collection of and checking personal and professional backgrounds of prospective appointees;
2. A closed-door affair without a formal and transparent system.
3. The limitation of the collegium field of choice to the senior-most judges from the High Court for appointments to the Supreme Court, overlooking several talented junior judges and advocates.
What moves were taken to correct these?
The Law Commission in its 214th Report on Proposal for Reconsideration of Judges cases I, II and Iii recommended two solutions:
1. To seek a reconsideration of the three judgments before the Supreme Court.
2. A law to restore the primacy of the Chief Justice of India and the power of the executive to make appointments.
What is the suggested alternative to the collegium?
A National Judicial Commission remains a proposal. The Constitution (98th Amendment) Bill was introduced in the Lok Sabha by the NDA government in 2003. It provided for the constitution of an NJC to be chaired by the CJI and with two of the senior-most judges of the Supreme Court as its members. The Union Law Minister would be a member along with an eminent citizen to be nominated by the President in consultation with the Prime Minister. The Commission would decide the appointment and transfer of judges and probe cases of misconduct by judges, including those from the highest judiciary.
SC guidelines on Appointments
1. The term consultation with the Chief Justice of India in Articles 124 (2), 217(1) and 222 (1) requires consultation with a plurality of judges in the formation of the opinion of the CJI. The sole, individual opinion of the CJI does not constitute consultation.
2. The CJI can only make a recommendation to appoint a judge of the Supreme Court and to transfer a Chief Justice or puisne judge of a High Court in consultation with the four senior-most judges of the Supreme Court. As far as the High Courts are concerned, the recommendation must be made in consultation with the two senior-most judges of the Supreme Court.
3. Strong cogent reasons do not have to be recorded as justification for a departure from the order of seniority in respect of each senior judge who has been passed over. What has to be recorded is the positive reason for the recommendation.
4. The views of the judges consulted should be in writing and should be conveyed to the Government of India by the CJI along with his views to the extent set out in the body of this opinion.
5. The CJI is obliged to comply with the norms and the requirement of the consultation process in making his recommendations.
6. Recommendations by the CJI without [such compliance] are not binding upon the government.
#Polity GS Paper 2
Context: Collegium system
READ BELOW
There is a matter before the bench wrt to superiority of bench strenght. It is clear that 5 judge bench ruling is superior than 2 judge bench. It is because :-
The larger Benches examine the question or correctness of the decision and the majority opinion expressed by them becomes the verdict, which is binding on the lower Benches.
But the problem is for example if 5 judge bench gives decision with 4:1 then what will be difference with the 3 judge bench verdict with the split of 2:1.
The same thing applies on 5 judge bench verdict,if it is being be overriden by 7 judge bench with 4:3 verdict, then it does not make any sense.
Problem is majority decision is treated as the ruling of the entire Bench, including the dissenting judges.
And all this thing is happening because we follow " Doctrine of Precedents".
The doctrine of precedent is a principle of following previous decisions of the Court within its well-defined limits.
So, What should be done:-
term ‘larger Bench’ be understood not in the strict sense of being merely greater in strength than the lower Bench. Instead, there should be an endeavour to have a quorum with a break-even or a greater majority than the lower Bench. Thus, if a five-judge unanimous decision is referred to a larger Bench, it should be considered by a nine-judge Bench rather than seven, so that it would in any case be decided by a majority of at least five judges
Consider the following statements:
1. 'Due process of Law' provides for judicial scrutiny against arbitrary action of executive only.
2. The procedure established by law provides judicial scrutiny against arbitrary actions of both legislative and executive.
3. Article 21 of the Indian Constitution explicitly mentions the 'procedure established by law’.
Which of the statements given above is/are correct?
Which one among the following statement(s) is not correct? The word ‘socialist’ in the Preamble of the Constitution of India read with:
a)Article 39 (d) would enable the court to uphold the constitutionality of nationalization laws.
b)Article 14 would enable the court to strike down a-statute which failed to fully achieve the socialist goal.
c)Article 25, would enable the court to ensure freedom guaranteed under that Article.
d)Article 23 would enable the court to reduce inequality of income and status.
#Governance GS Paper 2
Context: Definition of Health care.
#Governance GS Paper 2
Context: The article talks about solution to the issues in MGNREGA
The design of the MGNREGA has been forgotten which was the USP of the scheme.
Design:
1. Right based, demand driven scheme.
2. Based on idea of decentralisation.
3. Social audit
4. Use of technology.
1. The objective of the Act is to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work.
2. MGNREGA is to be implemented mainly by gram panchayats (GPs). The involvement of contractors is banned. Labour-intensive tasks like creating infrastructure for water harvesting, drought relief and flood control are preferred.
3. MGNREGA stands out in its worker-centric legislation and stated emphasis on transparency and accountability. Several potentially progressive measures such as a real-time management information system have been put in place.
#Governance GS Paper 2
Context:-Mental health issue
Suicide is the leading cause of death among those aged 15-29 in India. According to WHO, India's suicide rate is 13/100000 and also there is a rise of depression by 28% in just one year.
Focus should be on following pillars:-
1. Killing stigma around mental health issues:- Ex Deepika Padukone talked about her mental illness.
2. Making mental health an integral part of the public health.
3. Creating strong infrastructure.
4. Mental health services should be made affordable
There is no health withoute mental health.
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For updates on international relations, you can refer to this channel. It is also managed by me only, but to avoid excessive load on this polity channel, I deal with international relations on above mentioned channel.
Consider the following statements with respect to “Overseas citizen of India”:
1. Any person who is a citizen of another country but eligible to become citizen of India at the time of commencement of the constitution.
2. Any person who is a citizen of any country but belonged to the territory that became part of India after 15th August 1947.
3. He is not eligible to enjoy equality in the matter of public employment.
Choose the Correct Code:
What kind of civil service do we need today?
Answer:
Skilled Bureaucracy: Digital Skills to be used for improved service delivery. There should be increased reliance on egovernance and mobile governance.
Converged Bureaucracy: Greater thrust should be accorded on cross departmental working, interdepartmental engagements, and lateral
communication among and within departments.
Open Bureaucracy : – Culture of openness needs to be adopted for new forms of partnership with private sector.
Connected Bureaucracy: There is a need for the Bureaucracy to be connected within and globally to imbibe the best practice. Need to be globally connected with the counterpart organizations and have horizontal networks across the world. Understanding global best practices will help our bureaucracy to develop world class acumen.
#Polity GS Paper 2
Context:- Vice President said Parliament is North Star.It is a metaphor means Parliament gives direction through debates and discussion (Deliberate Democracy)
We will discuss today about Deliberative Democracy in details:
Consider the following statements with respect to “Right to Information Act”:
1.The Act recognizes Suo-moto Declaration of the information by the Public Authority.
2.Every Public authority is under Obligation to provide Information on written Request or Request by Electronic means only.
3.The definition of Public Authority would include any NGO Substantially financed by Government (Directly or indirectly or both).
Choose the Correct Code:
7. The transfer of High Court judges is judicially reviewable only if the CJI took the decision without consulting the other four judges in the Supreme Court collegium, or if the views of the Chief Justices of both High Courts [involved in the transfer] are not obtained.
8. The CJI is not entitled to act solely in his individual capacity, without consultation with other judges of the Supreme Court, in respect of materials and information conveyed by the Government for non-appointment of a judge recommended for appointment.
9. The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or transfer of a puisne judge. The consultation need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court.
What is Supreme Court of India Collegium and How it Works?
Answer: The Collegium of the Supreme Court consists of 5 senior most Judges including the Chief Justice of India. They will consider the elevation of Chief Justices/Judges of High Court to Supreme Court, elevation of Judges of High Courts as Chief Justices and elevation of Judges. In case of difference of opinion, the majority view will prevail. Since Constitution mandates consultation with the Chief Justice of India is necessary for appointments to judiciary, the collegium model evolved.
What is the Collegium System?
Answer: It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution.
What does the Constitution actually prescribe?
Answer: Article 124 deals with the appointment of Supreme Court judges. It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.
Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.
How and when did the other system evolve?
Answer:The collegium system has its genesis in a series of three judgments that is now clubbed together as the Three Judges Case. The S P Gupta case (December 30, 1981) is called the First Judges Case. It declared that the primacy of the CJI recommendation to the President can be refused for cogent reasons. This brought a paradigm shift in favour of the executive having primacy over the judiciary in judicial appointments for the next 12 years.
How did the judiciary come to get primacy?
Answer: On October 6, 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association vs Union of India case the Second Judges Case. This was what ushered in the collegium system. The majority verdict written by Justice J S Verma said justiciability and primacy required that the CJI be given the primary role in such appointments. It overturned the S P Gupta judgment, saying the role of the CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter. Here the word consultation would shrink in a mini form. Should the executive have an equal role and be in divergence of many a proposal, germs of indiscipline would grow in the judiciary.
How final was this?
Justice Verma majority judgment saw dissent within the bench itself on the individual role of the CJI. In a total of five judgments delivered in the Second Judges case, Justice Verma spoke for only himself and four other judges. Justice Pandian and Justice Kuldip Singh went on to write individual judgments supporting the majority view. But Justice Ahmadi had dissented and Justice Punchhi took the view that the CJI need not restrict himself to just two judges (as mentioned in the ruling) and can consult any number of judges if he wants to, or none at all.
For the next five years, there was confusion on the roles of the CJI and the two judges in judicial appointments and transfers. In many cases, CJIs took unilateral decisions without consulting two colleagues. Besides, the President became only an approver.
#Polity GS Paper 2
Context:- Transparency and opaqueness in Judiciary.
Steps taken for Transparency:
1. Live proceedings in the court.
2. Translation of SC Pronouncement in 4 languages other than English.
Steps for opaqueness:
1. Charge sheet filed against an accused is not a Public document, thus not come under the meaning of RTI 2005. This steps is against court verdict in Youth bar association vs UOI, IN WHICH COURT ASKED INVESTIGATING AGENCY TO PUT FIR on website.
However i think court is right because chargesheet had vital information such as list of prosecution witness and investigating officer conclusion.
But other point is also valid that in any case these details will come in public during trial.
#Polity GS Paper 2
Context:- This article is of no use for you guys. Better to read this below
Answer of these two mcq is already given.
Читать полностью…
Which of the following is correct with respect to “Popular Sovereignty”:
1.Rousseau expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns."
2.The principle is one of the underlying ideas of the United States Constitution.
Choose the correct code:
Sub Centre:
1. Sub Centres are assigned tasks relating to interpersonal communication in order to bring about behavioral change and provide services in relation to maternal and child health, family welfare, nutrition, immunization, diarrhoea control and control of communicable diseases programmes.
2. Each Sub Centre is required to be manned by at least one auxiliary nurse midwife (ANM) / female health worker and one male health worker.
Primary Health Centre
1. PHC is the first contact point between village community and the medical officer.
2. The PHCs were envisaged to provide an integrated curative and preventive health care to the rural population with emphasis on preventive and promotive aspects of health care.
3.The PHCs are established and maintained by the State governments under the Minimum Needs Programme (MNP)/ Basic Minimum Services (BMS) Programme.
4. As per minimum requirement, a PHC is to be manned by a medical officer supported by 14 paramedical and other staff.
Community Health care:
1. As per minimum norms, a CHC is required to be manned by four medical specialists i.e. surgeon, physician, gynecologist and pediatrician supported by 21 paramedical and other staff. It has 30 in-door beds with one OT, X-ray, labour room and laboratory facilities.
2. It serves as a referral centre for 4 PHCs and also provides facilities for obstetric care and specialist consultations.
As per the Rural health statistics, there is a shortfall of 79.5% IN 2022.
What are the issues with MGNREGA
1. First, budget allocation over the years has been insufficient. While there has been an increase in the nominal budget in the last two years, after adjusting for inflation, the budget has actually decreased over the years.
2. The government, in order to ensure “leakage proof payment” through the National Electronic Fund Management System (NeFMS). Under the NeFMS, funds remain centralised in one account under the control of the Government of India, while the allocation of money to the implementing agencies is only notional.
3. the centralised mechanism reverses the process of strengthening panchayati raj institutions, which, even after 25 years of being a part of federal constitutional arrangements, remain weak for lack of devolution of power, functions, and functionaries: the three Fs.
4. stagnating MGNREGA wages. Delinking of MGNREGA wage rates from the Minimum Wages Act (MWA), 1948 has contributed to this.
5. Poor asset quality created as a part of the programme.
6. . Uneven implementation across states
7. There is a delay on the part of centre to transfer funds to the State. This delay in payment of wages discourages people from taking up more work.
SOLUTION:
1. Ministry of Rural development must amplify the payment process and has to be transparent about pending wage payments.
2. Strengthen implementation capacities where expenditure is low instead of curbing expenditure. There has to be focus on exclusion error and not inclusion error.
3. Make it participative:- Bring civil society, worker union and representatives of self help groups into the discussion.
Assertion (A): Democratic government is a government which is always republican.
Reason (R): A republican government is government which is always democratic.
Which one of the following is true:
a) A and R are true, but neither is an explanation of the other.
b) A and R are true but constitute the explanation of each other
c) Both A and R are true.
d) Both A and R are false.
e) A is true, but R is false.
f) A is false, but R is true.
#Governance GS Paper 2
Context:- Groundwater governance has improved.
World bank says India is the largest groundwater user. Groundwater is meeting nearly 80% of country's drinking water and 2/3rd of irrigation needs.
India's effort:
1. Creation of jal shakti Ministry.
2. Installing ground water observation wells.
3. Installing digital water level recorders.
4. Aquifer mapping and Data dissemination.
5.Atal Bhujal yojna focuses on participatory groundwater management and inculcate behavioural change.
6. National project on aquifer management envisages the mapping of aquifers. (Around 24 lakh km sq area have been mapped)
Answer is All of these
Statement 1 and 2:- A foreign national, - (i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or (ii) who was eligible to become a citizen of India on 26th January, 1950; or (iii) who belonged to a territory that became part of India after 15th August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (v) who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder
Statement 3:- Following benefits will be allowed to an OCI:
(a) Multi-purpose, multiple entry, lifelong visa for visiting India.
(b) Exemption from registration with local police authority for any
length of stay in India.
(c) Parity with NRIs in respect of economic, financial and
education fields except in matters relating to the acquisition of
agricultural/plantation properties.
Will any other benefit be granted to an OCI?
Any other benefits to an OCI will be notified by the Ministry of
Overseas Indian Affairs (MOIA) under Section 7B(1) of the
Citizenship Act, 1955.
Is the OCI entitled to voting rights?
No.
Is the OCI entitled to hold constitutional post in India?
No.
Is the OCI entitled to hold Government posts in India?
No, except for the posts specified by an order by the Central
Government.
Why Mungekar committee has termed the 5 th schedule as constitution within constitution?
Answer:- Because of special provision:-
1. The Union Government shall have executive powers to give directions to the States as to the administration of the Scheduled Areas.
2. Para 4 of the Fifth Schedule provides for establishment of a Tribes Advisory Council (TAC) in any State having Scheduled Areas. If the President so directs, there will be established a TAC in a State having Scheduled tribes but not Scheduled Areas therein, consisting of not more than twenty members of whom, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.
3. The TAC shall advise on such matters pertaining to the welfare and the advancement of the STs in the State as may be referred to them by the Governor.
4. The Governor may make rules prescribing or regulating
the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants,
the conduct of its meetings and its procedure in general
I just want to know from you guys, so that i can make a change accordingly that can help you more:
a. MCQ posted is not as per UPSC Standard.
b. MCQ posted here below the quality of renowned institute.
c. MCQ posted here is above the quality of renowned institute and adding values to your preparation
d. MCQ posted here is neither of quality nor of use.