Day 13 Mains Questions – Ace Answer Writing Program

Question 1: Examine the evolving role of the Prime Minister’s Office (PMO) in policy-making and governance. Has this evolution affected the principle of collective responsibility of the cabinet? (10 Marks, 150 words)

Introduction

The Prime Minister’s Office (PMO) acts as the principal executive office where article 74 of the Indian Constitution mandates the Council of Ministers headed by the Prime Minister to aid and advise the President.

Body

Evolving Role of PMO –

1. Policy Coordination: The PMO has become central in coordinating policies across ministries, enhancing efficiency (e.g., NITI Aayog initiatives).
2. Strategic Planning: It drives long-term strategic planning, exemplified by initiatives like Digital India.
3. Crisis Management: The PMO’s role in managing national crises (e.g., COVID-19 pandemic response) has been pivotal.
4. International Relations: It plays a key role in shaping foreign policy, as seen in the PM’s direct engagement in international summits.
5. Monitoring Implementation: The PMO monitors the execution of flagship programs (e.g., Swachh Bharat Abhiyan).

Impact on Collective Responsibility –

1. Centralization of Power: Increased centralization in the PMO can undermine the collective decision-making process (e.g., unilateral decisions on demonetization).
2. Bureaucratic Influence: The PMO’s reliance on bureaucratic advice may overshadow ministerial input (e.g., PMO-led economic reforms).
3. Cabinet Marginalization: Key policy decisions often bypass the cabinet, reducing its role (e.g., defense procurements).
4. Coordination vs. Autonomy: While coordination has improved, ministerial autonomy has been compromised.
5. Public Accountability: The PMO’s dominance impacts transparency and accountability, challenging the collective responsibility norm.

Conclusion

The PMO’s evolving role has significantly influenced policy-making and governance. While it has improved efficiency and coordination, it has also posed challenges to the principle of collective responsibility. Ensuring a balance between strong leadership and collective governance is crucial for democratic functioning.

Additional Data, Committees, Examples for Value Addition –

1. Administrative Reforms Commission: Recommendations on improving PMO efficiency.
2. Sarkaria Commission Report: Emphasized balanced power distribution between PMO and Cabinet.
3. Second ARC Report: Suggested measures for enhancing collective responsibility.
4. Coalition Era (1990s): Illustrated challenges in maintaining collective responsibility.
5. PMO in Global Context: Comparison with the role of the White House in the USA.

Question 2: “Public Interest Litigation (PIL) has been a double-edged sword in India’s judicial landscape.” Critically analyse this statement, discussing both the positive and negative impacts of PILs on governance and justice delivery. (10 Marks, 150 words)

Introduction

Public Interest Litigation (PIL) allows courts to address issues affecting the public interest, facilitating judicial intervention in matters of social justice and governance. Article 32 and Article 226 of the Indian Constitution empower citizens to approach the Supreme Court and High Courts for the enforcement of fundamental rights.

Body

Analysis of PIL as a Double-Edged Sword –

1. Access to Justice: PILs democratize access to the judiciary, allowing marginalized groups to seek justice (e.g., environmental protection cases).
2. Judicial Activism: Courts proactively address social issues through PILs, leading to significant legal reforms (e.g., Vishaka Guidelines for workplace sexual harassment).
3. Government Accountability: PILs hold government authorities accountable for their actions and inactions (e.g., Right to Food case).
4. Judicial Overreach: Excessive use of PILs can lead to judicial overreach, undermining the roles of the executive and legislature (e.g., policy directives).
5. Frivolous Litigation: Increase in frivolous PILs strains judicial resources and delays other cases (e.g., PILs filed for personal or political gains).

Positive Impacts of PILs –

1. Social Justice: Facilitates justice for marginalized groups (e.g., Bonded Labour Liberation).
2. Policy Reform: Leads to significant policy changes (e.g., Right to Education).
3. Environmental Protection: Results in landmark environmental rulings (e.g., Ganga Pollution Case).
4. Human Rights: Strengthens human rights protections (e.g., Decriminalization of Section 377 IPC).
5. Government Accountability: Enhances transparency and accountability (e.g., RTI Act implementation).

Negative Impacts of PILs –

1. Judicial Overreach: Courts intervening in executive functions (e.g., judicial directives in economic policies).
2. Frivolous PILs: Burdening the judiciary with non-serious cases (e.g., PILs with political motives).
3. Delays in Justice: Overloading courts, causing delays in other cases (e.g., backlog in higher courts).
4. Resource Strain: Strain on judicial resources affecting efficiency (e.g., extended court hours).
5. Undermining Authorities: Undermines executive and legislative roles, leading to conflicts (e.g., court-mandated administrative actions).

Conclusion

Public Interest Litigation has significantly contributed to advancing public welfare and ensuring government accountability. However, it also poses challenges such as judicial overreach and resource strain. Balancing judicial activism with judicial restraint is essential for effective governance and justice delivery.

Additional Data, Committees, Examples for Value Addition –

1. Judicial Reforms Committee: Recommendations on handling frivolous PILs.
2. Supreme Court Guidelines: Criteria for admitting PILs to prevent misuse.
3. Law Commission Reports: Addressing the impact of PILs on the judiciary.
4. Landmark Cases: Vishaka Guidelines, Environmental Pollution Control, etc.
5. Comparative Analysis: PIL practices in other countries for better governance.

Question 3: Evaluate the role of pressure groups and civil society organizations in shaping public policy in India. How can their participation be institutionalized to strengthen participatory democracy? (15 Marks, 250 words)

Introduction

Pressure groups and civil society organizations (CSOs) play a crucial role in shaping public policy by advocating for various social, economic, and political issues. They contribute to democratic governance by voicing the concerns of different sections of society.

Body

Role of Pressure Groups and CSOs –

1. Advocacy and Lobbying: Pressure groups influence legislation and policy decisions through advocacy and lobbying (e.g., the Indian Medical Association influencing health policies).
2. Public Awareness: CSOs raise awareness on critical issues, mobilizing public opinion (e.g., NGOs like Greenpeace India advocating for environmental conservation).
3. Policy Research and Analysis: They provide valuable research and policy analysis, aiding informed decision-making (e.g., Centre for Science and Environment’s reports on pollution).
4. Monitoring and Accountability: Pressure groups and CSOs act as watchdogs, ensuring government accountability and transparency (e.g., Association for Democratic Reforms monitoring electoral reforms).
5. Grassroots Mobilization: CSOs mobilize grassroots movements, amplifying the voices of marginalized communities (e.g., Mazdoor Kisan Shakti Sangathan’s role in the Right to Information movement).

Institutionalizing Participation –

1. Formal Consultative Mechanisms: Establishing formal consultative bodies for regular interaction between government and CSOs (e.g., National Advisory Council).
2. Legal Recognition: Providing legal recognition and frameworks for CSOs to operate freely and effectively (e.g., amendments to the Foreign Contribution Regulation Act).
3. Inclusive Policy Forums: Creating inclusive forums where diverse stakeholders can participate in policy discussions (e.g., participatory budgeting in Kerala).
4. Capacity Building: Enhancing the capacities of CSOs through training and resources to engage effectively in policy-making (e.g., government-sponsored workshops and grants).
5. Collaborative Governance: Promoting collaborative governance models where CSOs and government agencies work together (e.g., joint committees on social issues).

Conclusion

Pressure groups and civil society organizations significantly shape public policy in India, contributing to a vibrant democracy. Institutionalizing their participation can strengthen participatory democracy, ensuring more inclusive and effective governance. A robust partnership between the state and civil society is essential for addressing complex societal challenges.

Additional Data, Committees, Examples for Value Addition –

1. Second Administrative Reforms Commission: Recommendations on strengthening civil society participation.
2. NITI Aayog’s Role: Involving CSOs in policy formulation and implementation.
3. Lokpal and Lokayuktas Act: Enhancing the role of civil society in anti-corruption measures.
4. Social Audit Mechanisms: Examples from states like Andhra Pradesh in implementing social audits.
5. International Examples: Comparing with models like the UK’s Compact Agreement for CSOs.