Day 16 Mains Questions – Ace Answer Writing Program

Question 1: The proliferation of regulatory bodies in India has led to a complex governance landscape. Critically examine the role and effectiveness of key regulatory bodies in ensuring fair practices and consumer protection. Suggest measures to enhance their autonomy and accountability without compromising on their efficiency. (15 Marks, 250 words)

Introduction

Regulatory bodies in India, established under various Acts of Parliament, play a crucial role in ensuring fair practices, consumer protection, and maintaining market stability. These include bodies like Securities and Exchange Board of India (SEBI), Telecom Regulatory Authority of India (TRAI), and Reserve Bank of India (RBI).

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Role and Effectiveness of Key Regulatory Bodies –

1. Securities and Exchange Board of India (SEBI):
   Role: Regulates securities markets to protect investor interests (e.g., enforcing insider trading laws).
   Effectiveness: Enhanced market transparency but sometimes criticized for slow decision-making.
2. Telecom Regulatory Authority of India (TRAI):
   Role: Regulates telecom services, ensuring fair competition (e.g., tariff orders).
   Effectiveness: Improved service quality, but faced challenges in implementing net neutrality.
3. Reserve Bank of India (RBI):
   Role: Regulates monetary policy and banking sector stability (e.g., controlling inflation).
   Effectiveness: Maintained economic stability but occasionally criticized for policy lag.
4. Insurance Regulatory and Development Authority (IRDA):
   Role: Protects policyholders’ interests and regulates the insurance industry (e.g., approving new insurance products).
   Effectiveness: Increased insurance penetration, yet transparency in premium pricing remains a concern.
5. Food Safety and Standards Authority of India (FSSAI):
   Role: Ensures food safety and quality standards (e.g., setting safety norms for food products).
   Effectiveness: Improved food safety standards but enforcement is inconsistent.

Measures to Enhance Autonomy and Accountability –

1. Legislative Clarity: Clearer legislative frameworks can prevent overlapping jurisdictions (e.g., defining roles distinctly).
2. Financial Independence: Granting financial autonomy to reduce dependency on government funding (e.g., self-funding through fees).
3. Transparent Appointment Processes: Establish transparent and merit-based appointment processes (e.g., public selection panels).
4. Regular Audits and Reviews: Conducting regular performance audits to ensure accountability (e.g., independent audit committees).
5. Stakeholder Consultations: Engage stakeholders in the regulatory process to enhance inclusivity and responsiveness (e.g., public consultations).

Conclusion

Regulatory bodies are pivotal in maintaining fair practices and consumer protection in India. Enhancing their autonomy and accountability while ensuring efficiency is essential for robust governance. This balance is crucial for fostering trust and credibility in regulatory institutions, ultimately contributing to economic stability and growth.

Additional Data, Committees, Examples for Value Addition –

1. Second Administrative Reforms Commission: Recommendations on improving regulatory frameworks.
2. Financial Sector Legislative Reforms Commission (FSLRC): Suggestions for financial regulatory reforms.
3. Global Best Practices: Learning from models in countries like the USA and UK.

Question 2: Despite constitutional amendments, Panchayati Raj Institutions and Urban Local Bodies face challenges in self-governance. Analyse the progress and suggest ways to strengthen these institutions. (10 Marks, 150 words)

Introduction

The 73rd and 74th Constitutional Amendments aimed to empower Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) by decentralizing governance and ensuring self-governance under Articles 243 and 243P to 243ZG.

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Progress of PRIs and ULBs –

1. Enhanced Representation: Increased political participation, especially of women and marginalized groups (e.g., reservation policies).
2. Decentralization of Powers: PRIs and ULBs granted administrative powers, leading to better local governance (e.g., local development projects).
3. Local Planning: Introduction of bottom-up planning approaches (e.g., Gram Sabha involvement in planning).
4. Increased Funding: Financial devolution through State Finance Commissions (e.g., allocation of state funds).
5. Capacity Building: Training programs for elected representatives (e.g., training workshops by the Ministry of Panchayati Raj).

Challenges in Self-Governance –

1. Financial Constraints: Limited financial autonomy and delays in fund transfers (e.g., dependency on state and central grants).
2. Administrative Inefficiency: Lack of skilled personnel and bureaucratic inefficiency (e.g., unfilled vacancies).
3. Political Interference: Excessive control by state governments undermining autonomy (e.g., dissolution of councils).
4. Capacity Deficits: Inadequate training and capacity-building measures (e.g., lack of knowledge about governance processes).
5. Ineffective Decentralization: Incomplete transfer of functions and responsibilities (e.g., 3Fs: Funds, Functions, Functionaries not fully devolved).

Suggestions to Strengthen PRIs and ULBs –

1. Fiscal Autonomy: Ensure timely and adequate financial support through independent revenue sources (e.g., local taxes).
2. Administrative Reforms: Strengthen administrative machinery and fill vacancies (e.g., recruit skilled staff).
3. Capacity Building: Regular training and capacity-building programs for local representatives (e.g., e-learning platforms).
4. Legislative Support: Strengthen laws to protect the autonomy of PRIs and ULBs (e.g., legal safeguards against arbitrary dissolution).
5. Public Participation: Enhance community involvement in governance processes (e.g., regular Gram Sabha meetings).

Conclusion

While the 73rd and 74th Amendments have laid a strong foundation for local self-governance, challenges remain. Strengthening PRIs and ULBs through fiscal autonomy, administrative efficiency, and robust capacity-building measures is crucial for true decentralization. Enhancing these institutions will contribute significantly to grassroots democracy and effective local governance.

Additional Data, Committees, Examples for Value Addition –

1. Second ARC Recommendations: Insights on improving local governance.
2. Finance Commission Reports: Suggestions on financial devolution.
3. Supreme Court Judgments: Legal interpretations strengthening local bodies.
4. Global Comparisons: Learning from local governance models in countries like Brazil and South Africa.

Question 3: Examine the role of quasi-judicial bodies in India’s justice system. How can their effectiveness be improved while ensuring they complement the regular judiciary? (10 Marks, 150 words)

Introduction

Quasi-judicial bodies are entities with powers similar to those of courts but are not part of the judiciary. They resolve disputes, enforce regulations, and provide specialized adjudication under various statutes (e.g., tribunals).

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Role of Quasi-Judicial Bodies –

1. Specialized Adjudication: Address specific areas like taxation, consumer disputes, and administrative issues (e.g., National Green Tribunal).
2. Reduced Judicial Burden: Help in alleviating the caseload of regular courts (e.g., Income Tax Appellate Tribunal).
3. Expeditious Resolution: Provide faster dispute resolution compared to regular courts (e.g., Consumer Dispute Redressal Commissions).
4. Expertise Utilization: Utilize domain-specific expertise for informed decision-making (e.g., Competition Commission of India).
5. Access to Justice: Improve access to justice for common people by providing simpler and cost-effective procedures (e.g., Lok Adalats).

Improving Effectiveness –

1. Enhanced Training: Regular training for members to update legal and domain-specific knowledge (e.g., judicial academies).
2. Strengthened Infrastructure: Provide adequate infrastructure and resources for efficient functioning (e.g., modern courtrooms and technology).
3. Clear Jurisdiction: Define clear jurisdictional boundaries to avoid overlapping with regular courts (e.g., legislative clarity).
4. Autonomy and Independence: Ensure operational autonomy and minimize political interference (e.g., secure tenure and independent funding).
5. Performance Audits: Conduct regular performance audits to identify and address inefficiencies (e.g., audit reports by CAG).

Conclusion

Quasi-judicial bodies play a crucial role in India’s justice system by providing specialized and expeditious dispute resolution. Strengthening their effectiveness through training, infrastructure, and autonomy will enhance their ability to complement the regular judiciary, ultimately contributing to a more efficient justice delivery system.

Additional Data, Committees, Examples for Value Addition –

1. Law Commission Reports: Recommendations on improving quasi-judicial bodies.
2. Second ARC: Suggestions on administrative reforms and efficiency.
3. Supreme Court Judgments: Rulings that outline the scope and functioning of quasi-judicial bodies.
4. Global Best Practices: Learning from quasi-judicial systems in other countries.
5. Parliamentary Committees: Reports on the performance and challenges of quasi-judicial bodies.