Separation of Powers Dispute Resolution Mechanisms


                                      This is a dynamic E-Book comprising the below UPSC Mains Model Questions as well as their answers written by GKToday team. The PDF E-Book can be instantly downloaded after payment. No Hadcopy is provided.
                                    1. Critically examine the implications of the following developments upon separation of powers between legislative and executive in India - (1) Anti-defection law (2) 91st Amendment of the Constitution.
                                    2. Elucidate the constitutional provisions under which (1) Parliament can enact a law on subject of state list (2) Parliament can create new All India Services (3) Parliament can abolish existing All India Service.
                                    3. Law and Order should be moved from state list to union list in the seventh schedule of the constitution. Critically discuss in the light of political interference faced by police personnel impeding the functioning of police.
                                    4. Cooperative federalism is mere talk. The trend towards centralization of authority is still continued in India as evident from migration of various subjects from state list to concurrent list and concurrent to union list. Critically discuss this statement.
                                    5. The very concept of cooperative federalism implies a strong centre, and state governments are largely administrative agencies for central policies. Critically discuss.
                                    6. Elucidate the distribution of legislative powers in India between centre and states in the light of articles 200, 245, 246, 356 and 357.
                                    7. The listing of 'Public Order' in the state list under seventh schedule of the constitution denies the parliament / central government any legislative / policy-making role in matters relating to Public Order. Since many public order situations are now having national security ramifications, there is a view that "public order" should be brought under concurrent list. Do you concur with this view? Discuss while analyzing the possible implications of such move on federal structure and stating if this can be done without diluting the federal nature of our polity.
                                    8. Highlight the key observations of Supreme Court in recent judgment over River Cauvery water-sharing dispute and their potential implications over federalism.
                                    9. Do you think the water related challenges which India is bound to face in the future can be checked by a Pact between the Centre and the States?
                                    10. Discuss the administrative relations between the centre and the states in the light of recent controversies.
                                    11. With the appointment of 213 Judges pending with the Government, the High Courts grow thinner resulting in a logjam of cases. Comment.
                                    12. Explain the doctrine of neutrality and its significance in context of the constitutional offices in India.
                                    13. Explain delegated legislation and administrative adjudication. Also discuss issues associated with them.
                                    14. In a right institutional setup, the judicial decision-making is not affected by post-retirement appointments. Comment.
                                    15. Highlight the indispensability of the doctrine of separation of powers for a democracy. Elucidate the principle of ‘checks and balances’ and discuss it in context of India.
                                    16. Enumerate the provisions within the institutional architecture of India to resolve inter-state disputes. Assess their effectiveness.
                                    17. While the political decentralization in India has been fairly successful, it faces several hurdles at fiscal and administrative fronts. Comment.
                                    18. In view of the recent critique of the collegium system, comment on the differences between the collegium system and the now-scrapped NJAC system. What is the way ahead for the Indian judiciary?
                                    19. Disclaimer: These questions have been written and answered by GKToday team over the period of time; and have included some previous years questions also. While every effort was made to ensure that these questions as well as their answers remain relevent and correct, it is possible, that some facts or context in some questions might have changed over time. GKToday does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by such change of facts or context in the questions and answers of this E-book.

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