GS-II: Separation of Powers Dispute Resolution Mechanisms

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                                              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. What are the key recommendations of Justice Srikrishna committee on Institutionalization of Arbitration Mechanism? Discuss while analyzing the related issues.
                                            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. Explain "Dispute Resolution". What factors impede citizens from going to lawyers & police for their dispute resolution? How it impacts on the Indian economy and global perception about the country?
                                            9. Highlight the key observations of Supreme Court in recent judgment over River Cauvery water-sharing dispute and their potential implications over federalism.
                                            10. The very concept of cooperative federalism implies a strong centre, and state governments are largely administrative agencies for central policies. Critically discuss.
                                            11. Discuss the administrative relations between the centre and the states in the light of recent controversies.
                                            12. 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?
                                            13. Do you think Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance? Explain
                                            14. The Central Administrative Tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its powers as an independent judicial authority.” Explain.
                                            15. With the appointment of 213 Judges pending with the Government, the High Courts grow thinner resulting in a logjam of cases. Comment.
                                            16. Explain the doctrine of neutrality and its significance in context of the constitutional offices in India.
                                            17. Explain delegated legislation and administrative adjudication. Also discuss issues associated with them.
                                            18. In a right institutional setup, the judicial decision-making is not affected by post-retirement appointments. Comment.
                                            19. 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.
                                            20. Enumerate the provisions within the institutional architecture of India to resolve inter-state disputes. Assess their effectiveness.
                                            21. While the political decentralization in India has been fairly successful, it faces several hurdles at fiscal and administrative fronts. Comment.
                                            22. 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?
                                            23. 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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