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Answer: 68:32
RTE Act, Section 7: Financial responsibility shared between Centre and States: (a) For most States: 68:32 (Centre:State), (b) For Northeast States: 90:10, (c) For UTs: 100% Central. Similar sharing patterns in NFSA, MGNREGA. Ensures fiscal federalism: Centre provides resources, States implement based on local needs. Challenges: (a) Timely fund release, (b) State capacity to utilize funds, (c) Monitoring expenditure efficiency. Finance Commission recommendations critical for aligning resources with rights obligations.
Answer: Make additional provisions for better realization of rights, subject to not diluting Central standards
Concurrent List legislation (Article 246(3)): Parliament and State Legislatures can both legislate; Central law prevails in case of repugnancy (Article 254). Rights-based laws often set minimum standards; States can enhance: (a) RTE: Some States provide free education beyond 14 years, (b) NFSA: Some States expand coverage/entitlements, (c) MGNREGA: Some States add more work days. Cooperative federalism enables tailored implementation while ensuring national minimum rights floor.
Answer: PUCL v. Union of India
PUCL v. Union of India (Right to Food case, ongoing since 2001): SC issued continuing mandamus directing: (a) Universalization of ICDS, (b) Mid-day meals in schools (later codified in RTE Act), (c) PDS reforms, (d) Maternity entitlements. Illustrates judicial role in: (a) Interpreting right to life (Article 21) to include food security, (b) Monitoring executive implementation through continuing mandamus, (c) Catalyzing legislative action (NFSA, 2013). Balances judicial activism with respect for policy domain of elected branches.
Answer: Awareness generation, monitoring implementation, facilitating grievance redressal, and advocating for policy improvements
Civil society contributions to rights-based legislations: (a) Awareness: Inform citizens about entitlements (e.g., RTI camps, RTE awareness drives), (b) Monitoring: Social audits of MGNREGA, NFSA implementation, (c) Grievance facilitation: Help marginalized groups access redressal mechanisms, (d) Advocacy: Push for policy improvements based on ground evidence, (e) Innovation: Pilot models for last-mile delivery. Partnership between State and civil society enhances accountability, responsiveness, and rights realization.
Answer: All of the above
Rights-based legislations are interlinked: (a) NFSA (food security) requires Agriculture (production), Rural Development (PDS infrastructure), Health (nutrition monitoring), WCD (ICDS for children), (b) RTE Act requires Education (schools), Rural Development (infrastructure), Finance (funding), (c) MGNREGA requires Rural Development (implementation), Finance (wages), Environment (asset creation). Siloed administration hampers convergence; need for integrated planning, shared databases, joint monitoring to realize rights holistically.
Answer: Adequate budgetary allocation and administrative capacity
Rights-based legislation requires: (a) Legal framework (laws), (b) Institutional mechanisms (agencies, grievance redressal), (c) Financial resources (budgetary allocation), (d) Administrative capacity (trained staff, infrastructure), (e) Awareness and participation (citizen empowerment). Laws alone insufficient; implementation depends on political will, bureaucratic efficiency, monitoring, accountability. Example: RTE Act mandates infrastructure but many schools lack facilities due to funding/capacity gaps. Holistic approach needed for rights realization.
Answer: True
Rights-based legislations transform policy commitments into justiciable rights: (a) RTE Act: Parents can approach courts if child denied admission, (b) NFSA: Beneficiaries can seek grievance redressal, (c) MGNREGA: Workers can claim unemployment allowance if work not provided. However, enforcement depends on: (a) Awareness of rights, (b) Access to grievance mechanisms, (c) Administrative capacity, (d) Judicial responsiveness. Rights on paper require institutional mechanisms and political will for effective realization.
Answer: False
RTI Act, Section 8(1): Lists exemptions including information which would prejudicially affect: (a) Sovereignty/integrity of India, (b) Security, strategic, scientific, economic interests of State, (c) Relation with foreign State, (d) Incitement to offence. Such information may be denied even if not explicitly covered by OSA. However, Section 8(2): Even exempt information must be disclosed if public interest in disclosure outweighs harm. Balances transparency with legitimate security concerns; courts decide on case-by-case basis.
Answer: Both individual and community forest rights
Forest Rights Act (FRA), 2006: Recognizes: (a) Individual rights: land under cultivation, habitat, minor forest produce, (b) Community rights: grazing, fishing, water bodies, traditional seasonal resource access, habitat for PVTGs, (c) Rights to protect/ conserve/manage community forest resources. Aims to correct historical injustice to forest dwellers; balances conservation with livelihood security. Implementation challenges: delayed recognition, conflicting claims, bureaucratic hurdles.
Answer: A multi-institutional framework combining legislative oversight, independent bodies, transparency laws, and citizen participation has evolved to strengthen accountability
India's accountability evolution: (a) Traditional: Parliamentary committees, CAG audit, judicial review, (b) Post-1990s reforms: RTI Act (2005), CVC statutory status (2003), Lokpal Act (2013), NHRC (1993), (c) Grassroots: Social audit (MGNREGA), Gram Sabha, Citizen's Charter, (d) Technology: CPGRAMS, e-Governance, Digital India. Multi-layered framework recognizes that no single mechanism suffices; effectiveness depends on institutional independence, capacity building, political will, and active citizen engagement. Continuous refinement needed to address emerging challenges like digital governance, campaign finance, regulatory capture.
Answer: True
Lokpal Act, 2013, Section 14: Extends jurisdiction to: (a) Public servants as defined in Prevention of Corruption Act, (b) Any person who is/has been Chairperson, member, officer, director of a society/trust/body corporate/NGO: (i) Receiving foreign contribution above ₹10 lakh under FCRA, OR (ii) Receiving government funding above ₹1 crore, OR (iii) Having annual income above ₹1 crore. Ensures accountability of entities handling public resources, but raises concerns about regulatory overreach on civil society.
Answer: Give written notice to third party and consider their representation before deciding
RTI Act, Section 11: Procedure for third party information: (a) If PIO intends to disclose information supplied by third party and treated as confidential, must give written notice to third party within 5 days, (b) Third party may make representation within 10 days, (c) PIO considers representation but can disclose if public interest outweighs harm, (d) Third party can appeal to Information Commission. Balances transparency with legitimate confidentiality interests.
Answer: accountability
India's accountability architecture: (a) CAG: Financial accountability through audit, (b) CVC: Vigilance administration and corruption prevention, (c) Lokpal/Lokayuktas: Independent investigation of corruption against high functionaries, (d) Information Commissions: Transparency through RTI, (e) Parliamentary committees: Legislative oversight. Multi-layered framework ensures checks and balances; effectiveness depends on independence, capacity, and political will for implementation.
Answer: Centralization
UNDP's eight characteristics of good governance: (1) Participation, (2) Rule of law, (3) Transparency, (4) Responsiveness, (5) Consensus orientation, (6) Equity and inclusiveness, (7) Effectiveness and efficiency, (8) Accountability. Centralization is contrary to good governance principles which emphasize decentralization, participation, and subsidiarity. Indian governance reforms (e.g., 73rd/74th Amendments, RTI, Citizen's Charter) align with these principles.
Answer: Three Judges Cases (1981, 1993, 1998)
Three Judges Cases: (a) First Judges Case (S.P. Gupta, 1981): Executive had primacy in appointments, (b) Second Judges Case (1993): Collegium system evolved; CJI's opinion has primacy, (c) Third Judges Case (1998): Collegium expanded to CJI + 4 senior-most SC judges. 99th Amendment (NJAC) struck down in 2015, reaffirming collegium. Ongoing debate on balancing judicial independence with accountability in appointments.
Answer: international relations
Lokpal Act, 2013: PM under Lokpal jurisdiction but with safeguards: (a) No inquiry into allegations relating to international relations, external security, public order, atomic energy, space, (b) Inquiry requires approval of full bench of Lokpal (Chairperson + at least 2 members), (c) Proceedings held in camera, (d) Complaint dismissed if frivolous/vexatious. Balances accountability with practical governance needs in sensitive areas.
Answer: Cases dynamically interpret Constitution to address new challenges while preserving basic structure
Landmark SC cases serve critical functions: (a) Interpret constitutional provisions in light of evolving societal needs (e.g., privacy, environment, LGBTQ+ rights), (b) Evolve doctrines like basic structure, PIL, absolute liability to strengthen constitutional governance, (c) Balance rights with state interests, federalism with national unity, judicial review with democratic accountability, (d) Preserve core constitutional values while enabling adaptive governance. Dynamic interpretation ensures Constitution remains living document for 21st century India.
Answer: judicial overreach
Divisional Manager (2007): SC cautioned: (a) Judicial activism necessary to protect rights, fill legislative vacuum, (b) But must not cross into judicial overreach (usurping legislative/executive functions), (c) Courts should exercise self-restraint, respect separation of powers, (d) Policy matters best left to elected branches unless constitutional violation. Balances judicial role in rights protection with democratic accountability.
Answer: Right to Information (implicit in Article 19)
ADR Case (2024): 5-judge bench unanimously struck down Electoral Bonds Scheme (2018): (a) Anonymous political funding violates voters' right to know (implicit in Article 19(1)(a)), (b) Disproportionate impact on transparency and free/fair elections, (c) Potential for quid pro quo corruption. Directed ECI to disclose bond donor-recipient details. Landmark transparency judgment reinforcing electoral democracy.
Answer: reasonable period
P. Ramachandra Rao (2002): SC clarified Hussainara Khatoon: right to speedy trial under Article 21 is not absolute; no fixed time limit. Courts must balance: (a) Nature of offence, (b) Number of accused/witnesses, (c) Workload of court, (d) Prejudice to accused/victim. If delay unreasonable and attributable to prosecution, court may quash proceedings or award compensation. Pragmatic approach to procedural justice.