SHIKHAR Mains UPPSC Day 4 Answer English

Approach - 

1. Define cooperative and competitive federalism.

2. Discuss how they are not mutually exclusive.

Answer - 

Cooperative federalism is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.

In Cooperative federalism the Centre and states share a horizontal relationship, where they “cooperate” in the larger public interest.

Competitive federalism is a concept where centre competes with states and vice-versa, and states compete with each other.

While cooperative federalism is an important tool to enable states’ participation in the formulation and implementation of national policies, the Competitive federalism calls for state-state and state - center competition with each other for resources.

• But Competition alone cannot give the best results it is competition with cooperation that will drive the real change. There has to be a balance between cooperative and competitive federalism.

• Centre’s support would be required by some states to participate in competitive federalism. Strong states make a strong nation and to realise this vision, it requires a “Team India” approach to work for India’s development.

• Trust deficit and shrinkage of divisible pools plague Centre-State relations. Cooperative and competitive federalism can overcome this issue.

In this regard an institutional mechanism must be evolved where important decisions are appropriately discussed with states to ensure no states are left behind in the development paradigm. Examples of cooperative and competitive federalism - GST, Various rankings and indexes by Niti aayog such as - Swach Bharat ranking, Aspirational district program, State wise ease of doing business ranking.

Recently NITI Aayog calls for competitive cooperative federalism in states. After cooperative federalism it is now ‘competitive cooperative federalism’ that defines the relation between Centre and states and among states.

Q2: Government of NCT of Delhi (Amendment) Act, 2021 is having multiple inherent criticisms. Discuss. (200 words) 12 Marks.

Approach - 

1. In introduction write in 2-3 lines about NCT act and 69th constitutional amendment act.

2. Write important provisions of the recent amendment of NCT act.

3. Provide criticism for the amendments.

4. Conclude with a way forward.

Answer - 

The purpose behind the Constitution (69th Amendment) Act was to establish a democratic set up and representative form of government wherein the majority has a right to embody their opinions in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the constitution. As per the amended act, it gives primacy to the Lieutenant Governor (L-G) over the elected government in the city.

Important provisions related to the recent amendment act are as follows:

1. As per the amended act, the expression 'Delhi Government' referred to in any law to be made by the UT's Legislative Assembly shall mean the Lieutenant Governor.

2. The Act defines the responsibilities of the elected government and the L-G along with the “constitutional scheme of governance of the NCT” interpreted by the Supreme Court in recent judgements regarding the division of powers between the two entities.

3. It will also seek to ensure that the L-G is “necessarily granted an opportunity” to exercise powers entrusted to him under clause (4) of Article 239AA of the Constitution. 

4. It further states that, council of Ministers headed by a Chief Minister for the NCT to “aid and advise the Lieutenant Governor” in the exercise of his functions for matters in which the Legislative Assembly has the power to make laws.

5. It will also provide for rules made by the Legislative Assembly of Delhi to be “consistent with the rules of the House of the People” or the Lok Sabha.

6. It further prohibits the assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.

However, the amendment came under severe criticism due to following reasons:

• Violation of Article 239AA of the Constitution: The 1991 Act can be understood to be a legislation supplemental to Article 239AA, and cannot go beyond what is contained in the latter. This was articulated by a division bench of the Supreme Court in its judgment in the case of Supreme Court Employees Welfare Association v. Union of India. However, the amendment goes beyond the actual legislation.

• Hampers efficiency in governance: There has been apprehension that it will greatly reduce the efficiency and timeliness of the Delhi government as it will be now necessary to ensure consultation with the LG even when there is an urgent need.

• Further, it says that the Delhi assembly shall not make rules to enable itself or its committees to consider matters of day-to-day administration which is against the spirit of federalism.

• As per experts, the amendment nullified the decision of the Supreme Court which has clearly held that the elected government of Delhi can take all decisions within its jurisdiction and execute them without obtaining the concurrence of the LG.

• There is also no defined time-frame in which the LG will have to give his opinion to the State government. Thus, it may cause policy paralysis.

Government of NCT of Delhi vs Union of India case, 2018, the Apex court held that the government was not under obligation to seek the concurrence of the L-G on its decisions and any differences between them should be resolved keeping in view the constitutional primacy of representative government and cooperative federalism. Thus, there should be a review regarding the recent changes to avoid any potential clashes and ensure upholding the spirit of cooperative federalism.

Q3: Women Empowerment through Panchayati Raj institutions is not a myth but reality. Critically analyse. (200 words) 12 Marks.

Approach - 

1. Introduce in 2-3 lines.

2. Give some points on how PRI empowered women.

3. Discuss how women are not fully empowered and PRI failed to deliver.

4. Conclude with a way forward.

Answer - 

The 73rd amendment, among other things, handed over the reins of power to the people at the panchayat level with a 33 per cent reservation of certain seats and key positions within the panchayat to women. 

PRI as empowering institution is a reality- 

1. This offered women an unique opportunity to occupy leadership positions and change conditions for their own development and empowerment. 

2. PRI provided an environment in which women can gain not only social status, and self-confidence but fight successfully the centuries old oppression and exploitation. 

3. By and large, women sarpanchs or members attend panchayat or block level meetings by themselves and are not represented by their male relatives.

4. Women’s issues have come to the forefront at the local level and consequently state and national level.

5. Women participation has led to 

Myth of empowerment through PRI institutions - 

1. Around 80 per cent of women are not aware of rural development schemes like NREGS, GRY and funds received under these schemes. 

2. Women reservation has led only to formal and not real empowerment of women in the Panchayats. It is seen that the participation of the women shall have to get co-operation from their family members (concept of Pradhan Pati). 

3. Participation of women in preparing budget and plan is also not to the desired extent and it is dissatisfactory.

4. Social and cultural barriers: Unlike their male counterparts, female candidates are exposed to several barriers that may impact their desire to run for elected office. These barriers, are sex stereotyping, political socialization, lack of preparation for political activity, and balancing work and family.

PRIs can be the first step for political empowerment of women as the confidence and understanding of polity can allow them to participate in elections to state legislatures and Parliament paving the way from ‘Panchayat to Parliament’. It is the only beginning of a journey towards empowerment. The reservations at the local level and Women’s participation in Panchayati Raj institutions is good but are not enough for the Women Empowerment. Thus, holistic efforts are needed.

Q4: Urban local government in India has not acheived it's full potential. Discuss. Also suggest measures for effective urban local governance. (125 Words) 8 Marks.

Approach - 

1. Introduce the idea of Urban local government with the help of 74th Constitutional amendment act.

2. Highlight the positives of urban local government, then show how it has not been able to live to its potential.

3. Suggest Measures to fully achieve the potential.

Answer - 

74th Constitutional amendment act provided for the Urban Local governance in India. As per Article 243Q, every State should constitute three types of municipalities in urban areas - Nagar Panchayat, Municipal Council, Municipal corporation.

Need of Urban Government - 

a) to function as local units of self government; 

b) to provide local public services and conveniences for healthy living, work and play; 

c) to ensure planned and regulated development of urban areas; 

d) to mobilize local resources and utilize them to the maximum good of the community; and 

e) to promote social, economic and cultural development in an integrated manner

Challenges - 

1. Scarcity of Financial resources - ULB’s source of income are inadequate as compared to their function. They have virtually no money available for the development work.

2. Excessive state control - Strict control excercised by the state govt. Over urban bodies. The state govt. Excercise legislative, administrative, financial and judicial control.

3. Postponement of elections - Election to urban bodies have suffered constant postponment for indefinite lengths of time. State government does not announce fresh elections and extensions are granted to the same body.

4. Personnel Management - Manpower is low and lacks adequate training. The payscale is not comparable with the state services and promotion opportunities are few. Vacancies are not filled for years and transfers are effected at the free will of senior bureaucrats and the government.

5. Low level of participation - Due to an acute lack of civil consciousness, public participation in urban bodies has been negligible. This apathy pushes ULB’s in to state of complacency and irresponsibility.

6. ULB’s are dominated by bureaucrats which goes against the philosophy of local government.

Way forward - 

• Municipal governments should have full autonomy over the functions/ activities devolved to them. If the State Government feels that there are circumstances that make it necessary to suspend or rescind any resolution passed by the Urban Local Bodies or to dissolve or supersede them, it should not do so unless the matter has been referred to the concerned local body Ombudsman and the Ombudsman recommends such action.

• Capacity of the municipalities to handle legal and financial requirements of responsible borrowing must be enhanced.

• Land banks available with the municipalities as well as with the development authorities should be leveraged for generating resources for the municipalities.

• Citizens’ charters in all Urban Local Bodies should specify time limits for approvals relating to regulatory services such as licenses and permits and these should be scrupulously adhered to. 

• The manner of determination of tax should be made totally transparent and objective.