Insights Daily Answer Writing Challenge Day – 50

QUESTIONS: DAY - 50!! (GENERAL STUDIES – PAPER III, TOPICS:  Structure, organization and functioning of the Executive and the Judiciary; Development processes and the development industry- the role of NGOs)

  1. Analyze the merits and demerits of creating an all India Judicial Services? (250 Words)
  2. “The history of the 20th century has persuasively demonstrated the inability of the welfare state and free enterprise to create just and sustainable societies.” In the light of the given statement,  with suitable examples analyze the role of NGOs in advancing the development process.  (250 Words)

RULES

ARCHIVES

REFERENCES

Question – 1

Question – 2

73 Comments

Filed under DAILY ANSWER WRITING, IAS, UPSC, UPSC Mains GS Strategy

73 responses to “Insights Daily Answer Writing Challenge Day – 50

  1. cs

    Q. All india judicial service.
    The all india services are a salient feature of the indian politico administrative system.they are supposed to provide uniformity in administration throughout the country.the article 312 of our constitution authorises the parliament to constitute an all india judicial service (AIJS) similar to ias, ips and ifos.
    The idea of AIJS finds support in some reports of the law commission.the national judicial pay commission, national advisory council , tje parliamentary standing committee on law and justice and tje supreme court have also endorsed the creation of such a service.
    The judiciary from the level of subordimate courts to the apex court is grappling with the twin problems of mounting arrears and unfilled vacant posts.the charm associated with an all india service and the attendant service conditions will attract many talented law graduates.
    These young recruits will later become part of the higher judiciary as one third of the posts in high courts are filled by judges promoted from the subordinate courts.this will ensure the composition of the high courts remains diverse and judicial officers from different states serving in various parts of the country.
    Many times the state public service commissions which handle the recruitment of subordinate judiciary have faced allegations of arbitrariness and irregularities in selection process. AIJS would not only bring standardisation and uniformity in recruitment parameters across states but the adherence to a UPSC type system will ensure transparency.
    The reason that the notion of AIJS has not materialised till today is because of the opposifion by some state governments on the ground that the judicial officers appointed through an all india recruitment may not be able to function effectively due to linguistic differences between them and the locals.
    Other associated demerit that some point out is that it may demoralise the state judicial officers working in subordinate courts as the AIJS officers will start their career from the level of district court.
    But a balanced analysis says that the true worth of the integrated judicial structure that we have in india will be realised only when we have an all india judicial service with officers having a national perspective and working in an environment sufficiently insulated from parochial pressures.

  2. ANKIT

    “The history of the 20th century has persuasively demonstrated the inability of the welfare state and free enterprise to create just and sustainable societies.” In the light of the given statement, with suitable examples analyze the role of NGOs in advancing the development process.

    Modern Nation states have since the treaty of Westphalia has been in a process of evolution, Nature of states being affected by various ideologies like liberalism, socialism ,minimal state etc. The Welfare state was touted to be the golden mean between a minimal and a socialist state and to have the requisites of both.
    Welfare states despite the high promises have not been able to deliver upto the mark, which is manifested by the social movements that have arisen across the world. The western world facing New social movements while the third world countries facing an amalgam of new and old social movements. The movements itself bemoans of the prevailing nepotism, corruption rife in the governemental structure and the free enterprise being turned into crony capitalism.
    In this context the role of NGO’s in the developemental process becomes significant. NGO’s have the advantage of being flexible in working , better connect with the people, has incorporated participatory planning approach.The significant examples of SEWA working in the sector of women economic empowerment, PUCL working for democratic rights of the people. Organizations like Clinton health access, Gates foundation , Astitva, Smile foundation have been working in different sectors of the society and are bringing about a revolution in bringing development to the people.
    The importance and contribution is highlighted by about 30 lac registered NGO’s in the country and been a supplementary to developemental efforts of the state, now even governmental schemes like Ujjawala are incorporating SHG’s, NGO’s in implementation. However issues like transparency , governmental control and regulation of foreign and domestic contribution to NGO’s needs to be looked into.

  3. Aspirant

    Q. Analyze the merits and demerits of creating an all India Judicial Services?

    A. The proposal to introduce an All India Judicial Service (AIJS), first recommended by the Law Commission of India in 1958, has thereafter been considered by the Executive at several instances, following endorsement of the idea by the Supreme Court, the Parliamentary Standing Committee and by the Law Commission again on two later instancesas well as by the National Pay Commission and the National Advisory Council. Article 312 of the Constitution of India authorises the Parliament to create an AIJS.

    The merits of setting up an AIJS on the lines are:
    1. Recruitment of judges by an impartial and independent agency through a transparent process will attract a large number of young graduates, who would otherwise prefer to take up practice or jobs in private firms.

    2. The judiciary in India is burdened by a large backlog of cases. One of the reasons for the same is the absence of the requisite number of judges. The AIJS can help fill vacancies by large scale recruitment to the lower judiciary.

    3. As a member of an All India Service, the recruits will be open to transfers to other states, in consonance with the policy of appointing Judges from outside the State to various High Courts.

    However, there are several demerits:

    1. The recruits may be appointed in states other than their home states and may face language problems. However, the recruits can acquire a working knowledge of the local language, by regular exposure to it in the course of their work.

    2. The recruitment is to be made for the post of District Judge, who exercises appellate jurisdiction. Hence, it will not be desirable to keep the post open to fresh graduates. Therefore, a minimum age limit for recruitment, thereby ensuring a certain level of experience before being inducted as a member of the AIJS

    The introduction of an AIJS is, thus, highly desirable.

    P.S. @Insights and others, first attempt, ever, after a whole month of hesitation. Major inferiority complex persists. :(

    Looking forward to reviews! Thanks in advance! :)

    • Why inferior? Your answer is thousand time better than a new comers so u should continue and we all were newcomer.
      1. Pls try to write thesis as introduction. It is best weapon even in worst case. And u can conclude by answering to same thesis.
      2. U could have shortened the origin of AIJS part to save word limit.
      3. Ur answer should be mature (but i m not saying ur answer is immature). U have answered the analyze part (kudos) but writing in points has limited ur matureness suggesting u know only 3+2 points.

  4. Vicky..

    1. Analyze the merits and demerits of creating an all India Judicial Services?(250 Words)
    Answer:
    All India Judicial Services can be created under Article 312 of the constitution. They have been already by 42nd amendment, so only an executive order is required for its setup. Such need of an AIS have been felt for the judiciary, and advocated by various law commissions, SC judgements, ARC 1 etc since 5 decades. Its inception will bring a new spirit in the judicial system and many other present impediments can be overcome. But due to criticism from various state governments, already against IAS & IPS, along with some High courts, AIJS has been on a standstill.
    AIJS will bring talented and high calibre candidates from various premier law institutes to the system as, recruitment by UPSC, will be based on merit. It will provide leadership and high intellect to judiciary as given by IAS and IPS to their fields respectively. Presently, the state judicial service personnel are not able to the Supreme Courts, direct entry of judges will do away with this. Even the subordinate courts are manned by less successful lawyer turned judges. The Indian Judiciary faces large backlog of pending cases(3.12 crore) due to high vacancies in all courts(around 4500). AIJS will bring All India character to the judiciary, bringing independent, impartial and a holistic system of judgement, devoid of any son of soil factor.
    However many criticisms like language barriers for outside region judges, more inclination to Union, cost of maintaining them etc have been pointed out by state governments and state HCs. Recent Cases of IAS & IPS becoming impartial and regional have further tarnished the logic of bringing AIJS. But still , such demerits do not overcome the merits of AIJS and its advocacy by many sections prove its rationality. Hence it is high time to bring AIJS.

  5. ANKIT

    Q.Analyze the merits and demerits of creating an all India Judicial Services?

    The Indian state has been endowed with a large variety of functions so as to ensure socio-economic and political justice in the country. The functions have mandated the state to have a wide array of officials in the administration, which is filled by all India services in the governmental departments.

    However, Judiciary still does not have an all India judicial service. The idea itself is not new and has been explicitly mentioned in article 312, and has been supported by various law commissions and parliamentary committees.
    The establishment of All India Judicial services would be beneficial for the judicial system and country as a whole. It would ensure recruitment of young talent through an open competition in a fair manner conducted by organization like UPSC. It would ensure that only the brightest law graduates would enter and rational recruitment is made as per need. The judicial system as a whole would benefit as there is capillarity of subordinate judiciary to higher judiciary thus maintaining a level of merit throughout and diminish nepotism and arbitrariness in appointment. The service would also ease interstate transfers with common service conditions and recruitment with all India vision.

    Critics however point to financial cost involved in establishing such a service and functional problem like linguistic problem might occur with interstate transfers. However it should not act as an impediment as language barrier can be conquered and additionally it will provide outside judges uninfluenced by prevailing prejudices or likewise. The financial part can be taken care by the taxes already collected in name of dispensing of justice.

  6. Indian

    Everything has its own pros and cons similarly implementation of All India Judicial System has its merits and demerits.
    Article 312 provides for its constitution. Parliamentary committee and supreme court endorsed it.Implementation of All India judicial system will provide the talented persons to reach the highly respected and trustworthy position of judicial service.A impartial method of appointment of judges will take place with national perspective and the transfers , promotions will be out of political influence with maintenance of its integrity at high level with transparency.
    On other side it may create a language problem in dealing with local people and age is also other factor but these should not be detrimental factor in non implementation of this system as these can be solved by training and other promotions.

  7. 11.09.13:
    1)AIJS:
    Justice is important part of any democratic system’s effective functioning. The present indian system do not look sustainable but proposed AIJS do offer capability if few ills of it can be addressed.
    AIJS is all india service body in line of IAS, IPS & has been approved both by union democratic institution-Rajya sabha(through resolution) and Supreme court.
    On positive side, AIJS offers solution to problem of quantity of arrears in Indian judiciary. India have more than 3 crore pending cases and large part of blame goes to present system which was not able to fill vacancies. The reflection of this is 10.5/million(standard is 50/million) judge to population ratio. The present system works through both need of years of experience and a covert mechanism of promotion. This has took away dynamicness of judiciary as on one hand it is very lengthy process and on other hand it promotes non transparency, nepotism & favoritism. The lengthy process keep young talent away and later promote corruption with inefficiency. AIJS also seek to establish uniformity in selection driven by talent & competitiveness. And thus in future it shows prospect of strengthening higher judiciary. The block of transfer too can be removed.
    On negative side, AIJS official will directly be appointed district court which would subordinate the state selected officials & could invoke another federalism conflict. The non native language issue of AIJS official could limit his role considering ruralness and diversity of india. Experience is part in key position of judges and it would be hard tsk for AIJS capacity building system to address it.
    To conclude, AIJS seems better option towards justice and rule of law concept from present but have issues though addressable.

    • Anny Middha

      the point that present system need years of experince also acts as an issue to AIJS proposal. since AIJS would straight away handle a appellate postion of district judge which needs experience.
      And you said that present system has a lengthy process, true, but how does AIJS rectify it?
      Also there is n federalism conflict, i guess. ( please correct if i am wrong)

      other than this i liked structuring of your answer:)

      • raghusharmag

        1.I am not exactly aware but in subordinate courts for district judge appointment there is a condition of atleast 7 year of advocate period. AIJS have no such condition.- my mistake that i didn’t mentioned it.
        2.Appointment of all other person (except district judge) are through state service & by governor but AIJS through a union level body a bit similiar like IAS & later do have federalism conflicts.
        I too felt that i should have shortened 3rd para & could have included reforms for negative.
        Thks for ur comment

  8. Vicky..

    2. “The history of the 20th century has persuasively demonstrated the inability of the welfare state and free enterprise to create just and sustainable societies.” In the light of the given statement, with suitable examples analyze the role of NGOs in advancing the development process. (250 Words)
    Answer:
    NGOs are the part of civil societies which organize themselves, to work for various interests of people ,selflessly, with a non profit ideology. The inability of welfare state and private sector to provide sustainable societies have led to emergence of the third realm of the democracy. NGOs provide participation, transparency and ensure more accountability in the Governance process.
    In India, they have evolved significantly and now working in almost all walks of life. They even participate in policy formulation and implementation, such as through National Advisory Council to provide more realistic and ground realities to the Government. NGO’s like Transparency International and India Against Corruption have worked relentlessly in bringing transparency and eliminating corruption. Pratham , Action AID, Amnesty International are working in fields of Education, Research and Awareness of people respectively. In the arena of Sustainability and Environment protection, Green-Peace India, TERI etc and various public downpours such as Chipko Movement and Narmada Bachao Andolan have been working for Environment Protection . Social Audit by MKSS through ‘Jan Sunwayee’ has been a bulwark in ensuring accountability.
    The major advantages with a NGO are that it can reach more remote corners and have more accessibility to voices than a government tries to have. They can promote awareness with a more informal approach among people about various government programmes and ensure that they receive them. NGO thus can work for pro-poor governance much more efficiently.
    A setback can be seen in the fact that India alone has 3.14 million NGO’s , still the picture is not up to the mark. Hence more regulation and development of professionalism in NGO organisation needs to be done. Their participation in a sine qua non in a democracy and make it much more vibrant.

    • Hi Vicky,
      You have not analyzed, but elucidated the role of NGOs. Analysis means breaking into parts and studying their relationships.

      The last paragraph is not needed as the question does not demand suggestion or opinion.

      Overall, the answer is quite good.

      • Vicky..

        elucidation is a subset for analysis Aditya.. I have concluded by analyzing their importance, apart from the advantages which they should build upon, as the executive has some limitations..:)
        What else should have been done in analysis??

  9. Q2. Analyze Role of NGOs? (250 words)

    (Based on memory)

    Development is one of the most widely used but least understood terms. Construed largely economically, little focus was laid by the state or the market to advance it in political, social and environmental spheres especially in the rapidly growing 20th century world- a task that the NGOs have taken up given this mis-governance.

    Political empowerment essentially means safeguarding rights and representation. International NGOs like Amnesty International and Human Rights Watch have consistently fought against human rights violation such as execution, ban on freedom of speech, denial of right to asylum etc. They have also pressed international forums for right and just policies and action. Association for democratic reforms in India has been active since late 20th Century, for putting an end to criminalisation and money power in politics resulting from politician-corporate nexus.

    Economic empowerment, not in market’s domain, was taken up by SEWA in India since 1960s enabling women to open their own micro-enterprises, by providing training and finance. Goonj, a NGO in India, provides clothing and books to the underprivileged connecting them to the mainstream.

    Closely linked with political and economic exclusion is social exclusion and injustice, rendering women, disabled and children the most vulnerable. All India Women’s Federation(AIWF) has consistently taken up the voice of the downtrodden to the administration.

    Skewed and unsustainable social-economic development results in environmental degradation, global warming and wildlife extinction- issues taken up by international NGOs like Greenpeace and WWF.

    Seen comprehensively, there is a lack of coordination among NGOs from different spheres, but they have definitely filled the vaccum between the state and the market, by empowering those who are neither counted for votes nor money.

    • phani

      well written aditya but gave an impression that it was india centric though u wrote about some of the international NGO’s. the term ‘mis-governace’ in the first para gives an impression that , ur answer is going to be mainly againt the state but u balanced well in the later part. it would have been better , if u would have included the reasons why welfere state/free market did not do something which were done by the NGO’s effectively,that is the central point of the question. and dont break it up as social , economic , political parawise , its becoming a little predictable..thank you..gud answer.

      • Hi Phani,

        Thanks for the feedback. It helps.

        Governance essentially means service delivery through a network of institutions, including the private sector. Its contemporary meaning is not confined to only the institutions of the state.

        Also, as the question was on the analysis(not examine or assess) of the role of the NGOs, hence, i had to break it down into several parts like political etc. I have also tried to hint in my paragraphs about the unwillingness of the market- if you read between the lines and look at the conclusion.

        I would try to make the answer more global and less India Centric.

  10. Q: Analyze the merits and demerits of creating an all India Judicial Services? (250 words)

    A: The idea of an all India Judicial Services has been burning on the backburner for an eternity. It has been backed by several law commissions, different rulings of SC has urged upon the need to create IJS. In fact the idea finds mention in the constitution itself in article 312.

    The objective behind All India Judicial Services would be to create a uniform judicial cadre across the country on the lines of other all India Services like IAS, IPS, Civil Services etc. Currently the judicial officers in lower courts are appointed by State HC from the bar. However there is always an element of discretion which discourages successful lawyers to join judicial services. AIJS intends to attract the young, bright law graduates by offering them a level playing field. This would help improve the quality of judicial officers at all levels subsequently and hence bring a positive effect on the quality of judgement.

    Further the creation of an all India judicial cadre would help the officers abandon the state preferences and hence introduce the much needed outside element into the courts. However the biggest benefit of such a move would be fast tracking the recruitment of judges for subordinate courts which is currently operating with near one-fifth of the required strength.

    However there are some genuine concerns which must be addressed. The AIJS should not erode the federal structure of the country by curtailing state’s say in judiciary. The services should be planned in a manner that those coming through IJS should also have an opportunity to beocme CJI. Apart from sound legal knowledge, the ideology and outlook of a candidate is also looked at while selecting judges. However IJS may be prove to be too mechanical an approach to cater to these imperative needs. Further states have objected to appointment of judges from outside the state as they may not be able to appreciate the cultural nuances of a diverse country.

    In all, IJS seems to be a novel idea which must be introduced because of its inherent advantages but only after taking into consideration the different reservaions express by various stakeholders.

  11. Sarang

    The government is exploring the proposal of creating AIJS on the lines of UPSC Civil Services. In today’s era where Accountability is of paramount importance the clamour for AIJS is certainly growing. AIJS has been recommended by the law commission as many as three times and art.312 mentions it explicitly. Today, almost 15-20% of our sanctioned strength of judges in the district and sub-ordinate courts are vacant. Even in the higher courts almost 300 vacancies lead invariably to huge backlogs of cases and the justice gets delayed.
    The AIJS if created in right letter and spirit, would definitely pave the way for the bright young law graduates who see remunerative jobs right after graduation to join the judiciary. It would also provide a wider canvas to a district judge who is currently restricted to his provincial boundaries. It would also help in filling up the vacancies and at the same time ensuring quality standards across the nation. It would also result in better co-ordination and knowledge sharing amongst judges in various states. The merit oriented process would help the clouds regarding mysterious manner in which judges are recruited dry out.
    There is also a possibility that AIJS appointee being not well aware of vernacular language would fail to comprehend the witness’s statement and arguments first hand which could jeopardise his judgement. And the cost of setting up this huge machinery is very huge as well.
    But, the AIS officers have proved that the language barrier could be overcome by small efforts and the cost argument should not be held in blocking something as important as timely justice.

  12. vipul

    Analyze the merits and demerits of creating an all India Judicial Services
    Proposal to introduce the All India Judicial Services to recruite candidates at subordinate judiciary level has been under government consideration for long. Proposed AIJS will provide the all India cadres for the post of subordinate judiciary (district judge level)
    Some of merits and demerits of AIJS are highlighted as under:
    Merits:
    • Countries have judge’s deficit starting from subordinate courts to supreme courts. Courts of India are sitting on huge backlog of 30 million cases. Merely increasing the number of court to handle more cases will not solve the purpose if the quality of judges is compromised. AIJS can help to reduce this gap by providing talented and well trained for judicial services.
    • AIJS will introduce more transparency and fairness in the Judges selection process.
    • AIJS will be able to select the bright candidates at very young age. Under current system, subordinate judges are recruited from pool of lawyers where most successful lawyers refrain from giving up their lucrative profession as lawyer.
    • Measures of Uniformity in standards of selection will improve the quality of personnel in high court as most of the judges in high court are selected from the subordinate courts. Quality of judges has not been uniform as few good judges are more overloaded under the present system.
    • As the judges of high court are selected from the subordinate judges and supreme court judges from the high court judges, AIJS will improve the candidates quality from bottom to top of judicial machinery.
    Demerits
    • Under present system High court have better control over subordinate judiciary systems and insulate from executive intereferene.AIJS might compromise the independence of judiciary
    • Court at level of district and session judges transact their business in local language which all India level recurits might find difficult to adopt and ultimately dispension of justice will suffer.
    • Under present system , selection to subordinate judiciary is done by high courts and the exam is conducted by state public service commission. AIJS will give this responsibility to UPSC that might be an assault on the federal structure of the country.

  13. Anny Middha

    I didnt understand the first demerit. Since open examination ll provide impartiality rather than executive interference

  14. M ANISH

    2 Q…Ans….
    our national struggle for independence which lasted almost for 2 centuries had the objective, solely, to establish democratic and welfare state. After independence, people’s representatives of this country made promises to fulfill these concerns and meet the basic needs. But, they have been failing for the last 6 decades in fulfilling the promises. Public policy making in our country is largely participatory process and it is fielded by only the power elusive politicians and elite bureaucracy.

    with the failure of government there occurred a paradigm shift in the society,where society also started to make it’s contribution in establishing welfare state by the way of organizing themselves into a voluntary organizations like NGO’S, pressure groups etc. NGO’S are voluntary, heterogenous groups which formed to meet the common interests. these groups draws people from all walks of life and they channelize their efforts to meet the ends they have taken upon. ngo’s can be better understood by their type of orientation and level of cooperation. ngos’ are categorized based on the type of orientation like service orientation,development orientation. NGO’S play a vital role in the development of indian society. these groups are largely participatory in decision making and they influence opinions of public policy makers. ngo’s have extensive grass root networks which enables them to reach the people and make them to participate in the decision making process. With the emergence of ngo’s people have transformed from passive recipient to active participants. Ngo’s have been increasingly involved in the policy making process, community led development projects, Track II diplomacy etc.

    in recent years there have emerged many NGO’S which are so huge and some of them are operating at the international arena. ngos like OXFAM,Pratham, Save children etc, have been supplementing and complementing the efforts of government. Even though ngo’s are largely successful, there are some inherent weaknesses which are plaguing them and causing annoy in their operations. Most of the ngos’ face the problems like financial deficit to meet their operational needs, lack of human resources etc.

  15. Anny Middha

    Judiciary is the guardian of democracy but India’s judicial system is plagued with a backlog of cases, large number of vacant positions and poor judges to population ratio. Thus inefficiency in discharging justice.

    To remedy this, various authoritative sections, PSC; Law Commission; SC; NAC, have upheld the proposal of AIJS.Article 312 of Constitution also provides for same.

    If implemented, AIJS ll bring a positive change as young talented law graduates ll be attracted to judiciary who now go for jobs in MNCs. Thus only less successful(in practice) lawyers end up in judiciary and eventually reaching to higher courts , which is a serious concern.

    Also the present system of appointment is opaque and arbitrary. The recruitment to AIJS ll be done by an independent and impartial agency which ll bring uniformity in standard of selection. This ll also bring transparency.

    Further this ll bring outside element in High Court. And also rectify the mantal block of inter-state transfer.

    However some SGs and HCs oppose that judges from different regions ll not be able to understand the language and cultural nuances of the region. It is also argued that AIJS recruited through tests ll not have any experience in law but they ll straight-away take the job of a district judge which is a applellate postion.

    These issues can be resolved as with continuous working in different area, AIJS ll become aware of language and culture. And the minimum qualification for AIJS can include some years of experience.

    The novel idea of AIJS should thus be implemented to tone up our judicial administration.

    Please review all!

    • Anny Middha

      Insights my teacher has pointed out that my writing needs enrichment of the text. a gramatically better language
      b Brevity of expression
      please review my answer on these and other grounds

      • raghusharmag

        1.Try to express as simple as possible & pls write- will & not ll,u can for once write complete form eg SG(state government).
        2.Article 312 is about special power of rajya sabha by which it passed resolution to create AIJS. 1st law commission suggested it. You can refer this link http://lawmin.nic.in/ncrwc/finalreport/v2b1-15.htm.
        3.Had it been more deep it could have been very good answer

      • You have used good language and brevity is there too. You have split answer into many small paragraphs – this makes it easy to sail through your answer and it looks good too.

        To get good score, content is more important than exhibition of mastery over English. Writing in simple, error free language with relevant points is actually more impressive.

        Your answer is simple. Certain points are missing (eg. demerits) Analysis involves deep examination of parts – here merits and demerits. Some more depth was needed.

        • Anny Middha

          Thanks for the insightful view.:)
          You have been of consistent great help to me:)

        • sai

          Sir, what do you mean by answer is lacking depth. For me it appears good. I am not able to distinguish those terms clearly even after reading your blog. Can you explain us where exactly the answer is lacking depth and how to improve the depth. It will help us writing good answer. Kindly consider writing your model answer each day. So that we will have a yardstick to measure against. Thank you. Looking forward to your explanation.

          • Depth means two things: one is packing more meaning in less words; second, making interconnections between sentences and paragraphs using connective and transition words.

            When you do these, your answer appears more mature. In the above answer, the demand of the question – to analyze – is partially met. This answer is good to get decent marks, but I am trying to up the ante here. The five papers in Mains are common to every candidate, so to be competitive and score good marks, you need to pack more in your answer within the word limit.

            Providing a model answer is not a good idea. Every one has their own style and competence, that should reflect in their answers. A model answer can be given to an optional subject like Geography or Mathematics, but for GS it shouldn’t be.

        • sai

          Sir, one more point for me analyze the merits and demerits, list merits and demerits appears same. I think many answers are written like that only. What is the difference b/w the two.
          Please comment.

  16. SD

    1. Analyze the merits and demerits of creating an all India Judicial Services?(250 Words)
    The significance of All India services in our federal polity has been to maintain uniformity and standard of service delivery. Apart from the three all India services of IAS, IPS and IFoS , the constitution has also provided for an All India judicial services in Article 312 through the 76th amendment act 1976. But this provision has not been implemented as of now.
    An all India judicial service would provide uniformity in the judicial standards across the country and improve the quality of the recruitment process. The personnel selection process would be greatly streamlined as it would be done by an impartial and independent agency like UPSC and would further help in attracting more number of talented young law graduates. This would also lead to better training facilities, better and uniform service conditions, judicial positions would be filled in a streamline way and delays could be minimised. It would also lead to a well defined career development path for the judicial officers.
    The uniformity in standards will improve the quality of personnel in different high courts as substantial number of judges comes there on promotion from subordinate courts. This would lead to minimising the arbitrariness in the judicial selection process as only persons of proven competence will preside over the benches of higher courts. And this higher competence of personnel would further help in improving the standards of dispensing justice.
    However, there are certain issues which obstruct the way of creating such a service. Primarily, it would change the way states are recruiting judicial officers and hence a consensus needs to be reached in our federal setup. The move is also criticised on the ground that a district judge coming from a different linguistic region would have difficulty in assessing the local issues. The issue of financing a new all India service is also raised by the critics.
    But, if the main issue of consensus among centre and states is reached other issues could be taken care of and a step in the direction of judicial reforms could be taken.

  17. SD

    1. “The history of the 20th century has persuasively demonstrated the inability of the welfare state and free enterprise to create just and sustainable societies.” In the light of the given statement, with suitable examples analyze the role of NGOs in advancing the development process. (250 Words)

    Post Second World War has seen the transformation of the roles of the state as it was realised that state need to work for the all round development of the citizens and not just limited to law and order issues. The concept of welfare state was supposed to create just and equitable societies through interventions in the field of health, education and so on.
    India also assumed the role of a welfare state after independence and significantly inventing in critical areas to improve the life of its people. Various programmes of community welfare, poverty alleviation, health improvements and so on were taken up in the initial decades after independence but did not delivered the desired results. The reasons for this were at the level of both policy making and its implementation. The top down approach where it was considered that the requirements of people is understood better by the ruling class and its implementation without taking the beneficiaries into confidence were the main reasons for the failure of such interventions.
    It was in the light of such issues it was considered to have some institutional mechanism to work at the grass roots level closer to the people so that the participation of people in their development could be achieved. This is where the role of NGOs was highlighted and these originations were included in the implementation of several social sector initiatives.
    NGOs have since been part of many initiatives like SHG bank linkage scheme, ICDS, and recently in MNREGS. These organisations have the advantage of working in close collaboration with people and they have basic knowledge of the requirements and impediments of implementation. They help in creating awareness among the people about the programmes and thereby reduce any resistance or inhibitions people might have regarding new initiatives. Thus NGOs have become an integral part of major social sector interventions and help in proving the last mile delivery of benefits.

  18. cs

    Q.NGO
    The newly independent countries of the third world were faced with the huge tasks of nation building and restructing their socio-political and economic systems.to meet the needs of the poor ,downtrodden and the infirm the governments there donned the role of welfare state.
    But this model of development wherein the states started providing various services in the field of education, healthcare and so on, soon proved to be unsustainable.the concessions and subsidies put the government’s finances under strain.moreover the unresponsive bureaucracy, the leakages and corruption made the efforts ineffective.
    The disenchantment and disillusionment with the failure of government programmes to remove poverty and achieve socio economic equity coupled with the clamour for neoliberalism resulted in a market oriented model of development. The trickle down effect of rapid growth in output of goods and services in tje economy was touted as a remedy to overcome inequality and underdevelopment.

    This model proved to be a failure because the development needs of the poor cant be reconciled with the commercial interests and profit motive of the market players.it was this vacuum created by the market and the state that was occupied by the ngos.

    The ngos are strongly linked to the grass roots, they provide flexibility, have ability to innovate and adapt and through their participatory methodologies usher in a bottom up development.

    In india there are myriad ngos and their activities can be broadly divided into provisioning of service and advocacy.the ngos can collaborate with the government or work independently to provide services in various social sectors. (Eg. Pratham, akshaya patra.)

    The advocacy ngos strive to empower the people by giving them voice and preparing them through awareness creation and mobilisation to resist discrimination and exploitation . This results in
    Instilling confidence in the people to assert their rights and demand entitlements.

  19. vipul

    The history of the 20th century has persuasively demonstrated the inability of the welfare state and free enterprise to create just and sustainable societies.” In the light of the given statement, with suitable examples analyze the role of NGOs in advancing the development process.(Crossed word limit)
    Expected role of free enterprise and welfare state was that enterprises will work more efficiently, create more jobs & earn profits with limited government control and welfare states will redistribute the profits among people. Base on 20th century experience, the whole concept of trickledown economics has failed. For ex: In India. Post 1991 (era of free enterprises) very small portion of middle class has grown richer and more than 50 % of Indian population is still suffering from multi-dimensional poverty. State polices have favored the enterprises neglecting the concept of common good. Failures of state & free enterprises in providing services have created a vacuum that has been increasingly taken over by the non-government organizations.
    NGOs have been playing different roles in the development process of society. Some of them are discussed as under
    Advocate of basic rights:
    NGOs have always worked to promote & protect the basic rights of people. In India, several national & international NGOs are working among the different group like tribal, Dalits, women ,children etc. to protect & promote their basic human rights. For ex: NGOs like Ekta Parishad for Dalit, CRY for children etc. are working to secure the rights for people in respective groups. MNREGA program was launched in response to demands of right to work for poors,raised by several NGOS and activists.
    Basic services:
    Many NGOs are providing or sponsoring the basic services like education, nutritional support,healthcare etc. where government schools, hospitals, or basic infrastructures are not available or not affordable. Ngo like Plan India & several others are sponsoring the children education in India. Akshaya Patra is the largest NGO managed mid-day meal programme ,poviding nutritional support to the poors.
    Employment opprtunities
    Several NGOS have been engaging the poor people & vulnerable group like women in employment apporutnities. For ex: In India, SEWA is an organization where women earn a living through their own labor or small businesses. NGOs are also imparting vocational training to people to undertake self-employment and also assisting them in marketing their products & services.

    Governance and accountability

    Green peace and other NGOs are working globally to raise awareness among the people about the potential impact of government policies like GM crops approval, nuclear plant setups other so that people could form a pressure on government to not under-take such decisions in hurry.

    Civil society in India has used the activation of public interest litigation in 1980s as an effective tool to bring government policies to supreme court scruitinization.NGOs are also evaluating the government program functioning & outcome and their impact on beneficiaries and expose the discrepancy. Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan that forced the state government to pass the right to information Act in 1997 that was later implemented at national level in 2005.

    • Kirthi

      Awesome points.

      Some other CSOs like loksatta responsible for electoral reforms( getting the contestants to disclose assets, criminal records, education qualification ), helped in the mid term appraisal of the FYPs, acting in the social audit of various govt. schemes etc.

      What is the difference between NGO/CSO?

  20. 1. Analyze merits and demerits of an all india judicial services.

    An effective judiciary is an integral part of democracy. Indian judiciary is confronted by several issues that undermine its working like

    1. Large number of vacancies
    2. Huge pendency
    3. Allegations of corruption, nepotism, favouritism
    The current system of recruitment of judges is far from ideal. Any organisation is as good as the personnel manning it. This is true with judiciary as well. Thus there have been demands from various quarters including judiciary itself to introduce an All India Judical service. It is pertinent to analyse implications of having an all india judicial services

    Merits
    • Transparent recruitment
    • Attract best and bright minds
    • Timely filling of vacancies
    • Less chances of developing vested interests
    • Enhance prestige of a judge
    • Generate healthy competition to excel
    Demerits
    • Language barrier- proceedings in most of lower courts are in vernacular medium
    • Judgements are based not only on laws but also the social surroundings. A judge from another state may not be aware of the local society
    • Existing all india services have also been prone to corruption and nepotism
    Hence a decision on introducing all india judicial service needs to be well thought out

    • ecebloggers

      @insight

      Congrats on successfully sustaining this initiative for 50 days.

      Please provide your insights on my answer

      • Thanks Bharat. It is you guys who made it possible.

        Regarding your answer, it has all the points and a good structure, but ‘analysis’ part is missing. It is not missing per se, but appears so because of absence of paragraphs.

        The conclusion is good as it flows from the sentences preceding it.

        But when it comes to content, there is no complaint.

  21. sameera

    1. Analyze the merits and demerits of creating an all India Judicial Services?(250 Words)
    Current Judicial system with limited number of judges to handle huge backlog of millions of cases at all levels of court is causing a necessity to fill the courts with high class talented judges through creating similar recruitment procedure as IAS, IPS etc..
    As of now while most of the government department have an All India recruits selected by an All India competitive exam conducted by UPSC, there is no such set up in judicial system.
    The plan is based on the recommendation of the department related parliamentary committee on public grievance, personnel, law and justice. Even it was recommended by law commission in its 1st, 8th & 11th report, in its 2 judgement by supreme court and in Article 312 of constitution to set up All India Judicial Services.
    The advantages it will have are-
    - The recruitment will be conducted by an impartial agency like UPSC through an competitive exam and thus will attract young talent.
    - As the person with proven ability will preside over the bench of superior and subordinate court it will improve judicial system while providing qualitative justice from bottom to top.
    Despite all this the proposal has been criticized on the ground that-
    - A district judge belonging to other linguistic region having inadequate knowledge of regional language would deteriorate judicial efficiency with regard to understanding and appreciating parole evidence pronouncing judgement.
    - Promotional avenues of the member of state judiciary would be curtailed causing loss to those who have already entered the service.
    - Subordinate judiciary will become free from the control of High court judiciary.
    Though an enthusiastic candidate would adapt to the local conditions while learning local language, it is not a matter of concern.
    Thus in the country like India where providing equal justice to all the members of the society is the priority, it is important for the Government to establish such set up.

  22. SREEJESH

    Analyze the merits and demerits of creating an all India Judicial Services?

    The Centre is mulling over the idea of creating an All India Judicial Services for quite a long time. The Law Commission, the Parliamentary Standing Committee,many such other institutions and even Constitution under Art.312 has prescribed for the creation of AIJS.
    The creation of All India Judicial Services will certainly help in attracting the promising and young talents of Our country to sit on the throne of justice.As the credit for smooth functioning of administrative machinery largely goes to All India Administrative Services,similarly Judicial machinery can be made more efficient by the introduction of AIJS. More than 30 million cases are pending in various lower and higher courts.About 15-20% seats of Judges are lying vacant.The AIJS set up can really help in tackling this issue by filling up the seats at lower judiciary through open competition periodically.AIJS will also help in enhancing the quality of judgement as it gets best from the pool of talent.The problem of transferring of Judges to the courts in other states will also get reduced as the AIJS selected Judges will have no problem in getting posted anywhere in India.
    Nevertheless the above merits,there are some issues which has prevented the creation of AIJS so far.As of now about 13 out of 21 High Courts have rejected the proposal.Their main concern is that the Judges selected through AIJS will have language problem while dealing with local people.The another issue is the cost of creation of AIJS and the required machinery to run it.Also the State Judicial Officers have reservations regarding AIJS as they will start their career directly from district Court.
    The Centre should carefully analyze the pro’s and con’s of the issue and bring the necessary bill in the Upper House after taking a balanced view while facilitating the way for creation of AIJS.

    • SREEJESH

      INSIGHTS please give Your valuable suggestions.
      Thanks.

      • Well balanced answer.

        One observation: while explaining demerits, you started as ‘there are some issues which has prevented the creation of AIJS so far…’ – issues preventing it are technical and are different from its demerits.

        But, after this sentence you have aptly explained demerits. My point is that the sentence above is not apt there.

        Otherwise, answer is very good.

  23. pallavi

    Q
    Analyze the merits and demerits of creating an all India Judicial Services?
    ANS
    Formation of All india judicial service is incorporated in our constitution by 42nd amendment act, which expressively aims for formatio of ALL INDIA JUDICIAL SERVICE. 1st Law commission report mooted the idea for creation of AJS .After that it has long been debated by the States and intellectual.
    It has been favoured by some states like UP,TAMILNADU,GUJRAT, MAHARASTRA etc, whereas some states are against of it like KARNATKA, ARUNANCHAL etc.Indian courts are flooded with pending cases and it will take another 200 yrs to dispose them provided new cases not being filed. There is a huge gap between the requirement of judges and appointed judges.Quality of judges in subordinate court is also questionable.

    In these circumstances demand for formation of AJS has become more prominent now. Some valuable merits have been tabled for formation of
    All India Judicial services like-
    -timely recruitment
    - gap between requirement and demand can be fullfilled.
    -Selection by Impartial recruiting agency
    -it will attract more skilled and talented brain from all over india
    -Judgement will be given by highly qualified people
    -speedy disposal of cases
    -Interstate transfer will be more easy, as they will have notion of being from all India service
    -Influence of states over judgement can be minimised.
    -it will creat more cohesiveness between courts
    Along with its merit some apprehensions also have been surfaced
    like-
    - Due to not being aquinted with local society and culture the quality of judgement may be affected.
    -Language may act as a barrier for judges recruited from outside
    But these apprehension are miniscule against of its merit because problem of language barrier and culture can be easily overcome after some training as we are witnnessing in other all india services like IAS and IPS..

  24. pallavi

    HI Insight please review it, i think my ans is best ans in all ans

    • pallavi

      Hi insight u should feel proud bcz some of the student visiting ur site will qualify for sure ,
      and ur attacking on the core area of UPSC

    • Your answer has all the points (actually has more points) but ‘analysis’ is missing. Instead of giving merits and demerits point wise if you had presented them as few paragraphs with analysis, it would have been better.

      Analysis constitutes going into some detail into each point by using connective and transition words between sentences and paragraphs. This makes your answer look mature and impressive.

      Your answer is not the best answer :-) But your claim made me review your answer. Good ploy!

  25. AVINASH BHASKER

    Analyze the merits and demerits of creating an all India Judicial Services? (250 Words)
    The idea of creating an All India Judicial Service on the line of All India Civil Services has always been a part of much talked judicial reform. Various law commissions, parliamentary standing committee on law and justice have also recommended for the establishment of AIJS. This scheme will certainly have a number of advantages, some of which are following:
    1. This will add quality to the existing judges appointment system as the appointment of judges at the entry level through an open and transparent examination conducted by an independent commission will ensure recruitment is done on the basis of merit.
    2. More and more students will be attracted to the law stream as not every student can afford practising as a lawyer after pursuing law courses as it is just like doing a private business.
    3. It will also facilitate the process of appointments to the higher judiciary levels i.e. appointment as a judge to the various High Courts and The Supreme Court as the selection will be among the people having proven competence.
    4. Given the volume of pending cases and opaqueness in judgement at the lower courts, this certainly raises a hope that these young talented people will dispose the works at much faster speed, efficiency and propriety. This will speed the pace of the functioning of the judiciary, as it is said that justice delayed is tantamount to justice denied.
    5. It will be a respect to our constitution as Art. 312 of the constitution has clearly specified for the creation of the judicial service at national level.
    Though there is apprehensions among some quarters on the basis of following grounds:
    1. Given the diversity in languages across the country, the people from other language would not be able to deliver the justice efficiently to the local people.
    2. The institution of AIJS will stress upon our financial reserves.
    But these apprehensions are not well founded. Our constitution under Article 19,clearly says that a citizen of India is entitled to reside and settle in any part of the territory of India and can practise any profession or carry on any occupation. Article 16(2) specifically bars discrimination based on place of birth or residence in the matter of public employments. Moreover, people can easily learn other Indian languages and the benefits of this system in terms of quick and just delivery of justice to the people will be far more than the investment in terms of the finance.

    @ Insight, please assess my answer and guide me. Thanks.

    • Word limit? (410 words!)

      Analysis is not there. Instead of giving merits and demerits point wise if you had presented them as few paragraphs with analysis, it would have been better.

      Analysis constitutes going into some detail into each point by using connective and transition words between sentences and paragraphs. This makes your answer look mature and impressive.

      Both introduction and conclusions are good. Actually, your conclusion makes good analysis – this is missing in rest of your answer.

  26. Vijay Pateriya

    MERITS AND DEMERITS OF AIJS

    On the back of piled up cases ranging in lakhs paradoxically combining with the vacancy in judiciary ranging from around 4000 in lower judiciary to 7 out of 31 in Supreme court,placing money on AIJS suggested by Law commission,PSC,NAC could prove to be a viable option worthnoting its merits and demerits.
    Proposing recruitments to subordinate judiciary on the basis of competitive exams like IAS,IPS will surely improve the standards of appointments with best merit lawyers competiting for it.With all India character of Examination a candidate with best attitude and judgement skill will reach the moraled echelons of judiciary.
    As 1/3rd of HC judges are supplanted from among the subordinate judiciary thee character of standards will reach the HC benches and from there further to SC.
    The character of exam will also make inter-state transfers of judicial officers smooth as in the current system they remained confined to their own states of recruitments.
    There are also some criticism like language barrier in opting for AIJS and funds required for conducting procedure.AS for language,sure it is a problem,but young recruits can master the regional language quite willingly.Second for funds court fees instead of lending weights to state treasury could be channeled to spent on it.
    Acknowledging the role of judiciary envisaged by our Constitution and it s importance among the people,it is desired to free its appointments from the arbitariness,puzzled process of state government & put it under a well functioning specialized body like UPSC.

  27. Vijay Pateriya

    HURRAY………
    50!!!!
    please review my answer insights

  28. TR

    Q1) AIJS:
    Judiciary is most important organ of governance in any democracy and mosre so for India as our constitution provides for Social,Economic and Political Justice as the objective of the democratic republic in the preamble. Thus it is quite crucial for Indian republic to have a free,fair and competent judiciary which should be able to fulfill the above objective successfully. And for this, it is quite imperative that the persons who will become the lynchpin of judiciary, be selected via a competitive examination, conducted by an indepenedent authority on an all India basis with the merit being the sole basis for selection and this same purpose is fulfilled by creation of All India Judicial Services which even finds mention in A-312 of Constitition.

    By making a uniform selection process based on merit alone and completely immune from any executive and judical authority will ensure that only the most competent and dedicated persons would head the judiciary. It would provide equitable service conditions for the judicary throughout the country.

    As the judges will be given appointemnt based on the merit alone, the judges would be genrally be from outside the local regions, there would be minimal chances of influence of local advocates, bar unions and other regional influence and will enable them to deliver the justice without any external pressure.

    Though there are certain issues such as if a judges is appointed to a a different linguistic region, there is a possibility that she might not be able to understand the critical legal issues properly and might affect his ability to deliver the true justice. This can be overcome by either giving proper linguistic training to judges or making facilities for translator in the court rooms. Simiarly the issue of extra fincanial burden of conducting AIJS can be provided thru the court fees etc.

    Thus while it will rquire efforts and strong will from the govt, the prevailing circumstances have left no choice other than strengthning the judiciary thorugh AIJS. And if implemented, the AIJS alone would enable India to truely realize the dreams of the founsing fathers of our constitution

  29. Karthik

    All-India Judicial Services
    The creation of an All-India Judicial Services is not a new idea. It has already been mentioned in Article 312 of the Indian Constitution as an all-India service similar to the Indian Administrative Service & Indian Police Service. The creation of an All-India Judicial Services does have some definite advantages –
    • Our current judicial set-up suffers from a severe deficiency of manpower as a result of which we have many thousands of pending cases. Creation of an All-India Judicial Service will provide a regular recruitment procedure for recruiting talented, deserving and competent candidates to the judiciary and help expedite the outstanding cases by a long margin.
    • Recruitment can also be regularized and centralized since it will be conducted by an impartial body like the UPSC which will guarantee a clean and efficient system of recruitment to the services.
    • Eliminating favouritism and nepotism in recruitment to the judiciary – one problem that cannot be ruled out in the current recruitment format.
    • Candidates who are recruited into such an All-India Judicial Services will also be more open to transfers to different regions of the country compared to the existing system which is pretty narrowed down based on region
    A few disadvantages of an All-India Judicial services would be –
    • Additional burden on an already overloaded UPSC to conduct the recruitment process.
    • Posting of judges not local to the region might affect judgements due to lack of knowledge of the region’s language, culture & sensitivity.
    Despite the disadvantages, creation of an all-India Judicial Services would definitely be a positive step.

  30. brijesh

    Judiciary plays a very important role in the society. The wisdom of judiciary have been able to save our country from the arbitrary action of the state and dispense justice.
    But today there is a need to make our judiciary more efficient to deal with the increasing burden of cases. All India Judicial service could be helpful in bringing talent to the judiciary by broadening the pool and would be helpful in filling the vacant position in the courts accross India. As against the sanctioned strength of 1700 plus our courts are working with only 13000 something judges.

    There are certain disadvantages associated with the AIJS. As per Article 312 as amended by 42nd amendment , AIJS can fill the position not below the district judge. This would mean that a young person of 25-30 age would have to adjudicate serious cases of murder or dacoity etc. By creating AIJS State power to appoint their judicial officers would be taken over by the central government.

    Practicing lawyers who earn good are not willing to join the bence, why would they join AIJS which would make them prone to transer in whole of India. Similarly around 40% of HC judges comes from the promotion , the AIJS judges would become eligible to become HC judge in age of 40 years. Would they have the kind of maturity required ?
    The problem of dealing with different language and culture could also arise in AIJS. The unifying effect of the all India service will surely be an advantage though.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>