Paper: General Studies Paper-I
Section: Indian Polity
Topic: Constitution of India
Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. (UPSC 2015)
The Preamble to the Constitution of India describes India as a Sovereign, Socialist, Secular, Democratic, Republic. Words Socialist and Secular were inserted by the 42nd Amendment Act of 1976.
Sovereignty of India lies in the fact that country conducts its affairs without interference of any other country or power. Even though India has accepted membership of Commonwealth but it is only ceremonial in nature and therefore sovereignty is not affected. Requirements arising out of membership of International Organisations also cannot be termed as limitation on sovereignty.
India is a secular country which gives equal importance to all religions. Special protections and provisions in favour of minorities are not against the spirit of Secularism that India follows.
Socialism is a philosophy of governance where resources are owned and shared commonly. But economic pattern of India has changed more towards a mixture of capitalism-socialism, with heavier tilt to capitalist economy, after LPG policy in 1991. Term Socialist, though true to the spirit of our constitutional system of governance, does not actually describe our economic pattern. Many supporting provisions in the constitution including Directive Principles of State Policy are in favour of socialism.
Democracy is in the root of Indian polity. With universal adult franchise, India is the largest democracy in the world. Democratic institutions in India are maturing with time and experience.
What is quasi-judicial body? Explain with the help of concrete examples. (UPSC 2015)
A quasi-judicial body is an entity such as an arbitrator or tribunal board which has powers and procedures resembling those of a court of law or judge. It is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action.
Their powers are usually limited to a very specific area of expertise and authority, such as land use and zoning, financial markets, employment law, public standards, and/or a specific set of regulations of an agency.
In India, National Human Rights Commission, National Commission for Women, National Commission for Minorities, National Commission for Backward Classes, National Law Commission, National Green Tribunal,National Consumer Disputes Redressal Commission, Armed Forces Tribunal etc. are examples of quasi-judicial bodies.
For example, the basic functions of the Securities and Exchange Board of India is to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to. SEBI has to be responsive to the needs of three groups, which constitute the market:the issuers of securities, the investors, the market intermediaries. SEBI has three functions rolled into one body: quasi-legislative, quasi-judicial and quasi-executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity.