Polity GS Paper II by Neeraj

Category
GS -II
Test Date
20-09-2021 09:00 AM
Evaluated
Yes

To participate in answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed before the scheduled date.

6 Days Answer Improvement Cycle

Day 1: Questions will be uploaded on the portal on the scheduled date at 11:00 AM.
Day 2 and 3: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. After writing the answer, Click a picture of the answer sheet (Use CamScanner and ensure good quality images) and upload (in JPEG format) in the comment section of the same question.
Day 4 and 5: After evaluation, copies will be re-uploaded on the same thread on 5th day. Based on these answers and feedback, aspirants can ask their doubts in the comment box and our experts will guide. The model hint will be uploaded on the site on Day 4.
Day 6: Discussion of the question and one to one answer improvement session of evaluated copies will be conducted through Google Meet with concerned faculty.

Instruction:

Attempt One question out of the given two.
The test carries 15 marks.
Write Your answer in 150 words.
Any page left blank in the answer-book must be crossed out clearly.
After Writing the Answer upload your copy in JPEG format in the comment box.
Evaluated Copy will be re-uploaded on the same thread after 2 days of uploading the copy.
Discussion of the question and one to one answer improvement session of evaluated copies will be conducted through Google Meet with concerned faculty. You will be informed via mail or SMS for the discussion.

Question #1. Tribunals violate the doctrine of separation of power though being effective in adopting principle of natural justice." Critically examine (150 words)

Question #2. Discuss the impediments in implementing a dedicated law to tackle hate speech(150 words)

(Examiner will pay special attention to the candidate's grasp of his/her material, its relevance to the subject chosen, and to his/ her ability to think constructively and to present his/her ideas concisely, logically and effectively).

Model Answer

Question #1. Tribunals violate the doctrine of Separation of Power though being effective in adopting principle of natural justice Critically Examine? (150 words)

Approach:

Explain briefly the Tribunals and Doctrine of Separation of Power separately in the start. 50 words.
Establish the key facts and important details regarding the violation of Separation of Power by the tribunals. 70 words.
Conclude the answer with the recent development in the issue. 30 words

Hints

In India there are three different activities in the government. The legislative makes the law, the executive implements the law and judiciary applies them to the specific cases arising due to the breach of the law.

The constitution lays down a functional separation of power between organs of the State through articles like 50, 122, 212, 53, 154 and 361.

Tribunals introduced by 42^nd Constitutional Amendment 1976, Article 323-A and 323-B to deal with administrative and other matters respectively. Tribunals are established as quasi –judicial bodies to lessen the workload of the courts for examples National Green Tribunal (NGT), 2010.

Tribunals and Separation of Power:

Indian constitution guarantees rule of law in which judicial independence and separation of power are vital parts of the basic structure. A former SC judge described the increased Tribunalisation as a serious encroachment on the judicial independence, because:

Appointment of non-judicial members likes specialists, domain experts more than the judicial members. For example in NCLT bureaucrats where appointed despite of SC’s judgement in Sampat Kumar.
Tribunals were seen as a threat to High Courts Judicial Review powers which was finally quelled by the Chandra Kumar judgement in which the SC held that he tribunals are supplementary institutes to assist the High Courts.

Conclusion

Tribunals work under the supervision and direction of the Supreme and High Courts and have the authority to test vires of subordinate legislations but they cannot test vires of the parent statutes. Also, there is a need of independent body for the administration of the of all tribunals. Recently central government introduced the tribunal reforms bills, 2021 which intends to absolve the existing appellate tribunals and merged them into existing judicial authorities.

Question #2. Discuss the impediments in implementing a dedicated law to tackle hate speech. (150 words)

Approach:

Explain the meaning of Hate Speech( 40 words)
Briefly explain the existing laws for tackling the hate speeches. (30 words)
Detail the hurdles in implementing a law against the hate speech (50 words)
Conclude the answer with positive development in this area( 30 words)

Hints

Hate speech has not been defined in any law in India but according to the 267^th report of Law Commission of India, hate speech is stated as an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious beliefs. Bureau of Police Research and Development published a manual that defined the hate speech as a language that denigrates, insults, threatens or targets an individual based on their identity and other traits.

Provisions related with Hate Speech:

Under Representation of Peoples Act, 1951:

Section 123(3A) and 125 of the RPA which bars the use of language which refers the race, caste, language, religion, community in elections and classify it as corrupt electoral practices.
Section 8 of the RPA prevents a person convicted of the illegal use of the freedom of speech from contesting an election.

Under the IPC:

Section 153A and 153B punishes acts causing enmity and hatred between two groups.
Section 298 and 505 criminalise the act of delivering speeches that incite violence.

Impediments in Implementation of dedicated law:

Finding the source of the hate speech: As the prevalence of social media has increased manifolds the source of origination of hate speech cannot be identified with ease.

While implementing there will be number of authorities whose jurisdiction will be breached like Police, Election Commission etc.
Freedom of speech is often confused with the hate speech and this will go after defining the Hate Speech.

Conclusion

Alternative disputes resolution systems (ADRs) are a paradigm shift in the way the legal system administers justice, Australia uses ADRs in resolving the cases related with hate speech. Counter speech by the sensitized civil society is another way to tackle the ills brought up by the hate speech.

Procedure of Answer Writing:

To participate in the answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

Answer Writing, Copy Evaluation, and Marks Improvement Cycle:

Step 1 (Theme, Details & Its Topics):

Every round of Answer writing initiative will be around a theme related to the Subject/Topic.
Please read the theme and its description, and try to cover the topics given within the theme before writing the answer along with the sources.

Step 2 (Answer Writing):

Questions will be uploaded on the portal on the scheduled date at 7:00 AM.
You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern.
Mention your name, email id, location, and phone number on the 1st page in the top right corner and the page number on each page.
After writing the answers, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload them in the upload section of the same question.
Kindly submit your written answers before 7:00 PM. Only the first 100 copies will be considered for evaluation. No request for late submission or evaluation will be entertained once the 100 mark is reached.

Note: Answer sheets without the proper guidelines given above will not be accepted for evaluation.

Step 3 (Copy Evaluation): Copies will be evaluated in the next 72 hours of the test date. After evaluation, copies will be uploaded into your account. During the copy evaluation period, doubt clearing and discussion about the theme or topic of the test with respective mentors of the test will be done in the telegram group.

Step 4 (Mentorship): Evaluated copies will be sent to you via mail and also uploaded into your account on the website. After that a mentorship session for the marks improvement with respective faculty will be conducted on the Google Meet, so that students can get a wider perspective of the topics. Here you can discuss your evaluated copies also with the faculty. Top 5 copies of every test will be shared in the telegram group for reference.

Note: Aspirants who have not written the test can also participate in the mentorship session.

For Updates and Mentorship of the session, you will be notified through SMS or Telegram Group.

For Notification And Update About the Program Join Telegram Group at: https://t.me/gsscoreopendailyanswerwriting

Note: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. Mention Your Name on 1st page and Page Number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the Your Answer Copy section of the same question.