MGP 2022 - (Cohort 2)

Half Lenght Test #2 - Solution

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Instruction to Students

Answers provided in this booklet exceed the word limit so as to also act as source of good
notes on the topic.

Candidates must focus on the keywords mentioned in the answers and build answers
around them. Elaborate answers are given with the purpose that candidates understand
the topic better.

We have also adopted a grey box approach to provide context wherever necessary, which
is not to be considered a part of the answer.

For any feedback please write to us at [email protected]

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Q.1) Why was parliamentary form of government chosen over presidential form by the constitution
makers in India? Do you think that the presidentialization of parliamentary form of government in
recent times threatens the working of Indian polity?

Approach: Introduce your answer by contrasting parliamentary and presidential form of government. In
the body, highlight the reasons why Parliamentary form of government was chosen over presidential form
by the constitution makers in India. Then discuss recent trends which support the view that there has been
increasing presidentialization of the parliamentary system. Conclude by presenting your own view on the
issue.

In a parliamentary system of government, the executive is chosen from the legislature whereas a
presidential form of government is one where executive head (President) is directly elected by the people.

Parliamentary form of government was chosen over presidential form by the constitution makers in
India because:
1. Accountability: Due to colonial experience, India opted for a system of continuous
accountability of executive through parliamentary system.
2. Prior Experience: Indian leadership already had some experience of running the parliamentary
system under the Acts of 1919 and 1935.
3. The presidential system has the president as the chief executive and as source of all executive
power. Therefore, a danger of personality cult to perpetuate existed.
4. Since the executive is a part of the legislature, and generally holds the majority, therefore it is
easier to pass laws and implement them (reduced possibility of deadlock between executive and
legislature).
5. India being a diverse country, parliamentary system ensures a more representative and diverse
cabinet. Therefore, it was more suitable to Indian needs.

Presidentialization means a shift toward presidential form of government and decline in parliamentary
control over executive. A trend toward presidentialization is visible through events like:
1. Style of elections: Election have now become person centric and not party centric. For
example, 2019 Lok Sabha elections were fought with focus on Prime Ministerial candidate. People
voted for executive (PM) and not legislators (MPs).
2. One person taking all decisions: Major decisions are taken individually or consulting only a few
close aids. For example, during demonetisation only a few people had prior information.
3. Extensive use of Ordinance making power of President, as a way around parliamentary process.
4. Passage of important bills without discussion. For instance, the 2018 Finance Bill was passed by
the Lok Sabha within 18 minutes without discussion.
5. Recent scraping of Question Hour decreases parliamentary accountability.

Despite the trend toward presidentialization, the root of parliamentary form of government is well
founded. The constitution has provided various mechanism and institutions to preserve parliamentary
form of government. Supreme court has also held that parliamentary form of government forms the
basis structure of the constitution. People of India are resilient enough to protect its democratic
principles as shown during the emergency era and subsequent win of the Janata Party. (379 words)

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Q.2) Although higher judiciary commands respect and enjoys confidence of the public, lower courts are
seen as inefficient, untrustworthy and corrupt. Why does the perception of general public diverge in
this regard despite having an integrated judicial system?

Approach: Introduce your answer by explaining Integrated judicial system, higher and lower courts. In the
main body, highlight the reasons for difference in perception regarding higher and lower courts. Conclude
your answer by suggesting a way forward.

The Constitution of India provides for a single integrated judicial system implying that the structure of
the judiciary is pyramidal with the Supreme Court at the top, High Courts below them and district and
subordinate courts at the lowest level. Supreme court and High Courts together called higher courts
whereas lower courts include district and subordinate courts.
The lower courts function under the superintendence of the higher courts. Despite this there is
difference in perception between the two because of the following reasons:

1. Lower courts are first point of interaction for seeking justice. Lack of resources, vacant position
of judges, high case load and manual allocation of dates for hearing create opportunity for
corruption and rent seeking. This gives a very poor experience for general public creating
negative perception about lower judiciary.
2. Proceedings of higher courts are under constant media coverage which ensures accountability,
which is missing in lower courts.
3. Failure to attract talent: Lower court judges have dim career progression prospects and lower
salaries. Failure to attract talent affects the quality of decision.
4. Higher courts recruit directly from Bar, which is a vibrant pool of practicing lawyers. For
example, more than half of high court judges are recruited from the bar. Whereas, in the lower
courts, there are a multiplicity of exams with different benchmarks, as each state conducts its
own exam.
5. Contempt power: Lower judiciary do not have the power to scrutinize a person for the
contempt of court. But the higher courts have this power.
6. Infrastructure: lower courts suffer from infrastructure shortage like courtrooms, judges’
chambers, library, conference rooms etc. It affects the working of courts. Lack of basic amenities
like clean washroom and drinking water for common people make their experience with lower
judiciary unpleasant.

The perception of public can be improved for lower court by:

1. Single recruitment exam conducted by National Testing Agency for all states.
2. Competitive salary at lower level to attract talent.
3. Using Information technology for increasing efficiency in proceedings.
4. Ensuring basic infrastructure development at lower courts.

Nani Palkivala famously said “Justice in India is a snail, and it moves at a pace which would be regarded
as unduly slow in a community of snails”. This needs to change and the point to begin with should be
lower courts, as here the majority of the cases are filed. (395 words)

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Q.3) Examine the utility of parliamentary committees in ensuring accountability of the executive to
the parliament. Discuss, in this context, the role of the Public Accounts Committee.

Introduction– Introduce by explaining what Parliamentary Committees are and highlight the need for
parliamentary committees. Draw a diagram showing various parliamentary committees. Then, elaborate
their role in ensuring the accountability of the executive. Also, highlight some limitations in brief. Next,
elaborate the role of Public Account Committee in ensuring the accountability of the executive, along with
some drawbacks. Conclude your answer by suggesting some reform measures.

Parliamentary committees are smaller deliberative bodies drawn from the members of parliament to
assist the parliament in discharge of its duties. Parliamentary Committees are eyes, ears and hands of
legislature and sometimes becomes the brain of the house too.

They play an important role in ensuring the accountability of the executive in the following ways:
1. Financial accountability: Parliamentary committees examine the budget, demand of
expenditure, allocation trends, policy priorities and spending at the ministerial level
2. Detailed scrutiny: Since committees meet throughout the year, they help make up for the lack
of time in Parliament and help in in-depth scrutiny.
3. Technical Expertise: The Committee can consult a range of stakeholders including scientist,
domain experts, etc for better their understanding of the issues and facilitate informed debate.
4. Parliamentary Committees have closed door meetings, which allows them to freely question the
executive rising above party lines.
5. Action Taken Report: They examine policy issues, and make suggestions to the government.
The government has to report back on action taken. Thus, holding the government accountable.

However, there are some shortcomings too like:

1. Recommendations are not binding on executive.
2. Most committees are constituted for one year only.
3. Low attendance of MPs at meetings of the committees
4. Examination of a bill by a committee is not compulsory (only 25% of the bills introduced were
referred to the Committees in the 16th Lok Sabha)
5. Too many ministries under single committee.

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Public Account Committee (PAC) is a financial committee of Parliament consisting of 22 members (15
from LS and 7 From RS) elected for one year term. It plays an important role in ensuring accountability
of executive as follows:
1. Examine the annual audit reports of the CAG and reports its finding to the parliament.
2. PAC acts as the watchdog of the public purse by examining the audit report on appropriation
accounts and finance accounts.
3. The accounts of State corporations, manufacturing units and trade concerns are examined by
the committee.
4. Examines public expenditure from the point of view of economy, prudence, wisdom and
propriety to bring out the cases of waste, loss, corruption, extravagance, and inefficiency.

However, there are some drawbacks like:

1. It mainly does a post-mortem examination.
2. Its recommendations are advisory and not-binding on ministries.
3. No scope of dissent, as all decision are taken by consensus.
4. It is not concerned with policy decisions.
5. It cannot issue an order and only parliament can take a decision on its findings.

There is need to further strengthen parliamentary committees, including PAC. Their procedures should
be made more transparent and all laws should necessarily be referred to parliamentary committees to
improve quality of parliamentary deliberations. (435 words)

Q.4) Critically analyze the various changes proposed in the recently introduced Government of
National Capital Territory of Delhi (Amendment) Bill, 2021 (GNCT Delhi Act). Do you think this would
deteriorate the fabric of cooperative federalism between the Delhi government and the Centre?

Approach: Introduce with briefly talking about the governance mechanism of NCT. In the main body,
mention important provisions of the amendment act. Then present arguments against and in support of
this act impacting cooperative federalism between the Delhi government and the Centre. Conclude with
your opinion on the issue.

Government of National Capital Territory of Delhi Act, 1991defines the power and the responsibilities of
the elected government and the LG (representative of center) for governance of the NCT in accordance
with Article 239AA and 239AB of the Indian constitution introduced by 69th Amendment 1991.
Recently, the Parliament passed the GNCT Delhi (Amendment) Act 2021 to remove ambiguities and
clearly define scope powers of elected government and LG.

GNCTD (Amendment) Act has made following changes:

1. The term “Government” referred to in any law made by legislative assembly will imply
Lieutenant Governor (LG).
2. LG to reserve any bill for president that is outside the purview of powers of the legislative
assembly.
3. The rule made by the legislative assembly to regulate assembly must be consistent with the rule
of procedure and conduct of business in Lok Sabha.

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4. The LG is empowered to specify his suggestions on certain matters. His opinion has to be taken
before making any executive action on decisions of minister/council of minister.

The amendment does not deteriorate The amendment deteriorates the fabric of cooperative
the fabric of cooperative federalism: federalism between the Delhi government and the
Centre:
1. By explicitly defining powers, the 1. Equating the L-G with the elected government
constant tussle between undermines the authority and of the elected
government of NCT and LG will government thereby legitimacy the electoral
end, thus promoting cooperation. democracy.
2. The act seeks to give effect to the 2. The provision like compulsory opinion of LG goes
Government of NCT of Delhi v against the spirit of the SC verdict of 2018. SC held
Union of India case 2018. that LG cannot be an independent decision-
3. The constitution empowers the maker.
parliament to make provisions for 3. Delay in decision-making on pressing matters of
supplementing the provisions of governance.
Article 239AA and 239AB, so the 4. The amendment distorts the federal equilibrium
parliament has acted within its and goes against the spirit of the 69th
capacity to bring this change. Amendment Act which intended to establish a
democratically elected government.

The amendment does away with the ambiguity and provides a clear framework for cooperation
between LG and government. However, the manner in which the law was passed amidst opposition by
Delhi government demanded more consultation between center and Delhi government. Cooperative
federalism will be promoted when both L-G and state assembly will work in the boundary of the
constitution. (403 words)

Q.5) In a democracy, the speaker represents the dignity and the freedom of the House. In the light of
recent controversies, examine the need to relook the roles and responsibilities of the speaker.

Approach: Introduce your answer by writing some lines about the speaker and establishing the significance
of speaker in a democracy. Discuss various criticism faced by the office of speaker in recent times along
with examples. Conclude your answer by suggesting some reforms.

Speaker is the presiding officer of Lok Sabha elected by LS from amongst its members. The speaker
represents the dignity and the freedom of the House in a parliamentary democracy because LS
represents the country and the speaker in a way becomes the symbol of the country’s freedom and
liberty.

However, there has been demand for a relook at roles and responsibilities of the speaker due to
controversies related to:
1. Impartiality: Speaker are elected to the LS on a political party’s ticket. In Britain, there is a
convention that the Speaker has to resign from his party. This healthy convention is not followed
in India, which makes it more of a political liability on the speaker to favour his party.

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2. Anti-defection law: The role of speaker has been criticised for disqualification of MLAs under the
anti-defection law. For instance, in Uttarakhand and Arunachal Pradesh, the Speakers had been
accused of helping ruling parties, by using their powers to disqualify MLAs under anti-defection
law.
3. Discretionary power: There are rules which vest the Speakers with unbridled powers such as in
case of declaration of bill as money bill. For instance, when the Aadhar bill was introduced in
Lok Sabha as Money Bill, it was criticised.
4. Allocation of Time: Speaker is accused of providing more time to the ruling party.
5. Review of the Speaker’s Decisions: Decisions of presiding officers are not open to appeal or
subject to review. In the American system, presiding officer’s decisions may be appealed against
to a committee.
6. Frequent disruptions: It is alleged that the speaker resorts to harsh punishment against the
disrupting member of opposition.

These controversies can be avoided by adopting following reforms:

1. Speaker should resign from his party upon entering office of speaker like in Britain.
2. Like in America, speaker's decisions should be made appealable through a committee.
3. Venkatachaliah Commission to Review the Constitution (2002) have recommended that the
decision of anti-defection disqualification should be made by the President or the Governor on
the advice of the Election Commission.
4. Greater clarity in parliamentary rules and convention to limit the scope of discretion.

The Speaker is considered as the true guardian of the Indian Parliamentary democracy, holding the
complete authority in the Lok Sabha. Thus, impartiality of the office is very important to make
parliamentary democracy work in true sense. (393 words)

Q.6) In what ways is the Indian approach to secularism different from that followed by France? Is
Indian secularism better suited to its socio-religious conditions? Justify your answer.

Approach: Introduce with meaning of secularism and provision of secularism in Indian and French
Constitution. Discuss various differences in French and Indian secularism like separation principle, mode
of engagement etc. Discuss reasons for Indian secularism as better suited to its socio-religious conditions
like harmony & peace, protecting rights etc. Conclude with a comment on success of Indian secularism.

Secularism is the principle that prescribes separation of state and the religion. In India, the term
Secular was added to the preamble by the 42nd Constitution Amendment.

Laïcité is the constitutional principle of secularism in France. Secularism under French Constitution is
commonly interpreted as discouraging religious involvement in government affairs, especially religious
influence in the determination of state policies.

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There are various differences in French and Indian secularism as discussed below:
French Secularism Indian Secularism
French secularism is based on ‘Wall of Indian secularism is based on ‘Equal treatment to
Separation’ principle. It provides for formal all’ and “principled distance”. Indian state is not
separation of church and state. separate from religion.
French secularism does not preclude any right Indian secularism allows religious freedom in
to free exercise of religion. It restricts and constitution under Article 25-28. There is no
replace religious values from public space, restriction on religion in public sphere, although
with values such as liberty, equality, and India upholds values like liberty, equality and
fraternity. fraternity.
French secularism model, is based on negative Indian secularism is based on positive mode of
mode of engagement between state and engagement between state and religion. For
religion. State does not intervene in religious instance, India provides subsidy for haj and make
affairs till religion works within legal limits. arrangements for Manasarovar yatra.
France prohibits any public policy to be In India, state can formulate policy for welfare of
drafted on basis of religion. In France, religion religion. For instance, setting up of Departments
is relegated entirely to private sphere and has of Religious Endowments, Wakf Boards, etc. State
no place in public life whatsoever. also appoints Trustees of these boards.

Secularism plays an important role in a diverse country like India. It is better suited to its socio-religious
conditions due to following reasons:
1. Harmony & Peace: Indian secularism focus on harmony among all religions which is crucial for
its multi-religious society. It has allowed various emigrated religions like Christians, Muslims
and Parsis and Indian religion like Buddhism and Jainism to stay together despite differences.
2. State control: Indian secularism has allowed state to intervene and reform various evils related
to religion. It also allows state to prevent conflicts on basis of religion. For example: Karnataka
government is able to curb superstition that were against human rights through various
regulations.
3. Protect rights over religion: Indian secularism secures minority religious rights instead of
protecting religion itself. Articles 25-28 in the constitution provide for free profession, practice
and propagation of religion, freedom, and exempt religious institutions from payment of taxes.
4. Liberal and Egalitarian: Many religiously sanctioned social practices are illiberal and
inegalitarian. Indian secularism encourages liberal and egalitarian principles by reforming
oppressive practices. For example: ensuring rights of women through various acts like anti-
dowry act.

Indian secularism is broader than French secularism. Indian secularism is a successful model
accommodating various religions that can be followed by struggling secularism model in West and
Europe including France. (497 words)

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Q.7) Against the intentions of the constitution makers, the use of discretionary powers by governors
has become a major source of tension in Centre–state relations. What are the discretionary powers of
the Governor? Also, discuss the issues associated with them.

Approach: Introduce with Governor as head of the state who is provided with discretionary powers to work
for efficient state administration. Discuss various discretionary powers given to Governor under
Constitution like CM appointment in case of hung assembly, advising President’s rule, etc. Discuss various
issues related to these discretionary powers in form of partisan politics, misuse of Article 356 etc. Give
relevant examples. Conclude with various Supreme Court verdict in governor’s discretionary powers and
recommendations of various committees.

Governor is executive head of the state and also acts as a representative of the center in state. He is
provided with discretionary powers to ensure efficient state administration. Constitution makes it clear
that if any question arises regarding governor’s discretion, governor’s decision will be final.

Constitution has empowered governor with following discretionary powers:

1. Chief Minister appointment: Governor has discretionary powers to appoint CM, during hung
assembly.
2. Dismissal & Dissolution: Governor dismisses Council of Ministers when it cannot prove the
confidence of legislative assembly. Under Article 174, governor can dissolve legislative assembly
if council of ministers loses majority.
3. President’s Rule: Governor can advise for President’s Rule in the state under Article 356, if he is
satisfied that government cannot be carried on in accordance with Constitutional provisions.
4. Reservation of a bill: Governor can reserve a bill passed by state legislature for president’s
assent. He can refuse signing an ordinary bill passed by the state legislature.
5. Seeking information: Governor can seek information from CM with regard to administrative
and legislative matters of the state.
6. Administrative discretion: He has discretion, while exercising his functions as administrator of
an adjoining union territory (additional charge).

However, excessive use of discretionary powers has become point of federal frictions between center
and states. Following are the issues related to Governor’s discretionary powers:
1. Partisan political considerations: Governor’s discretionary powers is abused in partisan manner
at the instruction of center. There are numerous instances of such abuse. E.g., recently in
Karnataka, Governor instead of inviting the post-poll alliance partners, invited the single
largest party which was short of majority.
2. Governor’s power to decide what lies within his discretion. For example: In Rajasthan
Governor refused to call session of legislative assembly on advice of cabinet and tried to set
agenda of the session as well.
3. Misuse of Article 356: Governor has been criticized to misuse Article 356 for dismissing state
governments of opposite ruling party. For example: in 2016 Arunachal Pradesh
4. Center’s discretion: As a Union Government appointee, Governors are prone to act on Central
ruling party instructions. Therefore, Governor’s discretion becomes center’s discretion which
has been used to undermine state government.

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5. Undermines federalism: Governors are appointed by the President on behalf of Union

government. It undermines division of powers under 7th schedule allowing center to
prevent/delay any state legislation through Governor power to reserve bill for President.

SC has given various judgements on discretionary powers of Governor:

1. In SR Bommai Case, SC held that office of Governor must not be misused to the advantages of
Union Government.
2. In Nabam Rebia case, Judiciary held that Governor’s powers flow from aid and advice of State
Cabinet.
3. In recent Karnataka case, SC observed that Governor’s discretion cannot be arbitrary or fanciful.

Expert Committees like Sarkaria and Punnchi Commissions have laid out procedures in case of
constitutional machinery breakdown, appointment of CM during hung assembly, no-confidence motion
etc. which needs to be codified and followed. (497 words)

Q.8) Concerns regarding Parliamentary performance most often relate to the drastic reduction in the
level and extent of deliberation, representation and scrutiny. In this context, highlight the recent
instances which have led decline in effective functioning of the parliament.

Approach: Introduce by highlighting the role of the parliament in the Indian democracy. In the body,
highlight, by citing various instances, how there has been a drastic reduction in the level and extent of
deliberation, representation and scrutiny. Conclude by suggesting some reforms.

Parliament is the highest forum for deliberations and discussions on the matters of public importance
in the Indian representative democracy. However, in recent times, various concerns have been raised
regarding the drastic reduction in the level and extent of deliberation, representation and scrutiny.

This can be observed in the following instances from the recent past:
Reduction in level 1. An increased promulgation of ordinances (11 ordinances per year in the
of deliberation past 6 years, an increase from 6 ordinances per year earlier.)
2. Pushing through the bills without deliberation and disrespecting the
due procedures, as seen in case of the recent controversial farm bills.
3. Passing of bills on the day of introduction without much deliberation.
For instance, 34% bills in 16th Lok Sabha were introduced and passed on
the same day as compared to 16% in the 15th Lok Sabha (PRS Legislative
Research)
4. There has been a decline in average number of days of meeting of Lok
Sabha to less than 70 days over the last decade (from around 120 in
1980s) owing to repeated disruptions.
5. Misuse of the money bill provision to bypass the Upper House as in the
case of Aadhaar Bill among others.
Reduced 1. The question hour which plays a crucial role in ensuring accountability of
representation the government has shown lower productivity and was recently even

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cancelled citing reasons surrounding COVID-19 pandemic.

2. Half-an-hour discussion is often neglected due to higher number of
rejections of notices given by the members owing to their irrelevance.
Similarly, special mention, calling attention and short duration
discussions have not been utilized well.
3. Anti-defection law has reduced diversity of views in parliament.
4. Lesser importance has been given to the private members’ bill. For
instance, only 14 private member bills out of thousands became laws
since 1952 (PRS Legislative).
Decline in 1. Lesser bills (from 71% in 15th Lok Sabha to 25% in the 16th Lok Sabha)
scrutiny have been referred to the parliamentary committees which play an
important role in providing detailed scrutiny of the bills.
2. Lack of neutrality in Speaker and Chairman is another issue which is
seen in biased decisions on money bill, anti-defection law etc. This helps
in keeping the key bills off the parliamentary scrutiny.
3. Frequent disruptions, especially by the opposition leads to repeated
adjournments and loss of business. According to a report by PRS
Legislative Research, LS lost a sixth of its time to disruptions, while RS
lost a third of its scheduled time in 2019 winter session.

The need is to implement a strategy of overhaul of parliamentary procedures in order to make it an

effective forum of deliberation. Certain reforms as recommended by 15-point Reform Charter for
Parliament including working on political conscience, effective functioning of parliamentary
committees, legislative impact assessment, minimum number of days for parliamentary sittings, can be
inculcated to maintain the representative spirit of parliamentary democracy. (484 words)

Q.9) Since the paradigm shift from government to governance and further to good governance,
pressure groups have emerged as a strong mechanism for making the democracy participatory,
transparent, accountable and responsive. Elucidate.

Approach: Give a brief introduction about pressure groups and their role. Then write a brief paragraph
about the paradigm shift from government to good governance. Explain how pressure groups have emerged
as a strong mechanism for making the democracy participatory, transparent, accountable and responsive.
Conclude by highlighting certain issues related to pressure groups and what should be the way ahead, very
briefly.

Pressure groups are organizations which exert pressure on the political or administrative system to
extract benefits and advance their common interests. These organizations are formed when people with
common occupation, interest, aspirations or opinions come together in order to achieve a common
objective. The pressure groups employ various tactics including electioneering, lobbying and
propagandizing.

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India has seen a paradigm shift starting from government and bureaucratic decision making to more
citizen-centricity owing to greater public participation with time. In the current times, good governance
has taken the center-stage in decision-making processes.

Pressure groups have emerged as a strong mechanism for making the democracy participatory,
transparent, accountable and responsive, during this paradigm shift from government to governance
and then to good governance by performing following roles:
1. Connecting link between government and people: The pressure groups act as a bridge for
sharing of opinions between the people and the government. For Example. in the farmer’s
protest, the Bhartiya Kisan Union acted as a farmers’ representative in negotiating with the
government.
2. Educating masses: The pressure groups play a vital role in educating the masses about various
laws and policies of the government, thus, developing an understanding among the masses. This
creates an accountability framework for the government. For instance, pressure groups like
Bhartiya Mazdoor Sangh help educating the labourers regarding labour laws and reforms,
helping to form an opinion about the reforms and create a ground for critique.
3. Ensure representation of all sections: Pressure groups lend voices to vulnerable sections of the
society, especially women, minorities, children etc.
a. For instance, groups like SEWA have worked persistently for making laws women
friendly and empower women.
b. Caste groups like Harijan Sevak Sangh voice against caste-based exploitation of Dalit
community.
4. Enhance political participation: Pressure groups ensure greater political participation for the
issues of public importance, thus, creating a pathway for good governance. For instance, the
Narmada Bachao Andolan had been successful in mobilizing masses against the construction of
dams.
5. Improve the quality of governance: Through enhanced public participation, the pressure groups
help in making the government decisions and process more qualitative and refined. For
instance, during the India Against Corruption movement, the exposure of the loopholes in the
administrative setup led to an empowered demand for transparency and accountability which
resulted in the promulgation of Lokpal bill.
6. Wide spectrum of matters: Various pressure groups belong to various categories including
environment, culture, social justice among others, thus representing wide range of matters
concerning the society, thereby, making way for citizen-centric governance.
7. Non-political critique: The pressure groups tend to raise the demands of the citizens rather
than politicizing the matter for party’s interests, thus ensuring, good governance.

While the pressure groups have played a crucial role in the new paradigm of good governance, there have
been a few deviations that might include violence, radical means of lobbying, pushing one’s self-
interest, among others. The need, therefore is to ensure the functioning of pressure groups within the
bounds of democratic rules and procedures in order manifest their real effectiveness. (506 words)

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Q.10) What do you mean by Alternate Dispute Redressal (ADR) mechanisms. Examine the challenges
being faced by them and suggest measures to improve their efficacy.

Approach: Introduce your answer by defining Alternate Dispute Redressal (ADR) mechanisms and giving
examples. Highlight the challenges faced by ADR in India. Then move on to suggest measures to improve
their functioning. Conclude by commenting on its importance in India.

Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom.
ADR offers to resolve all types of matters including civil, commercial, industrial, family etc. It is a non-
adversarial method which enables individuals and groups to maintain co-operation, social order and
provides opportunity to reduce hostility.

The different ADR mechanisms available in India are:

1. The Lok Adalat (People’s Court) system constituted under the National Legal Services Authority
Act, 1987.
2. The Arbitration and Conciliation Act, 1996 provides a formal process of arbitration and
conciliation.
3. Section 89 of Code of Civil Procedure provides for out of court settlement.
4. Mediation under various laws like Consumer Protection Act 2019.

ADR mechanisms have succeeded in reducing the burden of the courts, and provide speedy justice to
parties, for instance, Lok Adalat disposed of more than one crore cases in 2019. Despite these successes,
ADR mechanism faces many challenges in India like:
1. Lack of trained mediators: The essence of mediation lies in the role of the mediator as a
facilitator. However, a shortage of trained mediators in India have proved to be a hindrance in
the justice delivery.
2. Coerced Settlement especially on weak and marginalised sections like poor, women, tribal etc
runs contrary to the idea of equal justice for all. For example, in the Bhopal Gas tragedy a paltry
compensation to victims during settlement faced severe criticism.
3. Lack of awareness:
a. Lack of awareness about ADR mechanism amongst the people, especially in rural areas
is also one of the obstacles in realization of full potential of ADR mechanism.
b. There is also negligence amongst judges, advocates and litigants regarding the
effectiveness and usefulness of the process of mediation.
4. Lack of referrals: Despite enabling laws, experience shows that the Judges are not referring
cases to the techniques of alternative dispute resolution.
5. Appeals to regular courts: The parties almost invariably appeal against arbitration awards,
resulting in long drawn-out disputes that can last up to 10 years.
6. The success of ADR depends upon the good faith of the parties and their attorneys; however,
unrepresented and/or uninformed parties are at a disadvantage of succeeding in an ADR.

Following measures can be employed to improve efficacy of ADR mechanisms:

1. The Malimath Committee has recommended making it mandatory for the courts to refer
disputes for resolution through ADR rather than litigation.

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2. 129th Law Commission report recommends setting up of Mediation Centres in all districts of
each state with a view to mediate all disputes.
3. Extensive training should be imparted to those who intend to act as a facilitator, mediator, and
conciliation in the ADR process.
4. Awareness camp should be held to change the mindset of all concerned disputants, the lawyers
and judges.

ADR mechanisms have a root in tradition where elders of a village settle disputes through mediation, this
has resulted in mass acceptance and high efficiency of ADR processes in India. Further strengthening the
mechanism would improve the few lacunas that remain. (501 words)

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