upsc mains

UPSC MAINS 2018 ANSWER WRITING SET 16 | UPSC IMPORTANT NOTES

 

DAILY UPSC MAINS ANSWER WRITING

THEME-1 ANTI DEFECTION LAW

• Q 52nd constitutional amendment was not able to achieve its objective till the enactment of 91st constitutional amendment. Discuss
• About 52nd amendment.
• Purpose of Amendment.
• Reasons for enacting the 91st amendment
• –10th schedule –allowed bulk defections
• Dinesh goswami committee, law commission etc recommended removal of the provision of the 10th schedule pertaining to exemption from disqualification in case of split.
• –NCRWC—said-abnormally large councils of Ministers constituted—need to limit
• 91st amendment act of 2003 –limit the size of council of ministers—to debar defectors from holding public offices and to strengthen the anti defection law.
• Limiting size of COM -15% of the total strength of Lokasabha
• if a member disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
• same provisions at state level(article 164)
• -disqualified to hold any remunerative political post.
• Exemption mentioned in 10th schedule has been deleted.

THEME-2 -TRIBUNAL

• Q 42nd amendment of Indian constitution provided for ‘judicialization of bureaucracy’ at Centre and state level. Discuss.
• 42nd amendment added xiv-A to the constitution.
• Article 323A and 323 B
• 323—administrative tribunal—adjudication of disputes relating to recruitment and condition of service—administrative tribunal act 1985—Central administrative tribunal.
• CAT-65 MEMBERS—drawn from both judicial and administrative streams
• -SAT—at the state level
• Article -323-B—STATE AND AUTHORIZED to provide – establishment of tribunal.