Pre-cum-Mains GS Foundation Program for UPSC 2026 | Starting from 5th Dec. 2024 Click Here for more information
1. Outline the evolution of doctrine of judicial review in India. (GS 2)
Evolution of doctrine of judicial review in India:-
- It is the power of the courts to consider the constitutionality of acts of organs of Government (the executive and legislature) and declare it unconstitutional or null and void if it violates or is inconsistent with the basic principles of Grundnorm i.e., constitution
- Judicial Review concept which evolved in Marbury v. Madison is an armour to check to check lawlessness legislative as well as executive with a review to serve “legitimacy of power “and administrative efficiency.
- Judicial review is the power by which judiciary aims at activising herself in retaining her domain of judicial activity over the state inactivity .
- In post-independence India, the inclusion of explicit provisions for‘ judicial review’ were necessary in order to give effect to the individual and group rights guaranteed in the text of the constitution.
- Constitutional provisions and judicial review:
- Article 13(2) of the constitution of India declares that any law that takes away or abridges any of the fundamental rights shall be void.
- Articles 32 gives citizens the right to directly approach the Supreme Court for seeking remedies against the violation of these fundamental rights.
- Artile 246(3),245 etc also deal with judicial review
- The higher courts are also approached to rule on questions of legislative competence, mostly in the context of Centre-State relations since Article 246 of the constitution read with the 7th schedule, contemplates a clear demarcation as well as a zone of intersection between the law-making powers of the Union Parliament and the various State Legislatures.
- Hence the scope of judicial review before Indian courts has evolved in three dimensions
- firstly, to ensure fairness in administrative action
- secondly to protect the constitutionally guaranteed fundamental rights of citizens
- thirdly to rule on questions of legislative competence between the centre and the states.
- With cases like Keshavananda Bharati and Minerva mills case the Supreme court upheld the importance of judicial review and ensured executive and legislation did not encroach their domains.
NGO and developmental process of India:-
- It is not possible for government alone to effectively undertaking complex development activities like promoting social equality,gender equality,improving quality of life etc..
- So, there is essentiality of other groups or organizations to support the government on various fronts. This essentiality paved way for the emergence of civil society.Non-Governmnt organizations (NGOs) being a major arm of civil society thus have a crucial role in the country’s development process.
Positives:-
- NGOs with the support given by the government has been accelerating its development activities by taking up specific issues like
- Poverty alleviation
- child rights
- caste stigma and discriminations
- women rights
- child labor
- rural development
- water and sanitation
- environmental issues etc.,
- Education:
- NGOs have played a crucial role in sending the school dropouts back to the school especially in rural areas thus upholding the Right to education.
- Annual survey of education report (ASER) by PRATHAM NGO , keep a tab on learning outcomes of students
- Health:
- And also the heath sector development programmes like Leprosy eradication programme and programs on eliminating TB, malaria and improving water and sanitation facilities by NGOs have met with huge success.
- Legal:
- The most highlighted success of NGOs could be seen in their achievement in influencing government to bring out various development-oriented policies and laws.
- Few of such laws and policies include:
- Right to Information
- Integrated child development scheme(ICDS)
- Integrated child protection scheme(ICPS)
- MNREGA
- Juvenile justice
- Nirmal gram initiative
- Rastriya swathya bhima yogna(RSBY),
- Various policies on women development
- forest and environment development,
- anti-trafficking
- people with disability etc.,
- ‘Bachpan Bachao Andolan’ , for preventing child labour and trafficking
Negatives:-
- Some of the dubious elements have quietly got into the system and in the name of opening such agencies, they have siphoned huge funds from the Government exchequer.
- loss in credibility and lack of accountability with NGOs in India. Although this is not true with all the NGOs but it is certainly true that the red spot is on many NGOs across various regions in the country.
- The recent report of Intelligence bureau (IB) stated that-the working of few NGOs in the name of protests against the government activities have become detrimental to the nation development. It also mentioned that the protests of ‘foreign funding NGOs’ led to loss of 2-3% of country’s GDP.
- It is well known fact that several NGOs obtaining funds from the foreign sources for their activities.
- It is also true that these NGOs played crucial part in protests against setting up coal and thermal project plants and Kudankulam nuclear project which led to power shortages in the respective states.
- Inequality in rural areas:
- NGOs are more developed in urban areas as compared to rural areas. The backwardness and ignorance of the rural people and lack of enthusiasm among social workers to among them in the absence of availability of minimum comforts are the two important reasons for the backwardness of the NGOs in rural areas.
- Rise of fake NGOs:
- Over 25 lakh are there it becomes difficult to regulate them.
How to make them more transparent and accountable?
- All States must have adequate regulatory mechanisms to keep track of the money issued to the NGOs. When these Governments have allowed them to use public funds, there should have been time-bound audit systems in place to assess the same.
- Instead of blocking the foreign funds it is necessary for government to ensure further transparency in categorizing the NGOs based on their funds sources.
- It would also prove effective if government tightens the scrutiny procedures through foreign contribution (regulation) act, 2010.
- And also it is necessary that NGOs to ensure transparency in their governance frame work and board functioning.
- Government should motivate NGOs to voluntary adopt the ‘National Policy on Voluntary Sector (2007)’ for better regulation of sector.
- The government of India should liberalize the rules and regulations of grants-in-aid and to sanction more grants to NGOs. At the same time, the government should appoint commissions of enquiry or committees to cross check the misuse of funds by NGOs.
- NGOs must ensure their accountability to government’s by submitting Annual reports, income and expenditure statements and working towards national development on national interest.
Emotional intelligence:-
Four main skills of emotional intelligence are:-
- Self-awareness– our ability to perceive our emotions and understand our tendencies to act in certain ways in given situations
- Social awareness– our ability to understand the emotions of other people, what they are thinking and feeling
- Self-management– our ability to use awareness of our emotions to stay flexible and direct our behavior positively and constructively
- Relationship management– our ability to use our awareness of our own emotions and those of others to manage interactions successfully
Importance of emotional intelligence:
1.At work place:
- An employee with low emotional intelligence can negatively impact a workplace and their team members leading to poor morale.
- Examples of low emotionally intelligent behaviour includes; not being able to take critical feedback, laying blame on other staff, passive-aggressive comments.
- In management, those with low emotional intelligence exhibit the same traits, but can also be leaders who do not listen to the recommendations of the staff that they manage and become out of touch with those that they lead.
- Self-Awareness, Self-Regulation and Self-Motivation
- Employees who possess high levels of emotional intelligence are much more self-aware.
- In the workplace this translates to an employee who understands their own strengths and their own weaknesses in addition to how their actions could affect their team members.
- Self-aware employees are also better equipped to handle constructive criticism and learn from their mistakes.
- An employee with high emotional intelligence can also reveal and control their own emotions to team members
- Emotionally intelligent people are also self-motivated, but they are not motivated by money or a title alone
- Empathy and Interpersonal Skills
- An empathetic employee is an employee who has compassion and understands human nature. This allows them to connect with their team members and peers on an emotional level.
- Having empathy is a sign of high emotional intelligence and means that employee is able to respond genuinely to any of their colleagues’ concerns.
2.In administration:
- Emotional Intelligence (EI) can be a valuable tool a administrator and managers in government or any company.
- Self-awareness
- Bureuacrats need to know emotions, moods and drives of their peers and persons at whom public policy is targeted for better acquaintance with the nature of problems in society and their possible solutions.
- Self-regulation
- An aware bureaucrat can guide his emotions and perform accordingly for betterment of society.
- Motivation
- Knowledge about his emotion, passion and sentiment as well as that of his peers can help motivate them and persist in adverse situations.
- This will also maximize organisational benefits together with timely achievement of targets.
- Empathy
- Understanding of others’ problems helps in their quick and effective resolution.
- Social skills
- proper management of societal relations also helps in lessening work-family conflict, enhances physical and mental health and provides job satisfaction.
3.Personal life
- EI has significant role to play in maintaining effective and fulfilling relationships in personal life too.
