GS Notes

17. Governance Notes 08

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Elaborate Notes

Welfare Schemes

  • Rationale for Time-Bound Welfare Schemes: The concept of a “vicious cycle of poverty,” popularized by economist Ragnar Nurkse in his work “Problems of Capital Formation in Underdeveloped Countries” (1953), posits that low income leads to low savings, which in turn leads to low investment and low productivity, perpetuating poverty across generations. To break this cycle, welfare schemes are introduced. However, perpetual schemes risk creating a dependency culture rather than fostering empowerment.

    • The suggestion to limit the lifespan of a welfare scheme to a period like 25 years is based on an inter-generational empowerment model. The objective is that a child born into a beneficiary family should, within their formative and early working years, gain access to education, health, and skills, enabling them to secure gainful employment and exit the poverty trap, thereby not requiring the same welfare support as their parents.
    • During this period, subsidies should be progressively reduced (tapered). The fiscal space created by this reduction should be reallocated to capital expenditure (e.g., infrastructure, R&D, industrial development), which has a higher fiscal multiplier and creates long-term jobs, as argued by successive Economic Surveys.

  • Rationalisation of Schemes:

    • The proliferation of welfare schemes, currently estimated to be over 580 across central and state governments, leads to administrative duplication, inefficient allocation of resources, and confusion for beneficiaries.
    • Recommendations for rationalisation have come from multiple high-level bodies. The Second Administrative Reforms Commission (ARC) in its 14th Report, “Strengthening Financial Management Systems” (2009), advocated for a significant reduction in Centrally Sponsored Schemes (CSS).
    • NITI Aayog, in its appraisal reports, and successive Pay Commissions have echoed this, suggesting a reduction of CSS to under 10 core schemes of national importance, allowing states more fiscal autonomy.
    • The agricultural sector is a prime example of scheme overlap: fertilizer, credit, irrigation, insurance (PM Fasal Bima Yojana), storage, marketing subsidies, income support (PM-KISAN), and Minimum Support Price (MSP) often operate in silos, sometimes with conflicting objectives.

  • Beneficiary Identification and Exclusion Errors:

    • Accurate targeting is the cornerstone of effective welfare delivery. A recent NITI Aayog report (“National Multidimensional Poverty Index: A Progress Review 2023”) highlighted that India’s multidimensional poverty fell from 24.85% in 2015-16 to 14.96% in 2019-21.
    • However, the National Food Security Act (NFSA), 2013, provides subsidized food grains to approximately 67% of the population (75% rural, 50% urban). This wide coverage, while aimed at minimizing exclusion errors (deserving people being left out), leads to significant inclusion errors (undeserving people being included).
    • Following an “exclusion principle”, using verifiable criteria (e.g., income tax payment, ownership of certain assets, government employment) can effectively remove ineligible beneficiaries. The Socio-Economic Caste Census (SECC) 2011 data was an attempt to move towards such a targeted approach. This rationalisation could save substantial public funds, which can then be redirected to capital expenditure.

  • Cash vs. Kind Subsidies:

    • The debate between subsidies in kind (e.g., PDS food grains) and cash transfers is long-standing. Proponents of cash transfers, like economist Arvind Panagariya, argue they enhance consumer choice, reduce administrative overheads and leakages (like diversion of grains), and are more efficient.
    • India’s Digital Public Infrastructure (DPI), particularly the JAM Trinity (Jan Dhan-Aadhaar-Mobile), has created a robust framework for Direct Benefit Transfers (DBT). The Economic Survey 2016-17 extensively discussed the potential of a Universal Basic Income (UBI) as an alternative to multiple subsidy schemes, leveraging this very infrastructure.
    • Replacing food subsidies with cash transfers could save on procurement, storage, and transportation costs for the Food Corporation of India (FCI), reducing its massive debt burden. However, scholars like Jean Drèze have cautioned that in regions with poorly functioning markets or during high food inflation, in-kind transfers provide a crucial nutritional safety net that cash may not guarantee.

FRBM Legislation

  • Amending FRBM for Social Investment: The Fiscal Responsibility and Budget Management (FRBM) Act, 2003 was enacted to ensure inter-generational equity in fiscal management and long-term macro-economic stability. However, critics argue its rigid targets can constrain essential social sector spending.

    • The proposal to mandate spending of 6% of GDP on education is a long-standing recommendation, first formally made by the Kothari Commission (1964-66) and reiterated in the National Education Policy (NEP), 2020.
    • Similarly, the National Health Policy, 2017 aims to increase government health expenditure to 2.5% of GDP, though the call to amend FRBM to mandate 6% for health is a more ambitious goal reflecting the lessons from the COVID-19 pandemic.
    • The rationale is to treat expenditure on health and education not as revenue expenditure but as an investment in social capital and human resource development, which is critical for long-term, sustainable growth. Nobel laureate Amartya Sen, in his work with Jean Drèze (“An Uncertain Glory: India and its Contradictions,” 2013), has consistently argued that India’s underinvestment in human capital has been a major impediment to its development.

  • Systemic Reforms for Accountability and Efficiency:

    • Skill Development: Integrating education with industry needs is crucial to address the paradox of high unemployment alongside a shortage of skilled labour. Initiatives like the National Skill Development Mission aim to achieve this, but stronger institutional linkages are required.
    • Citizen’s Charters: Making these mandatory for all welfare schemes would legally empower citizens to demand time-bound services and quality standards, enhancing accountability.
    • Social Audits: Mandating social audits can transform bureaucratic responsibility from a moral obligation to a legal one. The success of social audits under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, particularly in states like Andhra Pradesh, serves as a powerful precedent. It institutionalizes citizen oversight over the implementation of schemes.
    • E-governance: Mandatory implementation of e-governance from the grassroots (e.g., Panchayats) to the highest levels can drastically improve transparency and reduce “Red Tapism” (excessive bureaucracy and adherence to official rules) and corruption by minimizing human interface. The National e-Governance Plan (NeGP) provides the policy framework for this transformation.

Direct Benefits Transfers

  • Evolution of Welfare Policy: Post-independence, India adopted a welfare state model guided by the Directive Principles of State Policy (DPSP) in the Constitution. The initial focus was on state-led production and infrastructure. From the 1970s, under Prime Minister Indira Gandhi’s “Garibi Hatao” (Eradicate Poverty) slogan, the focus shifted sharply towards redistributive justice and targeted poverty alleviation programs.

  • Implementation Challenges and the Rise of DBT: These schemes were plagued by inefficiencies. A famous observation attributed to Prime Minister Rajiv Gandhi in 1985 stated that for every rupee spent by the government, only 15 paise reached the intended beneficiary. This highlighted massive leakages due to administrative costs and corruption.

  • JAM Trinity as an Innovation: The JAM Trinity (Jan Dhan bank accounts, Aadhaar biometric identification, and Mobile phones) created a revolutionary administrative architecture. It allows for precise identification of beneficiaries (via Aadhaar), linking them to a formal financial account (Jan Dhan), and enabling seamless fund transfer (via mobile-linked banking), thereby plugging leakages.

  • Advantages of DBT:

    1. Efficiency: Cash transfers via DBT reduce the state’s administrative burden related to procurement, storage, and distribution of in-kind benefits.
    2. Economic Stimulus: During economic downturns (e.g., COVID-19 pandemic), cash transfers can boost aggregate demand by increasing the purchasing power of low-income households, who have a high marginal propensity to consume.

  • Negative Consequences and Challenges:

    1. Fungibility of Money: Cash is fungible. Money given for a specific purpose (e.g., nutrition, education) may be diverted to other consumption, potentially undermining the scheme’s primary objective.
    2. Inflationary Pressure: A large-scale infusion of cash into the economy without a corresponding increase in the supply of goods and services can lead to demand-pull inflation, eroding the real value of the transfer itself.
    3. Fiscal Sustainability: Financing large-scale DBT schemes through borrowing can increase the public debt-to-GDP ratio, potentially leading to a debt trap and macroeconomic instability. This is a key concern raised by the N.K. Singh Committee on FRBM Review (2017).
    4. The Digital Divide: Despite progress, significant portions of the population, especially in remote areas, among the elderly, and women, face barriers to accessing the formal banking system. Issues like poor connectivity, bank branch distance, and transaction failures can lead to their exclusion.
    5. Low Digital Literacy: Lack of digital literacy makes vulnerable populations susceptible to fraud and makes it difficult for them to access their benefits independently.

  • Solutions and Way Forward:

    • The focus must be on achieving universal financial inclusion and enhancing digital literacy.
    • A balanced approach is needed, perhaps a hybrid model combining cash and in-kind transfers based on context.
    • Technology like AI and big data analytics can be used for better dynamic targeting of beneficiaries.
    • Ultimately, DBT should be seen as a transitional tool for poverty alleviation. The long-term goal must be citizen empowerment through quality education, healthcare, and sustainable livelihood opportunities.

Citizen’s Charters

  • Historical Context: In post-colonial India, the governance model combined a representative democracy with a Weberian, colonial-era bureaucracy. This created a top-down, centralized development model where citizens were passive recipients, not active participants. Bureaucracy, being accountable to the political executive and not directly to the people, often lacked responsiveness.
  • Origins in the United Kingdom: The concept of the Citizen’s Charter originated in the UK in 1991 under Prime Minister John Major’s government. It was a core component of the “New Public Management” (NPM) movement, which sought to introduce market principles and a customer-service orientation into public administration. The failure of the traditional welfare state, characterized by inefficient public sector monopolies, prompted this shift. The state began to see itself as a service provider and citizens as “customers” or consumers of public services.
  • Adoption in India: The idea was formally introduced in India following the “Conference of Chief Ministers on Effective and Responsive Administration” held in 1997. The conference recommended the adoption of Citizen’s Charters by government departments at all levels as a tool to combat corruption and improve service delivery. The Department of Administrative Reforms and Public Grievances (DARPG) was designated as the nodal agency to coordinate this initiative.
  • Objectives:
    • Participation: Involve citizens and stakeholders in the formulation of service standards.
    • Accountability: Convert the moral responsibility of public servants into a defined, enforceable accountability for service delivery.
    • Quality: Improve the quality of public services by setting clear and measurable standards.
    • Grievance Redressal: Establish a clear, time-bound mechanism for addressing citizen complaints.
    • Participatory Governance: Deepen democracy by moving from a purely representative model to one that is more participatory and responsive.
  • Key Components of a Citizen’s Charter: A charter is a voluntary declaration by a service-providing organization. An effective charter typically contains:
    1. Vision and Mission: The organization’s overarching goals.
    2. Service Details: Clear description of services offered.
    3. Service Standards: Quantifiable and time-bound standards for service delivery (e.g., “A passport will be issued within 30 days”).
    4. Beneficiary Information: Details of who is entitled to the services.
    5. Grievance Redressal Mechanism: Contact details of officials to approach if service standards are not met.
    6. Stakeholder Consultation: An indication that the charter was prepared in consultation with service users.

Prelims Pointers

  • The concept of the “vicious cycle of poverty” is associated with economist Ragnar Nurkse.
  • The Second Administrative Reforms Commission (ARC) and NITI Aayog have recommended reducing the number of Centrally Sponsored Schemes.
  • The National Food Security Act (NFSA), 2013, covers approximately 67% of India’s population.
  • PM-KISAN is a Central Sector Scheme that provides income support through Direct Benefit Transfer (DBT).
  • The JAM Trinity stands for Jan Dhan Yojana, Aadhaar, and Mobile number. It is the backbone of India’s DBT architecture.
  • The Fiscal Responsibility and Budget Management (FRBM) Act was enacted in 2003.
  • The Kothari Commission (1964-66) first recommended public expenditure on education to be 6% of GDP.
  • The National Health Policy, 2017 targets increasing public health expenditure to 2.5% of GDP.
  • Social Audit is a mandatory component of the MGNREGA scheme.
  • The Citizen’s Charter concept originated in the United Kingdom in 1991 under Prime Minister John Major.
  • In India, the Department of Administrative Reforms and Public Grievances (DARPG) is the nodal agency for Citizen’s Charters.
  • The 1997 Chief Ministers’ Conference on “Effective and Responsive Administration” officially recommended the adoption of Citizen’s Charters in India.

Mains Insights

  • Welfare Schemes: Empowerment vs. Entitlement Debate:

    • Cause-Effect: Long-term, non-tapering subsidy schemes can lead to a culture of dependency (entitlement) rather than enabling self-sufficiency (empowerment). This fiscally burdens the state, crowding out essential capital expenditure required for job creation, which is a more sustainable route out of poverty.
    • Historiographical Viewpoint: The debate reflects a larger ideological tussle. One school, influenced by Amartya Sen’s ‘capability approach’, argues for robust social safety nets as essential for human development. Another, neo-liberal school, advocates for market-led growth and targeted, conditional cash transfers, arguing that universal subsidies distort markets and are fiscally unsustainable.
    • Analytical Angle: The political economy of “freebies” or “revdi culture” often leads to competitive populism, where parties promise extensive subsidies without a clear roadmap for fiscal consolidation, impacting long-term economic health. The solution lies in better targeting (using SECC data, AI), rationalisation of schemes, and shifting the focus from subsidies to investments in human capital.

  • Fiscal Prudence vs. Social Sector Investment:

    • The Core Conflict: The FRBM Act’s mandate for fiscal discipline often clashes with the developmental state’s need to increase spending on crucial sectors like health and education.
    • Debate: Is social sector spending a drain on resources (revenue expenditure) or a long-term investment (in human capital)? The COVID-19 pandemic highlighted that underinvestment in health is not just a social issue but a massive economic and security risk.
    • Proposed Solution: A more nuanced approach to fiscal rules is needed. The N.K. Singh Committee recommended a “fiscal glide path” and escape clauses for exigencies. One could also argue for reclassifying certain types of health and education expenditure as capital investment to reflect their long-term returns, thus reconciling the objectives of FRBM with developmental needs.

  • DBT: A Panacea or a Palliative?

    • Cause-Effect: While DBT effectively plugs leakages and enhances transparency, its effectiveness is contingent on factors like financial inclusion, digital literacy, and market functionality. A shift to 100% cash transfers could expose vulnerable populations to market volatility and food inflation, particularly in remote areas.
    • Analytical Perspective (GS Paper II/III): DBT is a powerful tool of governance reform that enhances state capacity. However, it is not a substitute for the state’s role in providing essential services like healthcare, education, and nutrition. The discussion on DBT naturally extends to the idea of a Universal Basic Income (UBI), as debated in the Economic Survey 2016-17. A key question is whether UBI can replace the complex web of existing subsidies and how it would be financed without causing macroeconomic instability.

  • Citizen’s Charter: A Toothless Tiger?

    • Problem Analysis: Despite being in place for over two decades, Citizen’s Charters in India have largely failed to make a significant impact. The primary reasons include:
      1. Non-Justiciability: They are not legally enforceable, making them mere statements of intent.
      2. Lack of Consultation: Often drafted by bureaucrats without consulting citizens, leading to unrealistic standards.
      3. Poor Awareness: Both citizens and lower-level officials are often unaware of the charter’s commitments.
      4. No Penalty for Non-Compliance: Lack of an effective grievance redressal mechanism with penalties renders them ineffective.
    • Way Forward: The charters need legal backing, similar to Right to Public Services Acts enacted by states like Madhya Pradesh and Bihar, which prescribe penalties for officials failing to provide services in a stipulated time. The Sevottam Model, a framework for excellence in public service delivery, needs to be implemented in spirit.

Previous Year Questions

Prelims

  1. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (UPSC CSE 2020)

    1. They shall be enforceable by courts.
    2. They shall not be enforceable by any court.
    3. The principles laid down in this part are to influence the making of laws by the State. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only

    Answer: (d) Part IV contains the Directive Principles of State Policy (DPSP). Article 37 explicitly states they are not enforceable by any court but are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.

  2. The main objective of the Janani Suraksha Yojana (JSY) is: (UPSC CSE 2019) (a) to provide financial assistance to pregnant women for delivery and post-delivery care (b) to reduce maternal and neonatal mortality (c) to promote institutional delivery among pregnant women (d) to provide nutritional support to pregnant women

    Answer: (b) While it involves financial assistance and promotes institutional delivery, the overarching goal of JSY, a safe motherhood intervention under the National Health Mission, is to reduce maternal and infant mortality.

  3. Consider the following statements: (UPSC CSE 2020)

    1. Aadhaar metadata cannot be stored for more than three months.
    2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
    3. Aadhaar is mandatory for obtaining insurance products.
    4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 4 only (c) 3 only (d) 1, 2 and 3 only

    Answer: (b) The Supreme Court in its 2018 judgment upheld the validity of Section 7 of the Aadhaar Act, which makes it mandatory for benefits funded from the Consolidated Fund of India. It also struck down provisions allowing private entities to use Aadhaar for verification. The original Act had a six-month storage limit for metadata, which was also read down by the Court. Statement 2 and 4 are correct in the context of the SC judgment.

  4. The term ‘West Texas Intermediate’, sometimes found in news, refers to a grade of: (UPSC CSE 2020) (a) Crude oil (b) Bullion (c) Rare earth elements (d) Uranium

    Answer: (a) This question, while not directly from the summary, is relevant to the broader economic context of subsidies (e.g., fuel subsidies). It tests awareness of key economic terms. WTI is a benchmark for crude oil pricing.

  5. In India, which of the following can be considered as public investment in agriculture? (UPSC CSE 2020)

    1. Fixing Minimum Support Price for agricultural produce of all crops
    2. Computerization of Primary Agricultural Credit Societies
    3. Social Capital development
    4. Free electricity supply to farmers
    5. Waiver of agricultural loans by the banking system
    6. Setting up of cold storage facilities by the governments Select the correct answer using the code given below: (a) 1, 2 and 5 only (b) 1, 3, 4 and 5 only (c) 2, 3 and 6 only (d) 1, 2, 3, 4, 5 and 6

    Answer: (c) Public investment refers to capital expenditure that creates long-term assets. Computerization of PACS (2), Social Capital development (3 - though debatable, often considered), and setting up cold storage (6) are investments. MSP, free electricity, and loan waivers are subsidies or revenue expenditure, not investment.

Mains

  1. “The performance of welfare schemes that are implemented for vulnerable sections is not so effective due to the absence of their awareness and active involvement at all stages of the policy process.” Discuss. (UPSC CSE 2019, GS Paper II)

    Answer Framework:

    • Introduction: Briefly state the importance of welfare schemes for vulnerable sections and introduce the core issue - the gap between policy formulation and implementation outcomes due to a lack of citizen participation.
    • Body Part 1: Reasons for Ineffective Performance:
      • Lack of Awareness: Mention issues like low literacy, digital divide, complex procedures, and language barriers that prevent beneficiaries from knowing their entitlements.
      • Absence of Active Involvement: Explain the top-down nature of scheme design without grassroots consultation. Mention the role of local government bodies (PRIs) being sidelined.
      • Implementation Hurdles: Discuss issues like corruption, bureaucratic apathy, and targeting errors (inclusion/exclusion).
    • Body Part 2: How Active Involvement Can Improve Effectiveness:
      • Policy Formulation Stage: Participation ensures schemes are need-based and culturally appropriate.
      • Implementation Stage: Community monitoring and social audits (e.g., in MGNREGA) enhance transparency and accountability.
      • Evaluation Stage: Feedback from beneficiaries helps in course correction and better scheme design in the future.
    • Conclusion: Conclude by suggesting measures like strengthening PRIs, using technology for awareness campaigns, simplifying procedures, and mandating social audits and Citizen’s Charters to transform beneficiaries from passive recipients to active stakeholders.

  2. Reforming the government delivery system through the Direct Benefit Transfer Scheme is a progressive step, but it has its limitations too. Comment. (UPSC CSE 2022, GS Paper II)

    Answer Framework:

    • Introduction: Define the Direct Benefit Transfer (DBT) scheme and acknowledge its role as a major governance reform aimed at targeted and efficient welfare delivery.
    • Body Part 1: DBT as a Progressive Step:
      • Plugging Leakages: Explain how DBT, using the JAM trinity, bypasses intermediaries, reducing corruption (citing the famous “15 paise” remark).
      • Financial Inclusion: It has pushed millions into the formal banking system.
      • Empowerment: Provides beneficiaries with choice and flexibility in spending.
      • Administrative Efficiency: Reduces the state’s logistical burden of handling physical goods.
    • Body Part 2: Limitations of DBT:
      • Exclusion Errors: Mention the digital divide, lack of bank access in remote areas, and authentication failures (Aadhaar).
      • Fungibility of Cash: Cash may be used for non-intended purposes, especially in households with skewed power dynamics.
      • Market Failures: In areas with poor market access, cash may not be able to procure necessary goods/services (e.g., food grains).
      • Inflationary Risk: Large-scale cash transfers can stoke demand-pull inflation.
      • Low Financial Literacy: Beneficiaries may be vulnerable to fraud.
    • Conclusion: Conclude that while DBT is a powerful tool, it is not a panacea. A hybrid approach (cash + in-kind), coupled with efforts to bridge the digital divide and enhance financial literacy, is the optimal way forward.

  3. The increase in life expectancy in the country has led to newer health challenges in the community. What are those challenges and what steps need to be taken to meet them? (UPSC CSE 2022, GS Paper II)

    Answer Framework:

    • Introduction: Acknowledge India’s success in increasing life expectancy and state that this demographic transition brings a new set of health challenges, primarily non-communicable and geriatric diseases.
    • Body Part 1: Newer Health Challenges:
      • Epidemiological Transition: Shift from communicable diseases to Non-Communicable Diseases (NCDs) like diabetes, hypertension, cardiovascular diseases, and cancer.
      • Geriatric Care: Increased prevalence of age-related issues like dementia, Alzheimer’s, osteoporosis, and the need for palliative and long-term care.
      • Mental Health: Growing burden of mental health issues among the elderly, including depression and loneliness.
      • Economic Burden: High out-of-pocket expenditure on chronic diseases, pushing families into poverty.
    • Body Part 2: Steps Needed to Meet these Challenges:
      • Policy Shift: Reorient health policy from purely curative to preventive and promotive healthcare. Strengthen primary healthcare centers (e.g., Ayushman Bharat-Health and Wellness Centres) for screening and management of NCDs.
      • Infrastructure: Invest in geriatric care facilities, palliative care units, and mental health services under schemes like the National Programme for Health Care of the Elderly (NPHCE).
      • Financial Protection: Expand health insurance coverage for chronic illnesses and outpatient care.
      • Human Resources: Train healthcare professionals in geriatric and palliative medicine.
      • Social Support: Promote community-based care models and strengthen social security for the elderly.
    • Conclusion: Conclude by emphasizing the need for a holistic, life-cycle approach to health that integrates preventive, curative, and rehabilitative care to ensure healthy aging for India’s growing elderly population.

  4. How has the emphasis on ‘freebies’ during elections in various states created challenges for the fiscal health of the states? (UPSC CSE 2023, GS Paper II)

    Answer Framework:

    • Introduction: Define ‘freebies’ in the context of electoral promises, distinguishing them from essential welfare expenditures. State that competitive populism has led to significant fiscal stress for states.
    • Body Part 1: Nature of Electoral Freebies: Provide examples like free electricity, loan waivers, free consumer durables (laptops, TVs), and cash handouts promised before elections.
    • Body Part 2: Challenges to Fiscal Health:
      • Increased Revenue Deficit: Freebies are un-targeted revenue expenditures that increase the deficit, forcing states to borrow more.
      • Crowding Out of Capital Expenditure: Limited resources are diverted from productive capital investments (like infrastructure, schools, hospitals) to finance freebies. This hampers long-term growth.
      • Rising Debt Burden: States accumulate unsustainable levels of debt, leading to higher interest payments and potential debt traps.
      • Distortion of Economic Behavior: For example, free electricity can lead to wasteful consumption and cripple power distribution companies (DISCOMs). Farm loan waivers can damage the credit culture.
      • Impact on FRBM Targets: States frequently breach their fiscal deficit targets laid down by their respective FRBM Acts.
    • Conclusion: Summarize the detrimental impact of the freebie culture. Suggest solutions like a clearer definition of freebies vs. welfare by the ECI/judiciary, making parties declare the fiscal cost of their promises, and strengthening fiscal responsibility legislation at the state level.

  5. Critically examine the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body. (UPSC CSE 2023, GS Paper II)

    Answer Framework:

    • Introduction: Briefly trace the evolution of the NCBC from a statutory body (under the NCBC Act, 1993) to a constitutional body through the 102nd Constitutional Amendment Act, 2018, which inserted Article 338B.
    • Body Part 1: Enhanced Role and Powers after Constitutional Status:
      • Constitutional Mandate: Explain that its primary role is now constitutionally mandated under Article 338B, giving it greater authority and permanence.
      • Expanded Functions: Its functions expanded to include safeguarding the rights of Socially and Educationally Backward Classes (SEBCs) and addressing their grievances.
      • Powers of a Civil Court: It now possesses the powers of a civil court to summon individuals, examine evidence, etc., giving it more teeth for investigation.
      • Mandatory Consultation: The Union and State governments are obligated to consult the NCBC on all major policy matters affecting the SEBCs.
    • Body Part 2: Critical Examination (Challenges and Limitations):
      • Federal Tensions: The 102nd Amendment initially created ambiguity regarding the power of states to identify SEBCs, which was later clarified by the 105th Amendment Act, 2021, restoring state power. This highlights potential friction.
      • Recommen­datory Nature: Despite its enhanced powers, its recommendations are still not binding on the government.
      • Resource Constraints: The commission may lack adequate financial and human resources to effectively discharge its vast mandate.
      • Implementation Gap: The real test lies in how its recommendations are implemented by the executive and the actual impact on the ground for backward classes.
    • Conclusion: Conclude that while constitutional status has significantly elevated the NCBC’s stature and authority, its effectiveness hinges on political will, adequate resource allocation, and the government’s response to its recommendations. The transformation is a positive step towards social justice, but its full potential is yet to be realized.

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