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My Notes 05-April-2017 05-04-2017

Dear Students,

Please Follow My Notes and My Video 05-April-2017



Article: My way on the highway

Context: Judicial overreach

Questions to think: why Judicial overreach is not good?


Recent SC judgement to ban alcohol sales with in 500m distance of National and state highways is a clear example for Judicial overreach. Policy formulation is a domain of executive and Judiciary can not enter in to that area for two reasons.

  1. Judiciary has no expertise in dealing with policy matters. Policy issues are poly centric problems that have many interconnections leading to unexpected outcomes. SC do not have time, expertise and resources to deal with the same.
  2. Separation of powers – a Basic feature of Indian constitution, kept the policy matters out of the purview of the courts.   .

Words/case studies/examples : poly centric problems : Certain social issues, according toFuller, involved a complex set of interdependent relationships, wherechanging one feature could result in unforeseen and far reaching changes to other features. A poly-centric problem was like a spiderweb, where “a pull on one strand will distribute tensions after a com-plicated pattern throughout the web as a whole”.

Carry home points :

  1. 1.      Judiciary is ill suited to deal with polycentric problems.
  2. 2.      Art 21 of the constitution is not merely a right against state action that deprives an individual of his/her life, but also against state inaction that results in loss of life.
  3. 3.      Art 142 of the constitution empowers the Supreme Court to do complete justice in any case before it. ( with in its Jurisdiction)



Article: The right to recall Legislators.

Context: Instruments of democracy

Questions to think: right to recall – can it be implemented in India?


Athens – oldest democracy in Athens has practices right to recall in its rudimentary form as ostracism. It involved expulsion of the people who do not fulfil their responsibilities. In Modern democracies Canada, states like Montana, Rhode Island, Minnesota also gave right to recall to its citizens. In India, Local governments in Chattisgarh, MP have incorporated the provisions in their laws. Arguments in favour of right to recall are

  1. In a democracy, representatives shall work in interest of the people whom they are working. If they fail, people shall have a right to recall them from their positions. So, right to recall flows form the very right to elect.
  2. Right to recall increases sense of responsibility of members to their voters.
  3. In first pass the post system, many a times a representative represents a sectional interests to nurture a vote bank. In such a scenario, right to recall will be helpful.


  1. In a multicultural society like India, it can be prone for misuse and country can be pushed in to elections regularly.
  2. It can also increase instability of the governments of the day.

Words/case studies/examples/ definitions :

  1. 1.      recall election is typically a pro-cess by which voters seek to remove elected officials through a direct vote before their term is completed.
  2. 2.      California’s gubernatorial recall elections are notorious for the influence of special interests, with GovernorDavis’ recall vote, in 2003, a classic example.

Carry home points : right to recall can strengthen democratic accountability of elected representatives.





Questions to think:


India and Bangladesh share 54 rivers between them. Teesta river water sharing is a major bone of contention between both countries. In 1983, through an Adhoc agreement, india and Bangladesh agreed to share 39% and 36% of water respectively.The remaining 25% was to be allocated after further study.  Later,an agreement signed between the countries for equal sharing of water after leaving aside 20% of the flow of the river. It did not go through due to opposition from West Bengal. If India and Bangladesh can agree in river water sharing, basin management arrangements can be taken forward.

Bangladesh wants to build Ganges barrage across the river, if flow of the water is ensured.

Words/case studies/examples : Major problem is sharing of water during dry seasons and flood management during monsoons.

Carry home points :

  1. 1.      teestaoriginates in Sikkim.
  2. 2.      It meets Brahmaputra in Bangladesh. Longest basin for the river is in India.
  3. 3.      Teesta river water treaty is a litmus test for India – Bangladesh relaitons.




  1. 1.      Syria in violation of chemical weapons convention has used chemical weapons on Idlib. The organisation for the prohibition of chemical weapons says chlorine was systematically and repeatedly used in Idlib.
  2. 2.      USA has tightened norms for H1B visa and limited itonly for the people with special expertise.
  3. 3.      Sheikh Hasina, Prime Minister of Bangladesh is visiting India from 7th April. Total 35 agreements including Teesta river water agreement, defence cooperation is expected to be signed.
  4. 4.      Youth Modern in india, conservative in outlook says a naitonal survey conducted by centre for the study of developing Societies. 


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