Q.1) Critically examine the role of Alternative Dispute Resolution to resolve the huge pendency of cases on the judiciary in India?
Types of Alternative Dispute Resolution mechanisms:
- Arbitration is a procedure in which the dispute is submitted to an arbitral tribunal which makes a decision on the dispute that is binding on the parties.
- Fast Track Arbitration is a time-bound arbitration, with stricter rules of procedure, which do not allow any laxity for extensions of time, and the resultant delays, and the reduced span of time makes it more cost effective.
- Lok Adalats are being regularly organized primarily by the State Legal Aid and the Advice Boards with the help of District Legal Aid and Advice Committees for faster disposal of litigations.
- Conciliation is an unstructured method of dispute resolution in which neutral person meets with the parties to a dispute and makes an attempt to resolve issue.
- Negotiation refers to self counseling between the parties to resolve their dispute which does not have any statutory recognition in India.
- Mediation is a process in which the mediator, an external person, neutral to the dispute, works with the parties to find a solution which is acceptable to all of them
Advantages in resolving problem of pendency:
- More efficient in redressal as it provides quick solutions and is cost efficient too.
- These methods usually involve a third party referred to as neutral, a skilled helper who either assists the parties in a dispute or conflict to reach at a decision by agreement or facilitates in arriving at a solution.
- Information can be gathered more efficiently by an informal exchange across the table.
- Flexibility in the procedure as compared to traditional court system.
Q.2) The No Detention Policy has been the center of debate and controversy. Discuss the reason for its adoption and issues arising out of its implementation.
As per the current education system in India, all the students up till Class 8 will automatically be promoted to next class. No one can be failed as per the Right to Education Act. This is known as the ‘No-Detention Policy‘.
For the provision:
- It brings accountability in our elementary education system.
- The focus on inputs will now be shifted to outcomes. Successive ASER reports show the poor state of primary education in India.
- Apathy from teachers: With the policy in place, the Education Department does not take steps to revamp itself and the teachers do not take the pain to ensure a good education for the children.
Against the provision:
- Making children repeat classes could force the most marginalised and economically deprived among them to drop out.
- Other reforms under RTE were not implemented. Less than 10% schools are fully RTE Act-compliant.
- Comprehensive continuous evaluation meant assessments were used for learning, to know where the child is struggling and taking remedial measures.
- Ban on board exams in elementary school and insistence on continuous evaluation were born of the recognition of the ill-effects of public examination which cause stress but test only a certain kind of ability
Q.3) Ashoka’s Dhamma is an inspiring source of Indian governance. Elucidate.
Ashoka’s policy mainly concerned the ordinary people of his empire. It aimed at bringing happiness in the lives of the common subjects. In spite of his belief in and respect for traditional Buddhist principles, Ashoka emphasizes the importance of happiness and describes it as the ultimate Phala (fruit) of Dhamma.
Features of Dhamma policy:
- Prohibition of animal sacrifices and festive gatherings
- Mentions about the introduction of the institution of the dhamma-mahammatas, the officers of the Dhamma in his fourteenth year of reign. It also mentions about humane treatment of servants by masters and of prisoners by government officials
- pleads for toleration amongst all sects
- All ceremonies are useless except Dhamma which includes respect for others and regard even for slaves and servants and donations to sramanas and Brahmans.
- Religious Tolerance – The ideas expressed in his ethical code are basic to all major religions. Unlike many other proponents of other religions, Ashoka never criticized other faiths to promote Buddhism. In fact, he encouraged equal and respectable treatment to all the existing religions of his time. Despite having unrestricted powers, he never misused them for forceful conversions.
- Opposition to Superstitions – By introducing tolerance, Ashoka tried to propagate religious harmony amongst his subjects. He wanted to establish peaceful co-existence of all religions. However, he also showed the courage to ban festive gatherings.
- Social Solidarity – Ashoka was well-acquainted with the diverse and heterogeneous nature of the then existing society where Brahmanical scriptures had legitimized social inequality. Despite Buddhism and Jainism‟s efforts to propagate equality in pre-Mauryan times, the Varna hierarchy, caste hegemony and social disabilities had not entirely disappeared. By openly expressing respect for the Brahmanas, the Sramanas, the Ajivikas and Buddhist, he not only avoided direct confrontations, but also eliminated sectarian conflicts.
Q.4) The Indian Space Research Organisation (ISRO) successfully launched PSLV-C45. List the unique features of ISRO PSLV-C45/EMISAT Mission? Why it is so significant for India?
Unique features tried for the first time:
- it was the first time ISRO launched a rocket that injected satellites in three different orbits
- fourth and last stage of the rocket will function as a satellite itself for some time, instead of being rendered junk after ejecting its payloads
- the rocket carried four strap-on motors. Strap-ons are booster rockets attached externally to the main rocket, and provide additional thrust, or energy, by firing themselves midway during the flight. In earlier flights, ISRO has used two or six strap-on motors. The four extra-large strap-ons used this time reduced the overall weight while still delivering the power equivalent to six motors
- launched the country’s first electronic surveillance satellite; will add teeth to situational awareness of the Armed Forces as it will provide location and information of hostile radars placed at the borders
Significance for India:
- Reaching three different orbits gives ISRO a new technological edge. It demonstrated its capability to reuse the fourth-stage engines multiple times, and also showed that the guidance and navigation systems aboard the launch vehicle could be used for much longer times than in earlier missions.
- it will help ISRO pack its future rockets with multiple satellites even if they require to be placed in very diverse but precise orbits
- The fourth stage is carrying three kinds of equipment to carry out some measurements and experiments, and a solar panel to provide power to these equipments and enable communication with ground stations