Dear Students,

Please note that mains test UTM03 is already live in student portal. The questions are as follows-


  1. “Constitution of India is the embodiment of human values and ethical principles”. Elucidate.
  2. In light of the Satwant Singh and the Maneka Gandhi case, compare and contrast “procedure established by law” vis-a-vis “due process of the law”.
  3. Discuss the constitutional basis of right to privacy. Is right to privacy sacrosanct?
  4. Many eminent jurists noted the Kesavananda Bharati case as the ‘the Indian Constitution of the future’. Elucidate.
  5. What do you understand by “data democracy”? Discuss it in light of the “Internet bill of rights” as enacted by Brazil. Do you think it is time for India to enact such a law?
  6. Elections in India have become a continuous process and political parties with stakes in various states are constantly preparing for one election or the other. Discuss the problems associated with frequent elections and suggest a way forward.
  7. Judiciary, in recent years is increasingly being criticized for actively encroaching upon the powers of legislative and executive authorities. The judiciary must retain a fine balance between Judicial Activism and Judicial Over-reach. Elucidate.
  8. Discuss the constitutional underpinning behind “Prohibition of Alcohol”. Do you think only a prohibitive law is enough to save Indians from “Alcoholism”? According to you, what should a holistic plan must entail in this regard?
  9. Even after a quarter of a century of their enactment, the Panchayati Raj Institutions (PRIs) are yet to achieve their full potential. Do you agree? Discuss in light of various issues associated with PRIs in India and suggest measures.
  10. India has too many children but too little childhood. In light of this statement analyse the various legal and policy related loopholes in Indian context and suggest a way forward.
  11. What do you understand by judicial accountability? Discuss and suggest a way forward to inculcate judiciary accountability in Indian jurisprudence.
  12. Critically analyse IPC Section – 377 in light of the recent developments with respect to LGBT rights and comment on the judicial judgements pertaining to it.
  13. The union cabinet has recently passed the draft Surrogacy (Regulation) bill, 2016, which bans commercial surrogacy in India and allows altruistic surrogacy to a qualified set of couples. Critically analyse provisions of the bill and put forth your views on surrogacy.
  14. What do you understand by rights based approach? Do you think it is helping India better itself to be a more just and inclusive society. Analyse with examples and list out the benefits of this approach, if any.
  15. Do you think cultural rights should supersede democratic rights? Discuss it in the light of Article 371A of constitution of India.
  16. What do you understand by “Purposive interpretation” of a law or section of a law? Discuss it in light of the recent pronouncements by Supreme Court of India with regards to Section 123 of the Representation of the People Act, 1951.
  17. Discuss the key objectives of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Also bring out the challenges in its implementation.
  18. What do you understand by pressure group? Discuss their role in a vibrant democracy?
  19. Life Exists, therefore it has a right to exist; Death exist, therefore it has a right to exist too .In light of this statement analyse the legal entanglement surrounding Euthanasia in India.
  20. Do you think the contention that fundamental duties should be legalised is well founded? Give valid arguments with regards to your understanding and stance on this issue.

 


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  • Context:-

    At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

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    What is LEAF Coalition?

    • Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
    • LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

    Why LEAF Coalition?

    • The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
    • Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
    • Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
    • The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
    • REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
    • It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment. 
    • The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
    • Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
    • Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

    Brazil & India 

    • Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
    • Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
    • It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
    • It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
    • The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

    According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

    Tribes, Forests and Government

    Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

    Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

    For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.  

    To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

    Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

    There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

    Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

    Way Forward

    • Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
    • With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
    • Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

    Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

    “The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

    Perhaps India can begin by taking the first step.