Ethics, Integrity and Aptitude : Sample Paper [ from UPSC ]

Sample Paper of "Ethics, Integrity and Aptitude" uploaded on UPSC website.

source: http://www.upsc.gov.in/exams/misc/2013/samplepaper.pdf

Recently UPSC has brought out some changes in civil services (Mains) examination and a new paper on ethics, integrity and aptitude has been introduced. Following is the core area on which emphasis has been made.

• Ethics
• Attitude
• Aptitude for the Civil Services.
• Emotional intelligence.
• Contribution of thinkers.
• Public Service/Civil Service values and intergrity.
• Honesty and Probity in Public Life.

It has also been suggested that case study approach may be adopted on the above points.
Importance and significance of ethics - The Rig Veda states "Atmano Mokshartham jagat hitayacha" i.e. private good of self promotion should be subservient to the greatest good of all.

Kautilya's Arthshastra says -

"Praja sukhe sukham rajyaha
prajanam cha Hitehitam,
Natma priyam hitam rajanaha
Prajanam cha hitam priyam"

(In the happiness of his public rests the king's happiness, in their welfare his welfare..)

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Formation of New states and Telangana

The Constitution of India came into being on November 26th, 1949 which enshrined the powers of formation a new state to the Centre alone. This was done so as to ensure that reckless division of states for the petty motives driven by linguistic and cultural considerations of local leaders may not affect the ultimate goal of 'national integrity' which our nation strives for. So the Article 3 of our constitution laid down the rules of balkanization of a state, the powers of which are vested in the Parliament which subject to consideration may pass the law after careful deliberation.

Laws regarding these issues have been clearly laid down in Article 2 and Article 3 of the Indian Constitution.
Article 2 reads as, “Admission or establishment of new States.—Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit”.

The text of article 3 says, “Formation of new States and alteration of areas, boundaries or names of existing States.—Parliament may by law—
(a) Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;
(b) Increase the area of any State;
(c) Diminish the area of any State;
(d) Alter the boundaries of any State;
(e) Alter the name of any State:

If the Parliament acts as per these provisions of the Constitution, it will automatically effect a change in the Schedules, without necessitating a separate Constitutional Amendment. The Bill approved by the Parliament would change those schedules to suit the new state. Hence Constitutional Amendment is also not required.

Reference of The Bill to The State Legislature :

The Constitution explicitly provides the procedure for the formation of new States in Article 3.
The legislation creating Telangana comes under the ambit of Article 3(a) as it seeks to form the State of Telangana by separating territory from the State of Andhra Pradesh. Therefore, it is essential that the legislation strictly complies with the procedure laid down under Article 3.

The proviso appended thereto postulates :

(1) A Bill not being introduced in Parliament except on the recommendation of the President; and
(2) Where the proposal contained in the Bill affects the areas, boundaries or names of any of the States, reference of the Bill by the President to the Legislature of that State for expressing its views thereon.

1. Parliament is not bound to accept or act upon the views of the State Legislature.
2. Even, one or the other view had been expressed in the State Legislature, the same is not binding upon the Parliament.
3. Furthermore, if a Bill has once been referred to the State Legislature, it can be later amended by the Parliament without fresh reference to the State Legislature.

According to the proviso to Article 3, where the proposal contained in the bill affects the area, boundaries or names of any of the states; it must be referred by the President to the concerned State Legislature for expressing its views thereon within a specified period.
The States have only the right to be afforded an opportunity to express their views. Thus it is imperative that the President refer the Bill to the concerned Legislature.

The exceptional circumstances during which the President need not ascertain the views of the concerned State are :

(a) When a state legislature is suspended by the President under Article 356, the question of ascertaining the views of the State Legislature does not arise. E.g. Punjab Reorganization Act, 1966 which was passed when the State of Punjab was under President’s rule. The President had, in exercise of his powers under Article 356(1)(c), suspended the operation of the proviso to Article 3 in so far as it related to the sending of the Bill to the State Legislature for its views.

(b) Where the original Bill has been referred to the State Legislature but modifications to the Bill have not. E.g. The Bombay Reorganization Bill as introduced in Parliament provided for the creation of Maharashtra and Gujarat and the Union Territory of Bombay. The President had sent this Bill to the Bombay Legislature in order to ascertain its views. The Bombay Legislature, after expressing its views, sent the Bill back to Parliament where the Bill was modified in that the proposal for the creation of the Union Territory of Bombay was jettisoned. The Bill was passed as modified.

In Babulal Parate v State of Bombay, the Act was challenged on the ground that as on the amended Bill the views of the State Legislature had not been ascertained, it was unconstitutional. In this case, the Supreme Court held that the original Bill should be referred to the State Legislature concerned; it does not require fresh reference everytime an amendment of the proposal contained in the Bill is moved and accepted in Parliament.

Telangana
The historical perspective of the demand for creation of the state of Telangana could not have been neglected. If we go to the etymology of the word, it means, “Land of Telugu people”. The name itself suggests its association with the Telugu heartland, its geographical status. The geographical status of this state dates back to Puranic times where it has been extensively discussed as Tailangana Desha, the land of till, or oil seeds.

Right from the 14th Century to 1956, Telangana was never a part of Andhra. Six centuries of separate existence has led Telangana to acquire an identity of its own. The Fazal Ali Committee whose recommendations led to the redrawing of the provincial boundaries of India had specifically commented on Telangana. It stated that it would be wrong to merge Telangana with Andhra once the old Hyderabad state (comprising of modern day North Karnataka, Marathwada and Telangana) was abolished.

It recommended a separate Hyderabad State that may join Andhra at its own option later. This was however overlooked by the Govt. of India in view of a Gentlemen’s Agreement entered into by Telangana and Andhra leaders.

Why people of Telangana were demanding seperate states :

1. There are 10 districts in Telangana, 9 in Andhra and 4 in Rayalaseema. Out of these Districts, 7 are in Telangana, 3 are in Andhra and 1 in Rayalaseema are considered as severely backward districts which means 70% of districts in Telangana are backward while in Andhra it is 35% and in Rayalaseema it is 25%. Apart from these there are some areas in all parts of the state which are also backward.

2. 45% of the state income comes from Telangana region. When it comes to utilization of funds, the share of Telangana is only 28%.

3. Normally canals are dug to supply water to the crops from rivers for cultivation. The amount of land cultivated through canals in just Guntur district is MORE THAN the land cultivated with canals in entire Telangana region.

4. Nagarjuna sagar dam is built in Nalgonda district which is in Telangana but majority of the water from the dam is used for Krishna and Guntur district. The original dam was supposed to be build much ahead of its present location but the location was changed so that it falls in the Telangana region. Due to the construction of the dam several hectares of Lime stone mines vanished as part of the dam back waters. Everyone knows that lime stone is used for producing cement. Even the natural resources were not allowed to remain.

5. Two major rivers Krishna and Tungabhadra enter the state of AP in the district of Mahaboobnagar (the biggest district in Telangana) but the district always remains the worst draught hit areas along with Anantapur because there is no project and process with which the water can be utilized. The plan for utilization has been pending for decades.

6. 3 TMC of water from Gandipet is sufficient to supply drinking water to our city. Every year 1700 TMC of water is wasted and is flown into Bay of Bengal from river Godavari. Starting from Nizamabad to Bay of Bengal there is no project allowed to build on Godavari. If it is built leaders in Godavari districts fear that the fertile lands in the area may fall short of water. If the Godavari water is utilized properly, there will be no scarcity for food grains in our state.

7. Government issue G.O.'s for implicating its decisions. G.O number 610 is the longest non implicated G.O in the history of AP. The G.O was issued in 1986 by late NTR who was then the CM of AP, which is not yet implicated. The G.O speaks about the share of Telangana employees in Government jobs in Telangana region.

8. It was also feared that the people of Andhra, who had access to higher standards of education under the British Rule, would have an unfair advantage in seeking Government and Educational jobs.


Timeline of EVENTS

# Central government appointed a civil servant, M K Vellodi, as the first Chief Minister of Hyderabad state on 26 January 1950. In 1952, Burgula Ramakrishna Rao was elected Chief Minister of Hyderabad state in the first democratic election.


# Andhra was the first state to be carved out (from erstwhile Madras state) on linguistic basis on 1 November, 1953. It had Kurnool town (in Rayalaseema region) as its capital after the death of Potti Sriramulu who sat on a 53-day fast-unto-death demanding the new state.

• The States Reorganization Commission (SRC) was not in favour of an immediate merger of Telangana region with Andhra state, despite the common language between the two.
  
• Paragraph 382 of States Reorganization Commission Report (SRC) said
• “opinion in Andhra is overwhelmingly in favour of the larger unit, public opinion in Telangana has still to crystallize itself. Important leaders of public opinion in Andhra themselves seem to appreciate that the unification of Telangana with Andhra, though desirable, should be based on a voluntary and willing association of the people and that it is primarily for the people of Telangana to take a decision about their future”.
  
  
• # The proposal for amalgamation of Hyderabad state with Andhra state came up in 1953 and the then Chief Minister of Hyderabad state, Burgula Ramakrishna Rao, supported the Congress central leadership’s decision in this regard though there was opposition in Telangana region.
  
  
• # Accepting the merger proposal, Andhra assembly passed a resolution on November 25, 1955 promising to safeguard the interests of Telangana.
  
  
• # An agreement was reached between Telangana leaders and Andhra leaders on February 20, 1956 to merge Telangana and Andhra with promises to safeguard Telangana’s interests. A “Gentlemen’s Agreement” was then signed by Bezawada Gopala Reddy and Burgula Ramakrishna Rao to the effect.
  
  

The Andhra leaders promised among others that
1. Telangana would benefit from the planned dams on the Krishna and Godavari rivers
2. Telanganites would be given preference in jobs
3. 40% of ministers to be from Telangana.

# Eventually, under the States Re-organisation Act, Telugu-speaking areas of Hyderabad state were merged with Andhra state, giving birth to the state of Andhra Pradesh on 1 November, 1956.
The city of Hyderabad, the then capital of Hyderabad state, was made the capital of Andhra Pradesh state.

# In 1969, an agitation began in Telangana region as people protested the failure to implement the Gentlemen’s Agreement and other safeguards properly.
Marri Channa Reddy launched the Telangana Praja Samiti espousing the cause of a separate state. The agitation intensified and turned violent with students in the forefront of the struggle and about 300 of them were killed in violence and police firing that ensued.
Following several rounds of talks with leaders of the two regions, the then Prime Minister Indira Gandhi came up with an eight-point plan on April 12, 1969. Telangana leaders rejected the plan and protests continued under the aegis of Telangana Praja Samiti.

# In 1972, Jai Andhra movement started in Andhra-Rayalaseema regions as a counter to Telangana struggle.

# On September 21, 1973, a political settlement was reached with the Centre and a 6-point formula put in place to placate people of the two regions.

# In 1985, employees from Telangana region cried foul over appointments in government departments and complained about ‘injustice’ done to people of the region.
The then Telugu Desam Party government, headed by N T Rama Rao, brought out a Government Order to safeguard the interests of Telangana people in government employment.
Till 1999, there was no demand from any quarters for division of the state on regional lines.

# In 1999, Congress demanded creation of Telangana state. Congress was then smarting under crushing defeats in successive elections to the state Assembly and Parliament with the ruling Telugu Desam Party in an unassailable position.

# Yet another chapter opened in the struggle for Telangana when Kalvakuntla Chandrasekhar Rao, who was seething over denial of Cabinet berth in the Chandrababu Naidu government, walked out of TDP and launched Telangana Rashtra Samiti on 27 April, 2001.

# Following pressure applied by Telangana Congress leaders, the Central Working Committee of Congress in 2001 sent a resolution to the then NDA government seeking constitution of a second States Re-organisation Commission to look into Telangana state demand, which was rejected by the then Union Home Minister L K Advani saying smaller states were “neither viable nor conducive” to integrity of the country.

# TRS started gradually building the movement for a separate state.
Congress forged an electoral alliance with TRS by promising to create Telangana state.
Congress came to power in 2004, both in the state and at the Centre, and TRS became part of the coalition governments at both places.

# Protesting delay in carving out the separate state, TRS quit the coalition governments in the state and at the Centre in December 2006 and continued an independent fight.

# In October 2008, TDP changed its stance and declared support for bifurcation of the state.

# TRS launched an indefinite hunger-strike on 29 November, 2009 demanding creation of Telangana. The Centre budged and came out with an announcement on 9 December, 2009 that it was “initiating the process for formation of Telangana state”.

# But the Centre announced on 23 December, 2009 that it was putting Telangana issue on hold. This fanned protests across Telangana with some students ending their lives for a separate state.

# The Centre then constituted a five-member Committee on 3 February, 2010, headed by former judge Srikrishna, to look into statehood demand. The Committee submitted its report to the Centre on 30 December, 2010.

# Dec 28, 2012: Union home minister Sushilkumar Shinde announced after an all-party meeting that a decision will be announced in a month.

# July 1, 2013: Congress leader Digvijaya Singh announced that a decision on Telangana is in final stages.

# July 12, 2013: Congress core group met on Telangana to discuss reports by the chief minister, deputy chief minister and state Congress chief.

# July 26, 2013: Congress core group held another meeting, Digvijaya Singh said Congress Working Committee (CWC) and UPA will take a final decision.

# July 30, 2013: UPA coordination panel and CWC met and decided to carve out Telangana state.

Here are some points highlighting the road ahead for the state.

• 1. The Union cabinet will take up the issue on Wednesday and share its plans with the President
• 2. Government will refer the proposal to the Andhra Pradesh legislature for a resolution
• Proposal will be sent back to the cabinet
• 3. A Group of ministers (GoM) will address the concerns of the three Andhra Pradesh regions on sharing water, land, electricity and revenue
• 4. GoM will ask the law ministry to draft a legislation, which will be sent to the AP assembly and home ministry
• 5. Bill cleared by the cabinet will go the President, who will forward it to Parliament
• 6. Both the Houses of Parliament will have to pass a resolution by a simple majority
• 7. Telangana will be born after the President's assent to the bill

The entire process is likely to take four to five months.


Pending State Demands
1. Vidarbha ( out of Maharashta )
2. Harit Pradesh (out of UP )
3. Poorvanchal , Bundelkhand ( out of UP and MP )
4. Kosala ( out of Orissa )
5. Gorkhaland (out of  West Bengal)

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Election laws in India

India is a sovereign, socialist, secular democratic republic. Democracy is one of the inalienable basic features of the Constitution of India and forms part of its basic structure (Kesavanand Bharati v State of Kerala and Others AIR 1973 SC 1461). The concept of democracy, as visualized by the Constitution, pre-supposes the representation of the people in Parliament and State Legislatures by the method of election (N P Punnuswami v Returning Officer Namakkal AIR 1952 SC 64). For democracy to survive rule of law must prevail and it is necessary that the best available men should be chosen as people’s representatives for proper governance of the country (Gadakh Yashwantrao Kankararao v Balasaheb Vikhepatil AIR 1994 SC 678). And for the best available men to be chosen as people’s representatives, elections must be free and fair and conducted in an atmosphere where the electors are able to exercise their franchise according to their own free will. Thus, free and fair elections form the bedrock of democracy.

India has adopted the British Westminster system of parliamentary form of government. We have an elected President, elected Vice-President, elected Parliament and elected State Legislature for every State. Now, we also have elected municipalities, panchayats and other local bodies. For ensuring free and fair elections to these offices and bodies, there are three pre-requisites:

(1) an authority to conduct these elections, which should be insulated from political and executive interference,

(2) set of laws which should govern the conduct of elections and in accordance whereof the authority charged with the responsibility of conducting these elections should hold them, and

(3) a mechanism whereby all doubts and disputes arising in connection with these elections should be resolved.

The Constitution of India has paid due attention to all these imperatives and duly provided for all the three matters.

1. The Constitution has created an independent Election Commission of India in which vests the superintendence, direction and control of preparation of electoral rolls for, and conduct of elections to, the offices of President and Vice-President of India and Parliament and State Legislatures (Article 324).
2. A similar independent constitutional authority has been created for conduct of elections to municipalities, panchayats and other local bodies (Articles 243 K and 243 ZA).
3. The authority to enact laws for elections to the offices of President and Vice-President and to Parliament and State Legislatures has been reposed by the Constitution in Indian Parliament (Articles 71 and 327).
4. Laws relating to conduct of elections to municipalities, panchayats and other local bodies are framed by the respective State Legislatures (Articles 243 K and 243 ZA).
5. All doubts and disputes relating to the elections to the office of President and Vice-President are dealt with by the Supreme Court (Article 71),
6. Whereas the initial jurisdiction to deal with all doubts and disputes relating to the elections to Parliament and State Legislatures vests in the High Court of the State concerned, with a right of appeal to the Supreme Court (Article 329).
7. The disputed matters relating to elections to municipalities, etc. are decided by the lower courts in accordance with the laws made by the respective State Governments.

The law relating to the elections to the offices of President and Vice-President of India has been enacted by Parliament in the form of Presidential and Vice-Presidential Elections Act 1952. This Act has been supplemented by the Presidential and Vice-Presidential Elections Rules 1974 and further supplemented by the Election Commission’s directions and instructions on all aspects.

Conduct of elections to Parliament and State Legislatures are governed by the provisions of two Acts, namely, Representation of the People Act 1950 and Representation of the People Act 1951.

Representation of the People Act 1950 deals mainly with the matters relating to the preparation and revision of electoral rolls. The provisions of this Act have been supplemented by detailed rules, Registration of Electors Rules 1960, made by the Central Government, in consultation with the Election Commission, under Section 28 of that Act and these rules deal with all the aspects of preparation of electoral rolls, their periodic revision and updating, inclusion of eligible names, exclusion of ineligible names, correction of particulars, etc. These rules also provide for the issue of electoral identity cards to registered electors bearing their photographs at the State cost. These rules also empower the Election Commission to prepare the photo electoral rolls containing photographs of electors, in addition to their other particulars.

All matters relating to the actual conduct of elections are governed by the provisions of the Representation of the People Act 1951 which have been supplemented by the Conduct of Elections Rules 1961 framed by the Central Government, in consultation with the Election Commission, under Section 169 of that Act. This Act and the rules make detailed provisions for all stages of the conduct of elections like the issue of writ notification calling the election, filing of nominations, scrutiny of nominations, withdrawal of candidatures, taking of poll, counting of votes and constitution of the Houses on the basis of the results so declared.

Symbol of Election commission of India	V.S.Sampath - Current CEC

The superintendence, directions and control of elections vested by the Constitution in the Election Commission empowers the Commission even to make special orders and directions to deal with the situations for which the laws enacted by the Parliament make no provision or insufficient provision. The classic example of filling such vacuous area is the promulgation of the Election Symbols (Reservation and Allotment) Order 1968 which governs the matters relating to recognition of political parties at the National and State level, reservation of election symbols for them, resolution of disputes between splinter groups of such recognised parties, and allotment of symbols to all candidates at elections, etc.

Another such vacuous area where the Election Commission exercises its inherent powers under Article 324 of the Constitution is the enforcement of the Model Code of Conduct for guidance of political parties and candidates. The Model Code is a unique document evolved by the political parties themselves to govern their conduct during elections so as to ensure that a level playing field for all political parties is maintained during elections and, in particular, to curb the misuse of official power and official machinery by the ruling party(ies) to further the electoral prospects of their candidates.

All post election matters to resolve doubts and disputes arising out of or in connection with the elections are also dealt with in accordance with the provisions of the Representation of the People Act 1951. Under this Act, all such doubts and disputes can be raised before the High Court of the State concerned, but only after the election is over and not when the election process is still on.

The above mentioned Representation of the People Acts 1950 and 1951 and the Registration of Electors Rules 1960 and Conduct of Elections Rules 1961 form complete code on all matters relating to elections to both Houses of Parliament and State Legislatures. Any person aggrieved by any of the decisions of the Election Commission or the authorities functioning under it has to find a remedy in accordance with the provisions of these Acts and Rules.

These Acts and Rules enable the Election Commission to issue directions and instructions to deal with various aspects of the preparation/revision of electoral rolls and the conduct of elections and lead all such matters of detail to be dealt with by the Commission. Pursuant thereto, the Commission has issued a plethora of directions and instructions which have been consolidated by the Commission in various compendia and the handbooks for the Electoral Registration Officers, Returning Officers, Presiding Officers, candidates, polling agents and counting agents.

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Companies Bill, 2011

* The Rajya Sabha today passed the much-awaited Companies Bill.
* The Bill had been passed by the Lok Sabha in December last year.
* The Companies Bill, which will replace the nearly 57-year-old Companies Act, enacted in 1956.
* This bill is aimed at protecting the interest of employees and small investors.
* Now that both houses of Parliament have passed the Bill, it will go to President Pranab Mukherjee for his assent before it becomes law, following which the Ministry of Corporate Affairs will issue a notification.

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Harshavardhan (606-647 AD)

Sources for Harsha's Period

King Harshavardhan was one of the most efficient rulers who unified the north of India into one single segment after the decline of the Gupta Empire. He ruled India for a time period of forty years. He was also known as simply Harsha. His father was Prabhakar Vardhan and his brother was the king of Thanesar, Rajyavardhan. Harshavardhan unified the whole of northern India that includes central, western and parts of Deccan plateau. Read the life history of Harsha Vardhana in this short biography.

Prabhakar Vardhan was the initial ruler of the Vardhan dynasty and established his capital at Thanesar located in Kurukshetra. His elder son, Rajyavardhan succeeded him after his death. However, he too was killed in a battle against Devagupta, a ruler who had killed his sister's husband. The throne could not remain empty, so everyone decided to appoint young Harshavardhan as the king. Thus, Harsha became the ruler at the tender age of 16! Even at this young age, he proved himself to be an able ruler and gained fame and fortune at a very young age.

He first stopped his sister from committing the Sati, a ritual where the wife is supposed to die along with her deceased husband in the pyre. He then merged the kingdoms of Kannauj and Thanesar and made Kannauj his capital city. He was an efficient warrior and won many battles against different rulers. He spread his territory rapidly across the Gangetic plain conquering the states of Haryana, Kannauj, Bengal, Gujarat and Bihar. He also conquered some parts of Orissa.

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