Mains Q & A 4 March 2023
Q1. Collaboration between NGOs, the state, and businesses is the pinnacle of development. Do you agree? Comment (250 Words)
Paper & Topic: GS II Social Issues
The three primary social actors who have an impact on the development process are the government, non-governmental organisations (NGOs), and the corporate sector.
Developmental Role of Many Entities:
The development paradigm comprised ideas and methods including five-year plans, the creation of government agencies to run the economy, licences and permits to control resource allocation and investment, etc.
For the past 20 years or more, the paradigm of governance has changed, first gradually and then suddenly.
Under the influence of regional and international influences, the economy is moving more and more in the direction of globalisation, privatisation, and liberalisation.
The government seeks to act as a facilitator and regulator rather than actively participate in development.
The private sector can help many people out of poverty by creating a large number of jobs.
If governments can provide the proper conditions, the private sector can support equitable economic growth.
New opportunities for business growth initiatives have been opened up by technology and inventiveness.
The phrase “corporate social responsibility” (CSR) has become more common in business circles.
Enlightened businesspeople like Azim Premji of Wipro and NR Narayana Murthy of Infosys started corporate foundations with the aim of eradicating poverty in rural areas, eradicating illiteracy, improving healthcare facilities, etc.
Some additional companies are collaborating with NGOs to support development.
In these arrangements, the businesses give financial support, project management experience, efficient and effective resource use, monitoring progress through pre-identified milestones, and unbiased impact evaluation while the NGOs handle the actual groundwork.
The NGOs have emerged as a link, acting as a medium for the transmission of funds meant for development efforts as well as the voicing of people’s ideas.
The government also realised that involving NGOs in the development process has a number of advantages, including the fact that they are motivated and enthusiastic, adaptable in their operations, close to the general public, and provide additional labour to carry out developmental efforts.
NGOs increasingly play a significant part in the development process and are assuming more and more responsibilities in a variety of businesses.
In recent years, there has been an increase in the number of NGOs, their geographic reach, the variety of their target areas, the way resources are distributed, and, ultimately, the impact they have on society.
For development, the three organisations must collaborate:
The lack of innovation and risk-taking within the Indian bureaucratic elite hinders administration progress at a time when the objectives of political superiors are continuously changing.
Government workers are likewise terrified of failing, which unintentionally promotes those who avoid taking chances to the top of the food chain.
Government is short on managerial and financial resources and is aware of its limitations.
These days, NGOs are more persuasive, knowledgeable, experienced, and successful at advancing development.
Despite the fact that they frequently lack money, NGOs have the potential to function as vital cogs in the machinery of effective government rather than merely as players who must ride off into the sunset once their duty is done.
Unquestionably, business organisations have recognised their responsibility to actively contribute to society’s advancement and to do so, among other things, in their own well-informed self-interest.
Despite having a strong desire to help and the necessary material resources and administrative skills, they lack certain development experience.
As a result, the roles played by the government, NGOs, and businesses in terms of development are beginning to converge and complement one another.
It would be ideal if firms provide resources, as well as a mindset of higher accountability and efficiency, as well as a predisposition for monitoring progress and objectively assessing the results and effects.
The delivery arm for developmental activities may be NGOs, who would conduct the actual fieldwork in a way that was considerate of community needs and made effective and efficient use of resources to achieve desired goals.
By creating supportive legislative and regulatory frameworks, such as through appropriate taxation legislation, the government can serve as a facilitator and encourage enterprises and NGOs to contribute more to the development of our country.
The media could act as a stenographer, a watchdog, and a leaker. They made it possible to share success stories and give people the credit, recognition, and gratitude they deserved. Such stories could act as inspiration for companies and NGOs that desire to tackle development more actively.
Naturally, each of the aforementioned entities will need to comprehend their specific tasks, have faith in one another, and accept the ultimate goal that they are all striving towards together—the development of our country—for this new paradigm to be successful.
Q2. To strike a balance between individual and societal rights, India's Fundamental Rights are currently conditional rather than absolute. Analyse. (150 Words)
Paper & Topic: GS II Indian Constitution
Fundamental human rights are referred to as basic rights, and the Indian Constitution protects these rights for its people. They serve to limit the power of the state. These rights are highly cherished, and according to article 32 of the Constitution, any law that is thought to be in opposition to them may be challenged before the Supreme Court and subsequently overturned to the extent of the inconsistency. The Supreme Court may also issue any appropriate order, instruction, or writ to enforce these rights. Under article 226, the High Courts likewise possess comparable authority.
The Fundamental Rights are a cornerstone of the Constitution, yet they are not absolute. These rights are constrained in accordance with the Constitution’s own guidelines, which aim to achieve a balance between the demands of the public good and welfare and individual freedom and rights.
Despite being enforceable in court, basic rights are not unchangeable.
Reasonable restrictions and limitations on fundamental rights may be required for the protection of the public interest.
The Constitution grants the government the power to impose restrictions on how we can use our rights for the benefit of society as a whole.
The Supreme Court has also ruled that all of the Constitution’s provisions, including those pertaining to fundamental rights, are mutable.
According to Article 33, the Parliament may restrict some fundamental rights and the extent to which they are exercised, or even altogether repeal them. As a result, the rights of those who are part of the armed forces or other organisations tasked with keeping the peace could be reduced or abolished.
Are restrictions required?
Limiting fundamental rights is acceptable for the security and integrity of the country. It is perfectly OK.
The limitations are required for social reform, public order, morality, and state safety as well as for the general good.
According to the social contract theory, any “right” you possess is accompanied with obligations. For instance, your right to free expression is not unalienable. What can be spoken about someone else is constrained by their right not to be defamed.
The constitution gives the state the power to “fairly” limit some rights, but the “reasonability” of the limitations is a legal question.
The government has a responsibility to protect its citizens from both domestic and external dangers. If we are not safe, there is no need for us to have rights.
When one of these rights is violated, the person may ask the court for protection, and it is the court’s duty to safeguard and enforce that person’s rights.
If a government enacts legislation that limits or otherwise violates any of these rights, courts will declare it to be unconstitutional.
Also, being social notions, these ideas change over time and in different social contexts. What is presently a right could change in the future to become a social burden or even a crime. For instance, women’s rights and the triple talaq
Grants of absolute rights may be abused. Only the prohibition against violating another person’s human rights restricts the scope of fundamental rights. (Harm hypothesis).
Because every person has different circumstances, it is impossible to treat them similarly, which could aggravate socioeconomic injustice in society.
Absolute fundamental rights would have made government more difficult to run and resulted in a lot of unnecessary legal disputes.
A qualified right aims to find a middle ground between someone’s right to personal autonomy and social control. For instance, free speech is strong but not absolute (Ar.19). Suspension is an option in case of emergency brought on by hostile external forces.
So, fundamental rights are not unalienable and are susceptible to understandable restrictions. The state may set reasonable restrictions in order to protect its legitimate interests. All state laws and other activities that infringe rights will be subject to judicial review.
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