1. The impeachment process is intended to protect the dignity of constitutional institutions rather than to punish individuals. Critically examine.
| Syllabus: Indian Polity General Studies –: II Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity. |
IN NEWS: India’s Parliament must not stage its Cadaver Synod
Impeachment is a constitutional mechanism to remove high constitutional functionaries for proved misbehaviour or violation of the Constitution. It is intended to preserve constitutional morality, institutional integrity and public confidence, rather than serve as a criminal sanction. Articles 61, 124(4), 124(5) and 217 provide the constitutional framework for removal.
Impeachment protect the dignity of constitutional institutions
- Upholds constitutional supremacy: Ensures that no constitutional authority is above the Constitution, reinforcing the Basic Structure doctrine (Kesavananda Bharati v. State of Kerala, 1973).
- Preserves institutional integrity: Removal of an erring office-holder protects the credibility and independence of constitutional offices. For instance, Article 124(4) permits the removal of Supreme Court judges only on the grounds of proved misbehaviour or incapacity.
- Strengthens democratic accountability: Parliament exercises this extraordinary power through a special majority, reflecting the constitutional principle of checks and balances.
- Maintains public trust: As held in K. Veeraswami v. Union of India (1991), holders of high constitutional offices are subject to the rule of law, thereby reinforcing citizens’ confidence in public institutions.
- Corrective rather than punitive: Impeachment only removes a person from office; criminal liability, if any, must be established through separate judicial proceedings.
Why is this proposition not free from limitations?
- Political process: Parliamentary voting may be influenced by political considerations rather than objective constitutional standards, as seen in the failed impeachment motion against Justice V. Ramaswami (1993).
- High constitutional threshold: The special majority under Articles 61 and 124(4) prevents misuse but also makes accountability difficult in deserving cases.
- Limited consequences: Impeachment neither imposes penal sanctions nor addresses structural weaknesses within institutions.
- Undefined standards: The Constitution does not precisely define “proved misbehaviour”, leaving scope for varied interpretation.
Dr. B.R. Ambedkar viewed constitutional offices as institutions sustained by constitutional morality rather than individual personalities. Thus, impeachment is fundamentally an institutional safeguard aimed at preserving the dignity, independence and legitimacy of constitutional bodies. However, its effectiveness depends on ensuring that constitutional accountability prevails over political expediency.
| PYQ REFERENCE UPSC 2025 Q. “Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike.” In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India. (15 Marks) |
2. Free Trade Agreements are as much about improving domestic competitiveness as expanding exports. Discuss.
| Syllabus: Indian Economy General Studies – : III Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment. |
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A Free Trade Agreement (FTA) is an agreement between two or more countries to reduce or eliminate trade barriers. India’s recent FTAs with the UAE (CEPA), Australia (ECTA) and ongoing negotiations with the EU and UK reflect a shift from viewing FTAs merely as export promotion tools to instruments for enhancing domestic competitiveness and integration into global value chains (GVCs).
How do FTAs improve domestic competitiveness?
- Enhance productivity: Exposure to global competition incentivises firms to improve efficiency, quality and innovation.
- Facilitate technology transfer: Liberalised trade and investment promote adoption of advanced technologies and managerial practices.
- Strengthen manufacturing ecosystem: FTAs complement initiatives such as Make in India and the PLI Scheme by integrating domestic firms into GVCs.
- Reduce input costs: Duty-free access to intermediate goods lowers production costs, improving competitiveness.
- Improve standards and regulations: Compliance with international standards enhances product quality and export readiness.
- Attract FDI: Predictable trade rules encourage foreign investment, generating employment and strengthening industrial capacity.
How do FTAs expand exports?
- Provide preferential market access, making Indian goods more competitive.
- Diversify export destinations, reducing dependence on a few markets.
- Boost services exports, including IT, finance and professional services.
- Promote MSME participation through access to larger international markets.
- Increase India’s integration into GVCs, expanding exports of value-added products.
Challenges in realising FTA gains
- Domestic industries, especially MSMEs, may face intense import competition.
- Non-tariff barriers and stringent Rules of Origin limit market access.
- Infrastructure and logistics constraints reduce export competitiveness.
- Skill gaps and low technological capabilities hinder productivity.
- India’s experience with some FTAs has resulted in widening trade deficits, highlighting the need for complementary domestic reforms.
Way Forward
- Align FTAs with industrial policies such as PLI, National Logistics Policy and PM Gati Shakti.
- Enhance quality standards, innovation and R&D to improve competitiveness.
- Strengthen MSMEs through technology upgradation and easier access to finance.
- Improve trade facilitation through digital customs and lower logistics costs.
- Negotiate balanced FTAs with effective safeguard measures and robust Rules of Origin.
| PYQ REFERENCE UPSC 2015 Q. What are the major changes brought in by the liberalization and globalization of the Indian economy? What were their effects on industrial growth? |