70^th BPSC Mains

1: Ans:

Introduction:

In the early hours of December 3, 1984, the city of Bhopal was engulfed by a lethal cloud of methyl isocyanate gas, leaking from a Union Carbide plant. Thousands died overnight, and lakhs were left permanently disabled. Yet, what followed was not swift justice, but a prolonged legal limbo. The criminal trial against Union Carbide’s officials dragged on for over 25 years, finally ending in minimal punishment and meagre compensation in 2010.

The Bhopal tragedy stands not just as a case of industrial negligence but as a stark illustration of how justice delayed becomes injustice institutionalized.

Body:

Historical & Philosophical Perspectives

• Kautilya’s Arthashastra prescribed strict but fair enforcement of laws (Danda), seeing punishment not as retribution but as a corrective and deterrent tool, guided by Dharma (moral law).
• Jeremy Bentham, a utilitarian philosopher, noted: “Delay is itself a form of injustice.”
• Dr. B.R. Ambedkar, during the Constituent Assembly Debates, emphasised that access to timely justice is a prerequisite for safeguarding the rights promised in the Constitution.
• Globally, the UN Declaration of Human Rights (Article 8) ensures “the right to an effective remedy by competent national tribunals.”

Current Relevance

• Alarming statistics:
  • As of March 2024, over 5 crore cases are pending across Indian courts (National Judicial Data Grid).
  • Over 70% of India’s prison population is undertrials (NCRB 2023).
  • The average civil case in India takes over 13 years to reach a final judgment (NITI Aayog).
• Landmark examples:
  • The Ayodhya land title case took almost 70 years to resolve, delaying closure and harmony.
  • The 1984 anti-Sikh riot cases witnessed justice for many victims only after three decades.

Impacts of Institutionalised Delay

• Social Impact:
  • Justice becomes inaccessible for the poor, who cannot afford long legal battles.
  • Dalit atrocities cases, land disputes, or caste violence often languish, increasing the vulnerability of marginalised communities.
• Economic Impact:
  • A World Bank report (2019) estimates that contract enforcement delay increases business costs by over 30%.
  • Land acquisition and infrastructure projects are stalled due to legal entanglements, hampering the economy.
• Psychological Impact:
  • Long trials traumatise victims, and the accused often serve more time than the sentence they may eventually receive.
  • A 2023 case in Mumbai found a man acquitted after 20 years, after serving 17 years in jail.
• Governance and Rule of Law:
  • Creates a culture of legal cynicism.
  • Delays in cases involving political corruption (e.g., fodder scam, coal scam) weaken public accountability.

Causes Behind Institutionalised Delay

• Judicial Vacancies:
  • India has 20 judges per million population (Law Commission), compared to 50+ in developed nations.
  • Over 6,000 posts in the subordinate judiciary remain vacant.
• Colonial Legal Architecture:
  • India’s legal system has long operated under a colonial legal architecture, with procedural laws like the Civil Procedure Code (1908) and the Indian Evidence Act (1872) remaining outdated and cumbersome for decades.
  • While the Bharatiya Nagarik Suraksha Sanhita (BNSS) introduces important procedural innovations, its success will depend on effective implementation, institutional readiness, and robust oversight mechanisms.
• Adjournments and Tactics:
  • Lawyers often seek frequent adjournments, and there is no accountability for delay tactics.
• Lack of Infrastructure:
  • 25% of courts operate without functional toilets, internet connectivity, or digital infrastructure (India Justice Report 2022).
• Backlog in Police and Prosecution:
  • Investigation is delayed due to a lack of training, high workloads, and politicisation of policing.

Way Forward

• Increase Judicial Strength & Productivity:
  • Implement the All India Judicial Services (AIJS) to recruit trained judges.
  • Fill judicial vacancies through a time-bound mechanism.
• Digitisation & Technology:
  • Expand e-Courts Phase III.
  • Use AI-driven cause listing and predictive analytics for case management.
• Process Reform:
  • Limit adjournments via stricter judicial oversight.
  • Amend procedural laws to remove redundant steps (e.g., fast-tracking evidence collection).
• Alternative Dispute Resolution (ADR):
  • Promote Lok Adalats, Gram Nyayalayas, and arbitration centres.
  • Example: In 2023, the National Lok Adalat disposed of 1.5 crore cases in a single day.
• Witness Protection & Fast-Track Courts:
  • Strengthen the Witness Protection Scheme (2018).
  • Fast-track special courts for women and children-related offences.
• Legal Literacy and Legal Aid:
  • Enhance the outreach of the National Legal Services Authority (NALSA).
  • Promote legal awareness in rural and backward regions.

Conclusion :

As Martin Luther King Jr. aptly said, “Injustice anywhere is a threat to justice everywhere.” In the Indian context, this threat is not abstract—it is real, visible, and systemic. Crores of pending cases, undertrial prisoners languishing in jails, and victims waiting decades for closure expose the fragile state of our justice delivery system.

Justice that arrives too late is not justice at all—it becomes an institutional betrayal of the very people it was meant to protect. India’s evolution as a democratic republic depends not only on its ability to legislate but more crucially on its ability to enforce those laws fairly, promptly, and equitably.

The road ahead lies in transforming judicial inertia into institutional responsiveness. Only then can the promise of justice—enshrined in the Constitution—be truly fulfilled

2.: Ans:

Introduction :

In 2019, despite India being the world’s fifth-largest economy, a tribal woman in rural Chhattisgarh walked 10 kilometres daily to fetch clean drinking water for her children. Her village had electricity poles but no power supply, and her daughter had to drop out of school due to the lack of a nearby secondary school. This story, while just one among millions, reveals a harsh truth: economic growth alone does not guarantee meaningful development.

Traditionally, development has been measured in GDP figures, industrial output, and infrastructure expansion. However, this narrow lens of progress fails to capture whether people lead healthy, educated, and empowered lives. As economist Amartya Sen argued in his seminal work “Development as Freedom,” true development must expand the capabilities and choices of individuals, not just increase national income.

Body :

Explain the Traditional View of Development

• Focus on metrics like GDP, industrialization, FDI inflow, infrastructure, etc.
• Give examples: double-digit growth in India (2004–08), yet high malnutrition and inequality.
• Highlight limitations of purely economic-centric models (e.g., growth without equity or inclusion).

Introduce and Explain the Human Development Approach

• Use Amartya Sen’s “Development as Freedom” framework:
  • Five freedoms: political, economic, social opportunity, transparency, and protective security.
• Mention the UNDP’s Human Development Index (HDI) — life expectancy, education, and standard of living.

Components of Human Capabilities and Real Freedoms

• Health and Education:
  • Health empowers productivity; education expands choices.
  • Examples: Kerala model (high literacy, health indicators despite low per capita income).
• Gender Equality and Social Inclusion:
  • Development must include women, SC/STs, and PwDs.
  • Example: Beti Bachao Beti Padhao, Transgender Persons Act, rights of PwDs.
• Environmental Sustainability:
  • Development that destroys ecology reduces future freedoms.
  • Example: Adivasi displacement, polluted urban air reduces the quality of life.
• Freedom from Fear and Insecurity:
  • The rule of law, social harmony are prerequisites.
  • Example: Manipur violence 2023–24—development collapses without peace.

Case Studies / Global Examples

• Bhutan’s Gross National Happiness vs. GDP.
• Scandinavian countries (Norway, Finland): high HDI, inclusive models.
• India’s Aspirational District Programme — focuses on health, education, and skills, not just income.

Challenges to Realizing this Vision

• Policy focuses on headline growth numbers.
• Urban–rural divide.
• Lack of data on social indicators.
• Institutional capacity and governance gaps.

Way Forward

• Adopt multi-dimensional development indices in policymaking (MPI, GNH, HDI).
• Strengthen public healthcare, digital education, and decentralized planning.
• Empower local institutions through Panchayati Raj, civil society partnerships.
• Promote inclusivity: support for women, trans persons, tribals, and disabled populations.
• Use technology (e.g., Aadhaar-based DBTs) with rights-based safeguards.

Conclusion:

Economic growth may raise a nation’s wealth, but true development lies in enlarging people’s choices, dignity, and freedom. As Mahbub ul Haq—the architect of the Human Development Index—asserted:

“The real wealth of a nation is its people. And the purpose of development is to enrich human lives, not just national income.”

In an era of complex challenges—from climate change to inequality—India must shift from a growth-centric to a human-centric model of development. This means policies that empower citizens, not just markets; and institutions that ensure freedom, not just efficiency.

Genuine progress can be claimed only when development translates into real opportunities for every Indian, making economic prosperity a means rather than the end of human flourishing.