1. The first Indira Gandhi Award for International Justice and Harmony has been given to





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MCQ-> My aim is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract. In order to do this we are not to think of the original contract as one to enter a particular society or to set up a particular form of government. Rather, the idea is that the principles of justice for the basic structure of society are the object of the original agreement. They are the principles that free and rational persons concerned to further their own interests would accept in an initial position of equality. These principles are to regulate all further agreements; they specify the kinds of social cooperation that can be entered into and the forms of government that can be established. This way of regarding the principles of justice, I shall call justice as fairness. Thus, we are to imagine that those who engage in social cooperation choose together, in one joint act, the principles which are to assign basic rights and duties and to determine the division of social benefits. Just as each person must decide by rational reflection what constitutes his good, that is, the system of ends which it is rational for him to pursue, so a group of persons must decide once and for all what is to count among them as just and unjust. The choice which rational men would make in this hypothetical situation of equal liberty determines the principles of justice.In ‘justice as fairness’, the original position is not an actual historical state of affairs. It is understood as a purely hypothetical situation characterized so as to lead to a certain conception of justice. Among the essential features of this situation is that no one knows his place in society, his class position or social status, nor does anyone know his fortune in the distribution of natural assets and abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance. This ensures that no one is advantaged or disadvantaged in the choice of principles by the outcome of natural chance or the contingency of social circumstances. Since all are similarly situated and no one is able to design principles to favor his particular condition, the principles of justice are the result of a fair agreement or bargain.Justice as fairness begins with one of the most general of all choices which persons might make together, namely, with the choice of the first principles of a conception of justice which is to regulate all subsequent criticism and reform of institutions. Then, having chosen a conception of justice, we can suppose that they are to choose a constitution and a legislature to enact laws, and so on, all in accordance with the principles of justice initially agreed upon. Our social situation is just if it is such that by this sequence of hypothetical agreements we would have contracted into the general system of rules which defines it. Moreover, assuming that the original position does determine a set of principles, it will then be true that whenever social institutions satisfy these principles, those engaged in them can say to one another that they are cooperating on terms to which they would agree if they were free and equal persons whose relations with respect to one another were fair. They could all view their arrangements as meeting the stipulations which they would acknowledge in an initial situation that embodies widely accepted and reasonable constraints on the choice of principles. The general recognition of this fact would provide the basis for a public acceptance of the corresponding principles of justice. No society can, of course, be a scheme of cooperation which men enter voluntarily in a literal sense; each person finds himself placed at birth in some particular position in some particular society, and the nature of this position materially affects his life prospects. Yet a society satisfying the principles of justice as fairness comes as close as a society can to being a voluntary scheme, for it meets the principles which free and equal persons would assent to under circumstances that are fair.A just society, as conceptualized in the passage, can be best described as:
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MCQ-> The conventional wisdom says that this is an issue-less election. There is no central personality of whom voters have to express approval or dislike; no central matter of concern that makes this a one-issue referendum like so many elections in the past; no central party around which everything else revolves — the Congress has been displaced from its customary pole position, and no one else has been able to take its place. Indeed, given that all-seeing video cameras of the Election Commission, and the detailed pictures they are putting together on campaign expenditure, there isn't even much electioning: no slogans on the walls, no loudspeakers blaring forth at all hours of the day and night, no cavalcades of cars heralding the arrival of a candidate at the local bazaar. Forget it being an issue-less election, is this an election at all?Perhaps the ‘fun’ of an election lies in its featuring someone whom you can love or hate. But Narasimha Rao has managed to reduce even a general election, involving nearly 600 million voters, to the boring non-event that is the trademark of his election rallies, and indeed of everything else that he does. After all, the Nehru-Gandhi clan has disappeared from the political map, and the majority of voters will not even be able to name P.V.Narasimha Rao as India's Prime Minister. There could be as many as a dozen prime ministerial candidates ranging from Jyoti Basu to Ramakrishna Hegde, and from Chandra Shekar to (believe it or not) K.R.Narayanan. The sole personality who stands out, therefore, is none of the players, but the umpire: T.N.Seshan. .As for the parties, they are like the blind men of Hindustan, trying in vain to gauge the contours of the animal they have to confront. But it doesn't look as if it will be the mandir-masjid, nor will it be Hindutva or economic nationalism. The Congress will like it to be stability, but what does that mean for the majority? Economic reform is a non-issue for most people with inflation down to barely 4 per cent, prices are not top of the mind either. In a strange twist, after the hawala scandal, corruption has been pushed off the map too.But ponder for a moment, isn't this state of affairs astonishing, given the context? Consider that so many ministers have had to resign over the hawala issue; that a governor who was a cabinet minister has also had to quit, in the wake of judicial displeasure; that the prime minister himself is under investigation for his involvement in not one scandal but two; that the main prime ministerial candidate from the opposition has had to bow out because he too has been changed in the hawala case; and that the head of the ‘third force’ has his own little (or not so little fodder scandal to face. Why then is corruption not an issue — not as a matter of competitive politics, but as an issue on which the contenders for power feel that they have to offer the prospect of genuine change? If all this does not make the parties (almost all of whom have broken the law, in not submitting their audited accounts every year to the income tax authorities) realise that the country both needs — and is ready for-change in the Supreme Court; the assertiveness of the Election Commission, giving new life to a model code of conduct that has been ignored for a quarter country; the independence that has been thrust upon the Central Bureau of Investigation; and the fresh zeal on the part of tax collectors out to nab corporate no-gooders. Think also that at no other point since the Emergency of 1975-77 have so many people in power been hounded by the system for their misdeeds.Is this just a case of a few individuals outside the political system doing the job, or is the country heading for a new era? The seventies saw the collapse of the national consensus that marked the Nehruvian era, and ideology took over in the Indira Gandhi years. That too was buried by Rajiv Gandhi and his technocratic friends. And now, we have these issue-less elections. One possibility is that the country is heading for a period of constitutionalism as the other arms of the state reclaim some of the powers they lost, or yielded, to the political establishment. Economic reform free one part of Indian society from the clutches of the political class. Now, this could spread to other parts of the system. Against such a dramatic backdrop, it should be obvious that people (voters) are looking for accountability, for ways in which to make a corrupted system work again. And the astonishing thing is that no party has sought to ride this particular wave; instead all are on the defensive, desperately evading the real issues. No wonder this is an ‘issue-less’ election.Why does the author probably say that the sole personality who stands out in the elections is T.N.Seshan?
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MCQ-> Since World War II, the nation-state has been regarded with approval by every political system and every ideology. In the name of modernisation in the West, of socialism in the Eastern bloc, and of development in the Third World, it was expected to guarantee the happiness of individuals as citizens and of peoples as societies. However, the state today appears to have broken down in many parts of the world. It has failed to guarantee either security or social justice, and has been unable to prevent either international wars or civil wars. Disturbed by the claims of communities within it, the nation-state tries to repress their demands and to proclaim itself as the only guarantor of security of all. In the name of national unity, territorial integrity, equality of all its citizens and non-partisan secularism, the state can use its powerful resources to reject the demands of the communities; it may even go so far as genocide to ensure that order prevails.As one observes the awakening of communities in different parts of the world, one cannot ignore the context in which identity issues arise. It is no longer a context of sealed frontiers and isolated regions but is one of integrated global systems. In a reaction to this trend towards globalisation, individuals and communities everywhere are voicing their desire to exist, to use their power of creation and to play an active part in national and international life.There are two ways in which the current upsurge in demands for the recognition of identities can be looked at. On the positive side, the efforts by certain population groups to assert their identity can be regarded as "liberation movements", challenging oppression and injustice. What these groups are doing - proclaiming that they are different, rediscovering the roots of their culture or strengthening group solidarity - may accordingly be seen as legitimate attempts to escape from their state of subjugation and enjoy a certain measure of dignity. On the downside, however, militant action for recognition tends to make such groups more deeply entrenched in their attitude and to make their cultural compartments even more watertight. The assertion of identity then starts turning into self-absorption and isolation, and is liable to slide into intolerance of others and towards ideas of "ethnic cleansing", xenophobia and violence.Whereas continuous variations among peoples prevent drawing of clear dividing lines between the groups, those militating for recognition of their group's identity arbitrarily choose a limited number of criteria such as religion, language, skin colour, and place of origin so that their members recognise themselves primarily in terms of the labels attached to the group whose existence is being asserted. This distinction between the group in question and other groups is established by simplifying the feature selected. Simplification also works by transforming groups into essences, abstractions endowed with the capacity to remain unchanged through time. In some cases, people actually act as though the group has remained unchanged and talk, for example, about the history of nations and communities as if these entities survived for centuries without changing, with the same ways of acting and thinking, the same desires, anxieties, and aspirations. Paradoxically, precisely because identity represents a simplifying fiction, creating uniform groups out of disparate people, that identity performs a cognitive function. It enables us to put names to ourselves and others, form some idea of who we are and who others are, and ascertain the place we occupy along with the others in the world and society. The current upsurge to assert the identity of groups can thus be partly explained by the cognitive function performed by identity. However, that said, people would not go along as they do, often in large numbers, with the propositions put to them, in spite of the sacrifices they entail, if there was not a very strong feeling of need for identity, a need to take stock of things and know "who we are", "where we come from", and "where we are going".Identity is thus a necessity in a constantly changing world, but it can also be a potent source of' violence and disruption. How can these two contradictory aspects of identity be reconciled? First, we must bear the arbitrary nature of identity categories in mind, not with a view to eliminating all forms of identification—which would be unrealistic since identity is a cognitive necessity—but simply to remind ourselves that each of us has several identities at the same time. Second, since tears of nostalgia are being shed over the past, we recognise that culture is constantly being recreated by cobbling together fresh and original elements and counter-cultures. There are in our own country a large number of syncretic cults wherein modern elements are blended with traditional values or people of different communities venerate saints or divinities of particular faiths. Such cults and movements are characterised by a continual inflow and outflow of members which prevent them from taking on a self-perpetuating existence of their own and hold out hope for the future, indeed, perhaps for the only possible future. Finally, the nation-state must respond to the identity urges of its constituent communities and to their legitimate quest for security and social justice. It must do so by inventing what the French philosopher and sociologist, Raymond Aron, called "peace through law". That would guarantee justice both to the state as a whole and its parts, and respect the claims of both reason and emotions. The problem is one of reconciling nationalist demands with the exercise of democracy.According to the author, happiness of individuals was expected to be guaranteed in the name of:
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MCQ-> I think that it would be wrong to ask whether 50 years of India's Independence are an achievement or a failure. It would be better to see things as evolving. It's not an either-or question. My idea of the history of India is slightly contrary to the Indian idea.India is a country that, in the north, outside Rajasthan, was ravaged and intellectually destroyed to a large extent by the invasions that began in about AD 1000 by forces and religions that India had no means of understanding.The invasions are in all the schoolbooks. But I don't think that people understand that every invasion, every war, every campaign, was accompanied by slaughter, a slaughter always of the most talented people in the country. So these wars, apart from everything else led to a tremendous intellectual depletion of the country.I think that in the British period, and in the 50 years after the British period, there has been a kind of regrouping or recovery, a very slow revival of energy and intellect. This isn't an idea that goes with the vision of the grandeur of old India and all that sort of rubbish. That idea is a great simplification and it occurs because it is intellectually, philosophically easier for Indians to manage.What they cannot manage, and what they have not yet come to terms with, is that ravaging of all the north of India by various conquerors. That was ruined not by the act of nature, but by the hand of man. It is so painful that few Indians have begun to deal with it. It is much easier to deal with British imperialism. That is a familiar topic, in India and Britain. What is much less familiar is the ravaging of India before the British.What happened from AD 1000 onwards, really, is such a wound that it is almost impossible to face. Certain wounds are so bad that they can't be written about. You deal with that kind of pain by hiding from it. You retreat from reality. I do not think, for example, that the Incas of Peru or the native people of Mexico have ever got over their defeat by the Spaniards. In both places the head was cut off. I think the pre-British ravaging of India was as bad as that.In the place of knowledge of history, you have various fantasies about the village republic and the Old Glory. There is one big fantasy that Indians have always found solace in: about India having the capacity for absorbing its conquerors. This is not so. India was laid low by its conquerors.I feel the past 150 years have been years of every kind of growth. I see the British period and what has continued after that as one period. In that time, there has been a very slow intellectual recruitment. I think every Indian should make the pilgrimage to the site of the capital of the Vijayanagar empire, just to see what the invasion of India led to. They will see a totally destroyed town. Religious wars are like that. People who see that might understand what the centuries of slaughter and plunder meant. War isn't a game. When you lost that kind of war, your town was destroyed, the people who built the towns were destroyed. You are left with a headless population.That's where modern India starts from. The Vijayanagar capital was destroyed in 1565. It is only now that the surrounding region has begun to revive. A great chance has been given to India to start up again, and I feel it has started up again. The questions about whether 50 years of India since Independence have been a failure or an achievement are not the questions to ask. In fact, I think India is developing quite marvelously, people thought — even Mr Nehru thought — that development and new institutions in a place like Bihar, for instance, would immediately lead to beauty. But it doesn't happen like that. When a country as ravaged as India, with all its layers of cruelty, begins to extend justice to people lower down, it's a very messy business. It's not beautiful, it's extremely messy. And that's what you have now, all these small politicians with small reputations and small parties. But this is part of growth, this is part of development. You must remember that these people, and the people they represent, have never had rights before.When the oppressed have the power to assert themselves, they will behave badly. It will need a couple of generations of security, and knowledge of institutions, and the knowledge that you can trust institutions — it will take at least a couple of generations before people in that situation begin to behave well. People in India have known only tyranny. The very idea of liberty is a new idea. The rulers were tyrants. The tyrants were foreigners. And they were proud of being foreign. There's a story that anybody could run and pull a bell and the emperor would appear at his window and give justice. This is a child's idea of history — the slave's idea of the ruler's mercy. When the people at the bottom discover that they hold justice in their own hands, the earth moves a little. You have to expect these earth movements in India. It will be like this for a hundred years. But it is the only way. It's painful and messy and primitive and petty, but it’s better that it should begin. It has to begin. If we were to rule people according to what we think fit, that takes us back to the past when people had no voices. With self-awareness all else follows. People begin to make new demands on their leaders, their fellows, on themselves.They ask for more in everything. They have a higher idea of human possibilities. They are not content with what they did before or what their fathers did before. They want to move. That is marvellous. That is as it should be. I think that within every kind of disorder now in India there is a larger positive movement. But the future will be fairly chaotic. Politics will have to be at the level of the people now. People like Nehru were colonial — style politicians. They were to a large extent created and protected by the colonial order. They did not begin with the people. Politicians now have to begin with the people. They cannot be too far above the level of the people. They are very much part of the people. It is important that self-criticism does not stop. The mind has to work, the mind has to be active, there has to be an exercise of the mind. I think it's almost a definition of a living country that it looks at itself, analyses itself at all times. Only countries that have ceased to live can say it's all wonderful.The central thrust of the passage is that
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MCQ-> DIRECTIONS for questions 24 to 50: Each of the five passages given below is followed by questions. For each question, choose the best answer.The World Trade Organisation (WTO) was created in the early 1990s as a component of the Uruguay Round negotiation. However, it could have been negotiated as part of the Tokyo Round of the 1970s, since that negotiation was an attempt at a 'constitutional reform' of the General Agreement on Tariffs and Trade (GATT). Or it could have been put off to the future, as the US government wanted. What factors led to the creation of the WTO in the early 1990s?One factor was the pattern of multilateral bargaining that developed late in the Uruguay Round. Like all complex international agreements, the WTO was a product of a series of trade-offs between principal actors and groups. For the United States, which did not want a new Organisation, the dispute settlement part of the WTO package achieved its longstanding goal of a more effective and more legal dispute settlement system. For the Europeans, who by the 1990s had come to view GATT dispute settlement less in political terms and more as a regime of legal obligations, the WTO package was acceptable as a means to discipline the resort to unilateral measures by the United States. Countries like Canada and other middle and smaller trading partners were attracted by the expansion of a rules-based system and by the symbolic value of a trade Organisation, both of which inherently support the weak against the strong. The developing countries were attracted due to the provisions banning unilateral measures. Finally, and perhaps most important, many countries at the Uruguay Round came to put a higher priority on the export gains than on the import losses that the negotiation would produce, and they came to associate the WTO and a rules-based system with those gains. This reasoning - replicated in many countries - was contained in U.S. Ambassador Kantor's defence of the WTO, and it amounted to a recognition that international trade and its benefits cannot be enjoyed unless trading nations accept the discipline of a negotiated rules-based environment.A second factor in the creation of the WTO was pressure from lawyers and the legal process. The dispute settlement system of the WTO was seen as a victory of legalists over pragmatists but the matter went deeper than that. The GATT, and the WTO, are contract organisations based on rules, and it is inevitable that an Organisation created to further rules will in turn be influenced by the legal process. Robert Hudec has written of the 'momentum of legal development', but what is this precisely? Legal development can be defined as promotion of the technical legal values of consistency, clarity (or, certainty) and effectiveness; these are values that those responsible for administering any legal system will seek to maximise. As it played out in the WTO, consistency meant integrating under one roof the whole lot of separate agreements signed under GATT auspices; clarity meant removing ambiguities about the powers of contracting parties to make certain decisions or to undertake waivers; and effectiveness meant eliminating exceptions arising out of grandfather-rights and resolving defects in dispute settlement procedures and institutional provisions. Concern for these values is inherent in any rules-based system of co-operation, since without these values rules would be meaningless in the first place. Rules, therefore, create their own incentive for fulfilment.The momentum of legal development has occurred in other institutions besides the GATT, most notably in the European Union (EU). Over the past two decades the European Court of Justice (ECJ) has consistently rendered decisions that have expanded incrementally the EU's internal market, in which the doctrine of 'mutual recognition' handed down in the case Cassis de Dijon in 1979 was a key turning point. The Court is now widely recognised as a major player in European integration, even though arguably such a strong role was not originally envisaged in the Treaty of Rome, which initiated the current European Union. One means the Court used to expand integration was the 'teleological method of interpretation', whereby the actions of member states were evaluated against 'the accomplishment of the most elementary community goals set forth in the Preamble to the [Rome] treaty'. The teleological method represents an effort to keep current policies consistent with stated goals, and it is analogous to the effort in GATT to keep contracting party trade practices consistent with stated rules. In both cases legal concerns and procedures are an independent force for further cooperation.In large part the WTO was an exercise in consolidation. In the context of a trade negotiation that created a near- revolutionary expansion of international trade rules, the formation of the WTO was a deeply conservative act needed to ensure that the benefits of the new rules would not be lost. The WTO was all about institutional structure and dispute settlement: these are the concerns of conservatives and not revolutionaries, which is why lawyers and legalists took the lead on these issues. The WTO codified the GATT institutional practice that had developed by custom over three decades, and it incorporated a new dispute settlement system that was necessary to keep both old and new rules from becoming a sham. Both the international structure and the dispute settlement system were necessary to preserve and enhance the integrity of the multilateral trade regime that had been built incrementally from the 1940s to the 1990s.What could be the closest reason why the WTO was not formed in the 1970s?
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