UPSC Essentials | Mains answer practice — GS 2: Questions on civil, criminal law and transparency by Election Commission (Week 116)

QUESTION 1

Discuss how civil and criminal law serve different objectives within India’s judicial framework.

QUESTION 2

How Election Commission of India has to ensure transparency, electoral integrity and democratic legitimacy?

General points on the structure of the answers

Introduction

— The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.

— It may consist of basic information by giving some definitions from the trusted source and authentic facts.

Body

— It is the central part of the answer and one should understand the demand of the question to provide rich content.

— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.

— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.

QUESTION 1: Discuss how civil and criminal law serve different objectives within India’s judicial framework.

Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.

Introduction:

— The Supreme Court has recently intervened twice after High Courts allowed criminal proceedings in cases that were fundamentally civil in nature.

— An essential component of India’s legal system is the differentiation between civil and criminal law. They vary in terms of the parties involved, the technique, and the goal.

Body:

You may incorporate some of the following points in your answer:

— Civil law is designed to resolve disputes between private individuals or organisations. Civil cases, known as suits, typically involve disagreements over rights and duties of the parties to the case towards each other. The goal is not to punish but to provide a remedy, usually in the form of monetary compensation (called damages) or a specific action ordered by the court to a party to do or not to do something (called an injunction).

— Examples of civil cases include property disputes, contract breaches, family law matters like divorce and child custody, and cases for recovery of money. In a civil suit, the person who files the case is called the plaintiff, and the person against whom it is filed is the defendant.

— Criminal law deals with acts that are considered offences against the state or society as a whole. The objective is to punish the offender and deter others from committing similar crimes. The state, represented by a prosecutor, initiates criminal proceedings against the accused. If found guilty, the accused can face penalties ranging from fines to imprisonment and even death. Offences like theft, cheating, assault and murder fall under criminal law.

— A key distinction between civil and criminal cases is with regards to the burden of proof. In a civil case, the plaintiff must prove their case on a “preponderance of probabilities”, meaning their version of events is more likely to be true than the defendant’s. In a criminal case, the prosecution has the much higher burden of proving the guilt of the accused “beyond a reasonable doubt”. This higher standard reflects the serious consequences of criminal conviction, which can involve the loss of liberty.

— Both civil and criminal processes may result from certain activities. For example, in the two aforementioned cases before the SC, it was claimed that there had been both a criminal violation (cheating and breach of trust) and a civil wrong (breach of contract). The SC determined that if criminal intent to defraud had existed before entering into a commercial connection, concurrent civil and criminal procedures would have been permissible; nevertheless, there was no clear criminal element to support the criminal proceedings.

Conclusion:

— A common perception — one that was noted by the Allahabad HC judge in his subsequently overruled order — is that civil proceedings are significantly more time-consuming than criminal trials. And prima facie, data from the National Judicial Data Grid (NJDG) for district courts across India support this notion. As of August 14, 2025, 70.17% of criminal trials were disposed of within a year, while only 37.91% of civil suits were resolved in the same timeframe. (You may use general data rather than the specific ones.)

(Source: What is the difference between civil & criminal cases?)

Points to Ponder

Read more about examples of civil and criminal cases

Read about important sections

Related Previous Year Question

Explain and distinguish between Lok Adalats and Arbitration Tribunals. Do they entertain civil as well as criminal cases? (2024)

QUESTION 2: How Election Commission of India has to ensure transparency, electoral integrity and democratic legitimacy?

Note: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.

Introduction:

— The electoral roll is the cornerstone of a democracy, and free and fair elections are its lifeblood. The procedure runs the risk of being weakened from the outset in the absence of an accurate, comprehensive, and trustworthy roll.

— The creation and ongoing updating of electoral rolls is a remarkable democratic and logistical task in a nation as vast and diverse as India, with a population of over 960 million voters. The “one person, one vote” idea is put into practice through these rolls.

Body:

You may incorporate some of the following points in your answer:

— The Election Commission of India (ECI), constitutionally mandated to conduct free and fair elections, has over the decades placed emphasis on the integrity of the electoral roll. The Supreme Court has repeatedly underscored this, holding that free and fair elections form part of the basic structure of the Constitution, and that accurate voter lists are integral to that process.

— Transparency has long been the ECI’s guiding principle. From making draft rolls publicly available for claims and objections, to deploying technology for online search, to inviting political parties and civil society to participate in verification drives, the ECI has tried to keep the process open to scrutiny. For decades, this openness was a source of immense public trust.

— Surveys by the Centre for the Study of Developing Societies (CSDS) through the 1990s and 2000s consistently found trust levels in the ECI to be among the highest for any public institution, often exceeding 75-80 per cent. This trust was earned through visible impartiality, procedural fairness, and innovations that enhanced both access and credibility.

— For example, during the 2007 Uttar Pradesh assembly elections, CEC N Gopalaswami oversaw one of the most impressive electoral roll management initiatives. In order to address the issue of “SAD” voters—an acronym for Shifted, Absent, or Dead voters—the ECI, then worried about inflated rolls and the possibility of fake voting, developed a novel solution. Using door-to-door verification, the ECI created a distinct list of these voters for every polling station rather than expunging their names, which may have caused controversy or widespread disenfranchisement.

— From 2011 onwards, the ECI began marking National Voters’ Day on January 25. The idea was twofold: To celebrate the democratic spirit and to focus public attention on voter enrolment and participation, especially of the young. Each year, a new theme has reinforced the centrality of the voter: Greater Participation for a Stronger Democracy (2011 and 2012). Inclusive and Qualitative Participation (2013), to Every Voter Matters (2024, 2025).

Conclusion:

—The procedural architecture for transparency — such as draft roll publication, booth-level officer verification, and stakeholder consultation and technical accuracy are important.

(Source: S Y Quraishi writes: For EC, a return to transparency is not just desirable — it is necessary)

Points to Ponder

Read more about Election Commission of India

Read about election commissioner and chief election commissioner

Related Previous Year Questions

Examine the need for electoral reforms as suggested by various committees, with particular reference to the ‘‘One Nation–One Election’’ principle. (2024)

In the light of recent controversy regarding the use of Electronic Voting Machine (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 3 (Week 116)

UPSC Essentials: Mains answer practice — GS 3 (Week 115)

UPSC Essentials: Mains answer practice — GS 2 (Week 114)

UPSC Essentials: Mains answer practice — GS 2 (Week 115)

UPSC Essentials: Mains answer practice — GS 1 (Week 114)

UPSC Essentials: Mains answer practice — GS 1 (Week 115)

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