RC

Ritika Chitlangia

Question 13GS2GS1

भारत में सतत विकास लक्ष्यों के संदर्भ में, सार्वजनिक नीति जनसंचार को आकार देने में न्यायिक सक्रियता की भूमिका क्या है? भारत में अपराध-अरंग-स्थिति लोकतंत्र को चुनौतियों का सामना कराने के लिए किसी कानून के बारे में समझाइए। (250 शब्द, 15 अंक) In the context of persistent legislative dysfunction in India, analyse the evolving role of judicial activism in shaping public policy and governance. Using examples from landmark court cases, evaluate the effectiveness of judicial interventions in addressing governance gaps and safeguarding citizens' rights. (Answer in 250 words, 15 marks)

Open scan (p.28)
AnswerStrengthsGapsKeywords

Introduction

The persistent legislative dysfunction in India has led to an expansion of judicial activism in shaping public policy.

18 words

Main Body

Judicial activism emerged with Justice P.N. Bhagwati and Justice Yeshwant Krishan as the torchbearers of judicial activism.

Role of Judicial Activism in context of Persistent Legislative Dysfunction:

1Judicial activism is necessary to over-guard citizen's rights, especially in unique situations.

Eg: SC order to increase O2 supply in hospitals during COVID-19.

2Judicial activism helps in filling legislative vacuum, especially when legislature is weak.

Eg: Visarma guidelines, Kumar Krishnan case etc.

3Judicial activism is important in the context of increasing judicialisation of politics.

Eg: Electoral bond case and sec 66 of ITA (Shuya Singhal case).

4The basic structure doctrine is also necessary for invition of judicial activism to ensure constitutional supremacy.

Effectiveness of Judicial Activism:

Positives:

1Ensures stability and direction of public policy in face of legislative and executive dysfunction.
2Overall the arbitrary powers of the executive and legislative.
3Revival of political-social-economic values with respect to citizen's rights.
4Maintains checks and balances and rule of law.

Negatives:

1Judicial activism can turn into judicial overreach if it remains unchecked. Eg: 99th amendment Act and 4th Judges case.
2Judiciary is not directly accountable to the people, as opposed to the democratically elected parliament → issues of accountability.
3Judiciary does not have the measure to handle administrative and policy implementation tasks.

Eg: E2 demarcation in states.

4Judiciary's governance projects can lead to fiscal losses, adding to the fiscal deficit of the government.

According to NITI Aayog, 5 CC judgements have caused a loss of 5000 crore for the government.

Despite the limitations, for a democracy to sustain, the judicial activism remains a key component of rule of law.

275 words6 paragraphs
  • Comprehensive coverage of judicial activism's role in legislative dysfunction
  • Good use of specific case studies and examples
  • Well-structured answer with clear positives and negatives
  • References to constitutional doctrine (Basic Structure)

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Page 28

Topper

Ritika Chitlangia

Subject & Paper

GS2GS1

Topic

Judiciary and Governance

Judicial Activism

Role of judicial activism in legislative dysfunction

Writing Stats

293

Total words

6

Paragraphs

analytical and structured

Tone