AT

Alfred ThomasAIR 33· 2024

Question Q.7GS2GS2

Judicial activism is an effective way to promote democratic values and social justice, especially when the other two branches of the government fail to act. Critically examine.

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AnswerStrengthsGapsKeywords

Main Body

Judicial activism refers to when the judiciary goes beyond its mandate to pursue some noble goals.

Promotes democratic values:

1Enables just representation to all classes of citizens (eg) in NALSA case, SC advocated for representation to transgenders
2Ensures governments are accountable to people (eg) PIL calling up central delhi govt. for action to tackle air pollution
3Ensures principle of subsidiarity such that power resides with the people (eg) High court ruling in favour of Aam Aadmi Sakhas

Promotes social justice:

1Ensures rights of minorities are preserved (eg) Navtej Johas case → LGBTQ+ rights respected safeguarded
2Reduces exploitation of the vulnerable (eg) Bandhua Mukti Morcha case → labours rights protected
3Brings about gender equality (eg) Sahara India case → temple entry for women allowed
4Works towards upliftment of lower castes (eg) K Nagaraju case → Reservation upheld for socially educationally backward classes

Role of judicial activism becomes even more crucial when other two branches of government (executive and legislature) fail to act on various reasons:

1Acting on an issue may be politically infeasible (eg) government not separating backlash from orthodox sections
2Lack of political will leading to hesitation to act (eg) ignoring issues of undertrial
3Lack of expertise in legal matters (eg) SC clarifying matters under Art 123 after President's request

Judicial activism bridges the gap in situations like these.

However, it has some criticisms as well:

Incentivises elected government to avoid tough decisions and instead pass them on to judiciary
Blurs the line between activism and over-reach
Over-burdens judiciary which already has huge pendency of (case 4,5 Cr cases)

What is needed in a healthy democracy is the performance of these roles faithfully by each organ of the government. Thus we must strive to achieve a state where judicial activism is no longer necessary.

The Preamble to the Indian Constitution propounds fraternity to be one of the foundational ideals of Indian Constitution.

Significance of concept of fraternity in Indian Constitution:

Promotes feeling of:

(A) Promotes dignity of the individual

() Ensures everyone is treated with respect as all are equally Indian

2Respect 2 Dignity of individual supersedes disparities of caste, creed, language, religion
3Feeling of oneness and commonness leads to higher self esteem => higher dignity

Promotes Unity & Integrity of the nation:

1Caste, creed, language & religious differences reduce leading to peaceful coexistence
2Fraternity promote mutual love & respect => peaceful coexistence of nation
3Feeling of oneness and commonness leads to higher self esteem => higher dignity

How various constitutional provisions promote fraternity among all citizens:

1Art 5 = 11 : Common citizenship for all => no differences based on region, ethnicity etc
2Art 14-15: Right to equality + prevent discrimination
3Art 17: Abolish untouchability so that traditional differences don't linger + dignity of individual preserved
4Art 25-28: Right to religion so that everyone feels valued despite differences
5Art 46: Promotion of interests of weaker sections => increases oneness by reducing disparities
6Art 51A: Fundamental duty to promote fraternity, preserve harmony
516 words35 paragraphs

Conclusion

What is needed in a healthy democracy is the performance of these roles faithfully by each organ of the government. Thus we must strive to achieve a state where judicial activism is no longer necessary. Art 51A: Fundamental duty to promote fraternity, preserve harmony

44 words

  • Good use of specific case examples
  • Clear categorization of benefits
  • Structured presentation
  • Multiple case examples illustrating different dimensions
  • Clear explanation of why other branches fail
  • Well-structured argumentation
  • Presents balanced view with criticisms
  • Addresses large backlog issue with specific numbers
  • Good concluding synthesis
  • Clear structural approach with numbered points
  • Direct reference to specific articles of the Constitution
  • Addresses both significance and constitutional mechanisms
  • Explains how fraternity reduces social divisions

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Page 17

Topper

Alfred Thomas

AIR 332024

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Judicial Activism and Social Justice

Writing Stats

560

Total words

35

Paragraphs

analytical and structured

Tone