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BANNA VENKATESHAIR 15· 2024

Question Q.11GS2GS2

The tenets of independent judiciary, life-breath of constitutional democracy, stand perpetually undermined by the executive encroachment into the judicial domain. Discuss.

Open scan (p.23)

Introduction

Independent judiciary is fundamental to protect and safeguard the rights of others and promote check and balances in functioning

19 words

Main Body

Independent judiciary is fundamental to protect and safeguard the rights of others and promote check and balances in functioning

Independent judiciary — undermined by executive encroachment:

1Attempts to appoint judges by executive.

ex: National Judicial Appointment Commission (NJAC)

2Role of executive in quasi-judicial bodies functioning

ex: Tribunals appointment, conditions of service, salary etc.

3Delay in appointment by executive:

ex: Various collegium recommendations are kept on hold by center judge's retired.

Mi minister

4Sidelining judiciary: eg: appointment of CEOs, councils

Lack of enough support from executive in strengthening judicial infrastructure.

ex: Poor quality of facilities, lacking video conferencing facilities in courtrooms etc.

Impede of this, executive supported judiciary functioning through:

E-courts mission: Infrastructure development
Mediation council act 2022: Strengthening alternate dispute resolution
Strengthening infrastructure through grants, funds.

Measures needed to successfully strengthen judiciary:

1Observance of separation of powers

Act 50 of DPSP.

2Working with judiciary in tandem:

eg: establishment of NIAT after MICI Media

3Achieving consensus on appointments to judiciary

eg: Reformed NJAC with greater scope for judiciary

4Preventing judicial members from post-retirement length in government by compromising on their duty.

ex: Judges getting Cool of period before taking up any other practice

Judiciary, which is watchdog of the rights of people has carried sole to play and rights needs to be strengthened according to achieve the intended role as envisioned.

231 words15 paragraphs

Conclusion

Judiciary, which is watchdog of the rights of people has carried sole to play and rights needs to be strengthened according to achieve the intended role as envisioned.

28 words

  • Clear articulation of the question
  • Systematic enumeration of executive encroachments
  • Specific examples provided
  • Addressed multiple dimensions of judicial independence
  • Identified executive support measures
  • Provided specific schemes and acts
  • Began discussing remedial measures
  • Discussed specific institutional mechanisms
  • Proposed solutions to executive encroachment
  • Provided comparative alternatives

Topper

BANNA VENKATESH

AIR 152024

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Judicial Independence

Executive Encroachment on Judiciary

Writing Stats

278

Total words

15

Paragraphs

formal and analytical

Tone