Question Q12GS2GS2
Independent judiciary, as envisaged by the constitution, provides the bedrock for a thriving polity; however, executive encroachment may erode its credibility and affect its efficacy. Evaluate.
Main Body
Judicial independence is part of basic structure doctrine of Indian constitution highlighting its importance.
Bedrock for thriving polity
1Justice to all and in efficient manner by principle of natural justice is affirms to A14 of Constitution.
2Deterrence for nuisance creating elements in society. Is fast-track courts under POCSO.
3Objective and non-partisan decision making without bias. Is ABV cases where government party is independence crucial.
Executive encroachment erode it
(A) Erode credibility
1Reduce trust of people in judiciary as guardian of their FR tn. Corruption nexus of Justice Soumitra sen.
2Judicial appointment process opaque thus affecting credibility
3Tribunalisation of justice affecting credibility of courts.
(B) Affect efficacy
1Dependence on executive and thus partisan decisions.
2Role as 'guardian of constitution' affected.
3Separation of Powers principle (ASPO) hampered.
Need of the hour is to balance judicial autonomy and judicial accountability to ensure balance in judicial functioning.
152 words4 paragraphs
Conclusion
Need of the hour is to balance judicial autonomy and judicial accountability to ensure balance in judicial functioning.
18 words
Examiner score
1.1/10Open original scan
Page 24
Topper
HARSH SANTOSH LODHA
AIR 2612025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Judicial Independence and Executive Encroachment
Writing Stats
170
Total words
4
Paragraphs
analytical
Tone