Question Q.12GS2GS2

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.

Introduction

Article 50 of Constitution envisages separation of power separating executive from judiciary. Collegium appointment Salaries charged on Consolidated Fund Status Impeachment Process.

22 words

Main Body

Independent Judiciary leads to thriving polity:

1Checks arbitrary laws of government violating fundamental right & basic structure s.o.t first Amendment.

2Prevent federal Disputes protect rights of States against Centre. E.g: S.R. Bommai Case.

2Held government accountable on policymaking by Judicial Activism. E.g: Delhi Pollution, COVID-19 Management.

3Ensures religious reform while maintaining principle of secularism which executive wants to de due to political fear. E.g: Triple Talaq, Sabrimala.

How Executive Encroachment erode credibility and efficacy:

1In ADM Jabalpur case, Executive pressure led to compromised judgment by judiciary.

2Leads to growth of Aports system and Compromised judgment by Affairs. E.g: US judgment in Idaho vs Leach.

3Tribunals formation: Denies in Jurisdiction and Settlement of disputes by vested judicial by same Kunwar Vi UOI.

Why executive involved called:

Deceive pending Access: S.C over Cases by sharing burden by Internals

Sheddy Justice Dissent Prudent Judicial Evaluability in name of NYAC

Judiciary independent is critical to well functioning polity, Executive involvement in jindiiary should be limited to mixed issue and had Complementary to jindiiary not coming to it.

180 words11 paragraphs

Conclusion

Public Trust in Judiciary will decrease if Judiciary delivers judgment favouring government.

12 words

Diagram

A diagram showing Independent Judiciary structure with branches showing: Collegium appointment, Salaries charged on Consolidated Fund, Status Impeachment Process; and underneath showing No best Testament Appointment, Short Impeachment Process

Examiner score

0.9/10

Open original scan

Page 26

Topper

ADITYA HRIDAY UPADHYAY

AIR 1542025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Judicial Independence and Executive Encroachment

Writing Stats

214

Total words

Paragraphs