Independent judiciary is a vital pillar of a vibrant democracy; however, executive encroachment jeopardizes the efficacy and credibility of the judiciary. Discuss.
But SC has provided certain safeguards to ensure the ordinances are used for bonafide purpose and not misused by executive. RE cooper case: judicial review of presidents decision to determine immediate action DC Wadhwa case: Repromulgation without getting ordinances passed is allowable legislation? will be struck down. Show ordinance is an effective and necessary tool for executive to meet extraordinary circumstances safeguards provided by SC ensures that it is not misused.
Constitution of India provided for independent judiciary through various provisions like: security of tenure, appointment through judicial consultative expense charged on consolidated fund of India, contempt of court. Importance of independent judiciary:maintain rule of lawprevent high tyranny of majorityensure supremacy of constitutionFederalism: preservation of rights of states.maintain balance of power through judicial review.ensure fundamental rights for people, political democracy. Impact of executive overreach:appointments of judges by president recommendations sent by SC collegium are kept pending if the executive finds in unsuitable. • Impact: increase in vacancies in courts (>5000 across all courts), lack of public trust in judiciary, instances of quid pro quo, backlog of cases (50 mn+, mostly at sc), cases not listed by judge for a long time ex. Electoral Bonds case not used for SJYIS.
powers to quant pardon, reprieve, respite, remit, commute sentences by president. • encroachment in judicial domain • can overturn sentence given by SCA263: SC NO courts to have jurisdiction on inter-state water disputes • tribunals set up by executive adjudicate: cases verdict delivered in a very long time ex. Cauvery dispute (17 yts) SC has to recort to A136 special leave petitions jeopardizing its efficacy.
Local self government were set up under constitutional status under 73rd Panchayats and 74th C ULS) constitutional amendment Act in 1992. Administrs feature challenges of LSG:lack of devolution of functions and functionaries and funds by state govt due to voluntary provisions in constitutionelections: irregular, lack of independence of state election commission SECstate finance commission SFC: not appointed (reports not implemented)Gram Sabha: powers not specified does not under social audits of schemesPlanning committee at district & metropolitan level: weakest provision, lack of experts, technical knowledge, presence of MPs/ MLAs hampers decentralization.3 levels of panchayats: powers/ functions of each level not demarcated lack of support from Bureaucracy, Mayor is a ceremonial head.Presence of parallel bodies: ex SRVs for smart city = rising forcing of funds for schemes.Poor infrastructure, lack of digital connectivity.Male policies for women.
Remedial Measures:streamline TDRs of finance commission at centre and SFC.Bring state EC under ECIMP Gram Swaraj Abhiyam: devolve more power to gram satha.Kerala's model code of conduct for bureaucrats and panchayat members.training and capacity building of elected members: youth & womenGreater clerecution of taxing power for ULBs, encourage municipal bonds.Parliamentary committee to reviewthe functioning of panchayats & ULBs democratic decentralization through LSGs is essential for ensuring representative and participatory democracy.
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Conclusion
Constitutional provision of judicial review (A32, A226) ensures that India remains a vibrant democracy.