Question Q.13GS2GS2
In the context of persistent legislative dysfunction in India, analyze the evolving role of judicial activism in shaping public policy and governance. Using examples from landmark court cases, evaluate the effectiveness of judicial interventions in addressing governance gaps and safeguarding citizens' rights.
Main Body
The 3 wings of state operate together with stored principles of national interest, but due to laxity on the legislatures part judiciary has stepped in. Persistent legislative dysfunction: Reduced number of days of parliamentary sitting (100 per year) - unscheduled disruptionsno debate discussion on 3 days (farm bills rushed)Parliamentary Committees no longer referred to for bills Obstructive role of Ordinance: i Shaping public policy ii Farm Bills stayedNotify Govt to eventually repeal
2Governance issues: Revolving Commission granted to rapists during Godhra riots case (3) Safeguarding citizens rights: S.P Vombelkar case (2012, IUSNI Ramane) - led bench play sec (24 H) Sedition ensuring citizen rights restored (4) Powers of ED to arrest arrested by SC in Navch case (5) Venue Citizens Form case - environmental proactivity → for altercation (6) Women rights: POSPL Act on Vishakha case guidelines while Judiciary has stepped in it is pertinent to ask whether such intervention has earned everywhere
1Judicial overreach: Parliament reduced to stamping pad (2) Judicial misadventures: Law of unintended consequences - Nabam Rebia case Where such interventions have ineffective: (1) State must enforce → Judiciary does not overreach every case to legal end (2) Privaloerns PIL's (Art. 32 case) SC prevented from performing primary role while SC has been the defier of citizens rights, perhaps self restraint (NRI Romane) must be balanced with Judicial enthusiasm
230 words1 paragraphs
Diagram
A mind map showing 'Persistent legislative dysfunction' as the central node with branches connecting to: 'Reduced number of days of parliamentary sitting (100 per year)', 'Unscheduled disruptions', and 'No debate discussion on 3 days (farm bills rushed)' and 'Parliamentary Committees no longer referred to for bills'
Topper
Rangamanju
AIR 12024
Subject & Paper
GS2GS2
Topic
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Judicial activism and legislative dysfunction
Writing Stats
230
Total words
1
Paragraphs
analytical
Tone