CA : Separation of Powers, Judiciary Etc

CA : Separation of Powers, Judiciary Etc

2019-04-28 06:24 :44

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Issues with Supreme Court viz Collegium, Pendancy etc.

2019-05-12 14:50 :38

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Collegium System:

• Headed by CJI + 4 SC Judges
• Recommendations binding to gov if the Collegium sends the names of the judges/lawyers to the government for 2 nd time
• No time limit to reply -> Hence appointment takes long time
• Central gov does fact checking
• No mention in constitution
• Consesus required for appointment

![[Supreme-Court-Collegium-image1-23205818.jpg]]

Gender disparity in Collegium/ Judiciary

• SC has had only 8 female judges / 239
• Low f judges in subordinate judiciary
• Only 1 women collegium member so far no female CJI.

Too Few SC Judges Issues

• Supreme Court Judge strength inc from 31 to 34, to deal with paucity of judges
• Increase in the SCs strength may not be enough.
• Require :
  • Restraint the duration of oral arguments.
  • Adherence to schedule of hearings.
  • preserve the apex court’s primary role as the ultimate arbiter of constitutional questions and statutory interpretation Article 145(3).
• 229 th Law Commission Reoport : one Constitution Bench in Delhi, and four ‘Cassation Benches these will be final appellate courts for routine litigation.
• Article 124 appointments are made by Prez, judge must be advocate in HC >= 10 years or have held judicial office for 10 years.

‘In-house procedure’ of SC

• keeps outside agency out, maintains independence of Judiciary and faith of people.
• 3 bench committee 2 HC CJs, 1 HC judge no lawyer involved similar for SC judge
• Recusal of mem cannot be demanded by the litigant and reason for recusal given in writing.
• If convicted -> Removal Jude/Impeachment

Fast Track Courts FTC

• FTCs are set up by State Govt in consulation with High Courts recommended by 11th finance commission.
• FTCs now to clear the cases under the Protection of Children from Sexual Offences (POCSO) Act :
• 581 FTCs operational 5.9 lakh pending cases.
• Districts with more than 100 cases pending need to make FTCs.
• Issues :
  • Decline of FTCs variation in kinds of cases handled,
  • Lacked technological resources
  • Inadequate staff
  • Delay in getting reports, adjournments
  • Over-listing of cases
• Needs :
  • Identifying systemic issues and addressing the concerns,
  • Equal attention must be paid to metropolitan and far-flung non-metropolitan areas.
  • States will need to take stock of the issues at the ground level

Judges Cases

The primary question was the meaning of term ‘in consultation’ mentioned in Art 124 and 222.

• 1 st Judges case 1981: 7 judge bench reaffirmed that consultation does not mean concurrence that was laid down before in Sankalchand Case. And transfers must be in national interest after consulting CJI.
  • During this time Transfers were made by the President acting on the advice of the Council of Ministers.
  • The case thus gave Executive’s decision primacy of CJI’s.
• Supreme Court Advocates on record case aka 2 nd Judges case 1993
  • ‘Consultation Really meant concurrence’ this consultary opinion of CJI was to be formed along w/ 2 senior most Judges of SC.
  • Thus ==introduced Collegium system==.
  • Said CJI has not only primacy but is determinative.
  • Views of Transfered judge should be given in writing.
• 3 rd Judges case 1998
  • Expanded collegium to 5 mem body.
  • CJI was to consult CJ of HC and HC where judge was to be transferred whose views were to be given in writing.
  • Judge to be transferred could put his views in front of CJI.
• 4 th Judges case
  • NJAC (99 th Amendment) quashed in 2015.
• 255th Law Commission #Report, 2nd ARC, Justice Tarkunde #Committee recommended a ==Collegium system== for the appointment of CEC and EC.

Appointment of CJI

• : not in Const, given in Memorandum of Procedure MoP b/w gov and judiciary.
• Procedure : Law Ministry seeks recom from outgoing CJI -> CJI sends name can consult collegium -> law minister forwards to PM who advices the Prez to make appointment.
• Except for law min seeking name there is no say of gov, cannot send recom back.

Recent Supreme Court Rulings

• Recently divorce was given by SC exercising special powers under Art 142 for ‘irretrievable breakdown of marriage’ such a case has not been described under the Hindu Marriage Act 1955.

• Summer Vacation declared by CJI

  • Summer bench constituted by CJI special bench,
  • Not fully closed, only special matters to be taken
  • Admits writ.

• Mullaperiyar dam issue : SC asked supervisory committee to take decision on max level that can be maintained at the dam. Kerala wants lower max level but TN wants more since it operates the dam despite the dam itself being in Kerala -> to help Madurai farmers but this make Idukki district prone to floods .

• Tenure of CBI director and ED Chief (amending CVC 2003 Act) was increased by 2 years upto 5 years.

• SC said that courts cannot interfere with day to day rituals and sevas performed in temples on basis of ‘public interest’ petitions.

  • Article 32 provided RT Constitutional Remedy. In Romesh Thappar case 1950 SC said that remedy for enforcement of fundamental right is guaranteed.
  • SS Shukla case 1976 during emergency SC said citizen loses his right to move to court under Art 32. But it is on the discretion of SC and each individual judge to decide to take on the case.

• National Court of Appeals suggested by AG of India to act as final court of justice dealing with appeals from HC and tribunals within their region.

Allotment of Party symbols

• party candidate has to provide list of 3 symbols from EVs free symbols list at time of filing nomination papers.
• Out of the 3 one is allotteed to party/candidate on first come first serve basis.
• In case of split of political party ECI takes decision on assigning the symbol. ECI is the only authority to decide on this per Sadiq Ali vs ECI in 1971.
• Alloted under the Elections Symbols Order 1969. Party symbols could be either Reserved or Free. Reserved symbols are for National and State Parties, Free ones are of nearly 200 that are alloted to unrecognised regional parties.

Mob Violence

• Bilkis Bano case : mob violence : Steps taken
  • Code CrPC Section 357A
  • state gov prepare scheme for victims and dependents for rehab
  • Central Victim Compensation Fund.

False Violence

• False Allegation is covered under 49A IPC 177 has 6 months jail/+ Rs 1000 penalty

Articles and Issues related to Delhi

• Article 239A which puts the supremacy of Legislature above the Administrator

Atrocities against lower strata of Society

• Supreme Court has recalled its 2018 judgement diluting SC & ST Prevention of Atrocities Act 1989
  • older judgment said that Public Servant could be arrested only with written permission of appointing authority and in case of Private employees w/ SSP’s permission.
  • also barred accused to get anticipatory bail -> has been diluted to be done ==exceptional and rare cases==.

Appointment to tribunals

• SC : appointments to tribunals to be on basis of existing statutes and not under the Fin Act of 2017 by Fin Act centre could appoint.
  • Fin Act 2017 could Remove etc mem of judicial tribunals eg NGT, NCLAT etc -> was passed as money bill which was contested successfully.

Contempt of Courts

• Contempt of Courts Act 1971 divides it into Civil and Criminal contempt but fair criticism is not contempt Art 129 and 215 empowers SC and HC to punish for it.

Issues Related to Patents

• Article 137 review by SC only for patent errors not minor inconsequential mistakes.
  • Constitution has explicitly mentioned review for SC but not for HC. #PrelimsPYQ
  • 3 grounds to seek review discovery of imp matter, error apparent on records, sufficient reason.
  • to be filed within 30 days a curative petition is held after review.

Issues wrt to Disabled

• Chhattisgarh SLA to have disabled quota for disabled person 1 mem either elected or nominated.

Internet suspension in India

• 3 laws that deal with internet suspension are IT #Act 2000, CrPC 1973 and Telegraph #Act 1885. SC ruled that the suspension of internet should be in the cases of Public emergency and in interest of public safety

Trial of elected representative

• Separate courts for MPs and MLAs.
  • Need : 4000 pending cases against legislators, cases of wilful disobedience, non bailable warrants not executed.
  • Against argument - Court should not be offender centric, Courts can only be constituted by a statute.

MPLADS #scheme

• since 1993 -> for creating durable community assets ex infra
• fully funded by GOI, fund entitlement is 5cr.
• 15% to SC pop and 7.5 % to ST pop is reserved. Ceiling of 75lakh for tribal programs.
• MP have recommendatory role, district authority examines the eligibility of works, at least 10% of work is to be inspected.
• RS MP can recom project anywhere in the state, Nominated mem anywhere in Country #important
• MPLADS was suspended under DM Act.

FCRA

• Central Gov cannot label a non-political NGO/Org as political and stop its foreign funding under FCRA for using protests and dissent to aid a public cause.

Petitions in Courts

• After the SC gives death sentence 4 petitions are there : Review petition -> Curative petition -> Mercy petition w/ President -> Petition against rejection of Mercy by Prez in SC.

Criminal Law reforms

• Ranbir Singh #committee - ==Reforms in Criminal Laws==. Madhav Menon #Committee 2007 and Malimath #committee 2003 formed on Criminal Justice System.

• Criminal Procedure (Identification) Act 2022 replaces Prisoners Identification Act 1920.

  • Expands scope of measurements to be collected for ID of person ex Retina scans, biological samples
  • Data could be retained upto 75 years, resistance would be an offence under IPC. Central Gov could also make rules.

• New rules for admn of UT of JK by MHA, Police, Public Order, All India Service and anti-corruption falls under exec function of LG.

Disqualification of Judges

• Judicial disqualification/ Recusal due to
  • conflict of interest
  • judge in favour of one or against
  • interest in subject matter
  • background, personal knowledge, rulings, comments or conduct.

Legal entity to animals, dieties

• Lengal Entity to animals : capacity of suing and be sued, incidents of cruelty on animals inc, rights only on paper. ![[1.1 Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure, Devolution etc#^7c7221]]

• Amicus Curiae is friend of the court/ a neutral lawyer appointed by the court to assist.

• PM CARES : PM Citizen Assistance and Relief in Emergency Situations set up as public charitable trust, can get donation from foreign contribution and 100% tax exemption, PM ex-officio Chair, diff from [[4.1 Environment, Pollutions, EIA and DM Feb 2020 Onwards#^e829ed|PMNRF]].

• To change the jurisdiction of a HC over a UT Parliament has the atuthority.

Right to health

• Right to health is a fundamental right under Art 21.

Preventive Detention

• SC : Preventive detention should be used only to prevent public disorder. Mariappan case -> aim of detention is to stop crime not to punish.

• Increasing vacancies in court. Reasons : Systemic defects in appt process ex infrequent exams, No time frame for appt, Unclear recruitment procedure, No data on procedure.

• How to ensure speedy justice?

  • Special laws, FTCs; Digitisation of court procedures/doc; better classifciation of offences; Judges should decide punishment on basis of judicial precedent.

Internal Elections in Party

• Challenges and concerns with Lack of internal elections in party. Challenges : most political families continue to retain power due to the lack of this, lack of transparency & internal democracy are reflected when they come to power.

Judiciary Related reforms

• Zero Pendency Court project by Delhi HC to check the life cycle of cases, study flow & judicial time required dispose cases #report . Observations :

  • More judges required, more criminal cases, most time spent on final arguments
  • Delay ‘coz absence of witness, unnecessary adjournments, delay in summons
  • Concerns : increased workload, credibility issues, increased pendency.

• ! Topic is scattered across Laxmikanth.

Static : Sep of Powers b/w Various Organs

2020-10-21 17:00 :17

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• Preserves human liberty by avoiding conc of power.
• Aristotle, Cicero, John Locke, Jean Bodin,
• Montesquieu’s Spirit of Laws
• Doctrine of sep includes
  • Institutional sep, Functional sep, Sep of Personnel, Limitation of appointing powers
• Modern Contemporary approach is diverse and complex thus strict sep is difficult to apply advocates for mixed Govt or weak sep of power w/ checks and balances.
  • Primary functions clearly allocated to state and checks to it
  • Strict sep could lead to constitutional deadlock, help achieve balance of powers
• Doctrine of Sep in India
  • Art 50
  • Art 122, 212 legislatures cannot be called for question in court
  • Art 121, 211 Judicial conduct of judge cannot be discussed in Parliament SLA
  • Art 53, 154 exec power w/ Prez and Governor
  • Art 361 - Prez not answerable in any court
• Functional overlap
  • Legislature can punish, exec make appt to Judiciary posts; Leg amend laws declared ultra vires by Court,
  • Impeachment of Judge by Leg; Head of Govt from Legislature,
  • Exec can pass ordinances; Art 118, 208 - exec exercises law making power under delegated legislation,
  • Tribunal and other quasi-judicial bodies are part of exec
• Constitution expressly provides a sys of checks and balances
• Delhi Laws Act case - where consti has given power to one body its function should not be performed by other bodies.
• Keshavanand Bharati Case - what amount to an excess on extent of power of legislature to amend consti, Sep of power is basic structure
• Indira Gandhi vs Raj Narain - SoP is in a broad sense only, rigid sep does not apply like US, AUS
• Ram JawayaKapur vs So Punjab - SoP not expressly mentioned in Const
• IR Coelho case - 9th schedule violates the SoP doctrine and it is under Judicial review
• Checks and Balance -
  • Judges appt by executive, removed only if impeached by Parl
  • Prez appt leader of majority party
  • Judiciary checks laws made by govt
  • Judicial Review checks legislature
• SoP in USA - Rigid, it gives powers to legislature, prohibits actions for Congress, Executive power with Prez
  • Law making power Cong checked by Prez through veto
  • Cong can refuse to give amnesty proclaimed by Prez
  • Prez may nullify conviction of criminal
  • Cong can limit jurisdiction of SC
• SoP in England - weak SoP, exec part of legislature,

Supreme Court ¹

• SC - Art 124-147 should be judge of HC for 5 yr or advocate for 10yrs, no fixed tenure, can be removed by order of Prez after Parl passes a resolution
  • Judges Enquiry #Act 1968 - removal signed by 100mem in LS 50 in RS, Speaker may or may not admit, 3 mem comm to investigate, special majority in both houses
  • Independence - appt by Prez, Security of Tenure, fixed service condition, expenses on CFI, Conduct cannot be discussed in parl, Ban on practice after retirement, freedom to appt its staff, jurisdiction cannot be curtailed, separation from exec
  • Original J, Writ J, Appellate J, Advisory J, Court of Record, Power of Judicial Review, Const Interpretation, Other Powers

Judicial Activism and Judicial Restraint

• #todo ⏫ ✅ 2023-03-04

PIL

• #todo ⏫ ✅ 2023-03-04

Dispute Redressal Mechanism and Institution

2020-10-21 17:01:22

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Dispute Redressal for mediation, inc accessibility to justice, improving efficiency, reducing delays

Administrative Tribunals

• Swaran Singh #committee , 42 CAA - 323A 323B
• 323 A - Administrative Tribunals redressal, public services of centre
  • Central Adm Tribunal CAT - mem of defence, servants of SC, Secretarial of Parliament not covered, natural justice, Chandra Kumar Case, Parliament only estd
  • State Adm Tribunal - original jurisdiction, all service matters of state govt, Joint Adm tribunal
• 323 B - set up for taxation, foreign exchange, industrial labour, land reforms, ceiling on urban property, food stuffs, Rent and tenancy rights
• Advantages - Flexibility, Adequate Justice, Less Expensive, Relief to Court
• Disadv - limits Rule of Law, no set procedure, prob of summary trials, heads not from judicial background

Fast Track Courts

![[1.3 Separation of Power between various organs, dispute redressal mechanisms. Judiciary#Fast track courts FTC]]

NCLAT National Company Law Appellate Tribunal

• const under ==section 410 of the Companies #Act 2013== is a quasi judicial body.
• formed on recom of Eradi #committee
• hears appeals against orders of ==NCLT and against Competition Commission of India CCI==.
• It can also an appellate tribunal for hearing appeals against orders passed by Insolvency and Bankruptcy Board of India.

Members

• Consists of chairperson and other scuh no of Judicial and technical mem not exceeding 11 as Cental Govt may deem fit (1+11).
• Chairperson is a person who has been judge of SC or CJ of HC. Judicial members who ahs been Judge of HC or Judicial mem of tribunal for 5 years.
• Both the above members of Tribunal is appointed after consultation with CJI by the centre.
• the appointment committee consists of mem from Mo Corporate affairs, Mo Law and Mo Finance. Appts done for period of 5 yrs
• Appeals against NCLAT could be done in Supreme Court withing 45 days from order.
• Quasi-judicial, jurisdiction over Company law Board, Board for Industrial Fin Reconstruction, Appellate autho for Industrial Fin Reconstruction etc
• pendency, delay
• Adv - eliminate scope for overlapping or conflicting rulings, uniform judgements, fair play avoid judicial error
• Under IBC Code 2016, hears appeals of CCI also
• CJI/Judge of SC is the Chair of appointment comm

ISWD Tribunal ²

• Issues - delays, opacity of institutional framework, ensuring compliance

National Green Tribunal NGT

• Act 2010, natural justice, easy for proposing alternative flaws in projects, principle of Sustainable Dev,
• Issues
  • limited jurisdiction to only substantial question of env,
  • confined to community affected by activity,
  • no provision for ecologists etc be appointed as technical mem,
  • silent on who will pay compensation,
  • no jurisdiction over WPA 1972 IFA 1927 ST Recognition of Forest Rights Act 2005,
  • inc backlog
  • expert mem lack knowledge of env as a whole

![[5.1 Acts and Policies#National Green Tribunal Act 2010]]

![[5.2 Institutions and Measures#National Green Tribunal 2010]]

Gram Nyayalas ³

• equality and justice are principles, pendency, participatory form of justice, inexpensive, every Panchayat, Nyayadhikari, mobile court, summary procedure
• Low in number, lack of staff, summary trial, favoritism/ bias by Nyayadhikari

Lok Adalat ⁴

• Alternate Dispute Resolution ADR, viable, economic, efficient, informal, pre-litigation disputes, matrimonial, Criminal, Land acquisition, Labour disputes, Bank recovery
• Adv - no court fee, flexibility, speedy trial, interact directly w/ judge, no delay as it is non-appealable
• Disadv - based on compromise, most petty cases go to regular courts
• Permanent Lok Adalat - jurisdiction wrt transport, postal, telegraph, power, light, bulb etc, upto 10 lakhs

Family Courts ⁵

• Conciliation, 59th Law Comm, Obj - expedite procedure, institute mechanism, inexpensive, flexibility
• Every city/town, by State Govt, matrimonial relief, divorce, restitution of conjugal rights, property of spouse, guardianship etc
• Social welfare agencies, simplified rule, only 1 right to appeal
• Suggestion - coop closely w/ women related orgs, monitoring mechanism, not change marriage councillors frequently, Omit Court fees, absence of lawyers causes clerks peons coerce, try cases of domestic violence

Arbitration and Conciliation

• Private settlement, judge chosen by mutual consent, types - adhoc - non institutional , institutional - prior agreement b/w parties, contractual - clause in agreement, statutory - by law
• Arbitration Conciliation #Act 1996 - enforcement of foreign awards, judiciary directs parties, challenge permitted only on invalidity of agreement, time limit for awards removed
• Amendment #act 2015 - relevant court by HC, State in case of international arbi, time period 12 months for awards 6months for disposal by Court
• Adv - privacy, liberty to choose arbitrator venue, faster, simplified
• Disadv - delay, arbitrators treat as litigation, more no of cases, costs could be high
• Arbitration and Conciliation Amendment Ordinance 2020 - parties can seek unconditional stay or arbitral awards, does away with schedule 8 that contained necessary qualification to accredit arbitrators

Institution Mechanism of Dispute Redressal

• NHRC : Govt often ignore recoms, conc more on political rights than on social ones, cannot investigate complaints 1yr, SHRC cannot call for info from National Govt, most HRC have low staffing
• NCW : depends on grant from C, no power to select mem, no legislative power, suggestions not binding, low Fin Assistance, unreported cases not attended
• NCST : by 89 CAA, Article 338A.
  • lack of independent fin authority, handles low no of cases, lack of staff, only the educated/ socially well-off benefit, conflict of interest, pending reports since 2018.
  • Tribal literacy rate is 59%, Per NFHS under 5 mortality rate 57.2/1000 national is 38.5, IMR is 44.4/1000 national is 32.156.
  • 50% STs are multidimensionally poor, 40-50% are displaced due to dev projects.
• NCSC : elite bias, not used suo moto effectively, less active in making fundamental change, failed to bring concrete changes, lack of institutionalisation, decisions not binding, no period within which Prez report to parliament can be discussed, duplication/ multiplication of institutions
• NCPCR :
• Suggestions : inc coordination, estd multi role commission in smaller states, curb overlapping of jurisdiction, meaningful and continuous interaction

Corresponding Chapters in Laxmikanth

• ! Separation of powers is scattered. Need own notes.
• ! Dispute Redressal is overallping with Judiciary Ministries etc.

PYQ

2020-10-30 14:04 :49

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Separation of Powers

1. The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws. (“भारत में आधुननक कानून की सवा्भसधक महत्वपूण्भ उपलत्धि सववोच्च न्ायालय द्ारा पया्भवरणीय समस्ाओ का सं ं नवधानीकरण है ।” सुसं गत वाद नवसधयो की सहायता से इस कवन की ं नववेचना कीजजए।) 2022

Answer

1. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (राज्यपाल द्ारा नवधायी िक्तियो के ं प्योग की आवश्यक ितमों का नववेचन कीजजए । नवधाययका के समक् रखे नबना राज्यपाल द्ारा अध्ादेिो के पुनः ं प्ख्ापन की वैधता की नववेचना कीजजए । ) 2022

Answer

1. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (नवनवधता, समता और समावेशिता सुननजचित करने के ललए उच्चतर न्ायपाललका में महहलाओ के ं प्नतननसधत्व को बढ़ाने की वांछननयता पर चचा्भ कीजजए।) 2021

Answer

1. To what extent, in your view, the Parliament is able to ensure accountability of the executive in India? (आपकी दृनटि में, भारत में काय्भपाललका की जवाबदेही को ननजचित करने में सं सद कहाँ तक समथि्भ है ?) 2021

Answer

1. Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (न्ाययक नवधायन, बहरतीय सं नवधान में पररकल्पित िक्ति पृथिक्रण ससधिांत का प्नतपक्ी है। इस सं दभ्भ में काय्भपालक असधकरणो को ं हदिा-ननददेि देने की प्ाथि्भना करने सम्नी, बडी सं ख्ा में दायर होने वाली, लोक हहत याचचकाओ का न् ं ाय औचचत्य ससधि कीजजये।) 2020

Answer

1. Do you think that constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (क्ा आपके नवचार में भारत का सं नवधान िक्तियो के कठोर पृ ं थिक्रण के ससधदान् को स्ीकार नही करता है, बल्कि यह ‘न ं नयंत्रण एवं सं तुलन’ के ससधदान् पर आधाररत है ? व्याख्ा कीजजए।) 2019

Answer

1. From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (न्ायालयो के द् ं ारा नवधायी िक्तियो के ं नवतरण से सम्ं सधत मुद्ो को सुलझाने से, ‘पर ं रसंघीय सववोच्चता का ससधदान्’ और ‘समरस अथिा्भन्वयन’ उभर कर आए हैं । स्पटि कीजजए।) 2019

Answer

1. Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (क्ा उच्चतम न्ायालय का ननण्भय (जुलाई 2018) हदल्ी के उप-राज्यपाल और ननवा्भचचत सरकार के बीच राजनैनतक किमकि को ननपिा सकता है? परीक्ण कीजजए।) 2018

Answer

1. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (भारत में उच्चतर न्ायपाललका में न्ायाधीिो की न ं नयुक्ति के सं दभ्भ में ‘राटिट्ीय न्ाययक ननयुक्ति आयोग असधननयम, 2014’ पर सववोच्च न्ायालय के ननण्भय का समालोचनात्मक परीक्ण कीजजए।) 2017

Answer

1. What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (कोहहलो के स में क्ा अशभननधा्भररत हकया गया थिा ? इस सं दभ्भ में, क्ा आप कह सकते हैं हक न्ाययक पुनर्वलोकन सं नवधान के बुननयादी अशभलक्णो में ं प्मुख महत्त्व का है ?) 2016

Answer

1. Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (अध्ादेिो का ं आरिय लेने ने हमेिा ही िक्तियो के पृ ं थिक्रण ससधिांत की भावना के उल्ंघन पर चचता जागृत की है। अध् ं ादेिो को लागू करने की ं िक्ति के तका्भधार को नोि करते हए नवश्ेषण कीजजए हक क्ा इस मुद्े पर उच्चतम न्ायालय के नवननचियो ने इस ं िक्ति का आरिय लेने को और सुगम बना हदया है। क्ा अध्ादेिो को लागू करने की ं िक्ति का ननरसन कर हदया जाना चाहहए?) 2015

Answer

1. Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (‘आधाररक सं रचना’ के ससधिांत से प्ारंभ करते हए, न्ायपाललका ने यह सुननजचित करने के ललए हक भारत एक उन्ननतिील लोकतंत्र के रूप में नवकससत करे, एक उच्चतः अग्रलक्ी भूगमका ननभाई है। इस कथिन के प्काि में, लोकतंत्र के आदिा्भे की प्ात्प्त के ललए हाल के समय में ‘न्ाययक सहरियतावाद’ द्ारा ननभाई भूगमका का मूलांकन कीजजए।) 2014

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1. The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution. Discuss critically. (‘सं नवधान में सं िोधन करने सं सद के स्ैल्च्क असधकार पर भारत का उच्चतम न्ायालय ननयंत्रण रखता है।’ समालोचनात्मक नववेचना कीजजए।) 2013

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• ! Similar Question answered in previous topic.

Footnotes

1. 26 - Supreme Court ↩

2. [[15 - Interstate Relations.pdf#page=2]] ↩

3. [[36 - Subordinate Courts.pdf#page=16]] ↩

4. [[36 - Subordinate Courts 1.pdf#page=8]] ↩

5. [[36 - Subordinate Courts 2.pdf#page=14]] ↩