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2)Critically analyze the process of constitution of benches in the Supreme Court of India.(250 words)

 

Topic -structure, organization’s and functioning of the Executive and the Judiciary

2)Critically analyze the process of constitution of benches in the Supreme Court
of India.(250 words)

Indian express

The Hindu

 Why this question

Impeachment motion against CJI has been in news and the root cause behind the motion needs to be analysed in detail.

Key demand of the question

The question is asking us to examine whether the process of bench constitution is in tune with the principles enshrined in constitution, laws, PNJ etc. It asks us to formulate an opinion on whether the process merits reform based on the arguments provided.

Directive word

Critically analyze – bring out the various debates which have been brought to the forefront by the issue of roster of judges. Thereafter form your opinion based on your arguments

Structure of the answer

Introduction – Mention about the impeachment motion and correlate it to the issue at hand.

Body

  • Discuss the current process
  • Pros of the current process
    • Mention about past judgments
    • Authority of CJI as head of judiciary
    • Etc
  • Cons
    • Violation of right againt arbitrariness ingrained in right to equality
    • Various court judgements
    • Misuse of discretionary power
    • In this section also highlight how the current process caused an issue and will continue to do so
  • Conclusion – mention your stand while suggesting a way forward