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2) The judiciary is deviating from its own precedents in terms of civil liberties. Critically analyze the statement in light of some of the recent SC judgements.(250 words)

Topic – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

2) The judiciary is deviating from its own precedents in terms of civil liberties. Critically analyze the statement in light of some of the recent SC judgements.(250 words)

The hindu

Why this question

Civil liberties are essential and perhaps the most vital essence necessary for the functioning of any modern democracy. Several SC judgements highlight the essence and scope of such liberties and it becomes essential to discuss those cases and the judgements.

Directive word

Critically analyze-here we  have to examine methodically the structure or nature of the topic by separating it into component parts, and present them as a whole in a summary.

Key demand of the question.

The question wants us to look into the important SC judgements related to the concept of civil liberties. It wants us to analyze how those judgements are deviations from each other and then form a personal opinion on the issue.

Structure of the answer

Introduction– write a few introductory lines about the  role and importance of civil liberties in a democracy.

Body

Discuss the SC judgements and the logic forwarded in detail and bring out the deviations as observed in those judgements.e.g

  1. Explain article 21 of the constitution.
  2. Discuss the case of Romila Thapar v. Union of India, and briefly discuss how the judgement has contravened the SC’s earlier judgements like Government of A.P. v. P. Laxmi Devi.
  3. Discuss the case of Abhijit Iyer-Mitra v. State of Odisha, and briefly discuss how the SC has contravened it’s earlier judgement in the case of State of Rajasthan v. Balchand.

Discuss the essence of judgements in each case in detail and take the help of the article attached to the question as well as other authentic sources to frame your answer.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue. E.g reiterate the importance of civil liberties and the importance of SC as an upholder of civil liberties in India.