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2) Overworked courts cannot become a one-stop solution for performing legislative/executive tasks. Discuss. (250 words)

Topic – Indian Polity : Issues

2) Overworked courts cannot become a one-stop solution for performing legislative/executive tasks. Discuss. (250 words)

The hindu

Why this question

The article highlights the responsibility and actions of judiciary, executive and legislative and makes a point that off late the burden of deepening democracy, bringing in progressive legislation etc has largely fallen on judiciary. This brings under the scanner the role of the other two organs of government and the issues that might arise if India becomes a judicial democracy.

Key demand of the question

The question expects us to bring out the issues associated with judiciary’s enhanced role in Indian polity and examine whether it disrupts the balance of power, whether judiciary is the correct institution to make laws and the issues plaguing legislature and executive. Finally, we need to bring out what corrections are required along with reasoned arguments.

Directive word

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Key demand of the question

Introduction – Highlight the current situation, where judiciary has taken a lead to address questions related to privacy, section 377 etc

Body

  • Discuss the role of three organs of government and the issues that arises if the burden of governance falls on judiciary.
  • Discuss the issues arising as a result of decline of parliament and give facts and figures to indicate the decline in the nature and quality of parliamentary work. Comment on the representative nature of judiciary and explain why judicial democracy is an issue
  • Discuss ideally how the three wings of government should function

Conclusion – Give your opinion on the issue and discuss way forward.