Print Friendly, PDF & Email

1) Even after declared unconstitutional,  several laws still prevail in the Indian legal and police circle. Critically examine. (250 words)

Topic: Structure, organization and functioning of the Executive and the Judiciary

1) Even after declared unconstitutional,  several laws still prevail in the Indian legal and police circle. Critically examine. (250 words)

The hindu

Why this question

The article discusses the reasons behind the  prevalence of several laws in Indian police circle and even the judiciary, although the laws have been declared unconstitutional by the SC.

Directive word

Critically examine- here we have to probe deeper into the topic,  get into details, and find out the causes or implications if any. based on our discussion we have to form a concluding opinion on the issue.  

Key demand of the question.

The question wants us to dig deep into the issue and bring out the reasons as to why several laws prevail in Indian police and judicial circles, even though they have been declared unconstitutional by the highest court of the land.

Structure of the answer

Introduction– write a few introductory lines about the  powers of the SC to declare a law ultra vires and unconstitutional.

Body

Discuss the reasons behind the prevalence of such laws. E.g primary reason for poor enforcement of judicial declarations of unconstitutionality is signal failures between different branches of government; monitoring function is one that the court can perform while a litigation is pending, it cannot do so after finally deciding a case, even after directions for compliance are issued. Instead, it needs help from the legislature and executive to ensure its final decisions are enforced; there exists no official method for sharing information about such decisions, even those of constitutional import etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

CategoriesINSIGHTS