Topic: Separation of powers between various organs dispute redressal mechanisms and institutions.
2) Judicial independence is not just independence from the government. Do you agree. Comment in the context of growing judicial activism in India.(250 words)
Why this question
Some of the recent judgements of judges from various courts of India point out the pitfalls of unrestrained judicial liberty, which in itself is a product of judicial activism. The article discusses the need for judicial independence and how judicial activism affects it.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our knowledge and understanding of judicial activism in India and express our opinion as to why it underlines the statement that judicial independence is not just independence from the government or the executive.
Structure of the answer
Introduction– Write a few introductory lines about the judicial activism in India. E.g mention the names of a few famous cases related to judicial activism- e.g doctrine of the basic structure of the constitution to BCCI restructuring to overseeing NRC etc.
- Discuss how judicial independence is more than independence from the executive. E.g Judicial independence, depends on judges recognising a law, while being influenced by politics, is not reducible to it; Law and adjudication must remain autonomous from partisan politics in important ways; control brings with it accountability. Politicians, for example, remain “accountable” to the people in at least some sense, because they depend upon them in order to continue in office after five years. Judges who are insulated from any external control are accountable only to themselves, and their own sense of the limits of their constitutional role etc.
- Discuss the perils of unrestrained judicial activism. E.g The judgments like the national anthem order, the Tirukkural order, the NRC process, and Justice Sen’s recent foray raise an altogether more frightening prospect: that of an “executive court”;whose moral and political compass finds itself in alignment with the government of the day, and one that has no compunctions in navigating only according to that compass. Instead of checking and limiting government power, an executive court finds itself marching in lockstep with the government, and being used to set the seal of its prestige upon more controversial parts of the government’s agenda etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.