Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
1) Do you think the CJI enjoys unquestioned authority over allocation of judicial work and over selection of Benches, even in cases where a conflict of interest is to be presumed? Give your opinion with sufficient justifications. (250 words)
Why this question:
The article evaluates in detail the need for applicability of due process of law equally to the judicial system of the country amidst recent controversies gathering air around the office of Chief justice of India.
Key demand of the question:
The answer has to capture the significance of the due process of law and how it applies to judiciary as well. One must bring out the bounds and limits of the CJI and that the authority he enjoys is not unlimited.
Structure of the answer:
Begin with recent controversies surrounding the CJI and judiciary.
- What are the recent incidences of conflict of interest that the CJI faced.
- Explain the controversies of selection of Benches, allocation of work, special hearing and associated discretion etc.
- Discuss the significance of due process of law.
- What reforms are required to preserve the integrity of the office of CJI
Conclude by suggesting need for overhaul in the system.