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.
2) “Any step towards overhauling the Judicial System should intend to balance judicial independence and judicial accountability.” Examine the above statement in the light of recent controversies. (250 words)
Why this question:
The question aims to address the need for balancing independence and accountability of the judiciary.
Key demand of the question:
The answer should discuss the need for balancing judicial independence and judicial accountability amidst newer changes that are being made in the judicial system for improvisation.
Directive:
Examine – When asked to ‘Examine’, we have to look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Discuss the recent changes that have been made in the judiciary.
Body:
Explain the importance of judicial review and importance of system of checks and balances. Highlight the need for judicial accountability by pointing out Basic structure doctrine, usurping powers of executive, lack of judicial values and non-obligation to RTI. Highlight the ways in which judicial independence and judicial accountability can be balanced by pointing out Code of Conduct, Judicial ethics, Judges Association, Transparency, Steps for Parliamentary reform.
Conclusion:
Reiterate the need to ensure judicial accountability while balancing Independence.
