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Critically examine the legitimacy of Indian Judiciary often being questioned recently and the challenges facing it with examples.

Topic : Separation of powers between various organs dispute redressal mechanisms and institutions.

2. Critically examine the legitimacy of Indian Judiciary often being questioned recently and the challenges facing it with examples. (250 words)

Reference: The Hindu 

Why the question:

The article talks in detail the recent happenings at the judiciary and brings to us the question of judicial legitimacy in the country.

Key Demand of the question:

One must examine critically the legitimacy of Indian Judiciary which is often being questioned recently and the challenges facing it with examples.

Directive:

Critically 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. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction:

Start by discussing the recent two significant developments in connection with the Indian judiciary.

Body:

Start by explaining in what way the decision of the Supreme Court of India in the matter of Prashant Bhushan’s contempt case, and the second, the retirement of Justice Arun Mishra. These events, in their own way, magnify the chinks in the armor of the Supreme Court.

Explain that the jurisprudential contribution of this decision to the law of contempt will be studied for years to come, surely, but maybe not for the reasons that the Court intended. Hopefully, a wiser judicial and legislative community will realize one day how utterly self-defeating this law is for a healthy democracy, and eventually change the law around.

Then explain the case of Justice Arun Mishra; explain that role of the office of the Chief Justice of India (CJI) in facilitating the creation of an executive court cannot be ignored.

Conclusion:

Conclude with importance of upholding judicial legitimacy and need to preserve the integrity of Judiciary in the country.