Are you Ready for Insta 75 Days Revision Plan (UPSC Prelims - 2020)?
Topic -structure, organization’s and functioning of the Executive and the Judiciary
2)Critically analyze the process of constitution of benches in the Supreme Court
of India.(250 words)
Why this question
Impeachment motion against CJI has been in news and the root cause behind the motion needs to be analysed in detail.
Key demand of the question
The question is asking us to examine whether the process of bench constitution is in tune with the principles enshrined in constitution, laws, PNJ etc. It asks us to formulate an opinion on whether the process merits reform based on the arguments provided.
Critically analyze – bring out the various debates which have been brought to the forefront by the issue of roster of judges. Thereafter form your opinion based on your arguments
Structure of the answer
Introduction – Mention about the impeachment motion and correlate it to the issue at hand.
- Discuss the current process
- Pros of the current process
- Mention about past judgments
- Authority of CJI as head of judiciary
- Violation of right againt arbitrariness ingrained in right to equality
- Various court judgements
- Misuse of discretionary power
- In this section also highlight how the current process caused an issue and will continue to do so
Conclusion – mention your stand while suggesting a way forward