Topic:Separation of powers between various organs, dispute redressal mechanisms and institutions
3) Some of the issues faced by Indian judiciary today, are in fact, recurring problems left unaddressed for decades. Examine.(250 words)
Why this question
Indian judiciary has been going through turbulent waters with a range of issues questioning its credibility and foundation. These issues, though apparently new are a result of some systemic deficiencies which have been left unaddressed for decades. The issue is related to the GS-2 syllabus under the following heading-
Separation of powers between various organs, dispute redressal mechanisms and institutions.
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.
Key demand of the question.
The question wants us to dig deep into the question, identify the important issues faced by Indian judiciary today and then examine them. We have to find necessary justification in the form of arguments and facts, to establish that some of the issues faced by Indian judiciary today, are in fact, recurring problems left unaddressed for decades.
Examine- we have to dig deep into the issue and find out how the present issues faced by Indian judiciary are not new but recurring problems.
Structure of the answer
Introduction– Identify and mention those issues which you think are faced by Indian judiciary today and have been existing there for decades. E.g appointments in judiciary ( rejection by the government of the collegium’s recommendation of K.M. Joseph), mechanism to deal with allegations of corruption in the higher judiciary ( recent CJI controversy), CJI’s position as the master of the roster etc.
Body- Discuss in points how these problems have been existed there for decades. Take help of the articles attached to frame your answer. Discuss the issues individually and be exhaustive and concise at the same time.
E.g appointments in judiciary- Discuss the logic of the makers of constitution in making such an arrangement of appointment, then discuss first judges case and how it was misused to get it replaced by a less desirable collegium system, which has its own flaws.
Similarly frame your answer for other two issues.
Conclusion– Form a concise, fair and balanced opinion on the issue and suggest a way-forward.