Topic: Separation of powers between various organs dispute redressal mechanisms and institutions.
6) The recent Supreme Court judgements have rendered fruitless the chance to restraint an increasingly powerful Central executive .Critically analyze. (250 words)
Why this question:
The article highlights the Supreme Court’s landmark judgements that have concentrated greater power in the hands of the executive leading to powerful Central executive. Thus it becomes important from the point of view of GS paper II.
Key demand of the question:
The question expects you to critically analyze the current scenario of the overpowering Centre amidst greater support being provided to it by the Judiciary through landmark judgements that are making the Centre imperial. The answer must address and justify by elucidation of recent judgements and their impact.
Critically analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. 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 judgement.
Structure of the answer
Start with highlighting the importance of separation of power, how each wing should control and bind the other by suggesting corrective actions rather than fueling the thirst of autonomy.
Body should discuss the following broad aspects in detail –
- Recent landmark judgements that highlight the rising support of the apex court to the Centre’s actions – the four landmark judgments on fundamental rights: decriminalizing same-sex relations and adultery, opening up Sabarimala to women of all ages, and (partially) upholding Aadhaar, court’s findings on the legal status of “money bills”, dispute between the central government (acting through the Lt Governor) and the government of Delhi etc.
- Explain the trending drift towards the increased powers of the political executive, across liberal democracies.
- Way forward
Conclude with how judicial facilitation of an imperial executive is against the basic tenets of the very constitution ; doctrine separation of powers.