Topic: Separation of powers between various organs, Dispute redressal mechanisms and institutions.
1) While the contribution of the Judiciary towards asserting the inviolability of constitutional rights is undeniable, Do you think the rightful limits of judicial intervention in the executive and legislative domains need to be questioned ? Discuss. (250 words)
why this question:
The article debates on the necessities of preserving the constitutionally intended jurisdictional symmetry between the legislative, executive and judicial branches of the Indian state even as we celebrate the expansion of fundamental freedoms and the resilience of our democracy.
Key demand of the question:
The answer must evaluate the reach of judicial review power exercised by the Supreme Court and the high courts, often extended through public interest litigation (PIL) or social action litigation and in what way the contributions of the apex court in asserting the inviolability of constitutional rights, particularly the right to dignity as the core constitutional value notwithstanding, pertinent questions about the rightful limits of judicial intervention in the executive and legislative domains need to be addressed.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Begin with definition of Judicial Review.
In brief discuss –
- The system of Judicial review present in the country.
- Role of the tools of Public interest litigation.
- Discuss how our constitution had a clear disapproval of concentration of authority, in favor of dispersal and accountable power through institutional balances.
- Discuss the concept of judicial supremacy , pros and cons. Critically analyse it against Judicial activism.
- Discuss the need to strike a balance between the two for effective functioning of all the three wings – Executive, Judiciary and the legislative.
- Discuss and suggest way forward.
Conclude with optimism, that there is a need to reconcile constitutional authority with popular sovereignty.