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The interpretation of the constitution by the judiciary has changed over the years in recent times, trace the change in approach of judiciary and explain with suitable examples.

Topic:   Indian Constitution and judiciary

3. The interpretation of the constitution by the judiciary has changed over the years in recent times, trace the change in approach of judiciary and explain with suitable examples. (250 words)

Reference: The Hindu

Why this question:

The article in essence explains that Smaller benches of judiciary are continuing to decide on substantive constitutional cases at the risk of going against the spirit of our constitution.

Key demand of the question:

Trace the change in the methods and perspectives of the Judiciary from past to present, evaluate has it changed for the god or deteriorated. Explain using suitable examples to substantiate your stand.

Directive:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Highlight that Indian constitution was a unique experiment which affected the quality of life of Indian citizens in a positive way. Ex: Universal adult franchise, federalism, social programmes etc. The interpretation of the constitution by the Judiciary has changed over the years in recent times.

Body:

Take cues from the article and explain how it has changed from textual approach to structure approach, to perception based approach.

Use the examples such as A.K. Gopalan v. State of Madras case, Keshavananda Bharati case, striking down section 377, bringing CJI under the ambit of RTI etc.

Explain what needs to be done.

Conclusion:

Conclude with way forward.