Topic: 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.
3. ”Court spaces must be democratic, where Gandhi’s principle for the weakest and Ambedkar’s principle for Constitutional morality must apply.”
Analyse the statement in the light of changing modus operandi of Indian Judiciary. (250 words)
Reference:Times Of India
Why this question:
The question is based on a quote made by recently retd. Justice Muralidhar.
Key demand of the question:
The question aims to analyse the importance of the court spaces to be evidently democratic and in what way they should inculcate the principle of weakest of mahatma Gandhi and that of the constitutional Morality of Dr Ambedkar.
Analyze – When asked to analyse, 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.
Structure of the answer:
Briefly explain the key role that Judiciary plays in maintaining the constitutionality and democratic nature of the country.
First, highlight the importance of Democracy to be prevalently maintained in the functioning of the Indian judiciary. Discuss in detail the concept of “principle of the weakest” of Gandhi and the principle of “Constitutional morality” propounded by Ambedkar. Explain why should Indian judiciary inculcate the above two aspects. Illustrate the recent verdicts that went against the above features and raised doubts about the Judiciary being democratic. Suggest solutions to the challenges posed.
Conclude by reasserting the significance of democratic values that are central to the functioning of Judiciary.