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
2. When the judiciary surpasses the line of the powers set for it in the name of judicial activism, it could be rightly said that the judiciary then begins to invalidate the concept of separation of powers set out in the Constitution. Critically analyse. (250 words)
Reference: Indian polity by Lakshmikant
Why the question:
The question is from the static portions of GS paper II.
Key Demand of the question:
The answer must bring out the concerns associated with overusing or misusing the powers under judicial activism.
Directive:
Critically 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. 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 judgment.
Structure of the answer:
Introduction:
Start with what you understand by judicial activism.
Body:
First explain the fact that judicial activism can be good if the intention of the court is to protect and preserve the rights of citizens, and not merely criticize the government.
Then hint at the fact that It is being claimed that, in many recent judgments, the Supreme Court has become hyper-activist in making laws. Neither is the broad separation of powers among the three organs of the state maintained nor is the law being preserved.
Explain doctrine of separation of power. Present the demerits of judicial activism.
Give examples to substantiate.
Conclusion:
Conclude with way forward.
