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. While some believe that judicial activism is necessary for the protection of public interest, others are of the opinion that as a judicial function, courts are required to interpret law and not make them. Examine. (250 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about pros and cons of judicial activism in India.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by defining judicial activism in India. Cite examples to substantiate.
Body:
First, write the role of judicial activism in India to improve the conditions of the masses in the country. Use various examples to substantive your points.
Next, explain the various criticism of judicial activism in India – overreach, not defined in constitution, judges acting as lawmakers etc. Cite examples to substantiate.
Conclusion:
Conclude by giving a balanced opinion.