Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
3. At times, judiciary assumes the role of the legislature and proposes new laws and regulations that the legislative body should have enacted instead. However, judiciary may have transgressed its jurisdiction, violating the doctrine of separation of powers. Critically analyse. (250 words)
Difficulty level: Tough
Reference: The Hindu , Insights on India
Why the question:
Recently, the Allahabad High Court, while allowing two criminal revisions pertaining to a dowry case, took cognisance of the misuse of Section 498A of the Indian Penal Code (IPC), proposed certain safeguards and directed the State authorities of Uttar Pradesh to take the necessary steps for their implementation in a given time period.
Key Demand of the question:
To write about the judicial activism and how it may turn in to judicial overreach.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them 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 balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by defining judicial activism
Body:
First, write about the need of judicial activism. Substantiate using various examples where judicial activism has overcome the limitations of executive and legislature.
Next, write about how judicial activism can turn it judicial overreach and its impact.
Next, write about the ways to check judicial activism from becoming overreach.
Conclusion:
Conclude with a way forward.
