Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government;
2. The principles of natural justice are essential to ensure fairness and equity in decision-making and the doctrine of proportionality is an important principle in ensuring that the government and public authorities do not unduly interfere with the fundamental rights of individuals. Elaborate. (250 words)
Difficulty level: Moderate
Reference: Indian Express
Why the question:
The Supreme Court, on Wednesday (April 5), set aside the orders passed by the Ministry of Information & Broadcasting (MIB) on January 31, 2022, and the Kerala High Court on March 2, 2022, refusing to renew Malayalam news channel Media One’s broadcast license.
Key Demand of the question:
To write about the principles of natural justice and doctrine of proportionality and their importance.
Directive word:
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, explain the concept of principles of natural justice – fair opportunity for all parties to present their case, impartial decision-makers, and decisions based on relevant, reliable, and admissible evidence.
Next, explain the doctrine of proportionality – means used to achieve a particular objective must be proportionate to the end sought, with the least restrictive measures used that are necessary to achieve the goal, and that the benefits of the measure outweigh any harm or burden imposed on individual rights.
Next, write about their importance and applications – decision-making is fair and unbiased, public authorities do not unduly interfere with the fundamental rights of individuals, uphold the rule of law and ensure accountability.
Conclusion:
Conclude by Summarising.
