Topic: Structure, organization and functioning of the Executive and the Judiciary
Q3. “The strength of a democracy lies not in popular sentiment but in the resilience of its institutions”. Critically examine with reference to the role of judiciary in India. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
Debates on UAPA bail, judicial independence, and Ambedkar’s warning on constitutional morality highlight the judiciary’s role in safeguarding institutions against populist pressures.
Key Demand of the question
The question requires a critical examination of how democracy derives strength from resilient institutions, evaluation of judiciary’s positive role in India, identification of challenges to its resilience, and suggesting ways forward.
Structure of the Answer:
Introduction
Begin with how institutions, not transient public sentiment, anchor democracy, with judiciary as the constitutional guardian.
Body –
- Show how judiciary safeguards democracy through doctrines, rights protection, and balancing liberty with security.
- Highlight judiciary’s positive contributions to strengthen democracy in India through landmark cases.
- Examine challenges like pendency, perception of politicisation, and lack of transparency.
- Suggest reforms for enhancing institutional resilience of judiciary.
Conclusion
End with how strengthening judiciary as a resilient institution ensures democracy remains guided by constitutional morality, not majoritarian impulses.
