Topic: Structure, organization and functioning of the Executive and the Judiciary
Q2. “Inconsistent interim orders pose a greater threat to constitutional legitimacy than delayed justice”. Discuss. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
Recent constitutional litigation has foregrounded the Supreme Court’s use of interim powers, raising concerns about judicial consistency, legitimacy, and the long-term impact of such orders on democratic governance and public trust.
Key Demand of the question
The question requires a critical evaluation of whether inconsistency in interim judicial orders poses a deeper threat to constitutional legitimacy than delays in justice, an assessment of its institutional and governance implications, and a discussion on possible corrective approaches.
Structure of the Answer
Introduction
Briefly highlight the constitutional role of interim orders and their capacity to influence governance outcomes even before final judicial determination.Body
- Analyse how inconsistent interim orders affect constitutional legitimacy, judicial authority, and predictability in adjudication.
- Examine the implications of such inconsistency for governance, separation of powers, federal balance, and public confidence in the judiciary.
- Suggest normative and institutional measures to ensure principled restraint, consistency, and timely resolution of cases involving interim relief.
Conclusion
Conclude by underlining that constitutional legitimacy depends not only on judicial power but also on coherence, restraint, and institutional discipline in the exercise of interim jurisdiction.
