Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Q3. “A deferential judiciary that prioritises State security over individual liberty risks undermining constitutional morality.” Discuss. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question
Rising concerns over preventive detention, judicial delays, and increasing deference to executive claims of national security have triggered debates on the role of judiciary in safeguarding constitutional morality.Key Demand of the question
The question requires examination of how judicial deference to State security can undermine constitutional morality, along with presenting counter-arguments justifying such deference and suggesting a balanced way forward.Structure of the Answer:
Introduction
Briefly define constitutional morality and highlight the tension between liberty and security in Indian constitutional framework.Body
- Undermining constitutional morality: Show how excessive deference weakens fundamental rights and judicial review.
- Justifications for deference: Explain necessity of security, executive expertise, and separation of powers.
- Way forward: Suggest balancing mechanisms through judicial safeguards and institutional reforms.
Conclusion
Emphasise need for a balanced, rights-oriented approach ensuring security without compromising constitutional values.
