Topic: Structure, organization and functioning of the Executive and the Judiciary
Q3. “Judicial oversight of an autonomous statutory body may protect institutional integrity while also raising concerns about excessive judicial intervention.” Comment. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question
Recent judicial supervision of the Bar Council of India and the wider debate over accountability of autonomous statutory bodies.
Key Demand of the question
Explain how judicial oversight protects legality, constitutional rights and institutional credibility. Also discuss the risks of courts entering specialised policy and routine administration.
Structure of the Answer:
Introduction
Introduce autonomy and judicial review as complementary constitutional principles, with judicial review under Articles 32 and 226 forming part of the basic structure.
Body
- Need for judicial oversight: Suggest how courts can correct statutory violations, prevent arbitrary exercise of power and restore the integrity of autonomous institutions.
- Concerns over excessive intervention: Indicate how prolonged supervision may weaken institutional autonomy, disregard specialised expertise and disturb the statutory distribution of powers.
- Balanced constitutional approach: Advocate limited and time-bound intervention based on legality, proportionality and institutional restoration, followed by judicial withdrawal.
Conclusion
Conclude that judicial oversight should operate as a temporary constitutional safeguard rather than a substitute for autonomous institutional governance.
