Roadmap for Answer Writing 1. Introduction Begin by introducing the role of the Comptroller and Auditor General (CAG) in the Indian Constitution (Articles 148–151). Mention that the CAG ensures financial accountability of the executive to the Parliament through detailed audit reports. State the significance ...
Model Answer Introduction The role of the judiciary in India has evolved significantly over time. Traditionally tasked with restricting government actions, the judiciary has increasingly played an active role in policy formulation. This shift raises important questions about its influence in shapingRead more
Model Answer
Introduction
The role of the judiciary in India has evolved significantly over time. Traditionally tasked with restricting government actions, the judiciary has increasingly played an active role in policy formulation. This shift raises important questions about its influence in shaping laws and public policy, often stepping in where the legislature has failed to act.
Judiciary’s Positive Contribution to Policy Formulation:
- Addressing Legislative Inaction:
- Fact: In cases where the legislature failed to pass crucial reforms, the judiciary intervened and directed necessary changes.
- Example: In Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993), the Supreme Court recognized the right to education as a fundamental right, which led to significant policy changes and the eventual enactment of the Right to Education (RTE) Act in 2009.
- Protecting Fundamental Rights:
- Fact: The judiciary has actively safeguarded the rights of marginalized communities when government actions were deemed discriminatory.
- Example: In the Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalized homosexuality, ensuring the protection of LGBTQ+ rights under the Constitution.
- Promoting Evidence-Based Policymaking:
- Fact: Judicial rulings have been instrumental in shaping evidence-based policies.
- Example: In MC Mehta v. Union of India (1986), the Supreme Court’s directives on controlling air pollution played a key role in framing environmental policies.
- Enhancing Public Participation:
- Fact: Judicial interventions through Public Interest Litigation (PIL) have encouraged civic engagement and policy reform.
- Example: PIL cases have led to significant public awareness and governmental accountability in areas like healthcare, education, and environmental protection.
- Filling Regulatory Gaps:
- Fact: The judiciary has stepped in to develop regulations when necessary.
- Example: The Supreme Court’s intervention in the Forest Conservation Act case addressed gaps in forest preservation policies.
Critical View
- Undermining Legislative Supremacy:
- Fact: The judiciary’s intervention can undermine the authority of the elected legislature.
- Example: In the case of the National Judicial Appointments Commission Act (2014), the Supreme Court struck down the law, asserting its control over judicial appointments, which many saw as judicial overreach.
- Lack of Expertise:
- Fact: The judiciary may lack the specific expertise needed to formulate complex policies, leading to potential missteps.
- Example: The firecracker ban in Delhi (2018) aimed at controlling pollution, but was criticized for its impractical implementation without adequate consultation with experts.
- Erosion of Accountability:
- Fact: Heavy judicial intervention may shift accountability away from elected representatives.
- Example: Judicial involvement in environmental issues, such as air pollution control, can divert attention from governmental responsibility and transparency.
Conclusion
The judiciary’s expanded role in policy formulation has both advantages and drawbacks. While it plays a critical role in addressing legislative gaps and protecting rights, its growing influence must be balanced carefully with the democratic principles of legislative supremacy and executive accountability. It is essential that the judiciary complements, rather than replaces, the legislative and executive branches in ensuring effective governance.
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Model Answer Introduction The Comptroller and Auditor General (CAG) of India, as per Articles 148 to 151 of the Indian Constitution, plays a critical role in ensuring transparency and accountability in the financial administration of the government. Its reports serve as a key instrument in scrutinizRead more
Model Answer
Introduction
The Comptroller and Auditor General (CAG) of India, as per Articles 148 to 151 of the Indian Constitution, plays a critical role in ensuring transparency and accountability in the financial administration of the government. Its reports serve as a key instrument in scrutinizing the executive’s financial activities, thus maintaining parliamentary oversight.
Role of CAG Reports in Ensuring Executive Accountability:
Conclusion
The CAG’s reports are a cornerstone of financial accountability in India. They enable Parliament to critically assess the executive’s financial practices and ensure responsible management of public resources, thereby fostering transparency and good governance.
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