Judiciary
The Constitution of India establishes an independent judiciary, with the Supreme Court as the apex authority. The judiciary is responsible for interpreting the Constitution and safeguarding the fundamental rights of citizens.
The Supreme Court and the high courts of the states have the power of judicial review, allowing them to assess the constitutionality of laws and government actions. This robust judicial framework is a cornerstone of India’s democratic system.
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The Supreme Court has recognized access to the Internet as a fundamental right, yet the government continues to impose frequent Internet shutdowns to preserve public order. Discuss. (200 words)
Model Answer The Conflict Between Internet Access and Shutdowns in India In recent years, India has grappled with the tension between ensuring public order through internet shutdowns and upholding citizens' fundamental right to access the internet. The United Nations Human Rights Commission (UNHRC)Read more
Model Answer
The Conflict Between Internet Access and Shutdowns in India
In recent years, India has grappled with the tension between ensuring public order through internet shutdowns and upholding citizens’ fundamental right to access the internet. The United Nations Human Rights Commission (UNHRC) in 2016 recognized internet access as a fundamental human right, and the Indian Supreme Court has affirmed this stance by declaring it a fundamental right under Articles 19 (freedom of speech and expression) and 21 (right to life and personal liberty) of the Indian Constitution in landmark cases like Anuradha Bhasin (2020) and Faheema Shirin (2019). Despite this, the Indian government frequently imposes internet shutdowns to maintain law and order, citing concerns such as national security, preventing misinformation, and curbing public unrest.
Impact on Fundamental Rights
The frequent internet shutdowns raise significant concerns about the violation of fundamental rights. According to the Anuradha Bhasin case (2020), shutdowns restrict the right to livelihood, especially in sectors like e-commerce and information technology, which are highly dependent on internet access. Moreover, Faheema Shirin (2019) emphasized that access to the internet is crucial for the right to life and liberty, particularly for education and access to information. Thus, frequent shutdowns infringe upon citizens’ ability to live with dignity and fully participate in society.
Disproportionate and Unlawful Bans
While internet shutdowns are often imposed with the intent to control violence or prevent the spread of misinformation, they are sometimes enacted on disproportionate grounds. In states like Rajasthan and West Bengal, shutdowns have been imposed to prevent cheating during exams, a decision that has little connection to the scale of disruption caused. This raises concerns about the lack of effective safeguards in the current legal framework. Despite the 2017 Suspension Rules, shutdowns are still often enforced under Section 144 of the CrPC, which lacks procedural transparency and accountability.
Path Forward
To resolve this issue, it is imperative to establish clearer principles of proportionality and more stringent oversight mechanisms. The Indian Telecommunications Bill, 2022 should incorporate the Supreme Court’s directions on internet shutdowns. Additionally, review committees must be strengthened, with the inclusion of non-official members like retired judges to ensure transparency. Rather than blanket shutdowns, targeted restrictions should be considered, focusing on specific services rather than entire networks.
In conclusion, while the government’s use of internet shutdowns may be motivated by public safety concerns, their frequent and indiscriminate nature undermines fundamental rights. A more balanced and transparent approach is necessary to ensure that the right to access the internet is protected.
See lessAlthough tribunals in India were established to ease the burden on the judiciary, they have developed their own unique set of challenges. Discuss. (200 words)
Model Answer Challenges Faced by Tribunals in India Tribunals were introduced in India through the 42nd Amendment of the Constitution under Articles 323A and 323B to reduce the burden on the judiciary and expedite the resolution of disputes. However, while tribunals aimed at easing judicial congestiRead more
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Challenges Faced by Tribunals in India
Tribunals were introduced in India through the 42nd Amendment of the Constitution under Articles 323A and 323B to reduce the burden on the judiciary and expedite the resolution of disputes. However, while tribunals aimed at easing judicial congestion, they have encountered significant challenges over the years.
1. Violation of Separation of Powers
One of the major concerns surrounding tribunals in India is the appointment process of tribunal members. The central government appoints the Chairperson and other members, which leads to a perceived breach of the separation of powers. Judicial independence is compromised when the executive is involved in judicial appointments, especially in cases where the executive itself is a party to the dispute (Source: Constitutional Law of India by H.M. Seervai).
2. High Pendency of Cases
Despite being established to address case backlog, tribunals themselves are burdened with a high pendency of cases. For instance, as of December 2022, over 80,000 cases were pending before various benches of the Central Administrative Tribunal (Source: Annual Report of the Central Administrative Tribunal, 2022). This backlog is a result of systemic inefficiencies, absenteeism, and overwork of tribunal members.
3. Vacancy and Dysfunctional Benches
Vacancies in tribunals are another significant problem. As of March 2021, the Armed Forces Tribunal had 23 vacant posts out of a sanctioned strength of 34 members, rendering several benches dysfunctional (Source: Ministry of Defence Annual Report). This hampers the tribunals’ ability to function effectively and delay justice.
4. Impact on Judicial Independence
The frequent appointment of retired judges and bureaucrats to tribunal positions has raised concerns about the loss of judicial independence. These appointments, often influenced by political considerations, may compromise the objectivity of decision-making (Source: Indian Journal of Public Administration).
5. Non-Uniformity Across Tribunals
The lack of uniformity in the functioning of various tribunals—especially concerning service conditions, tenure, and reappointment processes—adds to the complexity of their administration. Tribunals operating under different ministries face challenges due to inconsistent governance standards (Source: Report of the Law Commission of India).
Conclusion
To address these challenges, it is essential to ensure tribunals’ autonomy, impartial appointments, and uniformity across different bodies. Additionally, a National Tribunals Commission could provide a regulatory framework to enhance the effectiveness and independence of tribunals in India.
See less"Discuss the importance of improving the administration of justice at the lower levels of the judiciary for enhancing the overall justice delivery system in India." (200 words)
Model Answer Importance of Improving Administration of Justice at Lower Levels of the Judiciary Improving the administration of justice at the lower levels of the judiciary is essential for enhancing the overall justice delivery system in India. The District and Sessions Courts, Metropolitan MagistrRead more
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Importance of Improving Administration of Justice at Lower Levels of the Judiciary
Improving the administration of justice at the lower levels of the judiciary is essential for enhancing the overall justice delivery system in India. The District and Sessions Courts, Metropolitan Magistrate Courts, and Civil Judge Courts serve as the first point of contact for citizens seeking justice, making their role crucial in ensuring timely and fair resolution of disputes.
Addressing Backlog and Pendency of Cases
A major challenge in India’s judicial system is the high pendency of cases. According to the Department of Justice, there is a backlog of approximately 4.15 crore cases in subordinate courts. This backlog, compounded by slow disposal rates, creates a vicious cycle of delay, contributing to a massive delay in justice for litigants. Addressing this issue at the lower court level will reduce the caseload burden on higher courts and expedite the resolution process for all levels of the judiciary.
Tackling Judicial Vacancies and Administrative Challenges
Another critical issue is the 23% vacancy of judges at the district level. Delays in judicial appointments further exacerbate this situation, leading to a shortage of manpower and slow case disposal. The administrative burden on judges, due to insufficient staff and resources, also diverts their focus from adjudicating cases. By streamlining judicial appointments and increasing staff support, the lower judiciary could function more efficiently.
Enhancing Infrastructure and Technological Advancements
Inadequate infrastructure, including poorly maintained courtrooms and insufficient record-keeping facilities, hampers the functioning of lower courts. Improvements in court infrastructure and the digitization of records, as advocated by initiatives like the eCourts Mission Mode Project, can significantly boost efficiency. Technological solutions for case management, scheduling, and monitoring would streamline the process, reducing delays and errors.
Alternative Dispute Resolution (ADR)
The promotion of Alternative Dispute Resolution (ADR) methods, such as arbitration and mediation, can alleviate the pressure on lower courts by offering quicker and cost-effective dispute resolution options. By integrating ADR into the justice delivery system, the burden on the judiciary can be reduced, leading to faster justice for the public.
Conclusion
Strengthening the lower judiciary through reforms in infrastructure, staffing, technology, and case management is pivotal in improving overall justice delivery. A more efficient and accessible lower judiciary will enhance access to justice and reduce delays, ultimately contributing to a fairer and more effective legal system in India.
See lessDespite the principle of separation of powers between the Legislature and the Judiciary, judicial activism has often undermined this distinction. Discuss with reference to India. (200 words)
Model Answers Introduction: Separation of Powers in India The doctrine of separation of powers is a foundational principle of the Indian Constitution. It ensures that each branch of government—Legislature, Executive, and Judiciary—operates independently without infringing upon the functions of the oRead more
Model Answers
Introduction: Separation of Powers in India
The doctrine of separation of powers is a foundational principle of the Indian Constitution. It ensures that each branch of government—Legislature, Executive, and Judiciary—operates independently without infringing upon the functions of the others. Articles 122, 121, and 212 provide mechanisms to maintain this separation between the Legislature and Judiciary, with the aim to prevent judicial overreach.
Judicial Activism and Its Impact
Despite these constitutional provisions, judicial activism in India has often blurred the lines between the roles of the Legislature and the Judiciary. Judicial activism refers to instances where the judiciary intervenes in matters traditionally within the domain of the legislature, arguing that the courts have a role in addressing issues of public concern.
Public Interest Litigations (PILs)
Judicial activism in the form of Public Interest Litigations (PILs) has seen the judiciary stepping into legislative roles. For example, in Vishaka vs. State of Rajasthan (1997), the Supreme Court laid down sexual harassment guidelines for workplaces, assuming a legislative function until Parliament passed a law. This was viewed as the judiciary encroaching upon the legislative domain.
Law-making and Judicial Review
Another example of judicial activism is the Kesavananda Bharati (1973) case, where the Court limited Parliament’s power to amend the Constitution, invoking the “basic structure” doctrine. Similarly, in striking down the National Judicial Appointments Commission (NJAC) Act, the Supreme Court intervened in a matter that could be considered the domain of the legislature.
Conclusion: Judicial Overreach and the Thin Line
While judicial activism can play a crucial role in enforcing constitutional principles and protecting citizens’ rights, it raises concerns about judicial overreach when the judiciary impinges upon legislative powers. Therefore, maintaining a balance is essential for upholding the principle of separation of powers in India.
Sources:
- Vishaka vs. State of Rajasthan (1997)
- Kesavananda Bharati vs. State of Kerala (1973)
- NJAC Case (2015)
See lessThe timely resolution of court cases is crucial for upholding the rule of law and ensuring access to justice. In this regard, analyze the factors contributing to judicial pendency and outline the measures taken to address this challenge. (200 words)
Model Answers Introduction The timely resolution of court cases is fundamental to ensuring access to justice and upholding the rule of law. However, judicial pendency, or the backlog of pending cases, has become a significant challenge in India. As of recent reports, over 4.70 crore cases remain penRead more
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Introduction
The timely resolution of court cases is fundamental to ensuring access to justice and upholding the rule of law. However, judicial pendency, or the backlog of pending cases, has become a significant challenge in India. As of recent reports, over 4.70 crore cases remain pending across various courts. This delay undermines public trust in the judiciary and hampers the delivery of justice.
Factors Contributing to Judicial Pendency
Measures to Address Pendency
Conclusion
Addressing judicial pendency requires continued reforms in infrastructure, judicial staffing, and technological integration to improve access to justice and the efficiency of the judicial system.
Sources:
- Department of Justice data
- National Judicial Data Grid
See lessHighlight the key features of the Gram Nyayalayas Act, 2008, and discuss its importance for India. (200 words)
Model Answers Key Features of the Gram Nyayalayas Act, 2008 The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include: Establishment: Gram Nyayalayas are to be set up for every intermediate-level PanchayaRead more
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Key Features of the Gram Nyayalayas Act, 2008
The Gram Nyayalayas Act, 2008 was established to create grassroots-level courts aimed at improving access to justice in rural areas. Key features include:
Significance of Gram Nyayalayas
Conclusion
The Gram Nyayalayas Act, 2008 plays a crucial role in enhancing access to justice for marginalized groups, promoting equality in legal representation, and ensuring that justice is both affordable and expedient for rural citizens.
See lessWhat are the key issues related to judicial accountability in India, and what measures can be taken to address them? (200 words)
Model Answers Key Issues Related to Judicial Accountability in India Appointment of Judges The current collegium system, where judges select other judges, concentrates power in the hands of a few. This lack of transparency raises concerns about the judiciary becoming a self-perpetuating body, potentRead more
Model Answers
Key Issues Related to Judicial Accountability in India
The current collegium system, where judges select other judges, concentrates power in the hands of a few. This lack of transparency raises concerns about the judiciary becoming a self-perpetuating body, potentially undermining impartiality. (Source: Article 124, Constitution of India)
The absence of statutory backing for procedures like case allocation, judicial appointments, and disciplinary actions leads to a lack of transparency in the functioning of the judiciary. (Source: Judicial Charter 1997)
Article 121 restricts discussions in Parliament regarding judges’ conduct, which can result in limited external scrutiny. This has led to cases of misconduct being self-regulated by the judiciary itself, raising concerns over impartiality in such reviews. (Source: Article 121, Constitution of India)
The Right to Information (RTI) Act does not apply fully to judicial proceedings, particularly regarding judges’ personal information. While the office of the Chief Justice was brought under RTI in 2019, there are still limits on public access to judicial processes. (Source: RTI Act 2005, SC Judgment 2019)
Measures to Enhance Judicial Accountability
Parliament should pass legislation to amend the collegium system, making judicial appointments more transparent and inclusive.
A law setting clear standards and accountability mechanisms for judges should be enacted to address current gaps.
Increased use of technology, including digital records and monitoring of case lifecycles, would enhance transparency and efficiency.
A binding and comprehensive code of conduct for judges, enforceable by law, would improve accountability.
Publishing annual performance reports, like those from the Orissa High Court, would ensure consistent scrutiny and accountability.
By implementing these measures, the judiciary can maintain its independence while improving its accountability.
See lessCPC
Based on the concept of “order of joining the parties”, under Order I, Rule 1 of CPC under Civil Procedure Code, 1908 of India, whether two more people can appear and approach a single court in a single suit. Legal provisions: The 'Order I, Rule 1 CPC, mentions that: Any number of individuals can beRead more
Based on the concept of “order of joining the parties”, under Order I, Rule 1 of CPC under Civil Procedure Code, 1908 of India, whether two more people can appear and approach a single court in a single suit.
Legal provisions:
The ‘Order I, Rule 1 CPC, mentions that: Any number of individuals can be brought together as claimants in a single action where —
or (a) any right to relief arises out of the same act or transaction or series of acts or transactions; and
It might do so (b)-(b) if such persons brought separate suits, any common question of law or fact would arise.
Application to the Case
1. Common Right to Relief:
Both Universities have the same complaint against A because when A employed the title “The Oxford and Cambridge Publications” people are led to assume that the books are published by the said Universities. This confers on both plaintiffs a ‘common right to relief’ in preventing A from employing the misleading title.
2. Same Act or Transaction:
Even a single transaction involved in the act of publication of books under the misleading title is abusive of th goodwill and reputation of both the Universities.These are common issues which if the Universities had filed separate suits they would have been raised as follows: more people can join and move before a single court in a singular lawsuit.
Legal provisions:
The ‘Order I, Rule 1 CPC, mentions that: “All persons may be joined as plaintiffs in one suit where —
(a) any right to relief arises out of the same act or transaction or series of acts or transactions; and
(b) if such persons brought separate suits, any common question of law or fact would arise.”
Application to the Case
1. Common Right to Relief:
The two Universities have a common grievance against A, because A’s use of the title “The Oxford and Cambridge Publications” gives rise to the belief that the books are published by either or both institutions. This gives both plaintiffs a ‘common right to relief’ in restraining A from using the misleading title.
2. Same Act or Transaction:
The act of publication of books under the misleading title itself is a ‘single transaction’ that infringes goodwill and reputation of both the Universities.
3. Common Questions of Law and Fact: If separate suits were filed by the Universities, they would have common issues such as: Whether A’s use of the title is deceptive.
– Whether it violates the rights of the Universities.
The area affected by the calamity as well as the degree or intensity of the identified loss.
Joining an action has the advantage of avoiding the parallel trials which are time consuming and therefore saver judicial resources.
Conclusion
See lessOxford and Cambridge Universities can join in filing the suit under the CPC because their rights to relief arise out of the same transaction and if separate actions were filed, there would be common question of law and fact. Pleading as plaintiffs is not a wrong approach to the procedures laid down in the present case.
Constitution of India
Constitution of India: Pros of bicameral legislation Parliamentary system of India has the provisions in the Constitution by having a two houses for the central legislature known as "Lok Sabha” which is House of people and the second chamber is “Rajya Sabha” which is the Council of States. This is sRead more
Constitution of India: Pros of bicameral legislation
Parliamentary system of India has the provisions in the Constitution by having a two houses for the central legislature known as “Lok Sabha” which is House of people and the second chamber is “Rajya Sabha” which is the Council of States. This is such a crucial factor in a democracy.
The following is a highlight of benefits of Bicameral Legislation:
1. Checks and Balances:
This arrangements would make sure that there is a balance of power between the two houses that can never pass an undesirable legislation and encourages formulation of sound legislations.
2. Representation of Diverse Interests:
Lok Sabha: Leading the direct population, the party members were themselves elected by the people.
– Rajya Sabha: It protects federal interest and defends the rights of the regional entities that are states and union territories in the country.
3. Quality of Legislation:
If there were two houses, people ensure the best scrutiny, debate and amendment of the proposed laws hence minimizing on errors made, and enhancing the quality of the laws to be made.
4. Preventing Majoritarianism:
It affords minority protection in the sense that it prevent the Lok Sabha dominance and ensures that the interest of the minority and small states are protected.
5. Expert Opinion:
The Rajya Sabha comprises of members nominated from the civil society who are selected depending on their contribution in literature, science and art, as well as social work. It also gives diversity in knowledge to the debates.
6. Continuity in Governance:
As a result of this, that Rajya Sabha is composed afresh through staggered elections, it continues to perform its legislative duties without interruption because the Lok Sabha has been dissolved.
7. Safeguard Against Populism:
The bicameral structure helps to level down populist pressures as the Rajya Sabha is more than a second chamber that allows for more measured responding to the public not being a direct representative of people’s votes.
Conclusion
See lessIndia’s parbling, namely the double chambered structure of the Indian parliament is effective in contributing to a balanced much more inclusive and efficient course of democratic decision making. It caters to multiple needs and interests within the exercise of a rational and reasonable limit, thereby being a framework of Indian federal as well as a democratic state.
Can an FIR be filed by the accused? If yes, will the FIR be admissible as a confession in court of law?
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case. Admissibility as a Confession: Generally, an FIR filed by an accused is not admissible in the court as a confession.Read more
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case.
Admissibility as a Confession:
Generally, an FIR filed by an accused is not admissible in the court as a confession. This is due to the following reasons:
1. Voluntariness: A confession should be voluntary and shall be made free from duress or any sort of inducement to be taking as admissible. An FIR filed by an accused does not fall under this category especially at times of coercion or pressure.
2. Warning: Any confession that may have taken place that was recorded would have a proper warning administered before taking such confession due to the ill effects of false confession. An FIR filed by an accused may not have undergone this stage.
3. Self-Incrimination: Thus, the right of every incriminated person not to be self-incriminated is restricted by the filing of an FIR. However, it should be ensured that voluntary statements are not induced or coerced to hold up before this court.
Meaning, an FIR can be filed, but predominantly it will be without evidentiary value. The court would have to look at what circumstances were there under which the FIR was filed, the voluntary nature of the statements, and whether or not procedural safeguards were followed.
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