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The Indian polity is a federal, parliamentary democracy. The legislative branch, the Parliament, consists of the Lok Sabha (lower house) and the Rajya Sabha (upper house), with the Lok Sabha being the more powerful.
India’s federal structure grants significant autonomy to its 28 states and 8 union territories, each with its own elected government and legislative assembly.
ocal governance is further decentralized through the Panchayati Raj system, empowering communities at the district, block, and village levels.
Roadmap for Answer Writing Introduction Define judicial activism and its significance in the Indian context. Introduce the ‘basic structure’ doctrine established in the Kesavananda Bharati vs. State of Kerala case (1973). State the thesis: Judicial activism has been instrumental in reinforcing democratic principles in ...
What are the main factors contributing to the delays in delivering judgments in the Indian judicial system? How do issues like case backlog, resource constraints, and procedural complexities affect the speed of justice in India?
The following are some reasons by which judgments in the Indian judicial system look for unreasonable amount of time: A few of the key causes are: 1. Case Backlog: -Pendency of Cases: The major issue is that a large number cases are heard in many courts, and therefore disposal of judgments is a slowRead more
The following are some reasons by which judgments in the Indian judicial system look for unreasonable amount of time: A few of the key causes are:
1. Case Backlog:
-Pendency of Cases: The major issue is that a large number cases are heard in many courts, and therefore disposal of judgments is a slow process.
-Increasing Caseload: This is so due to the fact that the population of people is on the increase everyday, and problems of law also are on the increase.
2. Resource Constraints:
-Judges Shortage: This means that the relatively few judges deployed in subsidiary and superior courts slow the discharging of cases and delivery of judgment.
-Infrastructure Shortages: Poor infrastructure like the courthouses, and/or administrative building and so on, can frustrate the functionality of courts
-3. Procedural Complications:
-Procedural Lengthy Process of Law: This is elongated by complication of laws and other subsequent appeals in different tiers of the courts system.
-Technical Problems and Delay: Technical arguments and points of procedure are often postponed and they form good causes of nuisance and stalling.
4. Other Factors:
-Lack of Proper Legal Counselling: Unfortunately many a poor especially from the most backward sections cannot engage an advocate and this results in either adjournment of the hearing or poor counseling.
-Corruption and Inefficient Judiciary: Delaying factors are likely to be aggravated when corruption and an ineffective judicial system are added to the concoction.
These specific overall factors are therefore part of the reason why justice is done gradually. The time has come to renew and rejuvenate the system in order to improve reliability, organization of procedures, add more resources, and increase the efficiency of the judicial system.
See lessDescribe judicial activism and assess how it has affected the relationship between the Indian judiciary and executive branch. (125 Words) [UPPSC 2020]
Judicial Activism: Concept and Impact on Executive-Judiciary Relationship in India Concept of Judicial Activism: Judicial Activism refers to the judiciary's proactive role in addressing social injustices, safeguarding fundamental rights, and ensuring the implementation of laws beyond mere interpretaRead more
Judicial Activism: Concept and Impact on Executive-Judiciary Relationship in India
Concept of Judicial Activism:
Judicial Activism refers to the judiciary’s proactive role in addressing social injustices, safeguarding fundamental rights, and ensuring the implementation of laws beyond mere interpretation. It involves courts taking an active stance in policy issues and legislative matters.
Impact on Executive-Judiciary Relationship:
In summary, judicial activism in India has enhanced judicial authority but also created complex dynamics with the executive branch.
See less“Public interest litigation cannot be used for every topic of public interest.”Assess. (200 Words) [UPPSC 2020]
Evaluation of Public Interest Litigation (PIL) in India 1. Definition and Purpose of PIL: Public Interest Litigation (PIL) is a legal mechanism in India allowing individuals or groups to file petitions in the court to address public interest issues. The aim is to promote justice and accountability iRead more
Evaluation of Public Interest Litigation (PIL) in India
1. Definition and Purpose of PIL:
Public Interest Litigation (PIL) is a legal mechanism in India allowing individuals or groups to file petitions in the court to address public interest issues. The aim is to promote justice and accountability in cases where the public’s rights are affected, especially for marginalized communities.
2. Criteria for PIL:
Not every matter can be classified as a PIL. For a case to qualify, it generally needs to meet the following criteria:
3. Recent Examples:
4. Challenges and Misuse:
5. Conclusion:
PILs are a crucial tool for public justice, yet their effectiveness relies on clear criteria and judicial restraint to avoid overuse and ensure focus on genuine public concerns.
Remark on the “2+2 ministerial discussion” between the United States and India (125 Words) [UPPSC 2020]
India-America "2+2 Ministerial Dialogue": Overview and Significance 1. Overview of the Dialogue: The "2+2 Ministerial Dialogue" between India and the United States involves meetings between Defense Ministers and Foreign Ministers of both countries. Initiated in 2018, it aims to enhance strategic cooRead more
India-America “2+2 Ministerial Dialogue”: Overview and Significance
1. Overview of the Dialogue:
The “2+2 Ministerial Dialogue” between India and the United States involves meetings between Defense Ministers and Foreign Ministers of both countries. Initiated in 2018, it aims to enhance strategic cooperation and address key issues of defense and foreign policy.
2. Significance:
3. Challenges and Criticisms:
Conclusion:
The 2+2 Ministerial Dialogue is pivotal for strengthening India-US relations and addressing mutual security concerns, though challenges in implementation and regional politics persist.
Which three goals make up public interest litigation?
Public Interest Litigation commonly known as PIL is a legal remedy which allows citizens to file a case to protect and enforce the rights of public. Following are the three objectives Public Interest Litigation: To Protect Human Rights: PILs are a way to protect human rights by serving as a remedy tRead more
Public Interest Litigation commonly known as PIL is a legal remedy which allows citizens to file a case to protect and enforce the rights of public.
Following are the three objectives Public Interest Litigation:
Conclusion
Public Interest Litigations serves as a very crucial tool for the Indian Legal system. PIL serves as a remedy to citizen to file a suit against anyone in order to protect the rights of the general public.
See lessAnswer the question in maximum 15 to 20 words. This question carries 03 marks.[MPPSC 2023] Which three goals make up public interest litigation?
Objectives of Public Interest Litigation (PIL) Introduction Public Interest Litigation (PIL) has emerged as a crucial mechanism in Indian jurisprudence for addressing societal grievances and ensuring justice for marginalized and disadvantaged groups. PILs are designed to address broader social issueRead more
Objectives of Public Interest Litigation (PIL)
Introduction
Public Interest Litigation (PIL) has emerged as a crucial mechanism in Indian jurisprudence for addressing societal grievances and ensuring justice for marginalized and disadvantaged groups. PILs are designed to address broader social issues and have significantly influenced legal and social reforms in India.
1. Promote Access to Justice for the Underprivileged
2. Address Systemic and Institutional Failures
3. Advance Social Justice and Human Rights
Conclusion
Public Interest Litigation serves as a vital instrument for promoting justice, addressing systemic failures, and advancing social justice. Through recent examples, it is evident how PILs have played a significant role in addressing public grievances and enforcing rights in contemporary India.
See lessAnswer the question in maximum 15 to 20 words. This question carries 03 marks.[MPPSC 2023] Which three purposes does judicial review serve?
From the Wednesbury's case we establishes reasonableness and the triple 'I' test that is: Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to - 1) Keep check over other piller of theRead more
From the Wednesbury’s case we establishes reasonableness and the triple ‘I’ test that is:
Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to –
1) Keep check over other piller of the govt. I.e legislarure and executive
2) To maintain transperacy between all three organs
3) To ensure that no act of organs should hamper the basic structure of our Constitution
Several case laws: kameshwar prasad v. State1951, keshwananda bharti 1973, waman rao, minerva mills, I.R Coelho v. State of Tamil Nadu 2007.
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The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines thiRead more
The Doctrine of Frustration concerns the legal relationship that because of occurrence of some events beyond reasonable contemplation it becomes impossible to perform and therefore the parties are discharged of the performance of the contract. Section 56 of the Indian Contract Act,1872 enshrines this principle to the effect of saying that ‘every contract to do an impossible act is void’. The contract becomes frustrated when there is an event that has the affect of making the purpose of the contract impossible, unlawful or totally unexpected by both the parties to the contract.
The most famous of these are the Indian case Of Satyabrata Ghose v. Mugneeram Bangur & Co. (1954). In this case, the role of Supreme court referred to the decision making under the rule of frustration that Say the contract becomes frustrated where there is a condition that went to the root of the contract and made its performance impossible. In the case, it is shown that the building land contract was interrupted due to the governmental orders during the Second World War. That is why the Courts ruled that due to the war related restriction the parties were unable to perform their obligations under the contract and thus, the contract was frustrated.
Disaffection cannot be recorded where the issue of the challenge in performance is temporal or where the event was anticipated. It is also not allowed where the contract has provided for how particular incidences should be handled in as much as they are contingencies.
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Code of Civil Procedure 1908 deals with two important doctrine "Res Judicata" and "Res Sub Judice". The key differences between the two are: Meaning: Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can't be re-opened iRead more
Code of Civil Procedure 1908 deals with two important doctrine “Res Judicata” and “Res Sub Judice”. The key differences between the two are:
Meaning:
Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can’t be re-opened in subsequent litigation.
Sec 10 CPC deals with Res Sub judice and it prevents the courts from taking up any matter which is still pending before subsequent court.
Purpose
The main purpose of Res Judicata is to protect individuals from being harassed by multiplicity of suits.
The purpose behind doctrine of Res sub Judice is to ensure there is conflicting or multiple judgements and matter to be decided by only one competent court.
Stage Of Litigation
Res Judicata is applicable after the final Judgement has been pronounced whereas Res Sub judice is applicable when the suit is pending.
Effect
Res Judicate bars further litigation on the decided issue on the other hand Res Sub judice stays the trial of the pending suit.
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Model Answer Introduction The Indian judiciary has played a crucial role in shaping the democratic framework of the country through its power of judicial review. Judicial activism, particularly the introduction of the 'basic structure' doctrine in the landmark Kesavananda Bharati vs. State of KeralaRead more
Model Answer
Introduction
The Indian judiciary has played a crucial role in shaping the democratic framework of the country through its power of judicial review. Judicial activism, particularly the introduction of the ‘basic structure’ doctrine in the landmark Kesavananda Bharati vs. State of Kerala case (1973), has been essential in safeguarding democratic ideals.
Protection of Fundamental Rights
Judicial activism has significantly enhanced the protection of fundamental rights. For instance, Article 21, which guarantees the right to life and personal liberty, has been expansively interpreted. In Maneka Gandhi vs. Union of India (1978), the Supreme Court ruled that this right includes the right to live with dignity. Furthermore, in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017), the Court recognized the right to privacy as a fundamental right under Article 21, demonstrating the judiciary’s proactive stance in evolving human rights jurisprudence.
Public Interest Litigation (PIL)
Public Interest Litigation has emerged as a vital tool for judicial activism in India. The Supreme Court’s decision in S.P. Gupta vs. Union of India (1981) relaxed the traditional rule of locus standi, allowing any citizen to seek legal remedies in matters of public interest. This democratization of access to justice empowers marginalized voices and promotes accountability.
Environmental Jurisprudence
The judiciary has also actively protected the environment, linking it to the right to life under Article 21. In M.C. Mehta vs. Union of India (1986), judicial interventions led to the closure of polluting industries in Delhi, exemplifying the judiciary’s commitment to environmental justice.
Upholding Secularism and Social Justice
Judicial activism has been crucial in upholding secularism, as seen in S.R. Bommai vs. Union of India (1994), and promoting social justice, exemplified by the Vishaka vs. State of Rajasthan (1997) case, which established guidelines against workplace sexual harassment.
Conclusion
Overall, judicial activism has played a significant role in the evolution of Indian democracy by enforcing rights and ensuring accountability. While debates on the balance between judicial activism and restraint continue, the judiciary’s proactive role remains vital in protecting the democratic fabric of the nation.
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