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Home/upsc: judiciary/Page 3

Mains Answer Writing Latest Questions

Kumudini Lakhia
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Kumudini LakhiaEnthusiast
Asked: January 24, 2025In:
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Roadmap for Answer Writing 1. Introduction Begin with a brief overview of the Gram Nyayalayas Act, 2008, stating its purpose and importance. Fact to mention: The Gram Nyayalayas Act was enacted in 2008 to decentralize justice and make it more accessible to rural ...

upsc: judiciary
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The Gram Nyayalayas Act, 2008, is a significant legislative effort aimed at making justice more accessible to India's rural population. By establishing Gram Nyayalayas or village courts, the Act aims to provide affordable, efficient, and decentralized legal services at theRead more

    Model Answer

    Introduction

    The Gram Nyayalayas Act, 2008, is a significant legislative effort aimed at making justice more accessible to India’s rural population. By establishing Gram Nyayalayas or village courts, the Act aims to provide affordable, efficient, and decentralized legal services at the grassroots level.

    Key Features of the Gram Nyayalayas Act, 2008:

    1. Establishment of Gram Nyayalayas:
      • Feature: These courts are designed to operate at the village level, making justice more accessible.
      • Significance: This reduces the need for rural citizens to travel long distances to district courts, ensuring that legal processes are within their reach.
    2. Jurisdiction and Authority:
      • Feature: Gram Nyayalayas have jurisdiction over both civil and criminal cases, as specified by the Act.
      • Significance: This dual jurisdiction allows for the handling of a wide range of disputes, addressing both personal and property-related issues in rural areas.
    3. Speedy and Informal Trials:
      • Feature: The Act prioritizes fast-tracking cases and permits flexibility in procedural norms.
      • Significance: It ensures quicker resolution of cases, which helps reduce the backlog in the judicial system.
    4. Mobile Courts:
      • Feature: Gram Nyayalayas can operate as mobile courts that visit different villages.
      • Significance: This feature ensures access to justice for those living in remote areas who may not be able to attend court sessions regularly.
    5. Cost-Effective Justice:
      • Feature: The Act simplifies legal processes to reduce costs.
      • Significance: This makes legal proceedings more affordable for rural populations, many of whom cannot afford the high costs of traditional litigation.
    6. Use of Local Language:
      • Feature: Proceedings can be conducted in the local language of the area.
      • Significance: This ensures better understanding and participation of the local population in legal proceedings.
    7. Alternative Dispute Resolution:
      • Feature: The Act encourages settlement of disputes through conciliation and arbitration.
      • Significance: This promotes amicable resolutions, which helps preserve community ties and reduces the adversarial nature of disputes.
    8. Impact on Pendency of Cases:
      • Feature: Gram Nyayalayas aim to reduce the burden on higher courts by handling local disputes.
      • Significance: This helps clear the backlog in the judicial system and speeds up the overall resolution of cases.
    9. Empowerment of Rural Population:
      • Feature: The Act makes legal remedies more accessible to rural citizens.
      • Significance: It empowers villagers by ensuring that their legal rights are upheld and enforceable without the need to travel to distant courts.
    10. Training of Judges:
    • Feature: Judges in Gram Nyayalayas, called Gram Nyayadhikaris, are trained to be sensitive to local customs and issues.
    • Significance: This ensures culturally appropriate decision-making that respects local traditions and circumstances.

    Conclusion

    The Gram Nyayalayas Act, 2008, represents a significant step towards decentralizing the Indian judicial system, providing accessible and affordable justice to rural areas. By addressing the needs of rural populations through quick, cost-effective, and culturally relevant legal proceedings, it strengthens the overall judicial framework, eases the burden on higher courts, and contributes to the efficiency of the justice system in India.

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Kumudini Lakhia
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Kumudini LakhiaEnthusiast
Asked: January 24, 2025In:
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Roadmap for Answer Writing Introduction Start by providing the constitutional basis for freedom of expression in India. Mention Article 19(1)(a) of the Indian Constitution, which guarantees the right to freedom of speech and expression. Introduce the role of the Supreme Court in interpreting ...

upsc: judiciary
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The protection of freedom of expression in India has evolved significantly, especially through the constitutional interpretations by the Supreme Court. Enshrined under Article 19(1)(a) of the Indian Constitution, this right has been progressively interpreted to reflect theRead more

    Model Answer

    Introduction

    The protection of freedom of expression in India has evolved significantly, especially through the constitutional interpretations by the Supreme Court. Enshrined under Article 19(1)(a) of the Indian Constitution, this right has been progressively interpreted to reflect the changing dynamics of society and governance.

    Early Restrictive Approach

    1. Romesh Thapper v. State of Madras (1950): The early Supreme Court interpretation of freedom of speech was restrictive. In this case, the Court upheld a narrow view of free speech and allowed government restrictions, especially when public interest was at stake.
    2. Brij Bhushan v. State of Delhi (1950): Similar restrictive views were held, where the Court emphasized the necessity of restrictions in certain circumstances, thus curbing unfettered free speech.

    Shift Towards Expansive Interpretation

    1. Sakal Papers v. Union of India (1962): A key moment in the Court’s interpretation, where it expanded the scope of freedom of speech to include the liberty of circulation and publication, laying the foundation for a broader interpretation.
    2. Bennett Coleman v. Union of India (1973): This case further expanded the understanding, particularly in terms of media freedom, reinforcing the idea that press freedom is essential for the functioning of a democracy.

    Key Developments in the Protection of Free Expression

    1. Kesavananda Bharati Case (1973): This landmark case established the basic structure doctrine, indirectly strengthening the protection of fundamental rights like freedom of expression.
    2. Express Newspapers v. Union of India (1986): The Court firmly upheld the press’s freedom, recognizing its vital role in informing the public and acting as a check on government power.

    Widening Scope for Political, Artistic, and Social Speech

    1. R Rajagopal v. State of Tamil Nadu (1994): The Court upheld the right of politicians to express themselves freely, bolstering political speech.
    2. KA Abbas v. Union of India (1970): The Court recognized artistic freedom, protecting filmmakers’ rights to create without excessive censorship.

    New Challenges with Social Media

    1. Shreya Singhal v. Union of India (2015): The Court struck down Section 66A of the Information Technology Act, emphasizing the importance of protecting online free speech in the digital age.

    Sedition Law and Dissent

    1. Common Cause v. Union of India (2016): The Court issued guidelines to curb misuse of sedition laws, highlighting the importance of dissent in a democracy.

    Conclusion

    Through various judgments, the Supreme Court has broadened the scope of freedom of expression, ensuring its applicability in diverse areas like media, political speech, and digital expression. These interpretations reflect an evolving understanding of the right to free speech, balancing individual liberty with societal responsibility.

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Rajashree Shirke
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Rajashree ShirkeLearner
Asked: January 25, 2025In:
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Roadmap for Answer Writing 1. Introduction  Begin with the significance of judicial reforms and introduce the concept of the All-India Judicial Service (AIJS). Highlight its proposal under NITI Aayog’s Strategy for New India @ 75 and recent endorsements by prominent figures like President ...

upsc: judiciary
  1. Team
    Best Answer
    Team Supreme

    Model Answer Introduction The All-India Judicial Service (AIJS) has been proposed as a national-level recruitment system to address systemic issues in the judiciary, such as vacancies, lack of meritocracy, and political interference. Endorsed by NITI Aayog and President Droupadi Murmu, it aims to brRead more

    Model Answer

    Introduction

    The All-India Judicial Service (AIJS) has been proposed as a national-level recruitment system to address systemic issues in the judiciary, such as vacancies, lack of meritocracy, and political interference. Endorsed by NITI Aayog and President Droupadi Murmu, it aims to bring uniformity and enhance judicial quality, but it also faces significant challenges.

    Feasibility of AIJS Implementation

    1. Uniform Standards
      • A centralized system ensures consistent recruitment standards across states, enhancing merit-based appointments.
    2. Addressing the Judges-to-Population Ratio
      • India’s current ratio is about 20 judges per million, far below the recommended 50 judges per million and significantly lower than the U.S. (107) and U.K. (51).
    3. Enhanced Accountability
      • Centralized oversight would improve performance evaluation, training, and disciplinary mechanisms, ensuring transparency.
    4. Talent Pool and Meritocracy
      • A rigorous national examination would attract the best legal minds, addressing gaps in quality across states.
    5. Prevention of Parochialism and Political Interference
      • A national framework curbs state-level political influence and parochial appointments.
    6. Grassroots Justice Reform
      • Tackling issues like nepotism and corruption, AIJS could strengthen justice delivery at the district level.

    Challenges of AIJS Implementation

    1. Diversity of Laws and Local Nuances
      • Different states have unique legal traditions, which a centralized system might overlook.
    2. Language Barrier
      • Judicial officers from one region may struggle with cases argued in another region’s language.
    3. Constitutional Concerns
      • Articles 233 and 234 grant states authority over subordinate judiciary recruitment, making AIJS constitutionally contentious.
    4. Administrative Complexity
      • Establishing a centralized system requires substantial infrastructure and coordination across states.
    5. Political Opposition
      • State governments may resist AIJS as it appears to centralize authority.
    6. Reservation Issues
      • Ensuring local reservations and diversity under a national system is a logistical and legal challenge.

    Way Forward

    1. Maintaining High Standards
      • Conduct recruitment through UPSC with rigorous standards akin to IAS and IPS.
    2. Vacancy Mitigation
      • Analyze root causes of judicial vacancies to complement AIJS implementation.
    3. Consensus Building
      • Gain support from High Courts and state governments to address federal concerns.
    4. Meritocracy and Training
      • Ensure merit-based recruitment coupled with comprehensive training for newly inducted officers.

    Conclusion

    AIJS has the potential to transform India’s judiciary by ensuring meritocracy and addressing systemic issues. However, its success hinges on overcoming constitutional, administrative, and political challenges through a balanced and inclusive approach. A consensus-driven implementation strategy is essential to make AIJS a reality.

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Ajay Sundar
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Ajay SundarLearner
Asked: February 18, 2025In:
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Roadmap for Answer Writing 1. Introduction Define Lok Adalats and Arbitration Tribunals as alternative dispute resolution (ADR) mechanisms. Briefly state their purpose and significance in the legal system. 2. Distinction between Lok Adalats and Arbitration Tribunals Nature of Disputes Explain the types of cases each mechanism ...

upsc: judiciary
  1. Team
    Team Supreme

    Model Answer Lok Adalats vs. Arbitration Tribunals Both Lok Adalats and Arbitration Tribunals serve as alternative dispute resolution (ADR) mechanisms aimed at resolving disputes outside the conventional court system. However, they differ in terms of nature, jurisdiction, and procedures. DistinctionRead more

    Model Answer

    Lok Adalats vs. Arbitration Tribunals

    Both Lok Adalats and Arbitration Tribunals serve as alternative dispute resolution (ADR) mechanisms aimed at resolving disputes outside the conventional court system. However, they differ in terms of nature, jurisdiction, and procedures.

    Distinction between Lok Adalats and Arbitration Tribunals

    Nature of Disputes

    • Lok Adalats primarily address minor civil, family, and petty criminal cases. For instance, they often resolve land disputes, matrimonial issues, and cases like cheque bounces (Legal Services Authorities Act, 1987).
    • Arbitration Tribunals focus on commercial, contractual, and corporate disputes. A notable example is the Vodafone tax case, which was settled through arbitration (Arbitration and Conciliation Act, 1996).

    Legal Basis

    • Lok Adalats operate under the Legal Services Authorities Act, 1987, aimed at delivering quick and accessible justice, particularly for underprivileged citizens.
    • Arbitration Tribunals function under the Arbitration and Conciliation Act, 1996, which provides a structured framework for resolving disputes.

    Voluntary Nature

    • Participation in Lok Adalats is voluntary, requiring mutual agreement from both parties to resolve disputes.
    • In contrast, Arbitration Tribunals are based on agreements or contracts between disputing parties.

    Appointment of Judges/Arbitrators

    • Lok Adalats are chaired by a judicial officer, typically a retired judge or sitting magistrate.
    • Arbitrators in Arbitration Tribunals are selected by the parties involved and may include legal or non-legal professionals, as seen in international cases like Cairn Energy vs. the Indian Government.

    Cost Efficiency

    • Lok Adalats generally do not require court fees, making them more cost-effective.
    • Arbitration Tribunals involve fees for arbitrators and legal representation, which can increase costs significantly.

    Appeal Process

    • Once a settlement is reached in Lok Adalats, no appeal can be made, although parties retain the right to litigate.
    • In Arbitration, awards can be challenged under certain conditions, often due to bias or procedural issues, as demonstrated in the Antrix-Devas arbitration case.

    Role of Lawyers

    • Lok Adalats do not require legal representation, though parties may seek advice. Many parties represent themselves.
    • Arbitration Tribunals typically involve lawyers, especially in complex cases like Reliance vs. ONGC.

    Speed of Resolution

    • Lok Adalats resolve disputes quickly, often in a single sitting. For example, over 1.14 crore cases were settled at the 3rd National Lok Adalat (2024) organized by NALSA.
    • Arbitration can take longer, depending on the case’s complexity.

    Civil and Criminal Case Jurisdiction

    • Lok Adalats handle civil matters and minor criminal cases (compoundable offences), such as cheque bounce cases and motor accident claims.
    • Arbitration Tribunals strictly deal with civil matters, particularly commercial disputes, as seen in the Ambani family asset dispute.
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Rohini Singh
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Rohini SinghBegginer
Asked: July 16, 2024In:
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Evaluate the Chief Justice of India’s function and authority as the head of the Indian judiciary. Examine the duties of the Chief Justice with regard to presiding over the Supreme Court, assigning cases, and using the court’s extraordinary authority. Examine ...

upsc: judiciary
  1. Ramu Pathak
    Ramu Pathak Begginer

    The Chief Justice of India (CJI) plays a pivotal role in the Indian judiciary, with significant powers and responsibilities: Administrative and Judicial Powers: As the head of the Supreme Court, the CJI is responsible for the overall administration and management of the court. The CJI allocates caseRead more

    The Chief Justice of India (CJI) plays a pivotal role in the Indian judiciary, with significant powers and responsibilities:

    Administrative and Judicial Powers:

    As the head of the Supreme Court, the CJI is responsible for the overall administration and management of the court.
    The CJI allocates cases and assigns them to different benches of the Supreme Court, exercising discretion in the distribution of the court’s workload.
    The CJI also has the authority to constitute special benches, such as Constitution Benches, to hear cases involving substantial questions of law.
    In the exercise of the Supreme Court’s extraordinary jurisdiction, the CJI can take suo motu cognizance of matters and initiate proceedings.
    Role in Judicial Appointments:

    The CJI plays a crucial role in the appointment of judges to the Supreme Court and High Courts, as the head of the collegium system.
    The CJI’s recommendation is essential for the appointment of other Supreme Court judges and the Chief Justices of High Courts.
    The CJI also participates in the process of transferring High Court judges between different states.
    Ceremonial and Symbolic Functions:

    The CJI is the highest-ranking judge in the Indian judiciary and represents the institution of the Supreme Court.
    The CJI presides over the ceremonial opening of the Supreme Court after the court’s annual vacation and administers the oath of office to newly appointed judges.
    Comparative Perspective:

    In other common law systems, the roles and powers of the chief justices vary:
    United States:

    The Chief Justice of the United States presides over the Supreme Court and the Judicial Conference, which oversees the federal court system.
    The Chief Justice also plays a role in the impeachment trials of the President of the United States.
    United Kingdom:

    The Lord Chief Justice is the head of the judiciary of England and Wales, responsible for the efficient administration of the courts.
    The Lord Chief Justice also heads the Judicial Appointments Commission, which selects judges.
    Canada:

    The Chief Justice of Canada is the head of the Supreme Court and chairs the Canadian Judicial Council, which oversees the conduct of judges.
    The Chief Justice also serves as the deputy of the Governor-General, who is the representative of the Crown.
    In the Indian context, the Chief Justice of India occupies a unique position, with significant administrative, judicial, and ceremonial responsibilities. The CJI’s role in the appointment and transfer of judges, as well as the exercise of the Supreme Court’s extraordinary jurisdiction, reflects the centrality of the office in the Indian judicial system. This position, with its inherent powers and influence, is crucial for ensuring the independence and effective functioning of the Indian judiciary.

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Anjali Raj singh
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Anjali Raj singhBegginer
Asked: July 15, 2024In:
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“Examine how British judicial reforms were developed and taken through the process in colonial India during the nineteenth century. How did such reforms help to bring about a charted course of legality and make the judiciary a possibly firm institution ...

british colonismlegal systemrule of lawupsc: judiciary
Meena Mehara
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Meena MeharaLearner
Asked: July 16, 2024In:
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Analyze the Indian judiciary’s appointment and removal procedures for judges. Examine the President’s, the executive branch, and the judiciary’s own involvement in the appointment and removal of judges. Talk about the importance of judicial independence and India’s constitutional protections for ...

upsc: judiciary
  1. Ramu Pathak
    Ramu Pathak Begginer

    The process of appointment and removal of judges in the Indian judiciary involves the following: Appointment of Judges: The President of India appoints the Chief Justice of India and the other judges of the Supreme Court. The appointment of High Court judges is made by the President in consultationRead more

    The process of appointment and removal of judges in the Indian judiciary involves the following:

    Appointment of Judges:

    The President of India appoints the Chief Justice of India and the other judges of the Supreme Court.
    The appointment of High Court judges is made by the President in consultation with the Chief Justice of India and the Governor of the respective state.
    The process of judicial appointments is largely dominated by the judiciary itself through the collegium system, where a collective decision is made by the Chief Justice and a panel of senior-most judges.
    The executive branch, through the Ministry of Law and Justice, plays a role in the appointment process by forwarding recommendations and nominations to the collegium.
    Removal of Judges:

    Judges of the Supreme Court and High Courts can be removed from office only through the process of impeachment by the Parliament.
    The grounds for impeachment are limited to “proved misbehavior or incapacity.”
    The impeachment process involves a two-stage process in both the Houses of Parliament, with a high threshold of a two-thirds majority vote in each House for the removal of a judge.
    The executive branch, through the Ministry of Law and Justice, initiates the impeachment process, which is then deliberated upon by the Parliament.
    Judicial Independence and Constitutional Safeguards:

    The Constitution of India has established several safeguards to ensure the independence of the judiciary, such as:
    Secure tenure of judges, with retirement ages specified for the Supreme Court (65 years) and High Courts (62 years).
    Prohibition on the executive from interfering with the functioning of the judiciary.
    Guaranteed salaries and allowances for judges, protected from reduction.
    Restrictions on post-retirement employment of judges to prevent executive influence.
    The principle of judicial independence is considered a vital feature of the Indian constitutional framework, as it ensures the impartial and unbiased administration of justice.
    The Supreme Court has also developed the “basic structure” doctrine, which limits the Parliament’s power to amend the Constitution in a way that undermines the independence of the judiciary.
    Comparative Perspective:

    In other federal democracies, the processes of judicial appointments and removals vary:
    United States: The President nominates federal judges, who are then confirmed by the Senate, with the Supreme Court having the power to review the constitutionality of laws.
    Germany: The selection of judges involves a collaborative process between the federal and state governments, with various safeguards for judicial independence.
    Australia: Judges are appointed by the Governor-General on the advice of the federal government, with formal consultations with the state governments.
    The Indian model of judicial appointments and removals, with its emphasis on the collegium system and the limited role of the executive, is aimed at preserving the independence of the judiciary. However, the process has been the subject of extensive debates and reforms, as the judiciary seeks to balance its autonomy with the need for accountability and transparency.

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Mansi Gautam
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Mansi GautamLearner
Asked: July 16, 2024In:
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Talk about the Supreme Court of India’s original, appellate, and advisory jurisdiction. Consider the court’s functions in interpreting the Constitution, resolving cases, and advising the government. Examine the differences between the Supreme Court’s authority and duties and those of the ...

upsc: judiciary
  1. Ramu Pathak
    Ramu Pathak Begginer

    The Supreme Court of India has a broad and significant jurisdiction, which can be categorized into three main types: Original Jurisdiction: The Supreme Court has original jurisdiction in disputes between the central government and one or more states, or between states. It can also hear cases involviRead more

    The Supreme Court of India has a broad and significant jurisdiction, which can be categorized into three main types:

    Original Jurisdiction:
    The Supreme Court has original jurisdiction in disputes between the central government and one or more states, or between states.
    It can also hear cases involving a violation of fundamental rights, with the power to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
    This original jurisdiction allows the Supreme Court to act as the court of first instance in certain types of disputes.
    Appellate Jurisdiction:
    The Supreme Court has the power to hear appeals against the judgments and orders of the High Courts, either directly or through special leave.
    It can hear appeals in civil, criminal, and constitutional matters, serving as the final court of appeal in the country.
    The Supreme Court’s appellate jurisdiction is crucial in ensuring the uniformity and consistency of the interpretation of laws across the country.
    Advisory Jurisdiction:
    The President of India can refer any question of law or fact to the Supreme Court for its opinion.
    This advisory jurisdiction allows the Supreme Court to provide guidance to the government on complex legal and constitutional issues, without being bound by the principles of finality and res judicata.
    Role in Interpreting the Constitution:

    The Supreme Court plays a vital role in interpreting the Constitution, exercising the power of judicial review to determine the constitutionality of laws and executive actions.
    Through landmark judgments, the Supreme Court has expansively interpreted the fundamental rights and the basic structure of the Constitution, establishing important constitutional doctrines.
    The court’s interpretation of the Constitution has significantly shaped the evolution of India’s legal and political landscape.
    Adjudication of Disputes and Provision of Guidance:

    The Supreme Court’s jurisdiction allows it to adjudicate a wide range of disputes between the central government, state governments, and individuals.
    It has the power to provide authoritative interpretations of the law and offer guidance to the government on complex legal and policy issues.
    The court’s rulings and opinions carry significant weight and influence the decision-making process of the executive and legislative branches.
    Comparative Perspective:

    The powers and functions of the Supreme Court of India are comparable to those of the apex courts in other major democracies, though with some variations:
    In the United States, the Supreme Court exercises judicial review and has both original and appellate jurisdiction, but does not have an advisory jurisdiction.
    The Supreme Court of the United Kingdom, as the final court of appeal, focuses primarily on appellate jurisdiction, with a limited advisory role.
    The High Court of Australia has original jurisdiction in specific types of disputes, along with appellate and advisory functions.
    The Supreme Court of India’s broad jurisdiction, its role in interpreting the Constitution, and its ability to provide guidance to the government make it a powerful and influential institution within the Indian democratic framework. The court’s rulings and interventions have had a significant impact on the country’s legal, political, and social landscape, serving as a crucial check on the other branches of government.

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Nitu Singh
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Nitu SinghBegginer
Asked: July 16, 2024In:
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Analyze the idea of judicial activism and the ways it appears in the Indian legal system. Talk about the times the courts have stepped in to solve social issues, increase rights, and rein in the abuses of the legislative and ...

upsc: judiciary
  1. Lajvanti Sharma
    Lajvanti Sharma Begginer

    Judicial activism refers to the tendency of courts to actively shape the law and public policy by going beyond the narrow bounds of traditional judicial review and taking a proactive role in addressing social, economic, and political issues. In India, the judiciary has been increasingly proactive inRead more

    Judicial activism refers to the tendency of courts to actively shape the law and public policy by going beyond the narrow bounds of traditional judicial review and taking a proactive role in addressing social, economic, and political issues. In India, the judiciary has been increasingly proactive in addressing various social issues, expanding rights, and checking the excesses of the executive and legislative branches.

    Manifestations of Judicial Activism in India:

    Landmark Cases:
    Shah Bano Case (1985): The Supreme Court recognized a Muslim woman’s right to maintenance from her husband, challenging traditional Muslim law.
    Vishaka Case (1997): The Court directed employers to prevent sexual harassment at workplace, introducing the concept of sexual harassment as a form of gender-based discrimination.
    Public Interest Litigation (PIL):
    The courts have used PILs to address issues like pollution, poverty, and human rights violations, often taking suo moto cognizance of these issues.
    Constitutional Amendments:
    The courts have played a crucial role in shaping constitutional amendments, such as the 93rd Amendment (2006), which introduced reservations for Scheduled Castes and Scheduled Tribes in private educational institutions.
    Checks on Executive Power:
    The courts have limited executive powers, such as in cases like ADM Jabalpur v. Shivakant Shukla (1976), where the Court held that even during emergency periods, fundamental rights cannot be suspended.
    Protection of Minority Rights:
    The courts have protected minority rights, such as in the Shah Bano case, where the Supreme Court recognized a Muslim woman’s right to maintenance despite the opposition from religious groups.
    Comparison with Other Democratic Systems:

    United States:
    The US Supreme Court is known for its judicial restraint, often deferring to legislative and executive branches. However, it has also taken a more activist stance in cases like Brown v. Board of Education (1954) and Roe v. Wade (1973).
    United Kingdom:
    The UK Supreme Court has taken a more restrained approach to judicial activism, focusing on interpreting statutory law rather than creating new rights or policies.
    Canada:
    The Canadian Supreme Court has been more willing to take a proactive role in addressing social issues, such as recognizing same-sex marriage in 2005.
    Indian Judiciary’s Activism:

    Strengths: Indian courts have played a significant role in addressing social injustices, expanding rights, and checking executive excesses.
    Weaknesses: Critics argue that judicial activism can lead to over-reach and undermine the separation of powers.
    Challenges:

    Over-reach: Courts may overstep their constitutional boundaries and encroach upon legislative or executive functions.
    Lack of expertise: Courts may lack expertise in certain areas, leading to incorrect or incomplete decisions.
    Delays: PILs and other types of cases can lead to lengthy delays, affecting the effective administration of justice.
    Conclusion:

    Indian courts have taken a proactive role in addressing social issues, expanding rights, and checking executive excesses through various means, including PILs and landmark cases. While judicial activism can be beneficial in promoting justice and equality, it is essential for courts to balance their powers with restraint and caution to ensure that they do not overstep their constitutional boundaries. A balanced approach can help the Indian judiciary continue to play a vital role in shaping public policy while maintaining its integrity and credibility.

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Nitu Singh
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Nitu SinghBegginer
Asked: July 16, 2024In:
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Examine how the Indian judicial system’s lower courts, such as the district courts and the lower judiciary, are operating. Examine their authority, cases handled, and difficulties in providing prompt and efficient justice. Examine how the lower judiciaries in other significant ...

upsc: judiciary
  1. Karishma Kumari
    Karishma Kumari Begginer

    The subordinate courts in India, including the district courts and the lower judiciary, play a crucial role in delivering justice to the people. These courts are responsible for trying cases that are not of a federal nature or that do not involve constitutional issues. The functioning of these courtRead more

    The subordinate courts in India, including the district courts and the lower judiciary, play a crucial role in delivering justice to the people. These courts are responsible for trying cases that are not of a federal nature or that do not involve constitutional issues. The functioning of these courts is assessed below:

    Jurisdiction:

    District Courts: These courts have original jurisdiction over civil and criminal cases within their territorial jurisdiction.
    Lower Judiciary: The lower judiciary includes the subordinate courts, such as the sessions courts, magistrate’s courts, and judicial magistrates’ courts. These courts have limited jurisdiction and are responsible for trying petty cases.
    Caseload:

    The caseload of the subordinate courts in India is massive, with an estimated 3.5 crore cases pending as of 2020.
    The district courts handle around 90% of all cases filed in India.
    The lower judiciary handles the remaining 10% of cases, including petty crimes and civil disputes.
    Challenges:

    Delays: One of the major challenges faced by the subordinate courts is delays in delivering justice. The average pendency period for cases in district courts is around 2-3 years.
    Inadequate Infrastructure: Many subordinate courts lack adequate infrastructure, including inadequate courtrooms, staff, and facilities.
    Lack of Resources: Subordinate courts often face shortages of resources, including insufficient funds, inadequate technology, and limited personnel.
    Overburdened Judges: Judges in the subordinate judiciary are overburdened with heavy caseloads, which affects their ability to deliver timely justice.
    Structure:

    The structure of the subordinate judiciary in India is similar to that in other major democracies. There are three tiers of subordinate courts: district courts, sessions courts, and magistrate’s courts.
    Performance:

    The performance of the subordinate judiciary in India is relatively poor compared to other major democracies. According to a report by the Law Commission of India, only 25% of cases in district courts are disposed of within a year.
    In contrast, the subordinate judiciary in other major democracies, such as the United States and Canada, has a much better performance record.
    Comparison with Other Democracies:

    United States: The US has a more decentralized system of justice, with state and federal courts handling different types of cases. The federal judiciary has a faster pace than the state judiciary.
    Canada: Canada has a more centralized system of justice, with a single national court system. The Canadian judiciary has a faster pace than the Indian judiciary.
    Australia: Australia has a decentralized system of justice, with state and federal courts handling different types of cases. The Australian judiciary has a relatively fast pace compared to India.
    Recommendations:

    Strengthening infrastructure and resources: Increasing funding for infrastructure development and resource allocation would help alleviate some of the challenges faced by subordinate courts.
    Improving case management: Implementing efficient case management systems and using technology would help reduce delays and increase productivity.
    Increasing judicial resources: Increasing the number of judges and court staff would help reduce caseloads and improve efficiency.
    Implementing alternative dispute resolution mechanisms: Encouraging alternative dispute resolution mechanisms, such as mediation and arbitration, could help reduce the burden on subordinate courts.
    In conclusion, the functioning of subordinate courts in India faces numerous challenges, including delays, inadequate infrastructure, lack of resources, and overburdened judges. To improve the performance of these courts, it is essential to strengthen infrastructure and resources, improve case management, increase judicial resources, and implement alternative dispute resolution mechanisms.

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