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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

1. 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.
2. 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.
3. 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.

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:

1. Establishment: Gram Nyayalayas are to be set up for every intermediate-level Panchayat or for contiguous Panchayats in a district (Source: Gram Nyayalayas Act, 2008).
2. Judicial Authority: They function as courts of Judicial Magistrate of the first class, with presiding officers (Nyayadhikaris) appointed by the state government in consultation with the High Court (Source: Act provisions).
3. Mobile Courts: These courts have the flexibility to operate in villages, ensuring justice is brought to the doorstep of citizens (Source: Act details).
4. Jurisdiction: They handle both criminal and civil matters as specified in the First and Second Schedules of the Act (Source: Act specifications).
5. Procedural Flexibility: The Gram Nyayalayas are guided by principles of natural justice and are not strictly bound by the Indian Evidence Act, 1872 (Source: Act provisions).

Significance of Gram Nyayalayas

1. Access to Justice: The Act supports Article 39A of the Constitution, which mandates that the legal system should promote justice and provide free legal aid, particularly for the economically disadvantaged (Source: Constitution of India).
2. Simplification of Procedures: Gram Nyayalayas contribute to the government’s efforts to streamline judicial processes and integrate alternative dispute resolution methods (Source: Government initiatives).
3. Speedy Justice: Based on the Law Commission’s recommendations, these courts aim to deliver swift, cost-effective justice to the common person (Source: 114th Law Commission Report).
4. Affordable Justice: By bringing justice to rural populations, Gram Nyayalayas address the aspirations of poorer communities for accessible and effective legal recourse (Source: Community feedback).

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.