Roadmap for Answer Writing
Introduction
- Contextualization: Introduce the evolving role of the judiciary in India, traditionally seen as an institution that restricts government actions to one that now also mandates policies.
- Thesis Statement: Briefly mention how this shift has led the judiciary to play a more active role in policy formulation, while also presenting challenges related to judicial overreach and expertise.
Body
- Judiciary’s Evolving Role in Policy Formulation
- From Restriction to Mandating:
- Historically, the judiciary focused on checking the government’s powers (judicial review).
- Over time, it has increasingly directed the government to implement policies, fill legislative gaps, and protect rights.
- From Restriction to Mandating:
- Positive Contributions by Judiciary in Policy Formulation
- Addressing Legislative Inaction:
- Example: Right to Education (RTE) Act after Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993).
- Protecting Fundamental Rights:
- Example: Navtej Singh Johar v. Union of India (2018) decriminalized homosexuality, ensuring equal rights for the LGBTQ+ community.
- Evidence-Based Policy Development:
- Example: MC Mehta v. Union of India (1986) on air pollution, leading to environmental policy changes.
- Promoting Public Participation:
- Example: Public Interest Litigation (PIL), allowing citizens to approach courts directly for policy reform.
- Filling Regulatory Gaps:
- Example: The Forest Conservation Act case, where the judiciary contributed to strengthening forest conservation regulations.
- Addressing Legislative Inaction:
- Critical Analysis of Judicial Role
- Undermining Legislative Supremacy:
- Example: National Judicial Appointments Commission Act (2014) struck down by the Supreme Court, seen as judicial overreach into the legislature’s domain.
- Lack of Expertise:
- Example: Firecracker ban in Delhi (2018), where the judiciary’s lack of technical expertise led to unintended consequences.
- Erosion of Accountability:
- Overreliance on the judiciary could lead to reduced transparency and accountability of the executive.
- Example: Judicial interventions in areas like pollution control can divert attention from government responsibility.
- Undermining Legislative Supremacy:
Conclusion
- Summary: Recap the judiciary’s evolving role, emphasizing both the positive aspects and criticisms.
- Final Thoughts: Advocate for a balanced approach where the judiciary complements the legislative and executive branches in the policy formulation process, without encroaching on their domains.
Relevant Facts with Examples
- Right to Education (RTE) Act:
- Facts: The Supreme Court declared the right to education as a fundamental right in Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993), which led to the amendment of the Constitution and the passage of the Right to Education Act (2009).
- Navtej Singh Johar Case (2018):
- Facts: The Supreme Court’s decision to decriminalize homosexuality under Section 377 of the Indian Penal Code marked a significant judicial intervention in safeguarding LGBTQ+ rights.
- MC Mehta Case (1986):
- Facts: In this landmark environmental case, the Supreme Court’s directives regarding pollution control led to the formulation of policies and regulations for environmental protection.
- Public Interest Litigation (PIL):
- Facts: The judiciary’s use of PIL has allowed citizens to seek judicial intervention in matters of public policy, including issues like healthcare, education, and environmental protection.
- Forest Conservation Act:
- Facts: The Supreme Court’s intervention in this case led to the strengthening of forest conservation laws, emphasizing the importance of judicial action in enforcing policy.
- National Judicial Appointments Commission Case (2014):
- Facts: The Supreme Court struck down the NJAC, asserting its primacy in judicial appointments, which raised concerns over judicial overreach.
- Firecracker Ban (2018):
- Facts: The Supreme Court’s ban on firecrackers in Delhi aimed at reducing air pollution was controversial, as it lacked comprehensive consultation with experts on its practical implications.
- Pollution Control:
- Facts: The judiciary’s involvement in pollution control, such as in the MC Mehta case, has raised questions about the adequacy of executive action in these domains.
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:
Critical View
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.