- 10% Quota for general category
- NITI Aayog proposes all India Judicial Service Examination
- CAG Report on government spending
- Need for Citizenship (Amendment) Bill
- Clause 6 of Assam accord : indepth analysis
- Collegium system for appointment of judges
- Fear of Executive Courts
- Tamilnadu Reservation Policy
Governance & Social Justice
- Bhasha Sangam Program : Celebration of Linguistic Diversity
- Cabinet approves revision in list of scheduled tribes of Arunachal Pradesh
- Does India need a coal commission?
- Concerns in Ayushman Bharat
- Depression at workplaces : A major health issue in India
- How to bridge Gender gap in India : Mckinsey Global Institute Report
- Government plans to rename Indian Forest Service
- IGOT Program for Competent Civil Services
- Indian Medical Council Amendment Bill 2018
- National Commission for Indian Systems of Medicine and Homoeopathy
- Government bats for National Medical Devices Promotion Council
- Parental consent for vaccination
- India Signs Agreement with OECD for PISA 2021
- Kerala’s wall of resistance
- Should an IAS officer use Social Media?
- Social media addiction
- Legal Status for SSC
- Tripal Talaq Bill 2018
- Web Wonder Women Campaign by Ministry of WCD
- West Bengal Leaves Ayushman Bharat : In-depth Analysis
- Why Asian Infrastructure Investment Bank Is Important For India
- What Is The Asia Reassurance Initiative Act
- E-Passport for Indians
- What Is G-77
- Failed Coup In Gabon
- Bagladesh Election
- Powering South Asian Integration
- ISRO’S New Station In Bhutan
- Kenya Replace Pictures Of Leaders on Coins With Animal
- Macedonia Name Change
- Why Norway Is Important For India
- Why India Need Membership Of NSG
- Pakistan Declared A Hindu Temple A Heritage Site
- Raisina Dialogue 2019
- India’s Republic Day Guest
- India To Take Over Sittwe Port Operation In Myanmar
- U.S. Mexico Border
- US Government Shutdown
- US Venezuela Crisis
- What is Angel Investment?
- Byorung Bridge
- India’s Airport Privatization Plan
- Rationalisation of GST Rates
- 1st Advance Estimates of Economic Growth by CSO
- Democracy Index 2018
- E-DRISHTI Software by Ministry of Railways
- What is GAFA tax
- Ganga Expressway to be Built in UP
- Green-Ag Project launched by India with UN FAO
- Issue of Tax Evasion under GST
- Improvements under GST Regime
- ICAT Certification for Automobilies
- What is Indian Bridge management System?
- Draft Information Technology Amendmenet Rules 2018
- Jamrani multipurpose DAM Project
- What is KALIA Scheme?
- MANDAL DAM
- Mega Merger!
- MSP for minor forest produce
- NITI Aayog suggestions on farm Economy
- India’s first vertical-lift Bridge
- Paradip Hyderabad pipeline
- Measures to address issues in Sugar industry
- Capital infusion in PSBs
- Renukaji dam
- PM Modi inaugrates Rice Research Institute
- Section 74 of the insolvency and Bankruptcy Code
- Social & Environmental Cost of Building dams
- Solar feeder Maharashtra model
- RBI Tokenisation
- Sikkim-Universal basic income
- Global Risks Report 2019
Science & Technology
- Why Beech Trees Dying
- Beat Plastic Pollution Resolve by India
- Why USA Is Killings California Sea Lions
- Carbon Tax
- China’s War On Particulate Air Pollution Is Causing More Serve Ozone Pollution
- CITES Washington Convention
- Coastal Regulation Zone
- Melting Ice Sheets And Release Of methane
- National Clean Air Programme Feature &Critical Analysis
- Oceans Are Heating Up 40% Faster Than Previous Estimates
- Revival Of Iran’s Lake Urmia
- India submitted sixth national report to Convention on Biological Diversity
- How Wild Fire Affect crop and vegetation Production
- NITI Aayog’s SDG Index
Spice of the Month
- GS 2 || Polity || Judiciary || Judicial Activism
Why In News?
- Justice S.R. Sen of the Meghalaya High Court recently observed in a judgment that “anybody opposing Indian laws and the Constitution cannot be considered citizens of the country”
- He thought it fit to further note that in 1947 India “should have been declared a Hindu country”, and that “our beloved Prime Minister” ought to legislate to grant automatic citizenship to (non-Muslim) religious minorities “who have come from Pakistan, Bangladesh and Afghanistan”
Basics Duties-Meaning Of Judicial Independence
- Judgement by judges should be unbiased and should not be under any political influence.
- The meaning of judicial independence in reality judges are independent from the government.
- Our Constitution is designed to ensure that judges can do their work “independent” of government influence fixed salaries, security of tenure, and an appointment process that — through the Supreme Court’s judgments — is insulated from executive control.
- Independence, however, means something more. It also requires that judges perform their constitutional role independent of personal biases, political and moral beliefs, and partisan ideologies.
- Fidelity (listening) to the law and the
- Judge should only think about the people.
- Judicial independence, therefore, depends on judges recognising that law, while being influenced by politics, is not reducible to it.
The Need Of Accountability
- Law and adjudication must remain autonomous from partisan politics in important ways.
- And the more we strengthen judicial independence in its first sense — independence from the government — the more attention we must pay for independence in this second sense
- This is because control brings with it accountability
Background -How This Crisis Deepened?
- In the 1980s, there was a rapid expansion of judicial power.
- Some of these steps were important and necessary
- Others, however, were double-edged swords
- By the 1990s and the 2000s, under the misleading label of “judicial activism”, the court was beginning to engage in a host of administrative activities, from managing welfare schemes(domain of government) to “beautifying cities” to overseeing anti-corruption initiatives
Towards ‘Executive’ Courts
- Judgments like the national anthem order, the Tirukkural (Tamil text) order (that every student in Tamil Nadu must study the Tirukkural).
- The above judgements are not in the domain of the court, they are under the Government.
- That is why we are terming them as Executive because the work of government is done Judiciary of India (checks the work of government)
- Instead of checking and limiting government power, an executive court finds itself marching in lockstep with the government, and being used to set the seal of its prestige upon more controversial parts of the government’s agenda
- Legal culture is very much required in our system.
- All three bodies (Executive, Legislative and Judicial) of our system (government) are independent. They should not interfere in each others work.
- Self accountability- constitutional reasons should be there each judgement.
- Then only the courts can be constitutional courts and not the administrative ones.
- The only check possible in the exercise of powers by the judiciary is the self-imposed discipline and self-restraint by the judiciary itself.
- The faith and confidence of people in the judiciary must always be maintained. The judiciary must provide accessible, affordable and quick justice to the people.
Additional info-Indian Judicial System
- India urgently needs the return of a thriving legal culture that uncompromisingly calls out political posturing. Critically examine the statement.