HS

HARSH SANTOSH LODHAAIR 261· 2025

Question Q12GS2GS2

Independent judiciary, as envisaged by the constitution, provides the bedrock for a thriving polity; however, executive encroachment may erode its credibility and affect its efficacy. Evaluate.

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Main Body

Judicial independence is part of basic structure doctrine of Indian constitution highlighting its importance.

Bedrock for thriving polity

1Justice to all and in efficient manner by principle of natural justice is affirms to A14 of Constitution.
2Deterrence for nuisance creating elements in society. Is fast-track courts under POCSO.
3Objective and non-partisan decision making without bias. Is ABV cases where government party is independence crucial.

Executive encroachment erode it

(A) Erode credibility

1Reduce trust of people in judiciary as guardian of their FR tn. Corruption nexus of Justice Soumitra sen.
2Judicial appointment process opaque thus affecting credibility
3Tribunalisation of justice affecting credibility of courts.

(B) Affect efficacy

1Dependence on executive and thus partisan decisions.
2Role as 'guardian of constitution' affected.
3Separation of Powers principle (ASPO) hampered.

Need of the hour is to balance judicial autonomy and judicial accountability to ensure balance in judicial functioning.

— HARSH SANTOSH LODHA · AIR 261

152 words4 paragraphs

Conclusion

Need of the hour is to balance judicial autonomy and judicial accountability to ensure balance in judicial functioning.

18 words

Examiner score
1.1/10

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Topper

HARSH SANTOSH LODHA

AIR 2612025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Judicial Independence and Executive Encroachment

Writing Stats

170

Total words

4

Paragraphs

analytical

Tone

Linked PYQ

With multipronged strategy of the Central and State Governments specially in the last few years, the naxalite problem has been resolved to a large extent in the affected states of the country. However, there are a few pockets in certain states where naxalite problem still persists, mainly due to involvement of foreign countries. Rohit is posted as SP (Special Operations) for the last one year, in one of the districts which is still affected by the naxalite problem. The district administration has taken a lot of developmental works in the recent past in the naxalite affected areas to win the hearts and minds of the people. Over a period of time, Rohit has established an excellent intelligence network to get the real time information regarding the movement of naxalite cadre. To instill confidence in the public and have moral ascendancy over the naxalites, a number of cordons and search operations are being conducted by the police. Rohit, who himself was leading one of the contingents got a message though his intelligence source that about ten hard core naxalites were hiding in a particular village with sophisticated weapons. Without wasting any time, Rohit reached the target village with his team and laid out a foolproof cordon and started carrying out a systematic search. During the search, his team managed to overpower all the naxalites along with their automatic weapons. However, in the meantime, more than five hundred tribal women surrounded the village and started marching towards the target house. They were shouting and demanding the immediate release of insurgents since they are their protectors and saviours. The situation on the ground was becoming very critical as the tribal women were extremely agitated and aggressive. Rohit tried to contact his superior officer, IG (Special Operations) of the state on the radio set and on mobile phone, but failed to do so due to poor connectivity Rohit was in great dilemma since out of the naxalites apprehended, two were not only hard core top insurgents with prize money of & ten lakhs on their heads, but were also involved in a recent ambush on the security forces. However, if he did not release the naxalites, the situation could get out of control since the tribal women were aggressively charging towards them. In that case, to control the situation Rohit might have to resort to firing which may lead to valuable loss of lives _of civilians and would further complicate the situation. (a)What are the options available with Rohit to cope with the situation? (b)What are the ethical dilemmas being faced by Rohit ? (c)Which of the options, do you think, would be more appropriate for Rohit to adopt and why? (d)In the present situation, what are the extra precautionary measures to be taken by the police in dealing with women protesters?

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