AH

ADITYA HRIDAY UPADHYAYAIR 154· 2025

Question Q.12GS2GS2

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.

Open scan (p.26)

Introduction

Article 50 of Constitution envisages separation of power separating executive from judiciary. Collegium appointment Salaries charged on Consolidated Fund Status Impeachment Process.

22 words

Main Body

Independent Judiciary leads to thriving polity:

1Checks arbitrary laws of government violating fundamental right & basic structure s.o.t first Amendment.
2Prevent federal Disputes protect rights of States against Centre. E.g: S.R. Bommai Case.
2Held government accountable on policymaking by Judicial Activism. E.g: Delhi Pollution, COVID-19 Management.
3Ensures religious reform while maintaining principle of secularism which executive wants to de due to political fear. E.g: Triple Talaq, Sabrimala.

How Executive Encroachment erode credibility and efficacy:

1In ADM Jabalpur case, Executive pressure led to compromised judgment by judiciary.
2Leads to growth of Aports system and Compromised judgment by Affairs. E.g: US judgment in Idaho vs Leach.
3Tribunals formation: Denies in Jurisdiction and Settlement of disputes by vested judicial by same Kunwar Vi UOI.

Why executive involved called:

Deceive pending Access: S.C over Cases by sharing burden by Internals

Sheddy Justice Dissent Prudent Judicial Evaluability in name of NYAC

Judiciary independent is critical to well functioning polity, Executive involvement in jindiiary should be limited to mixed issue and had Complementary to jindiiary not coming to it.

— ADITYA HRIDAY UPADHYAY · AIR 154

180 words11 paragraphs

Conclusion

Public Trust in Judiciary will decrease if Judiciary delivers judgment favouring government.

12 words

Diagram

A diagram showing Independent Judiciary structure with branches showing: Collegium appointment, Salaries charged on Consolidated Fund, Status Impeachment Process; and underneath showing No best Testament Appointment, Short Impeachment Process

Examiner score
0.9/10

Open original scan

Page 26

Steal this copy's techniques PremiumAI pulls out the reusable moves — pick the ones you want as flashcards
Compare my answer PremiumSee where this topper beats you

Topper

ADITYA HRIDAY UPADHYAY

AIR 1542025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Judicial Independence and Executive Encroachment

Writing Stats

214

Total words

11

Paragraphs

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?

20M2024Explain