SR

SRIGIRI RAJUAIR 125· 2025

Question Q.8 (Continuation)GS2GS2

How to tackle undertrial prisoner issues and judicial backlog.

Open scan (p.18)

Main Body

How to Tackle: ODR - ADR - Alternate Dispute Resolution mechanism can reduce case burden and courts can prioritise, specifically on pending case. Dedicated Bail Laws. Recent Sedition case, UNPA's brought bail into focus, where 'presumption of innocence' is skewed against the suspects. According to Article 22 - punitive detention is bound to produce the candidate in court within 24 hours; what if he is not produced? Then bail becomes an implied right till the opportunity to produce the suspect asises. However, pending clearance, sensitization of police force (only 3% receive on field training) coupled with a dedicated bail law can facilitate that undertrial pacification and make democratic legal system already.

— SRIGIRI RAJU · AIR 125

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Topper

SRIGIRI RAJU

AIR 1252025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Dispute Redressal Mechanisms

Solutions for Undertrial Prisoners - ODR, ADR, Bail Laws

Writing Stats

111

Total words

1

Paragraphs

prescriptive

Tone

Linked PYQ

Seema is a senior bureaucrat with a reputation of honesty and professional efficiency. She has recently been posted as the District Collector (DC) to Surinder Nagar, where a large industrial area is being established. The new industrial area had caused many farmers to submit applications for change of land use (CLU) to convert their farmlands into residential areas. There is an unusually large backlog of these applications awaiting processing. Seema noticed that some applications had been approved selectively with no visible chronological pattern. The case files showed a few complaints of some approvals being subject to receipt of large bribes from the applicants. On further fact-finding, Seema realized that a small group of touts was controlling this illegal activity through some subordinate officials in the Collectorate. This had created a fear in the other employees who were reluctant to process any application. The resultant backlog has been piling up thereby hindering local economic progress and causing public dissatisfaction. Seema was faced with a major moral and administrative challenge of dismantling this corruption network without hampering daily administrative operations. An aggressive internal investigation would result in institutional resistance and, possibly, a backlash from labour unions. Conversely, ignoring this situation would encourage the wrongdoers and unnecessarily continue this avoidable harassment to the populace. (a) What are the ethical issues involved in this case? (b) Discuss the options open to Seema. Identify the recommended option and justify it.

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