Question Q.11GS2GS2

Although upholding the spirit of the Constitution through judicial activism is noble in its intent, in practice it runs the risk of undermining the delicate balance of power that the Constitution sought to achieve. Critically examine.

Main Body

Judiciary, a crucial spoke of the Indian Republic, is the guarantor of rights and promulgator of Rule of Law. Constitutionally spirited activism: - Intent for + Suomoto = activism for change - (Suo Moto Judicial Petitions initiable) 1) Facilitates constitutional morality a true meaning of justice via Article 142. 2) Related loose standing for aiding public interest a Bhagwati's PIL mechanics for individuals' rights. 3) Going the 'extra mile' for effecting equal perception of law. 4) Protection against arbitrary action of the state a Champakam Dorairajan land case.

5Persuading government to uphold freedom and equality a Union's role in declaring rights for LGBTQIA + community 6) Safeguarding constitutional terms in federal dispensation a Verdict on Tamil Nadu's Bill hastier of gubernatorial office. 7) Provision of executive accountability in fear of judicial tear down a Codgate team However, an overreach of sorts, into other organs functionality is alleged, this violating Montesquieu's Separation of power. 1) Judicial Legislation a Place of worship Act, opened to all perspectives by SC

2Executive action and rule-making by judiciary, instead of directive to state. a disabled people's rights and rules for adversarial. 3) Expansion of rights, without parliament lay approval a Article 21 and 19 4) Undermining Parliament's sovereignty by bringing exclusive powers under TDP. a Delimitation, now under judicial review. [Head diagram] complement judicial | legislative and | enforcement mechanism ambiet | executive moral | ambience (convergence of communication) | sustain tasking Convergence of communication and well per constitutional design. Judicial pro-activism, balanced on constitutional principles, can yield beyond mere pedantic legalism.

— ZINNIA AURORA · AIR 6

259 words1 paragraphs

Conclusion

Judicial pro-activism, balanced on constitutional principles, can yield beyond mere pedantic legalism.

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ZINNIA AURORA

AIR 62025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Separation of Powers

Judicial Activism

Writing Stats

271

Total words

Paragraphs

analytical

Tone

Linked PYQ

There is a technological company named ABC Incorporated which is the second largest worldwide, situated in the Third World. You are the Chief Executive Officer and the majority shareholder of this company. The fast technological improvements have raised worries among environmental activists, regulatory authorities, and the general public over the sustainability of this scenario. You confront substantial issues about the business’s environmental footprint. In 2023, your organization had a significant increase of 48% in greenhouse gas emissions compared to the levels recorded in 2019. The significant rise in energy consumption is mainly due to the surging energy requirements of your data centers, fuelled by the exponential expansion of Artificial Intelligence (AI). AI-powered services need much more computational resources and electrical energy compared to conventional online activities, notwithstanding their notable gains. The technology’s proliferation has led to a growing concern over the environmental repercussions, resulting in an increase in warnings. AI models, especially those used in extensive machine learning and data processing, exhibit much greater energy consumption than conventional computer tasks, with an exponential increase. Although there is already a commitment and goal to achieve net zero emissions by 2030, the challenge of lowering emissions seems overwhelming as the integration of AI continues to increase. To achieve this goal, substantial investments in renewable energy use would be necessary. The difficulty is exacerbated by the competitive environment of the technology sector, where rapid innovation is essential for preserving market standing and shareholders’ worth. To achieve a balance between innovation, profitability and sustainability, a strategic move is necessary that is in line with both, business objectives and ethical obligations. (a) What is your immediate response to the challenges posed in the above case? (b) Discuss the ethical issues involved in the above case. (c) Your company has been identified to be penalized by technological giants. What logical and ethical arguments will you put forth convince about its necessity? (d) Being a conscience being, what measures would you adopt to maintain balance between AI innovation and environment footprint?

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