Question Q.13GS2GS2

In the context of persistent legislative dysfunction in India, analyze the evolving role of judicial activism in shaping public policy and governance. Using examples from landmark court cases, evaluate the effectiveness of judicial interventions in addressing governance gaps and safeguarding citizens' rights.

Main Body

The 3 wings of state operate together with stored principles of national interest, but due to laxity on the legislatures part judiciary has stepped in. Persistent legislative dysfunction: Reduced number of days of parliamentary sitting (100 per year) - unscheduled disruptions → no debate discussion on 3 days (farm bills rushed) → Parliamentary Committees no longer referred to for bills Obstructive role of Ordinance: i Shaping public policy ii Farm Bills stayed → Notify Govt to eventually repeal

2Governance issues: Revolving Commission granted to rapists during Godhra riots case (3) Safeguarding citizens rights: S.P Vombelkar case (2012, IUSNI Ramane) - led bench play sec (24 H) Sedition ensuring citizen rights restored (4) Powers of ED to arrest arrested by SC in Navch case (5) Venue Citizens Form case - environmental proactivity → for altercation (6) Women rights: POSPL Act on Vishakha case guidelines while Judiciary has stepped in it is pertinent to ask whether such intervention has earned everywhere

1Judicial overreach: Parliament reduced to stamping pad (2) Judicial misadventures: Law of unintended consequences - Nabam Rebia case Where such interventions have ineffective: (1) State must enforce → Judiciary does not overreach every case to legal end (2) Privaloerns PIL's (Art. 32 case) SC prevented from performing primary role while SC has been the defier of citizens rights, perhaps self restraint (NRI Romane) must be balanced with Judicial enthusiasm

— Rangamanju · AIR 1

230 words1 paragraphs

Diagram

A mind map showing 'Persistent legislative dysfunction' as the central node with branches connecting to: 'Reduced number of days of parliamentary sitting (100 per year)', 'Unscheduled disruptions', and 'No debate discussion on 3 days (farm bills rushed)' and 'Parliamentary Committees no longer referred to for bills'

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Topper

Rangamanju

AIR 12024

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Judicial activism and legislative dysfunction

Writing Stats

230

Total words

Paragraphs

analytical

Tone

Linked PYQ

Q1 (e) A building project has a following time schedule Activity Time (in months) Activity Time (in months) 1-2 2 3-7 5 1-3 2 4-6 3 1-4 1 5-8 1 2-5 4 6-9 5 3-6 8 7-8 4 8-9 3 Table Supporting: IAS Mains Optional Management Paper 2 Year 2020 Draw a network and calculate: Critical path and duration Total float for each activity If the duration of activity 7 - 8 is increased to 6 months which the critical path change? If yes, what will be the new critical path?

10M2020