UPSC Mains 2014 · GS II · Q1 · 12.5 marks · 200 words

Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

हिन्दी में

'आधारिक संरचना' के सिद्धांत से प्रारंभ करते हुए, न्यायपालिका ने यह सुनिश्चित करने के लिए कि भारत एक उन्नतिशील लोकतंत्र के रूप में विकसित करे, एक उच्चतः अग्रलक्षी (प्रोऐक्टिव) भूमिका निभाई है। इस कथन के प्रकाश में, लोकतंत्र के आदर्शों की प्राप्ति के लिए, हाल के समय में 'न्यायिक सक्रियतावाद' द्वारा निभाई भूमिका का मूल्यांकन कीजिये।

How a topper answered the closest question

Toppers wrote this one in a test series: “Judicial activism is an assertive and proactive role played by the judiciary to fill the vacuum created by other organs of the state. Discuss with examples, while highlighting the potential tensions it creates.”

Madhav Agarawal257 wordsTheir whole copy

Opening · a definition

Judicial activism is the assertive & proactive role played by the courts to fill the vacuum created by other organs. The main source of this power is from PIL (Justice Bhagwati).

Persistent Legislative Dysfunction:

Body · points and prose

-> House disruption and political walkouts. -> Poor quality debate: As per PRS, Half Bills of 17th LS passed in two hours. -> Reduced Attendance & duration: | 1950 | Current | | ~120 days | ~70 days. |

Hence judicial intervention became key.

(1) Securing gender parity in laws: (g): X v/s Govt brought medical termination of pregnancy open to all girls (unmarried too).

(2) Check working of investigation bodies: (g): CBI functioning overseen in Lodha Case.

(3) Bringing structural reforms: (g): Prakash Singh case: 2yrs tenure for DGP; State Security Commission, etc.

(4) Keeping governance neutral: (g): Civil Service Board as per TSR Subramanian case.

(5) Rights for common man: (g): Right to food as per PUCL case to tackle hunger & malnutrition.

But this often creates tensions too:

(1) Judiciary does not enjoy people mandate unlike Executive.

(2) Judiciary not competent to deliberate and deliver pronouncements (g): took backseat in same sex marriage case

(3) Can lead to judicial overreach: (g): Delhi crackers case, National Anthem Case (Shyam Narayan Chouksey)

(4) Breaches Separation of Power (Article 50)

Close · a way forward

Need for the hour is to have quality debates in parliament via R&D support to MPs (via US Congressional Service model).

At same time Judicial activism can be a medicine not a daily bread thus need to respect 'Marayada' of SoP.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2014, General Studies Paper II, Q1. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.