Question 1 · 10 marks · 159 words written
Opening · a definition
Under A.142 of the Constitution the Supreme Court is empowered to issue any order or decree, that is necessary to do justice to all sections of the society. It is also empowered to offer punishment for the contempt of the court.
The vast powers under this provision ensures: However, with unfettered use of the provision of "punishment for the contempt of court" has muzzled meaningful debates and constructive criticisms of the judiciary.
The Judiciary has also interpreted the provision in its widest meaning, and therefore, has encroached upon the territory of legislature and Executive.
For eg. a recent case of the Supreme Court 'diluting' the provisions of the Prevention of Atrocities Act, 1989.
Body · points and prose
, has encroached upon the territory of legislature and Executive.
For eg. a recent case of the Supreme Court 'diluting' the provisions of the Prevention of Atrocities Act, 1989.
Need for Checks & Balances: • to have separation of power in letter and spirit • to create a vibrant, participatory and progressive democracy.
Close · a way forward
Given a lot of the unclear and ambiguous provisions in the Constitution, it is necessary that effective checks & Balances be instituted.