Question 3 · 373 words written
Opening · a restatement
Judiciary acts as the suprem body that upholds the constitution and safeguard public right of freedom of religion.
Supreme court and various high court have upheld the freedom of religion and navigate tension.
Body · points and prose
c) promoting equality in Sabrimala case the SC upheld that right to equality [Art 14] is superior than Art 21
d) promoted inclusivity and welfare of vulnerable group.
e) Shah Bano case the SC upheld that right and dignity of women against talaq.
iii) used doctrine of essentiality
to judge between conflicting law [Shirur Mutt Case]
a) upheld wearing of [turban]
by sikh as it comes under essential practice.
b) banning of [Hijab] upheld as it does not form the essential condition in Muslim law.
c) upheld the [greater good]
e) in convent school to maintain public order and right of minority institution - banned Hijab → for [uniform]
iv) [has struck down discriminatory practice]
e) triple talaq, sati, [challenging] overreaching to religion rights (id no codification of laws.
Judiciary time and again has upheld the balance between Constitution morality & Right of Religion
Montesque envisioned the separation of power between the 3 organ of governace ie Judiciary, Executive and Legislation.
| Indian System | American System |
|---|---|
| FEDERALISM | |
| (1) does not follow water tight separation of power betwe state - centre (Quasi-Federal) | (1) Follow strict separation of power |
| → true federalism | |
| Judiciary | |
| Indian judiciary is integrated. | US Judiciary is seperated at centre and state |
| Executive | |
| (6) the executive are under the check and balance of legislat. | President is no-answerable to the parliament |
India is a union of destructible state
USA- union of indestructible st.
Judiciary- can under judicial rev. check any legislat. but not in military action
Judiciary is indepent body that can check:
- legislat.
- military
- criminal
- Amendme
Advantage of check and Balance
i) maintain harmony between the 3 organ.
ii) Judicial review [Article 13]
uphold the constitution [Article 40]
separation between Judiciary and executiv
iii) the rights of the citizen is safeguarded.
Close · a summary
[44th AA - Article 21, 22]
Here check and Balance help in promotion of vibrant democracy and prevent concentration of power in one place