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Title: An illustrative case

Issue: Due process of law

Syllabus: General Studies-II - Indian Polity and Constitution - Judiciary

Context: The way the Supreme Court of India would deal with the allegations made on the Chief justice of India will illustrate its commitment to upholding due process of law

Highlights

  1. The Supreme Court of India derives its legitimacy in society through:
  • Following fair procedure
  • Due reasoning
  • Trust that people place on the institution
  1. Some of the decisions taken by the court in this sexual harassment allegation case appear to erode such legitimacy. Example: Chief justice appointing a bench for a case in which he himself concerned. Such actions are neither fair to the victim and also violates the principles of natural justice, the statements made by the Registrar general also prevents the fair trial process which is accorded by right to the victim
  2. What needs to be done? The Supreme Court of India should check arbitrariness that it has showed in this case so far and ensure that it subjects itself to the highest level of constitution values enshrined in Indian constitution

Takeaway point: Justice not only needs to be done but also should appear to be done. Failure to do so will erode the trust and legitimacy of the judiciary in a democracy.

Keywords: Judicial Review Supreme Court Rule of Law
 

# Previous UPSC Question Marks Year
1 How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India. (15) 2018
2 Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (150 words) 2017
3 What is meant by Judicial Activism? Evaluate its role in the context of the functioning of Indian Polity. (250 words) 15 marks 2008
4 Is the High Courts’ power to issue ‘writs’ wider than that of the Supreme Court of India? (150 words) 2006
5 Is it possible to distinguish between judicial review and judicial activism in India? Does the recent behavior of the Indian judiciary partake more of judicial activism? Argue with suitable example. (250 words) 2005
6 What is the position of the Supreme Court under the Constitution of India? How far does it play its role as guardian of the Constitution? (150 words) 2002
7 Explain Public Interest Litigation. Who can file it and on what basis can it be rejected by the Court of Law? (150 words) 2000
8 Present your views for and against the creation of an All India Judicial Service 150 words 1997
9 What is meant by ‘Judicial Activism’ Evaluate its role in reducing corruption in public life. 150 Words 1996
10 What is the position of the Supreme Court under the Constitution of India? Discuss its role as a guardian of the Constitution (About 250 words) 1995
11 Explain the significance of the April 1994 Supreme Court judgement on the proclamation of President's rule. (150 Words) 1994
12 What was the magnitude of the Bhopal Gas Tragedy and what were the salient features of the Supreme Court verdict on the Bhopal as Tragedy? (150 Words) 1991

Currently there are no previous questions available.