GS-II: Various Issues Related to Executive Judiciary in India


                                                                                                                This is a dynamic E-Book comprising the below UPSC Mains Model Questions as well as their answers written by GKToday team. The PDF E-Book can be instantly downloaded after payment. No Hadcopy is provided.
                                                                                                              1. Non-political appointments, security of tenure and rigorous procedure for removal are some of the measures which were needed to strengthen the institution of judiciary. Comment.
                                                                                                              2. What do you understand by jobless growth? What makes Indian economy prone to jobless growth?
                                                                                                              3. What is the collegium system? Discuss its evolution and criticism in detail.
                                                                                                              4. "NJAC has impinged upon independence of judiciary and the doctrine of separation of powers."Argue.
                                                                                                              5. "Article 312 of the Constitution provides for a national level judicial service, however, the plan of establishing an all India service for judicial officers is in limbo for the past five decades."Discuss the major issues around the issue while making a case for All India Judicial Services.
                                                                                                              6. “Article 142 gives the supreme court virtual license to intervene in any matter whatsoever.”Explain in the light of recent events.
                                                                                                              7. The ordinance making power was envisaged for unforeseen and sudden situations where the executive needed additional legal sanction to address the situation. However, it appears that executive has completely disregarded this requirement of necessity for immediate action. Discuss critically.
                                                                                                              8. Discuss the principles and philosophy underlying the doctrine of 'basic structure' as enunciated in Keshvananda Bharti's case. Which features of the Constitution have so far been declared as part of its basic structure by the Supreme Court?
                                                                                                              9. While throwing light upon the controversy regarding appointment of higher judiciary, critically examine the recent suggestion made by the government to appoint Search-Cum-Evaluation committee.
                                                                                                              10. To what extent, the doctrine of basic structure has established the Judicial Supremacy in the area of "amendment of the Constitution"? Explain.
                                                                                                              11. In India, the courts are criticized on the ground that they often invoke the provisions of contempt of court to punish expressions of dissent. What do you understand by the contempt of court? While highlighting the existing law on the same, critically examine if it is time to amend the law on contempt of court.|
                                                                                                              12. Justice delayed is justice denied, therefore unnecessary delay in judicial proceeding is a denial of justice. In this context, discuss how judicial backlogs can be reduced to ensure timely justice.
                                                                                                              13. How the judges of lower judiciary are selected currently across India? What is recent stance of Supreme Court on All-India common test for lower judiciary? Discuss.
                                                                                                              14. Discuss the contours and significance of the Tele Law, Nyaya Mitra and Pro Bono Legal Services initiatives launched recently to ensure greater access to affordable legal aid to marginalized communities in India.
                                                                                                              15. Critically examine the constitutional and legal provisions for transfer of judges of higher judiciary in India.
                                                                                                              16. The slow criminal justice system in India has put pressure on prisons. What are the issues associated with the Indian prisons? Also, suggest remedial measures.|
                                                                                                              17. Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014 with reference to appointment of judges in higher judiciary in India.
                                                                                                              18. To what extent do you agree with the view that the flaws in judicial appointments procedure are key reason behind the credibility crisis in higher judiciary? Discuss.
                                                                                                              19. Do you agree with the statement that the scope of judicial review in India is much broader than that of what exists in US? Critically discuss comparing the judicial review in these two countries.
                                                                                                              20. Explain the grounds and process of removal of judges of higher judiciary in India. Do you agree with the view that this process is too cumbersome to really remove improper judges from office? Critically discuss.
                                                                                                              21. What are the features of the Commercial Courts, Commercial Division and Commercial Division of High Courts (Amendment) Bill, 2018?
                                                                                                              22. It is often argued that the disturbing trends in judicial activism have become a challenge for executive to run ministries, government departments, investigation agencies and the police. Analyze the problem while suggesting measures that can be adopted to reduce tussle between government and judiciary in the country.
                                                                                                              23. "Indian judicial system is reeling under a back-breaking load of 3 Crore pending cases in various levels of the courts across the country."Suggest steps to tackle the situation.
                                                                                                              24. "While widening the scope of Judicial Review beyond constitutional boundaries, the court has usurped the powers of the executive and legislature." Discuss giving your opinion.
                                                                                                              25. Explain how the bench system works in High Courts and Supreme Court in India. Also highlight the composition and relative importance of division benches and Constitutional benches.
                                                                                                              26. Should India look at quashing death penalty?
                                                                                                              27. What do you understand by the term restorative justice?
                                                                                                              28. Indian judiciary is in dire need of reforms due to the glaring number of pendent cases. How do you think this can be checked effectively? The Indian courts are known for high case pendency. This has also had a deleterious effect on the economy and growth.
                                                                                                              29. The Delhi High Court has ruled that the Central Administrative Tribunal can exercise the same jurisdiction and powers as a High Court in respect of its contempt proceedings. Analyse the Jurisdiction of the CAT In India.
                                                                                                              30. The miracle arc of universe is long but it bends towards justice. Discuss the concerns related to the removal of judges in India and ways to reform it.
                                                                                                              31. Do you think that it is not a good idea to pass a legislation for overcoming the effects of court verdicts. Discuss this in the light of the latest Bill on reservation in Central Academic Cadre which gives relief to disadvantaged sections of society.
                                                                                                              32. The sedition law has its roots in colonial India, however, it has continued to date. Are there any valid arguments for continuing it in the 21st century in democratic India? Discuss in light of the debate surrounding it.
                                                                                                              33. The electoral Bond scheme is a step that will take away transparency and accountability from electoral funding. Critically analyze.
                                                                                                              34. While the judiciary should not remain a silent spectator in case of constitutional rights of citizens being infringed by executive policies, it must avoid assuming the role of the executive. Critically analyze.
                                                                                                              35. Throw some light on the problems that creates hurdles in effective functioning of the Gram Nyayalayas.
                                                                                                              36. While judicial governance has played an important role in engendering human rights jurisprudence and infusing accountability in the functioning of government institutions, but it often turns into judicial overreach. Comment.
                                                                                                              37. The power to punish for contempt of courts is necessary for rule of law and supremacy of law. Critically analyse.
                                                                                                              38. ‘Tribunalization’ of justice may lead to ‘Trivialization’ of justice. In this context, discuss the objectives and issues associated with tribunals. Also suggest measures.
                                                                                                              39. Throw some light on the need of a National Court of Appeal for reducing the pendency of cases and returning to the Supreme Court’s original role as final appellate court.
                                                                                                              40. Highlight the significance of the Gram Nyayalayas in providing inexpensive and speedy justice to people in rural areas. Also discuss the hurdles faced by them.
                                                                                                              41. Highlight the significance of online dispute resolution in India and how it differs from traditional court of justice.
                                                                                                              42. In a right institutional setup, the judicial decision-making is not affected by post-retirement appointments. Comment.
                                                                                                              43. Tribunals have not only failed in achieving their envisaged objectives but also creating multiple challenges in the administration of justice in India. Critically analyze.
                                                                                                              44. Discuss the relevance of accountability of Judiciary to the society, while remaining conscious of the constitutional organisation of the government.
                                                                                                              45. Throw some light on the importance of alternate dispute resolution (ADR) mechanisms and its types available in India. Suggest measures to further improve it.
                                                                                                              46. In the light of inefficiencies of the current judicial system, examine the need for putting in place an All India Judicial Service.
                                                                                                              47. Give arguments regarding the issue of bringing judiciary under the ambit of RTI.
                                                                                                              48. The problems from which the judiciary is suffering, are being replicated with tribunals too, along with few other added problems. Analyze.
                                                                                                              49. Critically analyze the practice of setting up fast-track courts to reduce pendency of cases in the judiciary.
                                                                                                              50. The lower judiciary in India is plagued by various challenges which directly impacts its productivity. Discuss and suggest some remedial measures.
                                                                                                              51. Fair and speedy trial is as important as conviction of the guilty and acquittal of the innocent. In the light of this statement, discuss the reasons behind the large number of undertrials in India and measures taken to ameliorate the issues faced by them.
                                                                                                              52. The NGT is a unique institution with a role going beyond mere adjudication and having a capacity to provide redressal for environmental exigencies. Analyze.
                                                                                                              53. Comment on death penalty in India. Give arguments in favour of and against continuing death penalty in present era.
                                                                                                              54. The Karnataka High Court recently called upon the Law Commission of India to reconsider the criteria for age of consent. Discuss the need for this reconsideration.
                                                                                                              55. In view of the recent critique of the collegium system, comment on the differences between the collegium system and the now-scrapped NJAC system. What is the way ahead for the Indian judiciary?
                                                                                                              56. Disclaimer: These questions have been written and answered by GKToday team over the period of time; and have included some previous years questions also. While every effort was made to ensure that these questions as well as their answers remain relevent and correct, it is possible, that some facts or context in some questions might have changed over time. GKToday does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by such change of facts or context in the questions and answers of this E-book.

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