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?

  The judicial system in India plays a very important function. The final bastion of hope for the average person is the judiciary. In that regard, who sits on the benches of judges is extremely important. Background: The Collegium System ..

Topics: GS-II: Separation of Powers Dispute Resolution Mechanisms • GS-II: Various Issues Related to Executive Judiciary in India

While the political decentralization in India has been fairly successful, it faces several hurdles at fiscal and administrative fronts. Comment.

The constitution envisages decentralization through division of fiscal, political and administrative powers between different tiers of government. Political decentralization: The incursions by the centre, into the legislative domain of the states are quite less. The dismissal of elected state governments ..

Topics: GS-II: Major Issues Pertaining to Federal Structure • GS-II: Separation of Powers Dispute Resolution Mechanisms

Enumerate the provisions within the institutional architecture of India to resolve inter-state disputes. Assess their effectiveness.

The institutional architecture in India to settle inter-state disputes includes the interstate council, the NITI Aayog and the Supreme Court. Inter-State Council: It is a constitutional body established under article 263, thus well-placed to settle disputes. It has solved over ..

Topics: GS-II: Major Issues Pertaining to Federal Structure • GS-II: Separation of Powers Dispute Resolution Mechanisms

Highlight the indispensability of the doctrine of separation of powers for a democracy. Elucidate the principle of ‘checks and balances’ and discuss it in context of India.

Doctrine of separation of powers is integral to any democratic setup. Ensures proper checks and balances. Prevents tyranny of the executive. Ensure sanctity of constitution and fundamental rights. Provides avenues for citizens who have been wronged by any organ of ..

Topics: GS-II: Basic Structure Doctrine • GS-II: Separation of Powers Dispute Resolution Mechanisms

In a right institutional setup, the judicial decision-making is not affected by post-retirement appointments. Comment.

An independent and impartial judiciary is sine-quo-non for a democracy. Article 124(7) of the constitution debars a judge from pleading before any court/tribunal post retirement. Rationale behind it: Prevent quid-pro-quo, i.e. give and take between executive and judiciary. Ensure impartial ..

Topics: GS-II: Separation of Powers Dispute Resolution Mechanisms • GS-II: Various Issues Related to Executive Judiciary in India • GS-II: Constitutional Statutory Regulatory and Quasi Judicial Bodies

Explain the doctrine of neutrality and its significance in context of the constitutional offices in India.

The doctrine of neutrality implies that the holder of a public office should behave with the attitude of formalistic impartiality and without malice to anyone. E.g. A judge should remain oblivious to his kinship ties in pronouncing a judgement. Key ..

Topics: GS-II: Functions and Responsibilities of the Union and the States • GS-II: Separation of Powers Dispute Resolution Mechanisms • GS-II: Important Aspects of Governance Transparency and Accountability Citizen Charters