Governance and Polity-Structure, Organization and Functioning of Judiciary [IAS (Admin.) IAS Mains GS Paper 2 (Governance, Polity, Social Justice, & IR)]: Questions 11 - 14 of 15

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Question 11

Structure, Organization and Functioning of Judiciary
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Describe in Detail

Essay▾

In India, the process of removing a judge – if found guilty of corruption or judicial impropriety – is too elaborate and somewhat cumbersome. Comment on the existing procedure and suggest reforms. (250 Words)

Explanation

Background:

With an in-house committee concluding that a judge of the Allahabad High Court had committed judicial impropriety serious enough to warrant his removal, the subject of corruption in the higher judiciary is in the news.

Existing Procedure:

  • The Constitution of India, through Article 124 (4) empowers the parliament to initiate the process of …

… (684 more words) …

Question 12

Structure, Organization and Functioning of Judiciary
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Describe in Detail

Essay▾

All the states in India are justified and constitutionally empowered to adopt their own flag to uphold the pride of their State without infringing the law. Comment. (250 Words)

Explanation

Background:

of late, the demand for a state flag has been gaining traction in This raised the debate whether states are allowed to have a separate flag or not.

No Issue:

  • Under the Constitution, a flag is not enumerated in the Seventh Schedule. It is clear that there is no prohibition under the Constitution to hoist any flag other than the national fla…

… (452 more words) …

Question 13

Structure, Organization and Functioning of Judiciary
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Describe in Detail

Essay▾

What are the main features of India՚s anti-defection law? Also examine interpretations and recommendations made by the courts and committees on the law. Do you think, instead of the Speaker, the decision on defections should be decided by an external neutral body such as the Election Commission? Comment. (250 Words)

Explanation

Background:

The main intent of the law was to combat “the evil of political defections” . However, over the years there have been criticisms over the disqualifications and several issues in relation to the working of this law which need to be discussed.

Features of Anti-Defection Law:

Disqualification:

If a member of a house belonging to a political pa…

… (759 more words) …

Question 14

Structure, Organization and Functioning of Judiciary
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Describe in Detail

Essay▾

Although there can scarcely be any argument against the Chief Justice of India being the master of the roster as a tenet of judicial discipline, it would be naive to consider it an absolute principle of justice delivery. In the light of recent controversy involving the Supreme Court judges, discuss critically. (150 Words)

Explanation

Introduction:

  • Recently a five-judge Constitution Bench of the Supreme Court led by the Chief Justice of India, in a case concerning corruption arising out of certain judicial proceedings, declared that the Chief Justice is the master of the roster with the sole prerogative to determine which Bench of judges gets to hear which cases.
  • This is the custo…

… (368 more words) …

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