← All questionsGS2 · 2014 · Polity & Constitution ·Judicial Activism and Democracy
MAINS 2014
GS2
12.5 marks

Starting from inventing the basic structure doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

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9 min
200 words

What the examiner wants

Evaluate how judicial activism, beginning with the basic structure doctrine, has advanced democratic ideals.

EvaluateWeigh what works and what does not, and say how far it succeeds.

Demand-wise check

  1. 1Protecting the Constitution: basic structure (Kesavananda 1973), limits on amending power≈35 words
  2. 2Expanding rights: Maneka Gandhi (1978) due process, Art 21 expansion, PIL and relaxed locus standi≈35 words
  3. 3Electoral and institutional integrity: candidate disclosures (2002), NOTA (2013), electoral bonds struck down (2024), CBI autonomy (Vineet Narain 1997)≈35 words
  4. 4Limits: overreach (governance by courts), separation of powers, NJAC strike-down, pendency, accountability concerns≈35 words

Open in about 30 words and close in about 30.

Answer plan

Basic structure originRights expansionDemocratic integrityCriticismsBalanced verdict

Where marks usually go

  • Only praising the judiciary without evaluating overreach
  • Listing cases without stating what each did for democracy

Draw this

  • Timeline: Kesavananda 1973 → Maneka 1978 → S.P. Gupta 1981 (PIL) → ADR 2002 → NOTA 2013 → electoral bonds 2024

Value addition

  • CaseUnion of India v ADR (2002) required candidates to disclose criminal, financial and educational background.Supreme Court, 2002
  • CaseADR v Union of India (February 2024) struck down the electoral bond scheme for violating voters' right to information.Supreme Court, 2024

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