QUESTION 1
GS2
10 marks
Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.
WRITE IN
7 min
150 words
What the examiner wants
Comment on why constitutionally guaranteed judicial independence is essential for democracy, and where it is under strain.
CommentGive your own view on the statement and back it with facts and examples.
Demand-wise check
- 1Constitutional guarantees: security of tenure (Article 124(4)), salaries charged on the Consolidated Fund, bar on discussing judges' conduct, contempt power, separation (Article 50)≈35 words
- 2Why it is a prerequisite: rule of law, protection of rights, check on majorities, federal umpire≈35 words
- 3Challenges: appointments, post-retirement jobs, vacancies, transfers≈35 words
Open in about 20 words and close in about 20.
Answer plan
ThesisGuaranteesDemocratic functionsChallengesReformsConclusion
Where marks usually go
- Listing guarantees without linking them to democracy
- Not mentioning the collegium or NJAC judgment
Draw this
- Pillar diagram: guarantees supporting democracy
Value addition
- Case lawSupreme Court Advocates-on-Record Association v. Union of India (2015) struck down the NJAC, calling judicial primacy in appointments part of the basic structure.Supreme Court of India, 2015
- ArticleArticle 50 directs the State to separate the judiciary from the executive.Constitution of India
Next: plan for one minute, write it in 7 minutes, then get it checked.