“Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.
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8 questions on Separation of Powers from GS-II. Practice answer writing organized by UPSC syllabus subtopics.
8
Questions
2
Subtopics
7
Years
Separation of powers between various organs, dispute redressal mechanisms and institutions.
Number of questions asked each year
“Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.
Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.
How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.
Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed?
What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.
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.
Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.
8 questions on Separation of Powers have appeared in GS-II from 2013 to 2023.
The UPSC syllabus subtopics under Separation of Powers include: Separation of powers between various organs (5 questions); Dispute redressal mechanisms and institutions (3 questions).
In the most recent years: 2023 (1 questions), 2020 (1 questions), 2019 (1 questions). This shows Separation of Powers remains a consistently important topic for GS-II.
Focus on high-frequency subtopics: Separation of powers between various organs, Dispute redressal mechanisms and institutions. Practice answer writing with previous year questions.