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Note4Students

Debate of patriotism and nationalism gained traction after the judgment of the SC .Critics argued that nationalism is an intrinsic value of behaviour which cannot be enforced through judgements. And such enforcements will not be able to instil the patriotic feeling in the mind of people. So, in the larger perspective, this discussion tries to understand the basic principles of fundamental duties and intrinsic mind set of the people in the light of SC order .

Introduction

1. The Supreme Court directed that all the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem..
2. Dipak Misra and Amitava Roy had passed the order while hearing a petition referring to the provisions in the Preventions of Insults of National Honour Act, 1971.
3. Supreme Court referred to clause (a) of Article 51(A), Fundamental Duties, occurring in Part IVA of the Constitution, which reads as follows:

Analysis

DIRECTIVES OF SUPREME COURT

1. There shall be no commercial exploitation to give financial advantage or any kind of benefit
2. There shall not be dramatization of the National Anthem and it should not be included as a part of any variety show. It is because when the National Anthem is sung or played it is imperative on the part of every one present to show due respect and honour.
3. National Anthem or a part of it shall not be printed on any object and also never be displayed in such a manner at such places which may be disgraceful to its status and tantamount to disrespect. It is because when the National Anthem is sung, the concept of protocol associated with it has its inherent roots in National identity, National integrity and Constitutional Patriotism.
4. All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem.
5. Prior to the National Anthem is played or sung in the cinema hall on the screen, the entry and exit doors shall remain closed so that no one can create any kind of disturbance which will amount to disrespect to the National Anthem. After the National Anthem is played or sung, the doors can be opened.
6. When the National Anthem shall be played in the Cinema Halls, it shall be with the National Flag on the screen.
7. The abridged version of the National Anthem made by any one for whatever reason shall not be played or displayed.

Arguments for National Anthem

1. It is clear as crystal that it is the sacred obligation of every citizen to abide by the ideals engrafted in the Constitution. And one such ideal is to show respect for the National Anthem and the National Flag.
2. Constitutional patriotism: The court noted that a time has come, the citizens of the country must realize that they live in a nation and are duty bound to show respect to National Anthem which is the symbol of the Constitutional Patriotism and inherent national quality.
3. It does not allow any different notion or the perception of individual rights that have individually thought of have no space. The idea is constitutionally impermissible
4. The moral values and the national pride is not the obligation of only the armed forces, this is the fundamental duty of all citizens. The Children in the country should be taught lessons in nationalism and patriotism right from the beginning.
5. Infusion of national values: Right from childhood we should inculcate in the minds of our children respect to the great National symbols. If the nation doesn’t exist, we don’t exist. These symbols are the symbols of sovereignty and honour of the nation. Every citizen has the right to uphold it and respect it and that is the reason it has been mentioned in the constitution under Article 51A.

Criticism

1. Past experience: It was mandatory for cinema halls to play the national anthem after every movie in the 1960s after the Indo-China war. And since it was played after the movie, it was a common sight to see people start leaving the theatre while the national anthem was playing, and so the practice was slowly discontinued.
2. The ushers in cinema halls tell us that if the practice is started again, it will again lead to chaos and confusion
3. Understanding the real problem: If the younger generation has been oblivious about national symbols then the fault lies elsewhere. This problem can’t be solved by insisting in cinema theatres to sing National Anthem.
4. One can’t say if we don’t play National Anthem in the cinema theatres we will become less patriotic or less nationalistic.
5. There is no empirical evidence to show that people have become less nationalistic or less patriotic. Whenever nation faces a crisis people rise as one man and defends the nation as we have seen in these many years. This shows people are patriotic.
6. Judicial overreach: This is the domain of the executive and the legislature and not of the Supreme Court. Critics pointed towards the judicial overreach of apex court.
7. The question remains is what if a person can’t stand due to some disabilities.
8. Under Article 142 the Supreme Court decrees and orders are enforceable throughout the country but those are in respect of a cause or matter which comes up for the Supreme Court. There are doubts whether this particular order comes under that category.
9. People have inherent feeling and respect for national symbols, that’s the reasons people spontaneously stand up whenever National Anthem is sung. No one should be enforced or compelled to do that and respect should come within.
10. The Supreme Court used an expression “Constitutional Patriotism” but patriotism cannot be constitutional.
11. Compulsion from an outside source will create certain feelings and adverse reaction which is not good.
12. Our founding fathers of constitution were aware and that is why they also observed that the respect for the nation and its symbols should not be enforced by the state.

Way forward

1. Opinions of people should be taken into account.
2. When national anthem is forced down on millions of people, like this, it detracts from the specialty of the anthem.
3. If court believes that the nationalism is dwindling among the people, SC should direct the government to take serious steps to inculcate patriotism from school level itself.

Questions

“Nationalism should not impose upon the people. It is an intrinsic value of each individual”. Analyse the statement in the light of recent SC judgement on playing national anthem in the cinema hall

 

Note4Students

The proposal for establishment of NCA has been discussed over quite period of time. You need to study what are all aspects of the issue.

Context

The Centre and the Supreme Court have been deliberating on establishment of Courts of Appeal from quite some time.

What is a National Court of Appeal?

1. The National Court Appeal with regional benches in Chennai, Mumbai and Kolkata is meant to act as final court of justice in dealing with appeals from the decisions of the High Courts and tribunals within their region in civil, criminal, labour and revenue matters.
2. In such a scenario, the Supreme Court of India situated in Delhi would only hear matters of constitutional law and public law.

Why is there a need for NCA?

Burdening of SC by regular cases:

1. Due to SC being burdened by regular matters like bail pleas, dishonoured cheques, traffic violations, etc. reduce court’s efficiency, it is not able to perform its real mandate of a Constitutional Court.

Give SC time to perform its mandate functions:

1. The setting up of a NCA would take up the Supreme Court’s appeals jurisdiction and will give Supreme Court its much wanted time to perform its mandated functions efficiently.

Increasing geographical proximity:

1. Since the Supreme Court is situated only in New Delhi, it hampers the accessibility to litigants from south India. So, there is an urgent need to establish courts like NCA with regional benches.

Reduce burden on higher judiciary:

1. NCA would help in reducing the burden by disposing the mundane cases; and it may also help in clubbing those cases which needs clarification from the Supreme Court.

Listen to appeals from high courts:

1. If a court of appeal is established, the majority of appeals from high courts can be addressed in these courts.
2. If the Supreme Court only deals with crucial cases, the process will become streamlined and will save a lot of time and expense, for both litigants and the courts.

Relieve the Supreme Court of regular civil and criminal appeals:

It would relieve the Supreme Court of the weight of hearing regular civil and criminal appeals, allowing the court to concentrate on determining only fundamental questions of constitutional importance.

Criticism of the idea

May curtail the powers of the Supreme Court:

1. It is feared that attempts like this are made by the other organs of the state to curtail the constitutional powers of the Supreme Court.

Require constitutional amendment:

1. It is held that the establishment of NCA would require an amendment in Article 130 of the Constitution which in turn would change the constitution of the Supreme Court completely.

May cost heavily on exchequer:

1. The establishment of NCA would increase the burden on the exchequer and similarly the expenses and hardships of the litigants will also increase.
2. Dilution of the Supreme Court and its aura as an apex court may not be in line with the concept of the Supreme Court envisioned by the architects of the Constitution.

What is the Supreme Court’s position on creating an NCA?

1. The Supreme Court itself, as early as in 1986, had recommended establishment of an NCA with regional Benches at Chennai, Mumbai and Kolkata to ease the burden of the Supreme Court and avoid hardship to litigants who have to come all the way to Delhi to fight their cases.
2. But subsequent Chief Justices of India were not inclined to the idea of bifurcation of judicial powers, and that of forming regional benches of the apex court.
3. In February 2016, the Supreme Court admitted Chennai lawyer V. Vasanthakumar’s petition for setting up an NCA.

What is the government’s position on the NCA?

1. The government has rejected the proposal for a National Court of Appeal with regional Benches. It has cited three grounds for rejecting the idea —
2.  As per the constitution the Supreme Court always sits in Delhi,
3. The idea of NCA was consistently opposed by the Chief Justices of India in the past,
4. An NCA would “completely change the constitution of the Supreme Court” and establishing NCA in between the High Court and the SC would be a dilution of the judiciary.

Conclusion

1. The issues concerning the Indian Judiciary as a whole are deep rooted for the NCA to offer a solution. The focus should be made to strengthen the base of judicial edifice instead of trying to alter the core structure of the judiciary.
2. The need of the hour is a more robust subordinate judiciary in the place of the feeble infrastructure to support the justice delivery system. A strong political will is needed to effect changes to ensure smooth and effective functioning of the Supreme Court rather than just making infrastructural changes.

Questions

Q.1) What is a National Court of Appeal? What are the pros and cons of having a NCA?

Q.2) Do you think idea of having a National Court of Appeal will solve the problems of Indian judiciary? What is the government’s and SC view on NCA?

Sources

http://www.thehindu.com/news/national/national-court-of-appeal-the-hindu-explains/article8532094.ece

http://indianexpress.com/article/opinion/columns/across-the-aisle-government-should-back-cji-on-idea-of-a-court-of-appeal/

http://indianexpress.com/article/india/india-news-india/judges-strength-inadequate-to-deal-with-rising-cases-sc/

http://www.livelaw.in/national-court-appeal-sc-constitution-bench-decide-plea/

http://www.financialexpress.com/industry/do-we-really-need-a-national-court-of-appeal/5254/

Note4Students

Liquor banning brings the larger debate effectiveness of single dimensioned approach to achieve a desired target. As states are losing huge amount of revenue , effectiveness of this verdict should be discussed.

Introduction

The Supreme Court has called for a complete ban on sale of liquor along national and state highways.

Supreme Court Judgement

1.All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways;

2.The prohibition contained in above shall extend to and include

i. stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority;

3. All signage’s and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways;

4.No shop for the sale of liquor shall be visible

a.from a national or state highway

b.directly accessible from a national or state highway

c.Situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway

5.All States and Union territories are mandated to strictly enforce the above directions.

6.These directions issue under Article 142 of the Constitution.

7.Later Supreme Court clarified that any such executive action would not fall foul of the law if the highway was within the city limits.

8.This allows the executive to decide if it should denotify a highway and lose central assistance needed for its upkeep and permit liquor joints to continue within 500 metres on either side.

Analysis

FACTS AND FIGURES

1. A public interest litigation petition was filed by NGO Arrive Safe in the Supreme Court,
2. nearly 1.42 lakh people were killed in road accidents every year, mainly owing to drunk driving.
3. The National Road Safety Council, which was established under the Motor Vehicles Act, 1988, had concluded at a meeting in January 2004 that liquor shops should not be given licences along the National Highways
4. This was followed up by a Road Transport and Highways Ministry’s circular to all State governments, advising them to remove liquor shops situated along the National Highways and not to issue fresh licences in 2011, 2013 and 2014.
5. The advisory drew attention to the parliamentary mandate of zero tolerance of driving under the influence of alcohol.
6. The Supreme Court also highlighted the Union government’s policy titled ‘Model Policy/taxation/act/rules for alcoholic beverages and alcohol’ issued a decade ago, which advocated a ban on liquor vends situated 220 metres from the middle of the State or National Highways.
7. Although driving under the influence of alcohol or drugs accounted for 3.3% of the total road accidents and 4.6% of the total deaths.
8. The court contended that over-speeding, the prime reason for accidents, could also occur owing to drunk driving.
9. It further said there was a tendency to under-report drunk driving as a cause of accidents and liquor was easily available on the State Highways.
10. revenue loss.: According to estimates by the Federation of Hotel and Restaurant Associations of India (FHRAI), the ban will lead to a loss of ₹2 lakh crore to the exchequer and ₹20,000 crore to the industry. It has estimated that nearly 1 lakh establishments will face the threat of closure.

Outcome of the Judgement

1. State governments face a huge loss in revenue.
2. Smaller administrative units such as Union Territories will be the worst-hit.
3. Such quirky orders have inevitably led to quirky responses.
4. The UT of Chandigarh, for instance, has declared all city roads as urban roads.
5. Puducherry, which includes enclaves such as Mahe, will find relocation of many shops impossible. They are caught between the highway and the sea.
6. Goa, a small State that depends heavily on tourism, is in a similarly difficult situation.
7. The relaxation of the liquor-free zone from 500 m to 220 m from the highways in the case of areas with a population of 20,000 or less might only partly address their concerns. More than a third of the liquor sale and consumption points will be hit.

Arguments Supporting Liquor Ban

1. Bigger lorry and trucks cause the most of highway accidents. The drivers of these vehicles are poor people, usually with lesser concern for safety issues that arise out of drunk driving. A report suggests that almost all truck and bus drivers drink and drive. Government has been trying to keep a check on issuing license to these drivers but to no effect. Ensuring that there is no availability of liquor shops on the highway could be a great measure to help them quit.
2. Distraction to those trying to quit: Recovering alcoholics are the worst. Even if these drivers try to curb the desire to drunk so as to avoid getting caught at check points and losing their license and jobs, the availability of liquor shops along the highway and their advertisement banners entice them back into the trap of death. These are tired people who do not have much expectation from life. Some of them are known to drive for days and nights on a single go. They are much easier to fall back into drinking if there is availability of liquor nearby.

ARGUMENTS AGAINST LIQUOR BAN

1. Attitude of judiciary: This judgment reflects the growing trend among judges to resort to a rather questionable form of judicial law-making.
2. Although a well-intentioned order, it is in flagrant breach of the basic constitutional principle of separation of powers between the legislature, executive and the judiciary.
3. The court may seem to believe that acting in public interest, as a guardian of people’s rights, its powers are unfettered. However, such outright overreach can prove to be highly problematic for the entire system of governance in the country.
4. Availability: People in need of liquor will arrange it .They will pay a local boy to get it from the shops after 500 meters from highway. It is not even 1 km that would bother them to make it think as a very long distance before they can fall into the habit that is usually an addiction for them.
5. Where will all the alcohols go? There are huge numbers of liquor shops along the national and state highways because they must be doing good business there. These are the people who have been protesting on the ban. They will find the illegal way to supply alcohol to the drivers. Put a ban on anything and people have natural instincts to have it more than ever.
6. Recklessness: most of the accidents on highways are a result of drunken driving but is drunker driving a result of liquor shops along the highways? Definitely, no. There are plenty of reasons why there is no reduction on drunken driving. We do not have stringent laws and whatever little we have there is no proper implementation of them.
7. Why not cancel more licenses? Unlike other developed countries there is not much done about cancelling the license of those who drink and drive. They are easily left to go with a small bribery to the officers in charge.
8. Bad roads: Highways are not in very good condition in India. There are potholes and less broad space where vehicles try overtaking each other. There aren’t enough speed checkers in most areas. Even if a person is drunk, like most lorry drivers, they are more likely to remain in their limits if they have the fear of losing their license and job but unfortunately that is not the case here.

CONCLUSION

1. Road accidents are a much bigger problem in India than it is shown to be. People die. Banning alcohol shops within 500 meters range from highway to lessen accidents is like trying to deal with a mad elephants with a string of thread. It needs bigger moves and bigger implication
2. Prohibition as a policy has had a history of failure. While binge-drinking is undoubtedly a health hazard with serious social costs, bans of the sort adopted by courts and State governments such as Bihar are counterproductive. Good intentions do not guarantee good outcomes.

Question

“Only banning of liquor in the highway will not deliver the required Outcome”. Critically analyse

Note4Students:

If lateral entry is allowed in civil services, it could be a game changing decision. The government has sought recommendations in this regard. This issue can also be linked to GS Mains paper 2 topic i.e. role of Civil service in Democracy. UPSC has asked question on Similar type of issue in Mains 2014(Domain based Civil service!).Thus CD considers this topic as highly probable topic for mains 2017.

Context

Department of Personnel & Training (DoPT) has been asked to prepare a proposition on lateral entries into civil services that deal with economy and infrastructure and prepare a broad outline of modalities for selecting private individuals for appointment in the ranks of deputy secretary, director and joint secretary.

How will it be implemented, if approved?

The shortlisting of private sector executives or social workers would be through a matrix of experience and qualification, without taking into account their existing salaries. The final selection would be done by a committee headed by the Cabinet Secretary

 Was the idea discussed ever before?

1. The idea of lateral induction is not new. It has been recommended by high level committees appointed by different governments and a plethora of think tanks.
2. The first Administrative Reforms Commission (ARC) had pointed out the need for specialization as far back as in 1965.
3. The Surinder Nath Committee and the Hota Committee also recommended the same in 2003 and 2004, respectively.
4. In 2005, the second ARC recommended an institutionalized, transparent process for lateral entry at both the Central and state levels.

Is there a need for lateral entry into Civil Services?

1. The assurance of a secure career in civil services has discouraged initiative by reducing competition in the higher echelons of government. The entry at lateral level would keep the competition alive.
2. The quasi-monopolistic hold of the career civil services on senior management position breeds complacency, inhibits innovative thinking and prevents the inflow of new ideas from outside government. Lateral entry would help to bring in new ideas from those in private sector.
3. The Baswan Committee has pointed out the huge deficit of officers. Many other reports have shown deficiencies at higher levels in governments. It is important to bring in new people. Here lateral entry would be of help.
4. IAS officers get recruited at a very young age when it is difficult to test potential administrative and judgement capabilities. Mid-career lateral entrants with proven capabilities will help bridge this deficiency.
5. The career progression in the IAS is almost automatic. Notwithstanding sporadic efforts to introduce meritocracy, very few get weeded out for poor performance. Lateral entry is necessary to push the IAS out of their comfort zone and challenge them.

Counter-arguments over Lateral Entry into Civil Services

1. The All India Services provide a unique link between the cutting edge at the field level and top policy making positions as has also been mentioned by the First Administrative Reforms Commission (ARC) and by the Sarkaria Commission. Bringing people from private sector is not welcomed.
2. The bridge between policy making and implementation, while crucial to all systems, has been of strategic significance in the Indian context, given the regional diversity of the country. Its important to maintain the uniqueness of Indian civil services.
3. The exposure and sensitivity to the country’s complex socio-political milieu and to the needs of the common man, which widespread field experience provides to these Services, may not be available in the private sector since the private sector does not have the same width and depth of exposure to this type of field experience.
4. Lateral entry only at top level policy making positions may have little impact on field level implementation, given the multiple links in the chain of command from the Union Government to a rural village.
5. There might be an issue of conflict of interest when it comes to entrants from the private sector.
6. The larger experience from such lateral entry has not been happy. Lateral entrants have struggled to fit into “the system” and understand the processes and dynamics of government decision-making. They have complained of hostility from the IAS network which, they believe, sets them up for failure.
7. “The system” of those already in service sees lateral entrants as adversaries who have made their way in, not through an open competitive examination like they have, but because of privilege and connections.
8. Once an in-house bureaucratic process is set in motion, it will become a precedent for all time and may be well be cited and manipulated by future governments at the Centre and the states to bring in people regardless of their worth.

Conclusion

1. Though an institutionalized lateral entry into civil service will help the government have the best of both youth and experience and take the system closer to the goal of “minimum government, maximum governance”, but a good system encourages and nurtures talent from within instead of seeking to induct leadership from outside.
2. The remedy to deficiencies in Indian civil services lies not through lateral induction but through more rigorous performance appraisal and improved personnel management.
3. Entrusting the job of selection to a body supervised by a speacialised agency like the Union Public Service Commission would be the only alternative to ensure that merit is the sole criteria and no scope exists for preferential induction on grounds of region, community or ideological allegiance.

Sources:

http://www.livemint.com/Opinion/w9IUEN2qOv4OZxT8ofx4SK/The-need-for-lateral-entry-in-civil-services.html

http://www.hindustantimes.com/analysis/should-the-government-allow-lateral-entry-into-the-civil-services/story-Q75UKek5TPGwCrMreb9G0I.html

http://indianexpress.com/article/opinion/columns/the-case-for-lateral-entry-indian-administrative-service-ias-upsc-government-4788115/

http://indianexpress.com/article/india/dopt-asked-to-prepare-proposal-on-lateral-entry-into-civil-services-department-of-personnel-training-4749693/

Questions

Q.1) The government’s recent proposal of bringing in lateral entry in civil services comes with its own advantages and criticisms. Discuss.

Q.2) Considering the recommendations made by various committees that there exists a large deficit of civil servants at higher levels, do you suggest the idea of bringing in new recruits at middle and higher level. Critically analyse in view of recent debate going on about lateral entry in civil services.

Note4Students:

There has been lingering issues of inefficiency, pendency of cases and vacancy of judges within the Indian judiciary. Recently union government sought the opinion of attorney general with regards to the AIJS. So discussion over AIJS is important.

Introduction

1. Article 309 of the Constitution deals with the recruitment and conditions of service of persons serving the Union or a State.
2. It empowers the appropriate Legislature to regulate the recruitment and conditions of service of persons appointed to public services and post in connection with the affairs of the Union or of any State.
3. The Constitution was amended in 1977 to provide for an AIJS under Article 312.
4. Under article 312,if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services (including an all-India judicial service)] common to the Union and the States
5. Earlier recommendations: The first Law Commission recommended the creation of an AIJS.  It opined that such a course is necessary in the interest of efficiency of the subordinate judiciary.
6. This proposal was considered in the Law Ministers’ Conference held in the year 1960, but the proposal was shelved.
7. The 8^th Law Commission while examining the problem of arrears in trial courts, recommended formation of an AIJS.

Analysis

Problems of subordinate judiciary:

1. Vacancies: There are at least 4,400 vacancies for judges in the subordinate judiciary, including for district judges.
2. There always 20 per cent vacancies in the courts.
3. Vacancies are never filled in time because the judiciary is unable to attract talent.
4. Not attractive: Today the subordinate judiciary depends entirely on state recruitment. But the brighter law students do not join the state judicial services because they are not attractive.
5. Career progression: With no career progression, no one with a respectable bar practice wants to become an additional district judge, and deal with the hassles of transfers and postings.
6. Quality : Consequently, the quality of the subordinate judiciary is by and large average, although there are some bright exceptions.
7. By extension, at least one-third of high court judges elevated from the subordinate judiciary are also mostly average. As a result, the litigants are left to suffer.
8. Pendency of cases :As of December 31, 2015, 51.2 per cent of all cases pending in the subordinate courts have been pending for more than two years.

Why AIJS Required

1. Improved quality: It will improve the quality of judicial officers in high courts.
2. Proved quality: One-third of the judges would enter the high courts through the route of promotion from subordinate courts. Judges of the Supreme Court are drawn from the high courts. In this process, the persons eventually selected into the judiciary would be of proven competence.
3. Quality of judgements: Simultaneously, the quality of adjudication and the dispensation of justice would undergo transformative changes across the judicial system, from the lowest to the highest levels. This can have far-reaching impact on the quality of justice and on people’s access to justice as well.
4. Accountability: A career judicial service will make the judiciary more accountable, more professional, and arguably, also more equitable.
5. Time consumption: Well trained and qualified judicial officers would be instrumental to reduce the time required for the litigation.

Recommendations of the National Judicial Pay Commission

1. The AIJS should be constituted only in the cadre of District Judges as per provisions of Article 312 (3) of the Constitution.  The District Judges directly recruited and promoted should constitute the AIJS.
2. The selection for direct recruitment should be by the National Judicial Commission / UPSC and the promotes by the respective High Courts.
3. The qualification for direct recruitment to AIJS should be in conformity with that prescribed under Article 233(2) of the Constitution.
4. Service Judges also should be allowed to compete for recruitment of AIJS, by appropriately amending Article 233(2) of the Constitution.
5. Not exceeding 25% of the posts in the cadre of District Judges in every State should be earmarked for direct recruitment.
6. The age limit for recruitment to AIJS should be between 35 years to 45 years.
7. Appointment: The National Judicial Commission / UPSC, after selecting the candidates for direct recruitment to the cadre of District Judges, must allocate to the States / UTs, the candidates equal to the vacancies that are surrendered by them.
8. The High Court thereupon will recommend those names to the Governor for appointment as per Article 233 of the Constitution.

Arguments against AIJS

1. Status of Legal education: The Bar Council of India has mismanaged legal education. Within this incredibly small talent pool, the judiciary competes by offering unremunerated pay and limited avenues for career advancement.so attractive remuneration will increase the quality of the judicial system.
2. Disadvantages of national exam A “national exam” risks shutting out those from less privileged backgrounds from being able to enter the judicial services
3. Inadequate knowledge of regional language would corrode judicial efficiency both with regard to understanding and appreciating parole evidence pronouncing judgments.
4. Career prospects of state judiciary members: Promotional avenues of the members of the State judiciary would be severely curtailed causing heart burning to those who have already entered the service and manning of the State judicial service would be adversely effected.
5. Statistics from different time period’s :shows that both the decentralised approach of each High Court conducting its own appointment and a centralised one of all India civil services seem to have roughly the same efficacy in filling up the vacancy.
6. Erosion of control of the High Court over subordinate judiciary would impair independence of the judiciary.
7. Overburdened judicial officers If clerical task of judicial officers has removed, entrusted to non-judicial clerks , it will help judges to focus on judicial matters. This will infuse more efficiency. AS per independent studies conducted by Centre for Civil Society and Daksh, clerical tasks constitute almost half of subordinate judges’ time.
8. Source of real experience Richness of judiciary comes from experience and exposure to real cases which the AIJS exam will take away from.

Conclusion

The problems of the Indian judiciary at all levels have reached catastrophic level. The public is losing confidence in the judiciary despite the latter’s assertions. Data show that they are acting on this belief by filing fewer cases year on year. It is likely to be a combination of delays, cost, uncertainty, inefficiency and corruption. So, solution of these problems lies in the identifying a sustainable mechanism of appointment. That mechanism should address the negative aspects of the AIJS and de centralised appointment system.

Questions:

1. Do you support the idea of constituting an “All India Judicial Service .?

2. The constitution of AIJS will solve the problems of judiciary. Critically analyse

 

 

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Note4students

It is very important for India to defend its IPR. And India wants to protect its rights in world trade.

Introduction

Last year, Indian Government has released India’s National Intellectual Property Rights (IPR) Policy. The Policy which is in compliance with WTO’s (World Trade Organisation) agreement on TRIPS (Trade Related aspects of IPRs), aims to sustain entrepreneurship and boost Prime Minister Narendra Modi’s pet scheme ‘Make in India.’

Why we need this Policy?

1. Global drug brands led by US companies have been pushing for changes to India’s intellectual property rules for quite some time now. They have often complained about India’s price controls and marketing restrictions.
2. Also, an IPR policy is important for the government to formulate incentives in the form of tax concessions to encourage research and development (R&D). It is also critical to strengthen the Make In India, Startup and Digital India schemes.
3. The IPR policy comes at a time when India and other emerging countries faces fresh challenges from the developed world and mega regional trade agreements such as the Trans-Pacific Partnership (TPP).

Aim of the Policy

1. The Policy aims to push IPRs as a marketable financial asset, promote innovation and entrepreneurship, while protecting public interest.
2. The plan will be reviewed every five years in consultation with stakeholders.
3. In order to have strong and effective IPR laws, steps would be taken — including review of existing IP laws — to update and improve them or to remove anomalies and inconsistencies.
4. The policy is entirely compliant with the WTO’s agreement on TRIPS.
5. Special thrust on awareness generation and effective enforcement of IPRs, besides encouragement of IP commercialisation through various incentives.
6. What do Policy say on Interanational Treaties and Agreements?
7. India will engage constructively in the negotiation of international treaties and agreements in consultation with stakeholders.
8. The government will examine accession to some multilateral treaties which are in India’s interest, and become a signatory to those treaties which India has de facto implemented to enable it to participate in their decision making process

Suggestion for DIPP

1. It suggests making the department of industrial policy and promotion (DIPP) the nodal agency for all IPR issues.
2. Copyrights related issues will also come under DIPP’s ambit from that of the Human Resource Development (HRD) Ministry.
3. On Compulsory Licensing – According to the policy, India will retain the right to issue so-called compulsory licenses to its drug firms, under “emergency” conditions.
4. Also, the government has indicated that there is no urgent need to change patent laws that are already fully World Trade Organization–compliant.
5. So India has resisted pressure from the US and other Western countries to amend its patent laws.
6. The policy also specifically does not open up Section 3(d) of the Patents Act, which sets the standard for what is considered an invention in India, for reinterpretation.
7. As per the WTO norms, a CL can be invoked by a government allowing a company to produce a patented product without the consent of the patent owner in public interest.
8. Under the Indian Patents Act, a CL can be issued for a drug if the medicine is deemed unaffordable, among other conditions, and the government grants permission to qualified generic drug makers to manufacture it.

Possible Benefits of the Policy

1. The new policy will try to safeguard the interests of rights owners with the wider public interest, while combating infringements of intellectual property rights.
2. By 2017, the window for trademark registration will be brought down to one month. This will help in clearing over 237,000 pending applications in India’s four patent offices.
3. It also seeks to promote R&D through tax benefits available under various laws and simplification of procedures for availing of direct and indirect tax benefits.
4. Unlike earlier where copyright was accorded to only books and publications, the recast regime will cover films, music and industrial drawings. A host of laws will also be streamlined — on semi-conductors, designs, geographical indications, trademarks and patents.
5. The policy also puts a premium on enhancing access to healthcare, food security and environmental protection.
6. Policy will provide both domestic and foreign investors a stable IPR framework in the country. This will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India’s growth and socio–cultural development while protecting public interest.
7. It is expected to lay the future roadmap for intellectual property in India, besides putting in place an institutional mechanism for implementation, monitoring and review. The idea is to incorporate global best practices in the Indian context and adapt to the same.

Question

Q.) “According to the IPR policy, India will retain the right to issue so-called compulsory licenses to its drug firms, under “emergency” conditions.” Discuss the concerns of some of the westerner countries which are against this policy of India

Source:

The Hindu

PIB

Note4Students:

The NDA government has announced a radical overhaul of the oil and gas exploration policy. It has launched Hydrocarbon exploration and licensing policy to replace the existing NELP which was introduced in 1999.

Hydrocarbon Exploration and Licensing Policy (HELP) is a policy adopted by Government of India on 10.03.2016 indicating the new contractual and fiscal model for award of hydrocarbon acreages towards exploration and production (E&P). HELP is applicable for all future contracts to be awarded.

Background

1. India’s offer of oil and gas exploration blocks under NELP since 1999 had limited success in terms of commercial discoveries and their monetisation. Of the 254 blocks auctioned in the nine NELP rounds, commercial production started in three blocks with total output of 0.4 million tonnes of crude oil and 26.11 million standard cubic metres of gas per day.
2. The present New Exploration Licensing Policy (NELP) has are separate policies and licenses for different hydrocarbons.  Unconventional hydrocarbons (shale gas and shale oil) were unknown when NELP was framed 18 years ago. This fragmented policy framework is leading to inefficiencies in exploiting natural resources. For example, while exploring for one type of hydrocarbon, if a different one is found, it will need separate licensing, adding to cost.
3. The NELP mechanism of profit-sharing where explorers first recovered their costs and then shared profits with the government was severely criticized by the CAG during an audit of KG-D6 block operated by Reliance Industries. The CAG alleged that RIL is exaggerating the costs to lower the government’s profit share.

Key Features of HELP

1. A Single License: A single license for exploration and production of all forms of hydrocarbons in blocks to firms offering the maximum revenue to the government would be given.
2. Open acreage policy: Blocks would be allocated under the ‘open acreage policy’, wherein companies can submit bids for areas of their choice.under open acreage policy companies can choose blocks from the designated area round the year without waiting for roadshows and auctions like in NELP.
3. Revenue Sharing model: production-sharing contract between government and contractors would henceforth be governed by a revenue-sharing model instead of a profit-sharing one
4. It provides for a common license for all hydrocarbons, including shale gas and coal bed methane, and does away with computing complex investment multiples and scrutinizing cost recoveries
5. It also provides marketing and pricing freedom for the crude oil and natural gas produced.
6. On the lines of NELP, cess and import duty will not be applicable on blocks awarded under the new policy.

Benefits of HELP

1. Will promote ease of doing business: In the NELP, contractors gold-plated their costs to artificially depress profits. This not only led to disputes and litigation but also caused project delays as government pored over each decision by the contractor to check for possible fraud. Such problems are less likely to occur under revenue-sharing. Under the new regime, the Government will not be concerned with the cost incurred and will receive a share of the gross revenue from the sale of oil, gas etc. This is in tune with Government’s policy of “Ease of Doing Business”.
2. Will allow producers to charge a competitive market price : One of the reasons why domestic oil and gas exploration has suffered over the years despite the fact that India has a huge import dependence as over three-fourths of the domestic crude oil demand and about a third of the domestic demand for gas are met by imports — is the inability of companies to price the output in a profitable manner. Now, instead of pricing being determined by a formula set by a committee, Help will allow producers to charge a competitive market price for new production, subject to a ceiling determined by the landed price of alternative fuels, such as fuel oil, liquefied natural gas and naphtha. It would boost investment in the sector.
3. Help’ will also allow energy companies to produce whatever form of hydrocarbon is available from a licensed block—coal bed methane, shale gas/oil, tight gas and gas hydrates—without seeking separate permission for producing each of the fuels.
4. Promote investment: Under the new regime, there will not be yearly auction of a cluster of identified blocks. Instead, investors can access data about all the blocks available and would be encouraged to bid at any time of their choice under the open acreage principle.
5. Recognising the higher risks and costs involved in exploration and production from offshore areas, lower royalty rates for such areas have been provided as compared to NELP royalty rates to encourage exploration and production.  A graded system of royalty rates have been introduced, in which royalty rates decreases from shallow water to deepwater and ultra-deep water.
6. Increase Transparency: It would increase transparency and would reduce government intervention in the sector since government would not face the burden of scrutinizing the cost of the firms involved in the sector. This is in tune with the government motto of minimum government maximum governance/

Concerns Raised

1. The costs involved in exploration is very high and it is also marked by uncertainty. The shift to revenue-sharing could prove to be a disincentive as the investment recovery period for producers gets prolonged since he has to share the revenue with the government from day 1.
2. Blocks already under production aren’t covered
3. Banks may not give credit easily to such projects given their high gestation periods and the rising NPAs
4. Since royalty rates over land is uniform, regions like NE may be ignored by companies
5. If the gas prices are set too high, sectors like power, fertilizers etc. may be affected

HELP VS NELP

Conclusion

1. Overall, the policy is a step in the right direction. It will not only bring transparency in the energy sector but would also attract much needed investment in the sector; It should be tweaked in the future to ensure better implementation. If followed in its letter and spirit, the policy can help India achieve energy security in the long run.

Source:

http://www.arthapedia.in/index.php?title=Hydrocarbon_Exploration_and_Licensing_Policy_(HELP)

http://pib.nic.in/newsite/PrintRelease.aspx?relid=137638

Questions:

Q.1) Examine how would the new Hydrocarbon Exploration Licensing Policy (Help) affect interests of consumers and producers.

Q.2) The new Hydrocarbon Exploration Licensing Policy, or HELP, is said to signal one of the most important market-oriented sectoral reforms of the past two decades. Examine why.

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Note4Student:

The deficiencies of UGC have been highlighted by various reports and committees. At such a time, the idea of setting up this body has come forward. Its probable a question might be asked.

Context

With an aim to simplify and consolidate the mass of regulations and compliances that currently operate in the sector, the Central Government has proposed to do away with the All India Council for Technical Education (AICTE) and the University Grants Commission (UGC) and replace them with a single body, tentatively titled Higher Education Empowerment Regulation Agency (HEERA).

What are UGC and AICTE?

UGC (university Grants Commission)

1. The UGC has two primary responsibilities: (a) providing funds to educational institutions; and (b) coordinating, determining and maintaining standards in institutions of higher education.
2. Its main functions are: promoting and coordinating education in universities, determining and maintaining standards for teaching, examination and research in universities, framing regulations on minimum standards for education, disbursing grants to universities and colleges, liaising between the CG, State governments and higher educational institutions, and advising the CG and State governments on possible policy measures to improve higher education in India.

AICTE (All India Council of Technical Education)

1. AICTE is a professional council constituted by the government to govern technical education in India.
2. AICTE’s objectives include: promoting quality in technical education, planning the co-ordination and development of the technical education system and regulation of technical education and maintenance of norms and standards for technical education in India.

Why does India’s higher education need a reform?

1. The idea to have a single higher education regulator is not a new one, but has been recommended by various committees set up by previous governments. While the National Knowledge Commission (2006) had recommended an independent regulatory authority for higher education, the Committee on Renovation and Rejuvenation of Higher Education (2009) had also advocated an apex regulatory body by converging multiple agencies in the field of higher education.
2. The TSR Subramanian committee, which had been tasked with coming up with a new education policy, too called for the scrapping of the UGC and AICTE.
3. The UGC Review Committee in 2014 had also recommended the commission be replaced with an apex institution named National Higher Education Authority.

What will be HEERA’s role and function?

1. HEERA is expected to eliminate the overlaps in the jurisdiction and remove irrelevant regulatory provisions.
2. It will bring the regulation of both technical and non-technical higher education institutions under one umbrella.
3. The way UGC and AICTE have been roundly criticised for their poor handling of higher education so far, HEERA is likely to be structured in a manner that addresses these deficiencies.

Advantages of HEERA:

1. The introduction of a unified regulator for both UGC and AICTE would eliminate all overlaps in jurisdiction and also do away with regulatory provisions that may no longer be relevant.
2. Sponsoring bodies of institutes of higher education would no longer be required to approach multiple authorities for clearances, which is likely to promote ease of development of institutions of higher learning.
3. HEERA is also expected to have sharper teeth than the extant AICTE and UGC: the HEERA Law is likely to empower HEERA to take strict penal action against defaulting institutions.
4. The multiple sets of rules and sub-regulations prescribed by UGC and AICTE, unfortunately, seem to have acted as a deterrent to the development of premier educational institutions would be done away with by setting up of a single body.
5. India has separated technical and non-technical education which is “outmoded and out of sync” with the rest of the world. Having a single regulator would result in better outcomes.
6. Having a single statutory body for higher education will simplify and consolidate the mass of regulations and compliances that currently operate in the sector.

Conclusion:

1. The multiple sets of rules and sub-regulations prescribed by UGC and AICTE, unfortunately, seem to have acted as a deterrent to the development of premier educational institutions. There has long been a need for change in the regime governing higher education in India.
2. The separation between the standards governing technical and non-technical education is seen as unnecessary and illusory. Therefore, the time is ripe for single unified authority for the regulation of higher education in the country.

Present situation

Though, India’s higher education sector needs reforms which are pending since long, the government’s plan to replace the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE) with a single higher education regulator seems to have hit a roadblock with the HRD ministry putting the idea on hold.

Source

http://indianexpress.com/article/education/ugc-aicte-to-be-scrapped-replaced-by-heera-reports-4691511/

http://www.thehindu.com/education/the-heera-conundrum/article19384415.ece

http://www.thehindu.com/education/colleges/new-body-to-replace-ugc-aicte/article18730891.ece

http://www.livemint.com/Education/YitGMlErQCF6PqnJoVWnTI/HRD-plan-to-replace-UGC-AICTE-with-single-regulator-in-limb.html

Question:

Q.1) The higher education reforms in India have been pending since long. Do you think at such a time, the creation of a body like HEERA will be game changing? Examine.

Q.2) In view of the multiple sets of rules and sub-regulations prescribed by UGC and AICTE,  which have unfortunately, acted as a deterrent to the development of premier educational institutions, the time is ripe for single unified authority for the regulation of higher education in the country. In this context, discuss the advantages of HEERA, a proposed body.

Note4Students

Supreme Court of India in subramnanian swamy case upheld the validity of the criminal defamation law. The court pronounced its verdict on a batch of petitions challenging the constitutional validity of sections 499 and 500 of the Indian Penal Code providing for criminal defamation.This issue has been lingering about from last 2-3 years.A number of op-eds on this issue have been published in Hindu and IE in last few years.

Introduction

What is Defamation?

1. Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.

Sections 499 and 500:

Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

• 1. Section 499: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
  2. Section 500: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Analysis

Why it should be retained?

1. Reputation of an individual, constituent in Article 21 is an equally important right as free speech
2. It has interpreted art 21 to provide for right to reputation and brought a new concept of constitutional fraternity – that is, an assurance of mutual respect and concern for each other’s dignity.
3. The Supreme Court declared that the right to free speech under Article 19(1)(a) had to be “balanced” against the right to “reputation” under Article 21.
4. It has been part of statutory law for over 70 years. It has neither diluted our vibrant democracy nor abridged free speech
5. Protection for “legitimate criticism” on a question of public interest is available in the Civil law of defamation & Under exceptions of Section 499 IPC
6. Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower judiciary must be sensitized to prevent misuse
7. Monetary compensation in civil defamation is not proportional to the excessive harm done to the reputation
8. Editors have to take the responsibility of everything they publish as it has far-reaching consequences in an individual and country’s life
9. Since there is no mechanism to censor the Internet from within, online defamation could only be adequately countered by retaining defamation as a criminal offence.
10. Also, criminalisation of defamation is part of the state’s “compelling interest” to protect the right to dignity and good reputation of its citizens.
11. Unlike in the U. S, defamation in India cannot be treated only as civil liability as there is always a possibility of the defamer being judgment free, i.e., not having the adequate financial capability to compensate the victim.

Why it should be deleted?

1. These restrictions have a chilling effect on freedom of speech; they create an anomaly whereby the threshold for criminal prosecution for defamation is now possibly lower than the threshold for civil damages;
2. “Constitutional fraternity” is not a part of Article 19(2) of the Constitution, which specifically limits the circumstances under which the state can restrict speech to eight enumerated categories.
3. It is also nowhere in the fundamental rights chapter of the Constitution, so the question of “balancing” free speech against constitutional fraternity does not arise.
4. Article 21 which is a shield to protect the individual against State persecution or indifference, is used as a sword to cut down the fundamental right to freedom of speech and expression because of this provision.
5. Freedom of speech and expression of media is important for a vibrant democracy and the threat of prosecution alone is enough to suppress the truth. Many times the influential people misuse this provision to suppress any voices against them.
6. Considering anecdotal evidence, every dissent may be taken as unpalatable criticism. Sections 499 and 500 of IPC prescribes two years’ imprisonment for a person found guilty of defamation.
7. The right to reputation cannot be extended to collectives such as the government, which has the resources to set right damage to their reputations.
8. The process in the criminal cases itself becomes a punishment for the accused as it requires him to be personally present along with a lawyer on each date of hearing.

Given that a civil remedy to defamation already exists, no purpose is served by retaining the criminal remedy except to coerce, harass and threaten.

It goes against the global trend of decriminalizing defamation

1. Many countries, including neighbouring Sri Lanka, have decriminalized defamation.
2. The United Kingdom abolished criminal defamation altogether
3. More recently, the Constitutional Court of Zimbabwe struck it down as an unconstitutional restriction upon the freedom of speech.
4. In 2011, the Human Rights Committee of the International Covenant on Civil and Political Rights called upon states to abolish criminal defamation, noting that it intimidates citizens and makes them shy away from exposing wrongdoing
5. Investigative journalism can be curtailed and ombudsman would be threatened.
6. The dozens of defamation cases filed in Tamil Nadu to silence journalists show that criminal defamation can fetter democratic accountability.

Conclusion

1. While the right to reputation may be protected by the Constitution, it should not be at the cost of freedom of speech.
2. Free speech is necessary because, it enables the media to hold governments and individuals accountable. Freedom of speech should also protect the right to offend within reasonable limits.
3. If the ability to legitimately criticize is not protected, voices throwing light on important issues will continue to be silenced by the rich and powerful

Questions

Do you think there a need for reform of India’s defamation laws? Critically comment

“Supreme Court’s judgment on criminal defamation is the latest illustration of a syndrome” Critically comment

“The Supreme Court verdict upholding the provisions of the Indian Penal Code that make defamation a criminal offence is retrograde and out of tune with the times”. Discuss

 

Note4Students:

There lies a very thin line between the judicial overreach and judicial activism. Considering the recent pronouncements of SC, this topic has become important for mains.

Context

1. Some time back, it was commented that  judiciary must draw its own ‘Lakshman rekha (inviolable boundary)’ and not take decisions that fall in the domain of executive, highlighting the increasing friction between the judiciary and executive over a perceived overreach by the courts.

What is judicial activism and judicial overreach?

1. Judicial Review” is the process by which a court reviews the constitutionality of a statue or the application of a statute, and rules either for it or against it on that basis.
2. “Judicial Activism” is the view that courts make political rather than legal decisions to further some agenda, rather than strictly reviewing the legality of a law under the letter of the law and prior precedent. It refers to the process in which judiciary steps into the shoes of legislature and comes up with new rules and regulations, which the legislature ought to have done earlier.
3. Judicial Overreach refers to an extreme form of judicial activism where arbitrary, unreasonable and frequent interventions are made by judiciary into the legislature’s domain, often with the intention of disrupting the balance of powers between executive, legislature and judiciary.

What is the need of judicial activism?

Failure of other organs to discharge their duties:

1. When the other political branches of the government viz. the legislature and the executive fail to discharge their respective functions, it leads to an erosion of the confidence of the citizens in the constitutional values and democracy. In such a scenario, the judiciary steps into the areas usually earmarked for the legislature and executive.

Taking proactive steps by the judiciary:

1. In case the fundamental rights of the people are trampled by the government or any other third party, the judges may take upon themselves the task of aiding the ameliorating conditions of the citizens cited as judicial activism.

To fill the vacuum created by other organs of government:

1. To fill the legislative vacuum and to meet the societal needs, the courts often indulge in judicial legislation thereby encroaching in the domain of legislature.

What does constitution say about judicial activism?

1. The Indian judiciary has been constitutionally vested with the power of review to keep the Executive and Legislature within constitutional boundaries. The Judiciary can strike down any law that is beyond Parliament’s legislative competence or is violative of the Constitution. Similarly, it can strike down any Executive action, if there is any patent illegality or arbitrariness to it.
2. While Articles 13, 21, 32, 226 and 227 encompass this power, Article 142 extends a unique, extraordinary power to our Supreme Court to do ‘complete justice’ in any matter before it.

Criticism of this idea:

Disturbs the balance between organs of government:

1. According to some critics, judicial overreach is upsetting the constitutional balance among the three organs of state – the legislature, the executive and the judiciary.

Viewed as a challenge to basic structure:

The judicial activism, at one point of time, was considered necessary to correct the failings of the legislature and the misdeeds of the executive. But it has now grown into a situation where the idea of separation of powers, which should be considered a feature of the basic structure of the Constitution, is challenged.

Judiciary must perform its judicial functions:

1. Activism can deteriorate into overreach if the judiciary considers itself the sole custodian of public interest, interprets public interest in its own fashion and seeks to force the legislature and the executive to implement its version of it. Judiciary has only got to interpret the laws and decide whether they conform to the Constitution and not more than that.

Understanding thin line between activism and overreach:

1. There is a thin line between activism and overreach. While judicial activism is considered positive to supplement the fallings of the executive, but the overreach into the executive’s domain is considered an intrusion into the proper functioning of democracy.
2. Just as independence of the judiciary is part of basic structure, the primacy of the legislature in policy making is also part of basic structure and interference by the courts into their domain is not justified.

Way Forward

1. Although,  judicial review is legitimate domain of judiciary but then a limit or boundary has to be drawn. Judiciary, like all institutions in a democracy, should be accountable and know its own limits. It should not become a super parliament that frames laws and a super executive that seeks to implement them.
2. The quality and speed of the mainstream judicial system can be improved by a comprehensive and integrative approach, focussed on improving judicial infrastructure and reducing indiscipline. Following points define the way in which judicial activism can prove constructive:
3.  Improving judicial infrastructure
4.  Develop discipline in the judicial system
5.  Improve strength of judges
6. Develop judicial competence, effective case management and use of information technology
7. Review media role.

Question:

(Q) This is not the first time when questions have been raised on the judicial overreach and activism in India. Is judicial activism when executive is not able to efficiently perform its duties justified? Give arguments.

(Q) Judicial activism and judicial overreach are separated by very thin line, and the judiciary has to be careful of it. If that line is crossed, judicial activism may be  considered an encroachment on legislature? Discuss.

Sources

http://www.thehindu.com/todays-paper/tp-opinion/Judicial-activism-romanticism-amp-overreach/article15177963.ece

http://www.thehindu.com/opinion/lead/Disturbing-trends-in-judicial-activism/article12680891.ece

http://indianexpress.com/article/opinion/columns/arun-jaitley-judicial-activism-supreme-court-2828018/

http://www.livemint.com/Opinion/lPqfldPjTc9t4aBYupFZKK/The-judiciary-is-shifting-the-balance-of-power.html

http://www.livemint.com/Opinion/hB3zoJOiAEKkUd6YUxw0rM/Judicial-boundaries.html