TOPIC : GS 2 Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government; Pressure Groups and Formal/Informal Associations and their Role in the Polity.
What is the news?
Judicial Review
- In general terms, judicial review refers to the power and ability of High Courts and Supreme Court to review laws or judgments to ensure that they do not violate constitutional or legal provisions.
- Under Article 13 – Courts can review government orders, legislations, bye-law, rule, regulation, notification or any law in force in Indian Territory.
- Article 32 allows a person to move to SC in case of violation of fundamental rights. Similarly,
- Article 226 empowers persons to move to High Courts in case of violation of any fundamental or other rights. Thus, SC & HC can issue writs as constitutional remedies against the wrong doer.
- Article 137 empowers SC to review judgments or orders made by the Supreme Court itself. The review will be done by a larger bench of SC.
- Article 142 allows Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- Primarily Article 13, 32 and 226 forms the core of judicial review, of which Article 13 and 32 forms part of Fundamental Right.
- Further judicial review has also been considered as part of basic structure of the Indian Constitution and hence cannot be amended.
- Thus, the Courts are empowered to declare a statute ultra vires the constitution and to nullify an executive action as unconstitutional if they violate constitutional provisions or alters fundamental right.
- These powers of judicial review are given not to make the judiciary superior, but to ensure a system of checks and balances between the legislature and the executive on one hand, and the judiciary on the other.
Advantages of Judicial Activism:
- Addresses inaction on part of Legislature and Executive.
- Makes the judiciary vibrant and pro-people.
- Helps in the protection of the spirit of the constitution by giving a wider definition to various articles of the constitution such as: Article 14, article 19, article 21 and article 32
- Promotes transparency and accountability in Governance.
- Prevents arbitrary state action and curbing citizen’s fundamental rights by state.
- Ensures checks and balances on the Executive (Eg: 2G Allocation, Coal Scam etc.)
Problems with Judicial Overreach
- It destroys the spirit of the constitution as the democracy stands on the separation of powers between the organs.
- It creates a conflict between the legislative and the judicial system.
- It diminish trust of the people in public institutions which can be dangerous for democracy.
- Results in tyranny of unelected as Judges assumes central role in day to day decision making.
- Entertaining all PILs results in over burdening the Judiciary, which can otherwise be utilized for clearing the pending cases before courts.
Mains question
What is judicial Activism? Explain with Example
Sources : https://www.thehindu.com/opinion/lead/article-356-and-an-activist-judiciary/article33419769.ece
PRELIMS PUNCHERS
- Bryocrumia
A new species of moss of the genus Bryocrumia has been discovered in Malabar Wildlife Sanctuary in Western Ghats, Kerala. Bryocrumia is considered as monotypic (i.e., has only one species). This new one is the second species under it. Plant species that include mosses and liverworts habitat include grown in moist shaded areas in the hills Called as “Amphibians” of pant kingdom (as these plants can live in soil but are dependent on water for sexual Reproduction). They lack true roots, stem or leaves
Provides food for herbaceous mammals, birds and other animals. Species of Sphagnum (a moss) provides peat that is used as fuel, and as packing material for transshipment of living material because of their capacity to hold water
- The Strait of Gibraltar
It is also known as the Straits of Gibraltar, is a narrow strait that connects the Atlantic Ocean to the Mediterranean Sea and separates the Iberian Peninsula in Europe from Morocco in Africa. The two continents are separated by 13 kilometres of ocean at the Strait’s narrowest point between Point Marroquí in Spain and Point Cires in Morocco.
The strait lies in the territorial waters of Morocco, Spain, and the British overseas territory of Gibraltar. Under the United Nations Convention on the Law of the Sea, foreign vessels and aircraft have the freedom of navigation and over flight to cross the strait of Gibraltar in case of continuous transit.
- Green gas bulletin
It is released by World metrological organization . The World Meteorological Organization (WMO) has said that the concentration of carbon dioxide (CO2) in the atmosphere has breached all records in 2018. This means the global warming will be further pronounced and climate change will be more evident, leading to rising temperatures, extreme weather events and sea level rising.
Report stated that CO2 is one of the greenhouse gases (GHGs) that trap heat and cause global warming. Carbon dioxide has a very long life. Once emitted, it continues to be present in the atmosphere and keeps on trapping heat, leading to global warming. CO2 accounts for about 80 per cent of all GHGs in the atmosphere causing warming. According to the Bulletin, fossil fuel combustion is the causative factor for the rising atmospheric concentration of CO2.
- Pulayar Community
The Pulayar, also Pulaya, or Pulayas or Holeya or Cheramar, are one of the main social groups found in Kerala, Karnataka and in historical Tamil Nadu. They are noted for their music, craftsmanship, and for certain dances which include Kolam-thullal, a mask dance which is part of their exorcism rituals, as well as the Mudi-attam or hair-dance which has its origins in a fertility ritual.
Many of these customs have fallen into disuse. Traditionally women of this caste are more independent compared to the women of other caste. The spiritual life of the Pulaya includes certain ancient magic rituals and practices that have a certain reputation.
- Karen Community
The Karen are an ethno linguistic group of Sino-Tibetan language-speaking peoples. The group as a whole is heterogeneous and disparate as many Karen ethnic groups do not associate or identify with each other culturally or linguistically. These Karen groups reside primarily in Kayin State, southern and southeastern Myanmar. The Karen, approximately five million people, account for approximately seven percent of the Burmese population. Many Karen have migrated to Thailand, having settled mostly on the Thailand–Myanmar border. A few Karen have settled in the Andaman and Nicobar Islands, India, and other Southeast Asian and East Asian countries.
PRELIMS QUESTION
Qn 1.Kolam-thullal, a mask dance of which of the following tribe
- Pulayar
- Irula,
- Badaga
- Toda
Answer : A
The Pulayar, also Pulaya, or Pulayas or Holeya or Cheramar, are one of the main social groups found in Kerala, Karnataka and in historical Tamil Nadu. They are noted for their music, craftsmanship, and for certain dances which include Kolam-thullal, a mask dance which is part of their exorcism rituals, as well as the Mudi-attam or hair-dance which has its origins in a fertility ritual.
Many of these customs have fallen into disuse. Traditionally women of this caste are more independent compared to the women of other caste. The spiritual life of the Pulaya includes certain ancient magic rituals and practices that have a certain reputation.
Qn 2.Consider the following statement with reference to The Strait of Gibraltar1
1.Narrow strait that connects the Atlantic Ocean to the Black Sea
- It separates the Iberian Peninsula in Europe from Morocco
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c). Both of them (d). None of the above
Answer : B
It is also known as the Straits of Gibraltar, is a narrow strait that connects the Atlantic Ocean to the Mediterranean Sea and separates the Iberian Peninsula in Europe from Morocco in Africa. The two continents are separated by 13 kilometres of ocean at the Strait’s narrowest point between Point Marroquí in Spain and Point Cires in Morocco.
The strait lies in the territorial waters of Morocco, Spain, and the British overseas territory of Gibraltar. Under the United Nations Convention on the Law of the Sea, foreign vessels and aircraft have the freedom of navigation and over flight to cross the strait of Gibraltar in case of continuous transit.