Mentor’s Comments-
- https://indianexpress.com/article/opinion/columns/a-court-of-the-future-there-is-need-to-finetune-mechanisms-of-accountability-within-judiciary-8263646/
- In the introduction, talk about the issue of rising allegations of misconduct against judges of superior courts.
- In the body, go through the present process of discipling judges in India and the issues inherent in those processes.
- Next, suggest some corrective measures.
- Conclude suitably.
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Arjun
I think you have totally missed the point here.
You have just picked the first two words of the question and written an answer. However, the question here goes on to explain judicial governance, you need to write in that context. Judicial governance does mean protecting the rights of citizens and sometimes the judiciary takes on the role of executive, though not desirable, to achieve those ends. But first, to ensure judicial governance, judges themselves need to be seen as well meaning persons with integrity of character, which is not the case in recent times. There are rising allegations against judges. So, you need to write about what processes we have, to discipline judges, what are the shortcomings of those processes and what should be the way forward.
Please check out the model answers for the content and read the question two or three times before attempting to write, it will be helpful in sticking to the point.
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Abhishek
You have correctly understood the question but the content is weak.
Introduction first paragraph is fine, but before that you can briefly state the important role of judiciary.
Benches have not increased to 34, I think you are talking about the number of judges in SC.
Next, mention the existing mechanisms for the accountability of the judges and the issues with them.
You can talk about the clumsy impeachment process, unaccountable committees to enquire into the allegations against the judges, frequent transfer of judges, lack of public scrutiny.
Next, mention some suggestions to improve the situation…99th amendment was declared void by the SC, so no need to mention that, you can however suggest the constitution of a neutral body for appointments. Other than that, you can mention the need for judges to make annual financial disclosure statements, law to guide our judges (something similar to US model), credible statutory machinery for investigating charges against judges, making SC more accountable by giving it more powers especially over HCs.
Conclusion is fine.
Keep practicing. Check out the model answers and go through the article tagged above. 🙂
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Rao
Introduction is good, judicial governance has been explained well.
Judicial governance does mean protecting the rights of citizens and sometimes the judiciary takes on the role of executive, though not desirable, to achieve those ends. But first, to ensure judicial governance, judges themselves need to be seen as well meaning persons with integrity of character, which is not the case in recent times. The question here focuses on this aspect specifically. There are rising allegations against judges. So, you need to write about what processes we have, to discipline judges, what are the shortcomings of those processes and what should be the way forward.
You have mentioned impeachment, that is good, you can say that the process is cumbersome as seen from its negligible usage. Issue of contempt of court is also fine. Further, you can talk about formation of unaccountable committees to enquire into the allegations against the judges, frequent transfer of judges, lack of public scrutiny.
Way forward is decent…some other pertinent suggestions could be the need for judges to make annual financial disclosure statements, law to guide our judges (something similar to US model), credible statutory machinery for investigating charges against judges etc
Conclusion is good.
Keep practicing. 🙂
@Staff
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Gopinath
Good attempt.
Your content is good, presentation can be a bit better.
Introduction is fine.
Need for rectitude is also well written, use a hub spoke diagram to handle some parts of the answer.
In next part, mention issues in ensuring the discipline and accountability among judges, as that is the main concern of the question. Other things like judicial overreach can be avoided. In place of that, you can talk about the cumbersome impeachment process as seen from its negligible usage; formation of unaccountable committees to enquire into the allegations against the judges, lack of public scrutiny etc
Other points are good.
Way forward is decent…law to guide our judges (something similar to US model) and a credible statutory machinery for investigating charges against judges can be suggested too.
Add a concluding statement, otherwise the answer looks incomplete.
Keep practicing. 🙂
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