Table of Contents
An Innocuous Draft Blurs a Vital Line
- The Supreme Court’s proactive effort to unclog the judicial system is commendable. The apex court has identified giving legal sanctity to disputes settled through mediation as an avenue to reduce the number of cases before it. It demonstrates that the judiciary is alive to the challenges of speed and backlog that the judicial system faces.
- Yet, the Supreme Court’s enthusiasm extending to drafting a law in this regard is disconcerting. The framers of the Constitution intended the Supreme Court to be the final court of appeal, the arbiter on matters of great public and constitutional import, whether policy formed by the executive or laws passed by Parliament and state legislatures. By drafting a law, the court blurs the line that separates the referee from the player.
- That does not augur well for a democracy. Time and again, the Supreme Court has stepped in to perform tasks that are best carried out by the executive but had been left unattended. The practice has created the space for the executive to duck difficult and complex decisions, and dump them in the court’s lap.
- Given that the Supreme Court is best equipped to deal with points of law rather than executive function, this blurring of roles has not yielded the best results — pollution control is a good example of this.
- In the same vein, the Supreme Court’s foray into legislation drafting is neither desirable nor the optimum use of its capabilities. A legislation is more than the articulation of a legal principle, it is also about balance between different stakeholders, and the articulation of a vision that serves the greater good. A functioning democracy, as the Constitution framers envisaged, requires an independent judiciary, set apart and distinct from the executive and legislative branches.
- There exists an instrument, the judicial order from the bench, that permits the apex court to channel its experience and understanding into advice, and has used it to successfully nudge and guide government and Parliament.
- The court should use the instruments it has at hand, rather than step outside its remit, even when it is on something as innocuous as conciliation.
- With reference to the above passage, the following assumptions have been made.Which of the above assumptions is/are valid?
- giving legal sanctity to disputes settled through mediation blurs the functions of legislature and judiciary
- framers of the Constitution intended to unclog the judicial system
- Supreme Court’s proactive effort to unclog the judicial system
- Will change its role from refree to player
- None of the above
- With reference to the above passage, the following assumptions have been made.Which of the above assumptions is/are valid?
- If the judiciary ventures into lawmaking ,it can repeal all ultra vires laws .
- Tasks that are best carried out by the executive but had been left unattended are better carried out by the judiciary
- Drafting of a law by the court Is not a good sign for a democracy
- None of the above
- The meaning of ‘to duck’ in the above passage is
- To avoid
- To escape
- To run away from
- All of the above
- What is the tone of the author in the above passage ?
- Cautious
- Humorous
- Disapproving
- Indifferent
Vocabulary
- Innocuous : not harmful or offensive.
- Proactive : creating or controlling a situation rather than just responding to it after it has happened.
- Unclog : to free from a difficulty or obstruction.
- Sanctity : ultimate importance and inviolability.
- Disconcerting : causing one to feel unsettled.
- Augur : portend a good or bad outcome.
- To duck : Leave hurriedly or secretly; evade responsibility.
- Foray : a short period of time being involved in an activity.
- Envisaged : contemplate or conceive of as a possibility.
10.Conciliation : the action of stopping someone being angry.
Cloze test
- Given that the Supreme Court is best equipped to deal ….(1)points of law rather than executive function, this blurring of roles has not yielded the best results — pollution control is a ….(2) of this.
- In the same…(3), the Supreme Court’s foray into legislation drafting is neither desirable nor the optimum use of its capabilities. A legislation is more than the articulation of a legal principle, it is also about balance between different stakeholders, and the articulation of a vision that serves the greater good. A functioning democracy, as the Constitution framers envisaged, requires an independent judiciary, set apart and ….(4) from the executive and legislative branches. There exists an instrument, the judicial order from the …(5), that permits the apex court to channel its experience and understanding into advice, and has used it to successfully nudge and guide government and Parliament.
- .A. With B.in C. for D.by
- A. good example B. exemplary C. example setting D. good example
- .A. vain B. vane C. Vein D. Wane
- A. united B. superior C. distant D. distinct
- A. desk B. table C. chair D. bench
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