Judgments of the Supreme Court:

♤ In case of CBI's autonomy, the SC only stepped in where the executive had failed. It asked the Govt. to inform it about the steps it was going to take to enact a law for ensuring CBI’s autonomy. The Right to Life under Article 21 is not merely right to physical existence, but to a life of some quality and dignity. An expectation of good governance & fair trial, which is only possible through a fair and impartial investigation, falls within the right to life. Also, when corruption undermines the Rule of Law, the Right to Equality under Article 14 is affected. And since Article 32

guarantees the right to move SC for enforcement of fundamental rights, Judicial Activism does not violate Constitutional Principles.

♤ In Vishaka (1997) case, SC was dealing with a Writ Petition for enforcement of fundamental rights of working women under Articles 14, 19(1)(g) (the right to practice one’s profession etc) and Article 21. There was no national legislation, so SC laid down norms and guidelines, giving them binding force. It was only in 2013 that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted and for last 16 years, the only protection which working women have had is SC’s directions.

♤ In Vineet Narain 1997 SC gave directions with regard to CVC and CBI, which had significant impact against corruption. According to the SC, this had a direct bearing on Human Rights.

♤ In Prakash Singh (2007), the Court felt compelled to give seven directions with regard to Police Reforms, which were suggested by many commissions formed by the Government itself but no steps had been taken.

6. The recent judgment of the Supreme Court on the National Tax Tribunal Act aims to restore the balance in separation of powers. However, the judgment would go against the idea of Tribunals under the constitution. Examine.Answer:7. In comparison with the American constitutional arrangement, where there is strict separation of executive and legislature, the Indian Constitution provides for a fused structure. Do you think this system has worked for India?Answer:8. Independence of judiciary and separation of powers, both are part of the basic structure of the constitution. In this context, discuss the recent Supreme Court judgment on the constitutional validity of the National Judicial Appointments Commission.Answer:9. Separation of powers in case of India has acquired its own uniqueness under the constitutional arrangement. Explain.Answer:10. The Constitution of India mentions the Doctrine of Separation of Powers only in passing, yet it holds a unique status in the structural framework of the Indian polity. Discuss.Answer:11. Explain why the doctrine of separation of powers is considered as an indispensable part of a democratic setup. Also, discussing this doctrine in the context of India, explain the principle of ‘checks and balances’.Answer:12. Explain the significance of the concept of 'separation of powers' in a democracy. What can be the reasons for India not following the doctrine in the strict sense?Answer:13. There is no strict separation of powers under the Indian Constitution, with the executive, legislature and judiciary empowered to carry out functions which may be considered within the purview of the other. Discuss.Answer: