Mains Value Addition
Arise and rejuvenate the third layer of governance
A Court in Crisis
Syllabus– GS 3: Cyber Security
Syllabus– GS 2: Health, GS 3: Science
Syllabus—GS3- Economy- Banking
Why in News?
Pleas of various hospitals for oxygen supply were filed in different HC’s across country.
Syllabus– GS 2: Indian Judiciary
In the COVID-19-related cases, High Courts across the country have acted with an immense sense of judicial responsibility.
This is a legal landscape that deserves to be encouraged. To do this, the Supreme Court must simply stay away.
What is Judicial Federalism?
Legislature Vs Executive
Supreme Court’s Role: –
Issue of Transfer of cases
Other Challenges: –
Judicial federalism has intrinsic and instrumental benefits which are essentially political.
The United States is an illustrative case. Scholar G. Alan Tarr of Rutgers University hinted, “Despite the existence of some endemic and periodical problems, the American system of judicial federalism has largely succeeded in promoting national uniformity and subnational diversity in the administration of justice”.
Justice Sandra Day O’Connor rightly said in a 1984 paper that the U.S. Supreme Court reviews “only a relative handful of cases from state courts” which ensures “a large measure of autonomy in the application of federal law” for the State courts.
The need for a uniform judicial order across India is warranted only when it is unavoidable — for example, in cases of an apparent conflict of laws or judgments on legal interpretation.
A characteristic feature of the apex court in the recent years is general lack of dissent in issues that have serious political ramifications. Discuss.
Why in News?
In a recent address to Lok Sabha, PM while making a strong case for the privatization of PSUs, came sharply against Civil Servants.
Syllabus– GS2: Role of Civil Services in Democracy.
Role of Bureaucracy in Developmental Agenda:
Concerns with bureaucracy:
Challenges in Developmental Agendas:
Probable Solutions: –
Way Forward: –
Value addition: –
TheCrony capitalism has undermined the impartiality of the bureaucracy in implementing rules & providing desirable results. Do you agree with the statement? Supplement your answer with proper arguments.