THE GIST of Editorial for UPSC Exams : 14 May 2020 (Justice deferred (Indian Express))

Justice deferred (Indian Express)

Mains Paper 2: Polity
Prelims level: Not much
Mains level: Judicial review

Context:

• The Supreme Court order on Monday declining pleas for restoration of 4G internet services in Jammu and Kashmir is disturbing for several reasons.
• The continued denial of such services in the lockdown constitutes a special injustice to a people deprived of fundamental freedoms since the Centre’s August 5 2019 decision to abrogate Article 370 — the present 2G service is not enough for children to access online classes, or for patients to consult doctors, or for businesses dependent on online transactions.

Delay and evasion:

• But the SC order is also troubling because it appears to be part of a broader pattern of delay and evasion, and passing the buck, in cases that touch upon fundamental rights and crucial policy issues — in ways that amount, effectively, to giving the political executive the benefit of the doubt.
• Monday’s order, for..........................

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Delicate balance is must:

• There is no doubt that in Jammu and Kashmir , imperatives of national security need to be factored in, a delicate balance must be struck. But the process of doing so must be both judicious and judicial.
• More generally, while executive assessments are a crucial input, they cannot be the only, or unquestioningly, the last word, in cases that involve constitutional principle and law.
• By throwing the ball on internet access back to a government-led committee, and by its delay in taking up cases of habeas corpus in Kashmir, the court has given the executive a free pass, instead of acting as a check and balance on executive power.

Conclusion:

• The apex court is the custodian of fundamental liberties and the fiercely independent upholder of the letter and spirit of the Constitution.
• That it should be seen to display a lack of urgency on important cases where the executive needs to do the explaining is disappointing and dispiriting.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q1. With reference to the NSafe mask, consider the following statements:
1. An IIT Delhi startup ‘Nanosafe Solutions’ has launched an antimicrobial and washable face mask ‘NSafe’.
2. It has 99.2% bacterial filtration efficiency (at 3 microns) and complies with ASTM standards of breathability and splash resistance.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer:............................?

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Mains Questions:
Q1. There is no doubt that in Jammu and ...............................?