THE GIST of Editorial for UPSC Exams : 23 March 2020 (Judicious activism, not judicial activism: Time for judiciary to practice constitutional morality(Indian Express))

Judicious activism, not judicial activism: Time for judiciary to practice constitutional morality(Indian Express)

Mains Paper 2:Polity 
Prelims level:  Judicious activism
Mains level:Judicious activism and its major challenges 

Context:

• The global and Indian economies reel under the Covid-19 pressure, so it is necessary to assess the overall economic slowdown.
• The judiciary should practice the constitutional morality with respect to its own power of constitutional review of economic policies.

Government’s priority:

• The Indian government wants to improve India’s profile in the World Bank’s Ease of Doing Business (EoDB) index.
• It wants to do so to yield better external and internal investments, which are a shot in the arm that the Indian economy certainly needs.
• In its efforts to improve investor confidence, it has introduced numerous legislations that provide boost to its rank on the EoDB index. 

In what parameter does India lag?

• Under the parameter of “enforcing contracts”, India continues to lag behind even lesser economies. 
• This parameter, while looking at dispute resolution capacities, reveals the challenges that a litigant faces in the Indian judicial system.
• Delays and procedural breakdowns, lack of adequate remedy or proper enforceability of a judicial decree. 

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Remedy taken by the Parliament:

• It enacted amendments to the Arbitration and Conciliation Act, 1996, and the Commercial Courts Act, 2015. 
• Primarily, both these legislations aim at improving commercial litigation, especially those involving higher economic stakes. 
• Yet, no mechanism or legislation comprehensively addresses resolution of disputes pertaining to vital infrastructure development projects.

What is the debate? 

• A debate is on how far courts can intervene in developmental and economic policies of the state to balance divergent interests.
• There is also a debate on whether contemporary jurisprudence is emblematic of more amped up and overzealous judicial activism. 
• If there is any violation alleged against the governments undertaking such development exercises, they wind up in constitutional courts through the PIL route. 
• Once there, these projects have the unfortunate tendency of beleaguering pendency.

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Should courts sit in review of these policies?

• Judicial review and the oversight of courts are an inherent check and balance prescribed by the Indian Constitution. 
• However, the apex court itself has upheld that when conducting a constitutional review, the courts must limit it to constitutionality.
• It added that the courts should not delve into the intent of such policies, unless it is prima facie established to be born of mala fide intent. 
• There are instances of excessive judicial activism that are viewed as stumbling blocks impeding a booming economy.
• It is within this larger debate on the powers of judicial review and intervention that injunctions emerge as the central contention. 

What would be the effect of injunctive orders?

• Injunctive orders have the capacity to offset developmental plans in motion, and their cost implications are significant. 
• The Economic Survey of 2017-18 quantifies the costs of such delays. 
• The cumulative value of multiple projects snagged by injunctions and interim orders was pegged at Rs 52,000 crore (in March 2017). 
• On an average, such injunctions would remain in effect for over four years, thus causing severe delays.
• In turn, it would add the overrun costs to the development projects. 

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1)With reference to the disposal of bodies, consider the following statements:

1. For infectious diseases, the World Health Organisation (WHO) prescribes various biosafety levels (BSL) with bodies, medical gear and disposables.
2. For bodies of dead COVID-19 patients, the WHO is mandating BSL-3.

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........................

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Mains Questions:
Q.1) What is the government’s priority regarding Judicial Activism?What did the Parliament do to remedy these ills?