Constitutional morality lies in restraint, not rivalry, among institutions. Analyse this in the context of judiciary–executive relations and explain how do protocol lapses disrupt constitutional balance? Suggest steps to strengthen cooperative federalism.
Kartavya Desk Staff
Topic: Structure, organization and functioning of the Executive and the Judiciary
Topic: Structure, organization and functioning of the Executive and the Judiciary
Q4. Constitutional morality lies in restraint, not rivalry, among institutions. Analyse this in the context of judiciary–executive relations and explain how do protocol lapses disrupt constitutional balance? Suggest steps to strengthen cooperative federalism. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question Recent remarks by the CJI following a protocol lapse by Maharashtra officials have reignited debates on institutional respect, constitutional conventions, and the limits of power among democratic organs. Key demand of the question The question requires analysing how constitutional morality guides judiciary–executive relations, explaining how breaches in protocol disturb the institutional balance, and suggesting reforms to uphold cooperative federalism. Structure of the Answer: Introduction Briefly introduce constitutional morality and its role in inter-institutional dignity. Body Analyse the meaning and importance of restraint in judiciary–executive relations under constitutional morality. Explain how symbolic protocol breaches weaken legitimacy, trust, and balance among institutions. Suggest practical, institutional, and legal measures to restore and reinforce cooperative federalism. Conclusion Emphasise that mutual respect and decorum are necessary for the long-term stability of India’s constitutional order.
Why the question Recent remarks by the CJI following a protocol lapse by Maharashtra officials have reignited debates on institutional respect, constitutional conventions, and the limits of power among democratic organs.
Key demand of the question The question requires analysing how constitutional morality guides judiciary–executive relations, explaining how breaches in protocol disturb the institutional balance, and suggesting reforms to uphold cooperative federalism.
Structure of the Answer:
Introduction Briefly introduce constitutional morality and its role in inter-institutional dignity.
• Analyse the meaning and importance of restraint in judiciary–executive relations under constitutional morality.
• Explain how symbolic protocol breaches weaken legitimacy, trust, and balance among institutions.
• Suggest practical, institutional, and legal measures to restore and reinforce cooperative federalism.
Conclusion Emphasise that mutual respect and decorum are necessary for the long-term stability of India’s constitutional order.