In the absence of State support, courts often prescribe welfare remedies. Analyse the role of judiciary in addressing social protection failures. Evaluate if this undermines executive accountability.
Kartavya Desk Staff
Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries
Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries
Q3. In the absence of State support, courts often prescribe welfare remedies. Analyse the role of judiciary in addressing social protection failures. Evaluate if this undermines executive accountability. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question The Supreme Court’s 2025 ruling in the POCSO case using Article 142 highlighted the judiciary’s expanding welfare role in response to executive failure, raising questions on accountability and separation of powers. Key Demand of the question The question demands an analysis of how the judiciary fills welfare delivery gaps due to State failure, and a balanced evaluation of whether such actions weaken the executive’s constitutional accountability. Structure of the Answer: Introduction Mention how the judiciary acts as a rights enforcer when State institutions fail, referencing recent POCSO-related intervention. Body Show how the judiciary ensures protection of fundamental rights and delivers complete justice when executive mechanisms fail. Evaluate both positive and negative impacts of such judicial interventions on executive accountability. Provide way forward: codify limits to judicial powers, strengthen executive delivery systems, institutionalise judicial-executive coordination, and empower statutory watchdogs. Conclusion Suggest that while judicial actions may be necessary, systemic strengthening of executive institutions is essential for long-term governance balance.
Why the question The Supreme Court’s 2025 ruling in the POCSO case using Article 142 highlighted the judiciary’s expanding welfare role in response to executive failure, raising questions on accountability and separation of powers.
Key Demand of the question The question demands an analysis of how the judiciary fills welfare delivery gaps due to State failure, and a balanced evaluation of whether such actions weaken the executive’s constitutional accountability.
Structure of the Answer:
Introduction Mention how the judiciary acts as a rights enforcer when State institutions fail, referencing recent POCSO-related intervention.
• Show how the judiciary ensures protection of fundamental rights and delivers complete justice when executive mechanisms fail.
• Evaluate both positive and negative impacts of such judicial interventions on executive accountability.
• Provide way forward: codify limits to judicial powers, strengthen executive delivery systems, institutionalise judicial-executive coordination, and empower statutory watchdogs.
Conclusion Suggest that while judicial actions may be necessary, systemic strengthening of executive institutions is essential for long-term governance balance.