Judicial recall powers must remain exceptional to preserve institutional finality. Explain the constitutional limits on the Supreme Court of India’s review jurisdiction. Assess the institutional concerns that emerge from increased reliance on Article 137.
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
Q3. Judicial recall powers must remain exceptional to preserve institutional finality. Explain the constitutional limits on the Supreme Court of India’s review jurisdiction. Assess the institutional concerns that emerge from increased reliance on Article 137. (10 M)
Difficulty Level: Medium
Reference: IE
Why the question Asked in the backdrop of the Supreme Court of India recalling recent judgments, raising debates on the limits of Article 137 and the need to maintain judicial finality. Key Demand of the question Explain constitutional restraints on the Supreme Court’s review jurisdiction and assess institutional risks emerging from increased use of Article 137, while addressing the statement on exceptional recall powers. Structure of the Answer Introduction Briefly introduce the importance of judicial finality and why recall powers must remain exceptional. Body Address the statement by giving broad idea on why exceptional recall powers are essential. Explain on constitutional limits placed on the Supreme Court’s review jurisdiction. Provide about assessing the institutional concerns linked to rising reliance on Article 137. Conclusion Give a short, forward-looking line emphasising the need for disciplined use of review powers to preserve institutional legitimacy.
Why the question Asked in the backdrop of the Supreme Court of India recalling recent judgments, raising debates on the limits of Article 137 and the need to maintain judicial finality.
Key Demand of the question Explain constitutional restraints on the Supreme Court’s review jurisdiction and assess institutional risks emerging from increased use of Article 137, while addressing the statement on exceptional recall powers.
Structure of the Answer
Introduction Briefly introduce the importance of judicial finality and why recall powers must remain exceptional.
• Address the statement by giving broad idea on why exceptional recall powers are essential.
• Explain on constitutional limits placed on the Supreme Court’s review jurisdiction.
• Provide about assessing the institutional concerns linked to rising reliance on Article 137.
Conclusion Give a short, forward-looking line emphasising the need for disciplined use of review powers to preserve institutional legitimacy.