“The growing use of Suo motu jurisdiction reveals both the promise and peril of judicial paternalism”. Discuss.
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. “The growing use of Suo motu jurisdiction reveals both the promise and peril of judicial paternalism”. Discuss. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question: Supreme Court’s suo motu cognisance of the stray dog menace and other recent civic issues, the question tests understanding of the evolution, utility, and risks of judicial interventions beyond traditional litigation. Key Demand of the question: The question demands an analysis of both the positive impacts (promise) and the negative consequences (peril) of suo motu jurisdiction, especially in the context of judicial paternalism or overreach. Structure of the Answer: Introduction Define suo motu jurisdiction and judicial paternalism with a reference to its increasing usage in civic and governance failures. Body Explain how suo motu jurisdiction promotes constitutional rights, fills governance gaps, and expands access to justice. Discuss the concerns around judicial overreach, undermining of separation of powers, and lack of policy expertise. Suggest ways to institutionalise checks, ensure balance, and enhance executive and legislative accountability. Conclusion Assert that suo motu jurisdiction must act as a catalyst for institutional reform, not a substitute for executive governance.
Why the question: Supreme Court’s suo motu cognisance of the stray dog menace and other recent civic issues, the question tests understanding of the evolution, utility, and risks of judicial interventions beyond traditional litigation.
Key Demand of the question: The question demands an analysis of both the positive impacts (promise) and the negative consequences (peril) of suo motu jurisdiction, especially in the context of judicial paternalism or overreach.
Structure of the Answer:
Introduction Define suo motu jurisdiction and judicial paternalism with a reference to its increasing usage in civic and governance failures.
• Explain how suo motu jurisdiction promotes constitutional rights, fills governance gaps, and expands access to justice.
• Discuss the concerns around judicial overreach, undermining of separation of powers, and lack of policy expertise.
• Suggest ways to institutionalise checks, ensure balance, and enhance executive and legislative accountability.
Conclusion Assert that suo motu jurisdiction must act as a catalyst for institutional reform, not a substitute for executive governance.