Conquer Mains 2024 | Indian Polity By Sarmad Mehraj | UPSC Mains Exam 2024
Unacademy IAS: English・2 minutes read
Unacademy offers Conquer Mains for civil services aspirants preparing for Mains 2024, focusing on answer writing and advanced-level teaching, with a tri9 course fee. Topics cover independence of the Judiciary, regional Supreme Court benches, the Curative petition concept, and judicial appointments under the collegium system, emphasizing the Primacy of Judiciary, separation of powers, and challenges like pendency due to loopholes in laws and shortages of judges.
Insights
- Unacademy offers the Conquer Mains program for civil services aspirants preparing for Mains 2024, focusing on advanced teaching and answer writing, initially on YouTube and later exclusively on the Unacademy app.
- The program covers topics like the independence of the Judiciary, reducing government litigation, setting up regional Supreme Court benches, and the concept of Curative petitions, emphasizing the importance of judicial appointments, the collegium system, and the NJAC.
- Addressing the backlog of cases in the Indian Judiciary requires adopting global best practices, digitizing records, using technology for case management, and exploring alternative dispute resolution mechanisms, highlighting the need for a multifaceted approach involving Judiciary, government, and Civil Society.
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What is Unacademy's Conquer Mains program?
A platform for civil services aspirants preparing for Mains 2024.
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Summary
00:00
"Unacademy Conquer Mains 2024 Program Overview"
- Unacademy is a platform for civil services aspirants, offering a program called Conquer Mains for those preparing for Mains 2024.
- The program focuses on advanced-level teaching and answer writing, initially available on YouTube before moving exclusively to the Unacademy app.
- To enroll, a course fee of tri9 is required, providing access to the Mains 2024 program.
- Notes for better answer writing in Mains 2024 will be shared at the end of sessions on the instructor's Telegram channel.
- The program is beneficial for Mains 2024 candidates but can also be viewed by those preparing for Mains in the following year.
- Topics covered include the independence of the Judiciary, reducing government litigation, setting up regional Supreme Court benches, and the concept of Curative petitions.
- Important judicial judgments and the doctrine of essentiality are also discussed.
- Independence of the Judiciary involves insulating judges from social pressures and inherent biases, ensuring fair and unbiased judgments.
- Judicial appointments, particularly the collegium system, are crucial, with the Supreme Court emphasizing the Primacy of Judiciary in appointments as part of the Constitution's basic structure.
- Arguments for and against the collegium system are examined, highlighting the role of judges in judicial appointments and the concept of separation of powers.
19:54
"Reforming Judiciary for Efficient Justice Delivery"
- NJAC system consists of Chief Justice of India, two senior judges, law Minister, and two eminent persons from Civil Society.
- Arguments in favor of collegium system emphasize the need to insulate Judiciary from the executive and legislative branches.
- Arguments against collegium system highlight concerns about Judiciary transforming into a super legislature and judicial legislation.
- NJAC aimed to rebalance powers but faced challenges due to concerns about the independence of Judiciary.
- Doctrine of checks and balances led to the appointment of judges by the executive and removal based on a resolution passed by the legislature.
- Judicial Independence was safeguarded through various provisions like salaries charged on Consolidated funds and complex removal processes.
- Pendency of cases in Indian courts is attributed to loopholes in laws, frequent adjournments, acute shortage of judges, and underutilization of technology.
- Suggestions from committees like the Malimath Committee and Law Commission of India include increasing the number of judges, using technology for case management, and exploring alternate dispute resolution mechanisms.
- The National Court Management System recommended digitizing records and implementing a national grid of court data for better case management.
- Addressing the backlog of cases is crucial to uphold the rule of law and ensure timely Justice delivery, with a focus on adopting global best practices and committee recommendations.
41:01
"Digitize Records, Virtual Hearings: Clearing Backlogs"
- Typewriters are still used to create case files for appeals, suggesting a need to digitize records and use video conferencing for hearings to reduce delays caused by logistical issues.
- During COVID-19, courts functioned virtually, indicating the feasibility of making virtual hearings a norm, especially in civil cases.
- The AERS committee, chaired by Justice Malat, recommended measures like appointing retired judges to clear backlogs and simplifying procedural laws.
- Judges from the Andhra Pradesh High Court stated that even working continuously for 24 hours, 365 days a year, it would take over 300 years to clear the backlog, emphasizing the need for alternative solutions like appointing retired judges.
- Best practices from other countries, such as the United States' PESA system, which allows online access to case information, can reduce the need for physical presence and speed up legal processes.
- The UK's ADR system and Singapore's multi-door Courthouse approach showcase efficient methods like mediation and e-filing to resolve disputes outside traditional courts.
- Australia's Civil Dispute Resolution Act encourages resolving disputes outside court and setting up tribunals for minor disputes to expedite the legal process.
- Resolving the pendency of cases in the Indian Judiciary requires a multifaceted approach, including implementing recommendations from committees, adopting best practices from other countries, and concerted efforts from the Judiciary, government, and Civil Society.
- Government litigation contributes significantly to case backlogs, with the government being the biggest litigant, necessitating measures to reduce such litigation to streamline the judicial process.
- Setting up regional benches of the Supreme Court in India is advocated for accessibility, reducing backlog, providing speedier justice, localized understanding, decentralization of power, and reinforcing the Federal structure, although concerns about credibility and dilution of the Supreme Court's authority exist.
01:02:46
Challenges of Regional Supreme Court Benches in India
- Setting up Regional benches of the Supreme Court in India raises concerns about diluting national character and potentially leading to inconsistent judicial verdicts.
- Logistical challenges include the need for significant resources to establish infrastructure, manpower, finances, and national Court Management Systems for Regional benches.
- Coordination and consistency issues may arise with multiple Regional benches, impacting the uniformity of judgments.
- Centralized Supreme Court is deemed important for ensuring uniformity in judgments and maintaining judicial quality across different regions.
- Decentralizing the case management system with Regional benches could lead to administrative inefficiency and bureaucratic expansion.
- Administrative hurdles and increased bureaucratic layers with Regional benches may slow down the decision-making process.
- Various committees have provided insights and recommendations on the multifaceted debate over setting up Regional benches of the Supreme Court in India.
- Judicial holidays have been criticized for contributing to case pendency, with the Supreme Court functioning for 193 days a year and high courts for 210 days.
- Judges utilize holidays for research and writing judgments, contributing to the efficiency of the judicial system.
- The Curative petition allows for a review of judgments based on specific grounds, ensuring finality of justice while upholding principles of natural justice.
01:24:06
Balancing Religious Freedom in India: Essentiality Doctrine
- The doctrine of essentiality is invoked in cases like Shabri Malai and Shirur M to determine which religious practices are essential and merit constitutional protection under articles 25 and 26.
- The doctrine has sparked debates among civil society and constitutional experts due to its significance in protecting genuine religious practices in India.
- Arguments in favor of the doctrine include protecting core religious principles, ensuring a secular state, and aligning with individual rights without endorsing a specific religion.
- Arguments against the doctrine question the competence of judges in deciding theological issues and criticize judicial involvement in religious matters.
- Concerns about inconsistency and subjectivity in determining essential religious practices are raised, impacting religious autonomy and individual liberty.
- Suggestions for addressing these concerns include a constitutional amendment, formation of religious expert panels, legislative clarity, and promoting interfaith dialogue.
- The doctrine of essentiality plays a crucial role in balancing religious freedom with secular objectives, but its application raises concerns about judicial overreach and inconsistency.
- By considering constitutional amendments, enhancing legislative clarity, and promoting interfaith dialogue, India can move towards a more respectful approach to adjudicating religious matters while upholding constitutional values.
