Instruction:
Question #1. Give an account of the evolution of relationship between Fundamental Rights and DPSPs in light of some of the judgments of the Supreme Court.
Question #2. Discuss the need for Criminal justice reforms in India. Also, explain how the Supreme Court judgments have established a new legal precedent of making system reform-oriented rather than punishment-oriented.
(Examiner will pay special attention to the candidate's grasp of his/her material, its relevance to the subject chosen, and to his/ her ability to think constructively and to present his/her ideas concisely, logically and effectively).
STEPS & INSTRUCTIONS for uploading the answers
Step 1 - The Question for the day is provided below these instructions. It will be available at 7:00 AM.
Step 2 - Uploading of Answers : Write the answer in A4 Sheet leaving proper margins for comments and feedback and upload the PDF in MY ACCOUNT section. Click on the option of SUBMIT COPY to upload the PDF.
Step 3 - Deadline for Uploading Answers: The students shall upload their answers by 7:00 PM in the evening same day. The first 50 copies will be evaluated.
Step 4 - Feedback : Mentors will give their feedback for the answers uploaded. For more personalised feedback, join our telegram channel by clicking on the link https://t.me/mains_answer_writing_cse . A one-to-one session will be conducted with the faculty after copy evaluation in 72 Hrs.
Question #1. Give an account of the evolution of relationship between Fundamental Rights and DPSPs in light of some of the judgments of the Supreme Court.
Approach:
Hints:
Supreme Court in KC Ranjeevan case 1991 held that the fundamental rights and Directive principles of the State policy together constitute the core and conscience of the Constitution. The fundamental rights are justifiable political rights and DPSP are the socio economic goals which the state must strive to attain.
Evolution of relationship between Fundamental Rights and DPSPs:
Conclusion:
In recent times, the horizon of FR has been broadened. Liberal interpretation of Articles is seen like article 21 to include rights like right to clean environment, right to live with dignity, etc. On the same lines, DPSP are being implemented. Eg., Right to livelihood under MNREGA, Right to Education, Right to Health. On the other hand, the social environment in the country is not conducive for implementation of some of the DPSP like Uniform Civil Code.
Thus, the emerging relationship between Fundamental Rights and Directive Principles of State Policy has balanced the social interest and individual interest and has further strengthened the core of the Indian constitution.
Question #2. Discuss the need for Criminal justice reforms in India. Also, explain how the Supreme Court judgments have established a new legal precedent of making system reform-oriented rather than punishment-oriented.
Approach:
Hints:
The Criminal Justice System (CJS) encompasses a series of institutions, agencies, and processes established by the government to curb crime in the nation. The purpose of a criminal justice system is to preserve and defend the rule of law, maintenance of order, speedy trial, penalization of offenders, rehabilitation of offenders through the judicial system, and solace to victims of crimes, etc. The current criminal justice system is affected by various loopholes and faults.
The Prison Statistics brought out by the National Crime Records Bureau (NCRB) clearly demonstrates the need of reforms. According to the report, more than 66% of India’s prisoners are under trials and more than 80% of reported crimes went unpunished due to several reasons and the loopholes in the present criminal justice system.
Issues with the criminal justice system:
Role of Supreme Court judgments in criminal justice system reforms:
Conclusion:
The Criminal Justice System in India is currently in a state of uncertainty and is highly unpopular due to its inefficiency. The reforms in India’s Criminal Justice System are a need of the hour. The government needs to draft a clear policy that can inform changes in the Indian Penal Code and Code of Criminal Procedures. The reforms should not only make CJSI more efficient but also be sensitive to both the innocent and the needs of the law enforcement officers. Penal code should be modified to incorporate the present-day societal, economic, and other changes.
Proper investigation of crimes, rationalisation of court systems by inducting technology, and limiting appeal procedures to a minimum is the need of the hour. The system should be victim-centric to ensure that the victims get justice. And finally, all the important recommendations of the Malimath committee and the Prakash Singh Case judgment should be implemented.
Interpretation of the Constitution is one of the most important functions of the Supreme Court. It not only helps in clearing ambiguity over the provision of our fundamental law but also acts as a law in itself. The decisions on Supreme help in the Elaboration of answers and have gained in importance taking into consideration the demand of the questions asked by UPSC.
Verifying, please be patient.