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Q.2 What are the reasons for the pendency of cases in the Indian judiciary? What are the implications of pendency of cases related to significant constitutional matters in the Supreme Court? (15 Marks)

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Staff @CD

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Mentor’s comment-
  • https://www.thehindu.com/opinion/op-ed/the-supreme-failure/article38354697.ece
  • In the intro, mention that due to pandemic pending cases in various courts had crossed the 4.5 crore mark
  • In the body, mention the reasons for pendency-vacancies of judges, inadequate technical infrastructure, more time for disposal of cases, increase in new cases etc.

  • In the next part, mention the implications of important cases pending in the SC on fundamental rights of the citizens and our core republican values etc.

  • In the conclusion mention the need to deal with the issue of pendency on an urgent basis.

Comments

12 responses to “Q.2 What are the reasons for the pendency of cases in the Indian judiciary? What are the implications of pendency of cases related to significant constitutional matters in the Supreme Court? (15 Marks)”

  1. Anoop Sharma Avatar
    Anoop Sharma

    Order I’d #0000520807

    1. Staff @CD Avatar
      Staff @CD

      Anoop

      Good attempt, content and presentation both are fine.
      Introduction is good, causes mentioned are also fine, nice that you have used data to substantiate.
      In important cases pending, you can also mention about the constitutionality of CAA, issue of electoral bonds, other issues are good.
      In implications, you can mention some constitutional articles which are said to be violated(15, 16, 19,21 etc). Other points are good.
      Way forward is good too, need for better technology and faster investigation techniques can also be written.
      Conclusion is good, overall you have written well.
      Keep practicing. 🙂

  2. priyanka kumari Avatar
    priyanka kumari

    Order Id #0000521272

    1. Staff @CD Avatar
      Staff @CD

      Priyanka

      Introduction is fine, you can quote the report name while mentioning ranking or National Judicial Data grid about pendency for better impact.
      Reasons mentioned are also okay, some are missing- low judge to population ratio, lack of infrastructure/technology, slow and shoddy investigation process etc
      After that, first mention the important cases that are pending, then go for impacts- NEET-PG example is good, constitutionality of CAA, allegations of human rights violations in J&K, anonymity issue in electoral bonds, constitutionality of EWS reservation- all can be mentioned.
      In impacts, mention constitutional articles(15, 16, 19, 21 etc) alleged to be violated, impact on society part is good.
      Next, you have mentioned steps taken, few points regarding way forward will be good.
      Conclusion is fine.
      Keep practicing. 🙂

      5.5/15

  3. Alka Poddar Avatar
    Alka Poddar

    Razor Id-le7g8rZjJGeMT5

    1. Staff @CD Avatar
      Staff @CD

      Alka

      Decent attempt.
      Introduction is fine, you can quote National judicial data grid data for better impact.
      Reasons mentioned are good, try to keep the explanation part concise.
      Some sections are missing from the answer- mention the important cases that are pending – NEET-PG example, constitutionality of CAA, allegations of human rights violations in J&K, anonymity issue in electoral bonds, constitutionality of EWS reservation- all can be mentioned.
      Next mention the implications of this pendency- lower faith of public in judiciary, question on SC’s reputation as the guardian of justice delivery, alleged violation of fundamental rights (article 15,16,19,21 etc) and basic structure, long trial periods even in case of not guilty etc
      Way forward is fine, speeding up the investigation process can also be mentioned.
      Conclusion is good.
      Keep practicing. 🙂

      4.5/15

  4. Karun Kumar Takhele Avatar
    Karun Kumar Takhele

    ID-Ir1zuLIKkQ1gwr

    1. Staff @CD Avatar
      Staff @CD

      Karun

      Good attempt. Your understanding of the topic is good, presentation is also fine.
      Introduction is fine, good that you have mentioned some important pending cases.
      Reasons mentioned are fine, further you can talk about delayed and shoddy investigation, low budgetary allocation for judiciary etc
      Implications mentioned are also fine, again mention of data will create greater impact, further you can mention alleged violation of constitutional rights of individual(ar 15,16,19,21 etc) and basic structure.
      Undesirable consequences part is good.
      After that, you can mention a brief way forward- initiatives like e-courts, SUPACE etc, alternate dispute resolution forums, better investigation techniques, improving infra, budget allocation and filling up vacancies by fast tracking the collegium system.. NJAC can be avoided as it has been quashed by the SC.
      Then mention a conclusion, justice delayed is justice denied can be emphasized.
      Keep practicing. 🙂

      6.5/15

  5. Likhitha Patil Avatar
    Likhitha Patil

    0000513717
    Kindly review my ans

    1. Staff @CD Avatar
      Staff @CD

      Likhitha

      You have attempted well. Introduction, reasons and consequences all are good.
      Before consequences, however, mention some of the important cases that are pending – NEET-PG example, constitutionality of CAA, allegations of human rights violations in J&K, anonymity issue in electoral bonds, constitutionality of EWS reservation, legality of demonetization – all can be mentioned.
      In consequences, also add points like alleged violation of basic structure (federalism etc) and fundamental rights like equality, free speech which have a larger impact and need to be decided swiftly. Other points are good nice that you have mentioned data regarding undertrials and right to speedy justice.
      Way forward is okay, some points can be added such as faster investigation, alternate dispute redressal mechanisms if you have time, otherwise it is fine.
      Conclusion is good.
      Keep practicing. 🙂

      6.5/15

  6. Shanmugadevi Ratnasami Avatar
    Shanmugadevi Ratnasami

    #0000522061

    1. Staff @CD Avatar
      Staff @CD

      Shanmugadevi

      Nice attempt. Your understanding of the topic is good, structure of the answer is also fine.
      Introduction is good, you can mention according to National judicial data grid.
      Reasons mentioned are also decent enough, lack of budgetary allocation and slow and shoddy investigation can also be talked about.
      Cases that you have mentioned are good, recent example of delay in NEET-PG case can be included.
      Consequences are fine, but some points are missing.
      Large number of undertrials(you can quote prison data), future of youth can be mentioned. Right to speedy justice is guaranteed as a FR under article 21, so that can be mentioned. Further allegations of violations of right to equality, free speech (quoting article numbers) can be talked about.
      Way forwards is good, you can incorporate some current initiatives like e-courts, SUPACE etc
      Conclusion is fine, keep practicing. 🙂

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