A Court divided by its own architecture (GS-II: Indian Constitution | Judiciary | Judicial Reforms | Separation of Powers)

Context : A split verdict in the challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, exposed disagreements over Bench composition, delays in constitutional adjudication and the need for structural reform in the Supreme Court.

Key Issues

• Dispute over appointment of Election Commissioners: The 2023 Act provides for a selection committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister, replacing the interim arrangement established in Anoop Baranwal v. Union of India (2023), which included the Chief Justice of India (CJI).
• Interpretation of Article 145(3): Article 145(3) requires a minimum five-judge Bench for cases involving a substantial question of law as to constitutional interpretation; the disagreement arose over whether the challenge to the new law necessarily required a Constitution Bench.
• Conflicting judicial approaches: Justice Dipankar Datta held that the issue involved applying an existing constitutional principle to a new law, while Justice Satish Chandra Sharma favoured a Constitution Bench because the Act’s constitutional validity had not previously been authoritatively decided.
• Binding precedent under Article 141: The Anoop Baranwal judgment held that appointments to the Election Commission must be insulated from exclusive executive control; determining whether the 2023 selection committee satisfies this principle raises a question of applying settled constitutional law.
• Delayed constitutional adjudication: The Anoop Baranwal case took eight years from its institution in 2015 to its decision in 2023, while the reference in State of Uttar Pradesh v. Jai Bir Singh on the meaning of “industry” remained pending for years, illustrating the cost of delayed constitutional clarification.
• The fait accompli problem: Prolonged litigation can allow officials appointed under a challenged law to oversee multiple State and general elections before its constitutional validity is finally determined, reducing the practical value of eventual judicial review.
• Fragmented judicial interpretation: The Supreme Court largely operates through two-judge Benches, increasing the possibility of differing interpretations across Benches and weakening consistency in constitutional adjudication.
• Mismatch with the Court’s original design: Article 145(3) reflects an expectation of substantial constitutional questions being heard by at least five judges, but the Court’s expansion to a sanctioned strength of 38 judges has coincided with greater reliance on small Benches and special leave petitions.
• Concentration of roster powers: The CJI, as Master of the Roster, determines Bench composition; this administrative authority can influence which judges hear important constitutional questions, making transparency and predictable rules essential for institutional confidence.
• Weak adherence to precedent: The principle of stare decisis requires courts to respect established decisions, but inconsistent application of earlier rulings can produce uncertainty and repeated litigation over settled constitutional principles.

Way Forward

• Establish a permanent Constitution Bench: A standing Bench dedicated to pure questions of constitutional law could ensure timely consideration of issues involving constitutional interpretation and reduce delays caused by assembling judges from regular Benches.
• Adopt transparent Bench-allocation rules: Constitution Bench composition should follow clear, predetermined and publicly known criteria, reducing uncertainty and strengthening confidence in the fairness of judicial administration.
• Strengthen precedent-based adjudication: Smaller Benches should consistently apply binding constitutional principles and clearly distinguish between interpreting settled law and applying it to a new statutory framework.
• Reduce delays in constitutional references: Clear timelines and institutional prioritisation for substantial constitutional questions can prevent prolonged pendency from undermining the practical effectiveness of judicial review.
• Restore the constitutional court function: The Supreme Court must balance its appellate workload with its core role as the guardian and authoritative interpreter of the Constitution, ensuring that fundamental constitutional questions are decided before their answers lose practical significance.
• Consider institutional restructuring: The Law Commission’s 229th Report (2009) proposed a permanent Constitution Bench in Delhi alongside regional Benches for ordinary appeals, offering a model for separating constitutional adjudication from routine appellate work.

Judicial independence must be accompanied by institutional consistency, transparent Bench allocation and timely constitutional adjudication to preserve the Supreme Court’s credibility as the guardian of the Constitution.

“The effectiveness of the Supreme Court as a constitutional court depends not only on judicial independence but also on consistency, timely adjudication and transparent institutional procedures.” Examine the challenges facing constitutional adjudication in India and suggest reforms. (10 marks) 

In democracy’s journey to future, Gandhi is the wise guide and co-traveller (GS-IV: Gandhi | Democracy | Social Justice | Ethical Citizenship) 

Context: Gandhi’s ideas of truth, non-violence, decentralisation and morally conscious citizenship offer a framework for addressing social inequality, media manipulation and political centralisation in contemporary democracy.

Key Challenges to Indian Democracy

• Social and economic inequality: Caste prejudice, communal stereotypes and economic disparities weaken substantive democracy, as the principle of one person, one vote cannot ensure equal influence when citizens face unequal social and economic power.
• Marginalisation of vulnerable groups: Violence and discrimination against Dalits, minorities and women, alongside the economic helplessness of the poor, are often treated as group-specific concerns rather than integral issues of national interest.
• Politically influenced media: The growing nexus between media economics and political power blurs the distinction between news and propaganda, weakening the formation of informed and independent public opinion.
• Political centralisation: Centralised power and authoritarian structures within political parties can encourage person-centric politics, weakening democratic participation and institutional accountability.
• Declining electoral morality: Voters who prioritise personal relationships or private benefits over national interests can reinforce political centralisation and undermine egalitarian democracy.

Gandhian Approach to Democratic Renewal

• Constructive institutional dissent: Gandhi believed institutions should be supported as long as they promote individual and national growth; when they obstruct progress, citizens have a moral duty to oppose them.
• Truth and non-violence: Injustice should be challenged through principled, peaceful resistance rather than retaliation, ensuring that the methods used to pursue change remain consistent with ethical objectives.
• Inclusive national interest: The concerns of the poor, Dalits, minorities and women must be recognised as national concerns, supported by a cultural and institutional framework that promotes dignity, security and equal participation.
• Informed public opinion: Gandhi regarded an awakened and intelligent public opinion as a powerful instrument against social evils, making public awareness essential for challenging discrimination, propaganda and abuse of power.
• Accountable and independent media: Peaceful collective action can demand media accountability while protecting freedom of expression, helping citizens access reliable information and form independent opinions.
• Politics of discourse: Public debate should make human emancipation, equality and social justice central to democratic life rather than allowing divisive narratives to dominate public opinion.
• Self-introspection and ethical consistency: A Satyagrahi must examine whether they themselves practise the very evils they oppose, ensuring that public action is guided by integrity and moral responsibility.
• Morally conscious electorate: Gandhi advocated an electorate that is impartial, independent and intelligent, capable of evaluating candidates on public interest rather than private relationships or personal benefits.
• Decentralised and participatory democracy: Gandhi’s emphasis on humane, inclusive and decentralised institutions supports wider citizen participation and limits excessive concentration of political power.

Way Forward

• Institutionalise social inclusion: Public policy and institutional culture should recognise the marginalisation of vulnerable groups as a national concern, strengthening substantive equality alongside political equality.
• Promote media literacy and accountability: Citizens should develop the capacity to distinguish information from propaganda, while collective accountability initiatives must respect freedom of expression.
• Strengthen ethical citizenship: Civic education, self-reflection and public participation can cultivate truthfulness, tolerance, impartiality and responsibility among citizens and political representatives.
• Encourage peaceful democratic action: Satyagraha-inspired collective action and public discourse can challenge injustice without normalising violence or abandoning democratic principles.
• Deepen electoral morality: Informed voting, independent judgement and prioritisation of public welfare can help make democracy more inclusive and reduce dependence on personalised political relationships.

For Gandhi, democracy is not merely a system of elections; it is an ethical way of life founded on truth, non-violence, social inclusion, informed citizenship and resistance to unjust power.

“Gandhian principles of truth, non-violence and morally conscious citizenship remain relevant in addressing social inequality, media influence and political centralisation in contemporary India.” Discuss. (10 marks)

Doomscrollers become doomreaders

• Singapore’s government has launched a gamified reading initiative to encourage people to replace doomscrolling (excessive consumption of negative or endless online content) with reading books. Participants can earn small monetary rewards by recording daily reading sessions of at least 15 minutes on a government website. 
• The initiative aims to use behavioural nudges to develop reading habits, reduce excessive screen time and promote a reading culture. Its long-term success will depend on whether people continue reading after the incentives are withdrawn.

Captain Smit Machchhar : An Example of Fortitude

• Captain Smit Machchhar exemplified courage and fortitude when he continued to act despite being seriously wounded after his co-pilot allegedly attacked him aboard Flydubai flight FZ1073.
•  His presence of mind and determination enabled him to open the cockpit door, allowing passengers and crew to overpower the attacker and helping prevent a potential disaster.
• The incident illustrates that true courage is not the absence of fear or pain, but the ability to act responsibly in the face of danger. 
• His actions reflect fortitude, professional commitment and a strong sense of duty towards the lives entrusted to his care.