Judicial Milestones and Challenges: Supreme Court’s Evolving Role in 2024 and Beyond
(Source: Indian Express; Section: Explained; Page: 13)
| Topic: GS2 – Polity – Judiciary |
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Analysis of News:
Judicial Trends in 2024: A Shift in Approach
- The Supreme Court’s approach in 2024 marked a shift from earlier criticisms of “judicial evasion.”
- Significant verdicts included striking down the electoral bonds scheme, curbing illegal demolitions, and granting bail in politically sensitive cases.
- Long-pending constitutional issues, such as the minority status of Aligarh Muslim University and industrial alcohol taxation, were also addressed.
- These actions indicate an effort to uphold judicial independence and address systemic issues despite political pressures.
Challenges for 2025: Short Tenures of CJIs
- The Supreme Court faces administrative challenges in 2025 with three Chief Justices occupying the position in succession.
- Short tenures could limit continuity in addressing institutional issues like pendency and reforms.
- Justice Chandrachud’s digital infrastructure overhaul, however, sets a precedent for leveraging technology to enhance transparency and efficiency.
Religious Disputes and Pending Cases
- Places of Worship Act: The constitutional challenge to the 1991 Act, which freezes the religious character of places of worship as of 1947, raises critical questions on secularism and judicial review.
- Hijab Ban: A three-judge Bench will revisit the split verdict on Karnataka’s headscarf ban, addressing personal liberty versus essential religious practices.
- Essential Religious Practice Test: The review of the doctrine’s application will influence cases involving Parsi women’s rights and Muslim women’s entry into mosques.
Societal and Legal Issues
- Citizenship Act Challenge: The exclusion of Muslims in the Citizenship (Amendment) Act, 2019, raises concerns about equality and secularism. The SC’s framing of citizenship in terms of fraternity and plurality will be pivotal.
- Marital Rape Exception: The debate over criminalizing non-consensual sex within marriage continues to spark discussions on women’s autonomy and legal protections.
Revisiting Enforcement Directorate’s Powers
- The SC’s recent rulings mandating procedural safeguards in ED cases and the pending review of the Vijay Madanlal Choudhary judgment signal increased scrutiny of the agency’s expansive powers, impacting investigations and arrests.
Key Legislative and Policy Developments
- New Criminal Laws: The replacement of colonial-era laws introduces progressive changes but raises concerns about sedition laws, detention periods, and the exclusion of protections under Section 377. Judicial review of these provisions will shape their implementation.
- Uniform Civil Code: The implementation of UCC in Uttarakhand and other BJP-ruled states brings contentious provisions into focus, particularly around live-in relationships and personal law. Judicial scrutiny will test the balance between state authority and individual rights.
Outlook: Balancing Law and Politics
- The Supreme Court in 2025 will continue to navigate politically charged cases and legislative challenges, testing its role as the guardian of constitutional values amid shifting socio-political dynamics.
| What measures can be taken to reform the Judiciary? | |
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Practice Question: Evaluate the Supreme Court’s role in addressing politically sensitive cases and constitutional challenges in 2024, highlighting its impact on judicial independence and the balance of power between the judiciary and the executive. (250 words/15 m) |
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