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Judiciary in Maintaining constitutional democracy UPSC NOTE

 Recent Judicial Decisions

Electoral Bonds:

  • On February 15, the Supreme Court declared electoral bonds unconstitutional, emphasizing the public's right to know over anonymity in political funding.

Bail for Arvind Kejriwal:

  • On May 10, the Court granted interim bail to Delhi Chief Minister Arvind Kejriwal, rejecting claims that the decision favored politicians.

Bail for Prabir Purkayastha:

  • On May 15, the Court granted bail to Prabir Purkayastha, founder of NewsClick, citing the lack of written communication of arrest grounds.


Reactions to the Decisions

Challenge to State Excesses:

  • These decisions challenge state actions and have negatively impacted the ruling BJP, which benefited from the existing conditions these rulings addressed.

Perception of Judicial Independence:

  • While these rulings are seen as positive for judicial autonomy, they have also led to criticisms that the Supreme Court is stepping out of line with the executive.

Public and Media Reaction

Digital Media Commentary:

  • Public hearings on significant issues are now live-tweeted and streamed, leading to immediate commentary and sometimes abuse of the judiciary.

Criticism and Campaigns:

  • Some view the judiciary as a colonial relic, while others believe that judicial decisions challenge authoritarian views. 

  • This has led to digital campaigns aimed at undermining the Court's legitimacy.

Analysis of Digital Campaigns

Study by Joyojeet Pal and Sheyril Agarwal:

  • They found that attacks on the judiciary spike when the Chief Justice makes decisions against BJP interests.

  • These attacks are often driven by digital influencers aligned with the BJP, who aim to shift control from the judiciary to the executive.

Challenges Facing the Judiciary

Public Distrust:

  • Public frustration with slow justice, judicial nepotism, and lack of diversity fuels attacks on the judiciary.

Organized Online Campaigns:

  • Coordinated campaigns use social media to ridicule and delegitimize judicial decisions, often omitting the roles of police and politicians.

Recommendations for the Judiciary

Restoring Trust:

  • The judiciary must improve service delivery, increase diversity in appointments, and strengthen its counter-majoritarian role to regain public trust.

Countering Misinformation:

  • The judiciary and legal community need to actively counter misinformation and propaganda with honest communication about judicial processes.

Recognizing the Judiciary's Role:

  • The public should see the judiciary as a protector of constitutional rights, despite its imperfections.


Conclusion

  • The focus should be on maintaining judicial independence and resisting the centralization of power, regardless of political outcomes.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Judiciary in Maintaining constitutional democracy UPSC NOTE
Judiciary in Maintaining constitutional democracy UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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