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Executive & Judiciary
GS-II: Constitution, Governance, Social Justice & IR
Useful for: UPSC Civil Services
Overview
The executive governs through the Council of Ministers and Governors in states; the judiciary checks executive action while guarding its own independence.
Key points
- Shamsher Singh (1974) confirmed that the President and Governors act on ministerial advice except where discretion is provided.
- Article 163 allows Governors limited discretion; Article 200 lets them reserve bills for the President.
- Nabam Rebia (2016) limited the Governor’s discretion in summoning and dissolving the assembly.
- Judicial independence rests on security of tenure, salaries charged on the Consolidated Fund and the collegium system.
- Judicial accountability concerns include pendency, transparency of appointments and absence of a strong complaints mechanism.
- Judicial activism has expanded rights (PILs) but can blur boundaries.
Practice MCQs
From the perspective of definition and scope, which one of the following statements about Executive & Judiciary is correct?
- Judicial independence means courts are institutionally unaccountable in every respect.
- Executive & Judiciary is unrelated to institutions, processes or real-world applications.
- Executive & Judiciary has no exceptions or limitations in exam analysis.
- The political executive provides democratic direction while the permanent executive supplies continuity and administrative expertise.
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Answer: (d) The political executive provides democratic direction while the permanent executive supplies continuity and administrative expertise.. The political executive provides democratic direction while the permanent executive supplies continuity and administrative expertise.
Consider the following statements on Executive & Judiciary, focusing on definition and scope: 1. The political executive provides democratic direction while the permanent executive supplies continuity and administrative expertise. 2. Judicial independence means courts are institutionally unaccountable in every respect. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
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Answer: (a) 1 only. Statement 1 is correct; Statement 2 is a common misconception.
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