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General Studies 2023 GS Paper II 10 marks 150 words Compulsory Comment

GS Paper II — Q1

"Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment. (Answer in 150 words) 10

हिंदी में प्रश्न पढ़ें

"संवैधानिक रूप से न्यायिक स्वतंत्रता की गारंटी लोकतंत्र की एक पूर्व शर्त है।" टिप्पणी कीजिए। (150 शब्दों में उत्तर) 10 marks

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Model answer

Written by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key.

Constitutionally guaranteed judicial independence is the linchpin of constitutional democracy, ensuring the rule of law and checking majoritarian excesses. The Constitution secures this bedrock through Article 50 (separation of judiciary from the executive) and Articles 124 and 217 (security of tenure, protected service conditions, and stringent removal procedures).

An autonomous judiciary protects fundamental and minority rights from executive or legislative overreach. In Kesavananda Bharati (1973), the Supreme Court declared judicial review part of the inviolable Basic Structure, establishing judicial independence as an indispensable democratic safeguard.

However, unbridled independence without accountability risks judicial overreach, reflected in the striking down of the National Judicial Appointments Commission (NJAC) and the misuse of Public Interest Litigation (PIL). Furthermore, contemporary challenges—such as executive delays in cleared judicial appointments, post-retirement assignments, and chronic judicial pendency—undermine equitable access to justice.

Ultimately, judicial independence remains a non-negotiable prerequisite to prevent democratic backsliding, but it must be balanced with institutional transparency to preserve public trust.

What "Comment" is asking you to do

Take a position on the statement and support it. Comment usually attaches to a quoted line in the short slots, so the reasoning must be compressed — an opening view, a few load-bearing reasons, and the limit of the claim.

Structure that answers it

Unpack what the statement asserts → your stance → two or three supporting reasons → the qualification that limits it

Where marks are lost

Neutral summary; a comment without a stance has not answered. Equally costly is accepting the quoted line wholesale and never testing where it fails.

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How this answer will be evaluated

Approach

Framework: GS2 Paper 2 Method. comment: context > arguments both sides > judgment > close Full marks: Clear context, balanced arguments, specific constitutional references, and a nuanced judgment.

Key points expected

  • Define judicial independence in constitutional context
  • Link independence to democratic accountability
  • Cite specific constitutional provisions (e.g., Art 50, 124)
  • Provide a balanced judgment on the 'prerequisite' claim

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

  1. The answer Contextualize the claim, present arguments for/against, and offer a balanced judgment. 10 marks · 150 words

    comment— context → arguments both sides → judgment → close

    Must cover

    • Define judicial independence in constitutional context
    • Link independence to democratic accountability
    • Cite specific constitutional provisions (e.g., Art 50, 124)
    • Provide a balanced judgment on the 'prerequisite' claim

    Loses marks

    • Reciting Articles without analysis
    • Activist tone without balanced judgment
    • Ending without reform or conclusion

    Earns more

    • Mention separation of powers doctrine
    • Reference landmark SC judgments on independence
    • Discuss challenges to judicial independence
    • Mention constitutional morality

    Extra mark

    • Cite 2nd ARC or Law Commission recommendations
    • Reference specific landmark Supreme Court judgment

Practice this exact question

Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.

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