Topper’s Copy

GS2

Indian Polity

10 marks

Discuss the constitutional and judicial significance of Justice Surya Kant’s role in landmark cases such as the abrogation of Article 370 and the electoral bonds scheme in the context of judicial independence in India.

Student’s Answer

Evaluation by SuperKalam

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Score:

3.5/10

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3
6
10

Demand of the Question

  • Constitutional significance of Justice Surya Kant's role in landmark cases
  • Judicial significance of his contributions
  • Context of judicial independence in India
  • Specific analysis of Article 370 abrogation and electoral bonds cases

What you wrote:

Justice Kant, the member of Five-judge constitution bench, upholding the abrogation of Article 370 in 2023, comes from a non-elite background and steady progression through the judiciary reflects his career merit. His significant contributions through landmark cases like abrogation of Article 370 and electoral bonds scheme highlight the eminent functions of Indian judicial system.

Justice Kant, the member of Five-judge constitution bench, upholding the abrogation of Article 370 in 2023, comes from a non-elite background and steady progression through the judiciary reflects his career merit. His significant contributions through landmark cases like abrogation of Article 370 and electoral bonds scheme highlight the eminent functions of Indian judicial system.

Suggestions to improve:

  • Could begin with constitutional context (e.g., "Article 124 establishes Supreme Court's role as constitutional guardian, with judicial independence being fundamental to democratic governance")
  • Can highlight the significance of these cases in strengthening constitutional democracy and separation of powers

What you wrote:

Abrogation of Article 370

1) Justice Suryakant was a member of the bench which declared to recognise the state and its special status. It reaffirms the doctrine of parliamentary sovereignty and power of constitutional amendment.

2) It showcases the power of Supreme court in verifying major state reconfigurations. By being a part of this crucial decision, Justice Kant underscores the role of judiciary in maintaining the rule of law even in politically sensitive national context.

Abrogation of Article 370

1) Justice Suryakant was a member of the bench which declared to recognise the state and its special status. It reaffirms the doctrine of parliamentary sovereignty and power of constitutional amendment.

2) It showcases the power of Supreme court in verifying major state reconfigurations. By being a part of this crucial decision, Justice Kant underscores the role of judiciary in maintaining the rule of law even in politically sensitive national context.

Suggestions to improve:

  • Could discuss constitutional significance (e.g., "upheld Parliament's power under Article 370(3) to abrogate special status, reinforcing constitutional supremacy over regional autonomy")
  • Can analyze judicial independence angle (e.g., "despite political sensitivity, the bench maintained constitutional objectivity, demonstrating judiciary's independence from executive influence")
  • Could mention the doctrine of constitutional morality applied in balancing national integration with federal principles

What you wrote:

Electoral Bonds Scheme: J.Kant was part of the bench that struck down the electoral bonds scheme on the ground that it violated citizen's right to information and transparency in political funding.

1) J. Kant being a part with board members ensured that even money in politics is subject to transparency & accountability etc.

Electoral Bonds Scheme: J.Kant was part of the bench that struck down the electoral bonds scheme on the ground that it violated citizen's right to information and transparency in political funding.

1) J. Kant being a part with board members ensured that even money in politics is subject to transparency & accountability etc.

Suggestions to improve:

  • Could elaborate constitutional significance (e.g., "struck down under Article 19(1)(a) - right to information, establishing that electoral transparency is fundamental to democratic governance")
  • Can discuss judicial independence (e.g., "decision against government's flagship scheme demonstrated judiciary's willingness to check executive overreach in electoral matters")
  • Could mention impact on constitutional morality in elections and strengthening of democratic institutions

What you wrote:

Justice Surya Kant’s role in landmark cases like the abrogation of Article 370 and the Electoral Bonds judgment reflects the judiciary’s vital function as the guardian of constitutional values. His balanced yet assertive approach in politically sensitive matters underscores the strength of judicial independence in India. These verdicts not only reaffirm the supremacy of the Constitution over transient political interests but also enhance public faith in the judiciary as the ultimate protector of democracy, transparency, and the rule of law.

Justice Surya Kant’s role in landmark cases like the abrogation of Article 370 and the Electoral Bonds judgment reflects the judiciary’s vital function as the guardian of constitutional values. His balanced yet assertive approach in politically sensitive matters underscores the strength of judicial independence in India. These verdicts not only reaffirm the supremacy of the Constitution over transient political interests but also enhance public faith in the judiciary as the ultimate protector of democracy, transparency, and the rule of law.

Suggestions to improve:

  • Can conclude with specific judicial independence context (e.g., "Justice Kant's decisions exemplify how collegium system enables judges to decide without executive pressure, reinforcing constitutional independence envisioned in Articles 124-147")
  • Could reference broader implications for judicial independence (e.g., "these verdicts strengthen public confidence in judiciary's autonomy, essential for constitutional democracy's survival")

Your answer demonstrates good awareness of the cases but needs stronger constitutional analysis and explicit discussion of judicial independence. The factual foundation is present, but deeper constitutional significance and judicial independence context require development to fully address the question's demands.

Marks: 3.5/10

Demand of the Question

  • Constitutional significance of Justice Surya Kant's role in landmark cases
  • Judicial significance of his contributions
  • Context of judicial independence in India
  • Specific analysis of Article 370 abrogation and electoral bonds cases

What you wrote:

Justice Kant, the member of Five-judge constitution bench, upholding the abrogation of Article 370 in 2023, comes from a non-elite background and steady progression through the judiciary reflects his career merit. His significant contributions through landmark cases like abrogation of Article 370 and electoral bonds scheme highlight the eminent functions of Indian judicial system.

Justice Kant, the member of Five-judge constitution bench, upholding the abrogation of Article 370 in 2023, comes from a non-elite background and steady progression through the judiciary reflects his career merit. His significant contributions through landmark cases like abrogation of Article 370 and electoral bonds scheme highlight the eminent functions of Indian judicial system.

Suggestions to improve:

  • Could begin with constitutional context (e.g., "Article 124 establishes Supreme Court's role as constitutional guardian, with judicial independence being fundamental to democratic governance")
  • Can highlight the significance of these cases in strengthening constitutional democracy and separation of powers

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