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Predicted Questions with Model Answers
Q1 (5 marks — 50 words): What is judicial review? State its constitutional basis in India.
Model Answer:
Judicial Review is the power of courts to examine the constitutional validity of legislative acts and executive orders, and strike them down if inconsistent with the Constitution. Its basis: Article 13 (laws violating Fundamental Rights are void), Article 32/226 (writ jurisdiction), and Article 131–136 (appellate jurisdiction). In Kesavananda Bharati (1973), the SC declared judicial review part of the basic structure — even constitutional amendments cannot remove it.
Q2 (5 marks — 50 words): What are the five writs under Article 32? Write their names and meanings.
Model Answer:
Under Article 32, the Supreme Court issues five writs: (1) Habeas Corpus — produce the body before court (protects against illegal detention); (2) Mandamus — command a public official to perform their legal duty; (3) Certiorari — quash an order of an inferior tribunal/court; (4) Prohibition — stop an inferior tribunal from exceeding jurisdiction; (5) Quo Warranto — challenge a person's right to hold public office.
Q3 (5 marks — 50 words): Write a short note on India's E-Courts Mission Mode Project (Phase III).
Model Answer:
India's E-Courts Mission Phase III (2023–2027), with a budget of ₹7,210 crore, aims to create Digital Courts with paperless proceedings, expand virtual hearing infrastructure, and implement the Interoperable Criminal Justice System (ICJS) linking police (CCTNS), courts, prisons, prosecution, and forensics. Key features: AI-assisted case management, multi-language court interfaces, and FASTER system for rapid transmission of bail/stay orders to prisons.
Q4 (10 marks — 150 words): Critically examine the concept of judicial activism and judicial overreach in the Indian context.
Model Answer:
Judicial activism refers to courts' proactive interpretation of the Constitution to protect rights and enforce governance obligations, especially through Public Interest Litigation (PIL). Justice P.N. Bhagwati and V.R. Krishna Iyer pioneered PIL in the late 1970s, relaxing locus standi so any citizen could petition for the rights of the marginalised. Landmark outcomes: Vishakha Guidelines (1997) on workplace sexual harassment, M.C. Mehta environmental orders, Hussainara Khatoon (1979) recognising right to speedy trial, PUCL v. UoI ordering mid-day meal schemes. These interventions filled governance vacuums and gave voice to the voiceless.
Judicial overreach occurs when courts cross into legislative or executive domains — issuing policy directions without legal backing, micromanaging administrative decisions, or making choices that belong to elected institutions. Critics cite: BCCI restructuring order (Lodha Committee), highway liquor ban, specific government appointments ordered by courts. This raises separation of powers concerns.
Constitutional balance: The test is whether the court is enforcing the Constitution/law or making new policy. India's 80,000 pending SC cases and 4.4 crore total pending cases also raise questions about activist expansion creating overload. The Memorandum of Procedure and transparency reforms in judicial appointments are the current sites of institutional tension.
Q5 (10 marks — 150 words): Discuss the evolution of the Collegium System in India and the controversy surrounding NJAC.
Model Answer:
India's Collegium System evolved through the Three Judges Cases. In S.P. Gupta (1982), the SC gave executive primacy in appointments. SCAORA v. UoI (1993) reversed this — "consultation" under Article 124(2) means "concurrence," making CJI's recommendation binding. The Presidential Reference (1998) expanded the collegium to CJI + 4 senior-most SC judges.
The 99th Constitutional Amendment (2014) created the National Judicial Appointments Commission (NJAC) — a six-member body including the Law Minister and two eminent persons — to replace the collegium. In SCAORA v. UoI (2015), a five-judge bench struck down NJAC 4:1 as violating judicial independence (basic structure). The majority held that executive presence compromised the separation of judicial and executive power.
Critique of Collegium: Operates opaquely; no published criteria for selection or rejection; "uncle judges" phenomenon (appointment of judges with connections to collegium members); inconsistency between SC and HC collegiums. The Memorandum of Procedure for making appointments more transparent has been under negotiation since 2016 without resolution.
Reform path: Transparency without executive interference — publishing reasons for collegium decisions and rejections, independent secretariat, and fixed timelines for appointment.
Q6 (5 marks — 50 words): What is the National Judicial Data Grid (NJDG)? State its significance.
Model Answer:
The National Judicial Data Grid (NJDG) is an online platform providing real-time data on cases filed, decided, and pending in all district and subordinate courts — 18,735+ court establishments. Citizens can track case status and dates. As of 2025, it shows ~4.4 crore pending cases. Significance: enables data-driven judicial administration, accountability, identification of pendency patterns by court/judge/case type, and supports targeted reforms under E-Courts Phase III.