Good Morning Friends,
Following are today’s Mains Marathon Questions.
About Mains Marathon – This is an initiative of ForumIAS to help/aid aspirants in their writing skills, which is crucial to conquering mains examination.
Every morning, we post 2-3 questions based on current affairs. The questions framed are meaningful and relevant to the exam.
Write your answers in the comment box, given below.
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Questions
The Supreme Court’s decision to frame uniform norms for trial courts in awarding the death sentence is a welcome intervention. Elaborate.
Both Gati Shakti and NLP should be reconstituted to embrace, in the first instance, regional economic integration in the Indian subcontinent and then extend this to the larger Asian and global economy. Comment.
I’m not able to find any questions which is posted…
This could have been better. You can begin by mentioning that death penalty is awarded in India in certain class of offences under certain Acts (like POCSO, Defense of India Act, IPC). The SC has given guidelines under Bachan Singh Case but there has been subjectivity in awarding death penalty. Judges in lower court find it difficult to balance the aggravating and mitigating factors (You have mentioned some in one of the points).
In many cases the convictions are overturned.
The SC Guidelines should help reduce the subjectivity. This should be the crux.
In addition You can mention some other points like Law Commission recos, disproportionate impact on disadvantaged sections, and experience of Nordic countries (low crime rate with no capital punishment).
Intro could be improved, I mean, it’s good but there’s scope for improvement.
Body is upto the mark.
In conclusion, you can include the point of judicial activism to lead the answer towards conclusion.
Intro could be way better, try using data or something like that, if you can’t come up with them, then only, go to explaining the terms.
See, the bacchan singh case is not apt for the reason part, it was more of a landmark judgement in death penalty cases.(as per my opinion)
Conclusion is also wrong, because the courts already follow the precedent set in bacchan singh case.
P.S. don’t mind the harsh review, I expect the same.
Good attempt, but there is deviation from the question statement. You should focus on regional connectivity and integration aspect.
You can begin by mentioning that South Asia remains the least integrated region in the world. Intra-region trade accounts for ~5% of the trade of South Asian countries, this is because of poor connectivity in the region.
So Gati Shakti and NLP should build on the initiatives like BBIN to boost connectivity in South Asia. This will help in enhancing trade. Eventually this can be extended to South East Asia, Central and West Asia (question statement says larger Asian economy)
Also mention some challenges like role of Pakistan, instability in Myanmar to extend the economic integration beyond the neighbourhood.
Review.
Great answer! Structure is appropriate, proper use of titles and bullet points. Nice handwriting. Only minor suggestions in content:
– The main issue is the subjectivity of lower courts in awarding death sentence. They are unable to balance the mitigating and aggravating factors. This point should be included under reasons.
– In recommended approach, the points mentioned are mitigating factors. What SC has to do now is to set clear guidelines to the Courts to eliminate the subjectivity in Judgments by lower courts. This will bring in consistency.
– First point under driving forces is bit vague and can be avoided.
Rest of the content seems very relevant and of high quality.
Thanks for the review. Greatly appreciated.
Please review.
Great answer! The introduction is bit vague and could be better.
Under the need, add the point of subjectivity of lower courts in awarding capital punishment and failure to balance mitigating and aggravating factors. This impact fairness. The SC should set clear guidelines to eliminate this subjectivity.
Rest is great!
Thank you for the suggestions
Nice stuff! Some suggestions
– Don’t mention IPC sections against Rarest of Rare cases, You can either mention some of the Acts/IPC Section with provisions of death penalty. Or mention Bachan Singh Case to use this rarest of rare phrase.
– You have mentioned the point of bringing consistency in awarding of capital punishment. Here also mention the failure of lower court to balance mitigating/aggravating factors that leads to inconsistencies in award of capital punishment.
– Some other points like Law Commission Reco etc. can also be added.
– In way forward, do mention the SC guidelines in present referral to Constitution Bench should be clear enough to remove any scope of subjectivity in Judgments by lower courts.
Nice overall!
Great answer! You can also add other points related to disproportionate impact on poor strata of the society. In suggestion, do add the point that the SC can elaborate further the guidelines set in Bachan Singh case, to remove the scope of subjectivity and bring in consistency in the award of capital punishment by the lower judiciary.
Good attempt!
However, You need to address the main theme of the question. It is related to regional connectivity and economic integration of India with neighbourhood.
You can mention South Asia remains the least integrated region in the world. Intra-region trade accounts for ~5% of the trade of South Asian countries, this is because of poor connectivity in the region.
Gati Shakti and NLP have been formulated in the national context, but the same can be extended to neighbourhood countries to build stronger economic ties. BBIN has been initiated but the approach has been piecemeal. Focused intervention like Gati Shakti is needed in this regard.
Eventually, in the longer term, the economic integration can then be extended to South East Asia, Central and West Asia (question statement says larger Asian economy)
Also mention some challenges like role of Pakistan, instability in Myanmar to extend the economic integration beyond the neighbourhood.