PYQ Vault · Paper 1 · Indian Constitution
Comment on the judicial overreach in India
How the answer moves
The flow snapshot — the routes in, the body, the counter-view and the routes out.
Flow snapshot — how the answer moves
Intro routes
R1 define overreach = activism crossing constitutional limits into legislative /executive functions R2 India = separation of functions + checks and balances → concern is not review but its expansion into governance
Body flow
legitimate activism protects rights / overreach disturbs institutional balance → examples: national anthem order, highway liquor ban, firecracker directions, Article 142 overuse → effects: unelected governance, no administrative expertise, reduced accountability → Mehta (against constitutionalism) → Hewitt (weakens Parliament) → "tyranny of the unelected" → Verma's scalpel-not- Rampuri-knife limit
Counter-view
activism is legitimate where rights are at stake; the problem is the line crossed, not review itself
Conclusion routes
rR! corrective is restraint, not surrender of judicial review routes R2 curb the excess while preserving rights protection and review
Model answer
Handwritten, in the form it would be written in the examination hall.
