Comprehension
The Supreme Court of India in a Suo Motu Writ Petition In Re: Distribution of Essential Supplies and Services During Pandemic, [Writ Petition (Civil) No. 3 of 2021], analyzed the power of judicial review over the management of the COVID-19 pandemic in India. The Union of India has highlighted a few concerns as: The executive is battling an unprecedented crisis and the government needs discretion to formulate policy in larger interest and its wisdom should be trusted; The current vaccine policy conforms to Articles 14 and 21 of the Constitution, and requires no interference from the courts as the executive has room for free play in the joints while dealing with a pandemic of this magnitude; Judicial review over executive policies is permissible only on account of manifest arbitrariness. No interference from judicial proceedings is called for when the executive is operating on expert medical and scientific opinion to tackle a medical crisis; and any over-zealous judicial intervention, though well-meaning, in the absence of expert advice or administrative experience may lead to unintended circumstances where the executive is left with little room to explore innovative solutions. The court clarified that in the context of the public health emergency, the executive has been given a wider margin in enacting measures which ordinarily may have violated the liberty of individual. The judiciary has also recognized that Constitutional scrutiny is transformed during such public health emergencies and noted the complex role of the government in battling public health emergencies in following words: ...While this court should guard with firmness every right appertaining to life, liberty or property as secured to the individual by the Supreme Law of the Land, it is of the last importance that it should not invade the domain of local authority except when it is plainly necessary to do so in order to enforce that law. But even in a pandemic, the Constitution cannot be put away and forgotten and a public health emergency does not give Governors and other public officials carte blanche to disregard the Constitution for as long as the medical problem persists. …the courts should expect policies that more carefully account for Constitutional rights. The court stated that separation of powers is a part of the basic structure of the Constitution of India. However, this separation of powers does not result in courts lacking jurisdiction in conducting a judicial review of these policies.
Question: 1
Which of the following statements is untrue?
Which of the following statements is untrue?
Updated On: Jul 11, 2024
- Policy-making lays in the sole domain of the executive.
- The power of judicial review may be exercised on public health policies.
- Separation of powers restricts the power of judicial review on public health policies.
- Policy-making should be in conformity with the fundamental rights.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Separation of powers restricts the power of judicial review on public health policies.
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Question: 2
Soliciting constitutional justification for executive policies in managing a public health crisis during pandemic appears to be:
Soliciting constitutional justification for executive policies in managing a public health crisis during pandemic appears to be:
Updated On: Jul 11, 2024
- Necessary function of the court.
- Discretionary power of the court.
- Not within the ambit of judicial review.
- Unnecessary interference from the court.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Necessary function of the court.
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Question: 3
In the above excerpt, the Union of India opposed judicial intervention in apprehension of circumstances restricting the scope for the executive to explore solutions. The said argument was supported on the ground that :
In the above excerpt, the Union of India opposed judicial intervention in apprehension of circumstances restricting the scope for the executive to explore solutions. The said argument was supported on the ground that :
Updated On: Jul 11, 2024
- The judges are not public health experts, therefore in the absence of expert advice, it would be an undesirable intervention.
- The executive needs room for free play while dealing with pandemic.
- Constitutional rights are suspended during a pandemic.
- Both (A) and (B).
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D):Both (A) and (B).
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Question: 4
Consider the following statements:
(I) An intrusion by the judiciary in the domain of the executive is prohibited under the separation of powers principle, except when it is necessary to do so in order to enforce the express provisions of the Constitution of India.
(II) An intrusion by the judiciary in the domain of the executive is allowed when it is necessary to do so in order to safeguard the rights relating to life, liberty or property as secured to the individual by the Constitution of India.
Choose the correct answer from the code given below.
Consider the following statements:
(I) An intrusion by the judiciary in the domain of the executive is prohibited under the separation of powers principle, except when it is necessary to do so in order to enforce the express provisions of the Constitution of India.
(II) An intrusion by the judiciary in the domain of the executive is allowed when it is necessary to do so in order to safeguard the rights relating to life, liberty or property as secured to the individual by the Constitution of India.
Choose the correct answer from the code given below.
(I) An intrusion by the judiciary in the domain of the executive is prohibited under the separation of powers principle, except when it is necessary to do so in order to enforce the express provisions of the Constitution of India.
(II) An intrusion by the judiciary in the domain of the executive is allowed when it is necessary to do so in order to safeguard the rights relating to life, liberty or property as secured to the individual by the Constitution of India.
Choose the correct answer from the code given below.
Updated On: Jul 11, 2024
- Both (I) and (II) are true.
- Both (I) and (II) are untrue.
- (I) is true and (II) is untrue.
- (II) is true and (I) is untrue.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Both (I) and (II) are true.
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Question: 5
In the case of In Re: Distribution of Essential Supplies and Services During Pandemic, the Supreme Court of India examined the constitutional validity of Central Government’s policy regarding vaccine procurement and distribution among different categories of the population. Such policy is known as:
In the case of In Re: Distribution of Essential Supplies and Services During Pandemic, the Supreme Court of India examined the constitutional validity of Central Government’s policy regarding vaccine procurement and distribution among different categories of the population. Such policy is known as:
Updated On: Jul 11, 2024
- Vaccination Distribution Policy.
- Liberalized Vaccination Policy.
- Central Vaccination Distribution Policy.
- None of the above.
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Liberalized Vaccination Policy.
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Question: 6
Public health is a subject under___of the Seventh Schedule of the Constitution.
Public health is a subject under___of the Seventh Schedule of the Constitution.
Updated On: Aug 23, 2024
- Entry 6 of List II (State List)
- Entry 36 of List II (State List)
- Entry 81 of List I (Union List)
- Entry 29 of List III (Concurrent List)
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Entry 6 of List II (State List)
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