UPSC Mains 2015 GS2 Q4 — Extra-constitutional authorities
Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard. (Answer in 200 words)
Question Decoded — examiner's intent
- Directive verbs
- Discusscritically
- Scope keywords
- extra-constitutional authoritieshuman rights violationsactions taken by the legislative, executive and the judiciaryset the things right
- Implicit sub-parts
- The inherent conflict between Khap Panchayats and Fundamental Rights (Articles 14, 15, 19, 21).
- Specific judicial interventions and landmark judgments curbing honor killings and kangaroo courts.
- Legislative and executive responses (or the lack thereof) such as the Law Commission reports and police directives.
- The 'critical' evaluation: Why these actions have largely failed to eliminate the influence of Khaps (social vs legal conflict).
- Common pitfalls
- Spending over 50 words defining Khap Panchayats or their history instead of focusing on institutional actions.
- Failing to mention specific cases like Shakti Vahini v. Union of India or Arumugam Servai v. State of Tamil Nadu.
- Ignoring the 'legislative' part because no central law specifically targeting Khaps exists, thus missing the Law Commission recommendations.
- Not being 'critical' enough regarding the executive's hesitation due to vote-bank politics in states like Haryana and UP.
- Dimensions required
- ConstitutionalLegal/JurisprudentialSociologicalHuman RightsAdministrative
- Marks allocation hint
Allocate 30 words for the context of human rights violations. Dedicate 120 words to a tripartite split between the Judiciary (strongest section), Executive (policing/SOPs), and Legislature (proposed bills/Law Commission). Reserve the final 50 words for a critical assessment of why social legitimacy still outweighs legal authority in some regions.
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