Separation of powers — Should judiciary be independent of the executive? Statement: Should judiciary be independent of the executive? Arguments: I. Yes. This would help curb unlawful activities of the executive. II. No. The executive would not be able to take bold measures.

Difficulty: Easy

Correct Answer: Only argument I is strong

Explanation:


Introduction / Context:
This is a classic constitutional principle question. Judicial independence safeguards rule of law and checks arbitrary executive power. We evaluate which argument substantially supports or undermines that principle.



Given Data / Assumptions:

  • Independent judiciary reviews executive actions for legality.
  • Executive decisiveness should still operate within constitutional bounds.
  • Strong arguments rely on constitutional norms rather than speculative fears.


Concept / Approach:
Argument I ties independence to accountability and legality—core democratic values. Argument II claims independence hampers boldness, which is not a valid reason to reduce legal oversight.



Step-by-Step Solution:

Argument I: Strong. It states the central function of judicial independence: curbing unlawful executive acts.Argument II: Weak. It frames oversight as an obstacle to “bold measures” without acknowledging that boldness must remain lawful.


Verification / Alternative check:
Comparative constitutional practice overwhelmingly supports independent judiciaries to protect rights and ensure checks and balances.



Why Other Options Are Wrong:

  • II strong / Either / Neither / Both: do not match the clear constitutional case for I.


Common Pitfalls:
Assuming speed or boldness trumps legality; lawful boldness remains possible under judicial oversight.



Final Answer:
Only argument I is strong

More Questions from Statement and Argument

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