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 Passage 1
We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with means
The fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.
 
Q.Which of the following options would the author most agree with?
  • a)
    Public scrutiny helps put in place a system of checks and balances that have not yet failed
  • b)
    A ban on publicizing court cases will lead to a weakening link between the judiciary and the common man
  • c)
    Without public scrutiny, the legal system may grow lax due to the lack of accountability.
  • d)
    Allowing the public to read about legal proceedings ensures that the powerful are brought to justice
Correct answer is option 'C'. Can you explain this answer?
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Passage 1We live in a legal environment where the rule of sub-judice i...
Refer to the last few lines of the passage. "The public scrutiny of courts is critical in ensuring that judges do justice"- these lines indicate that public scrutiny leads to greater accountability of the judges. Option c is the answer. Option a can be ruled out as the failure of the system of checks and balances has not been discussed in the passage and there is not enough information in the passage to make this inference. Option b is incorrect s the link between the judiciary and the common man has not been emphasised by the author and hence it would not be as important as the deterioration of the judicial system. Option d is incorrect as allowing legal proceedings to be made public does not indicate that only powerful persons will be brought to justice.
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Accountability, or the lack of it, in governance generally, and civil services, in particular, is a major factor underlying the deficiencies in governance and public administration. Designing an effective framework for accountability has been a key element of the reform agenda. A fundamental issue is whether civil services should be accountable to the political executive of the day or to society at large. In other words, how should internal and external accountability be reconciled? Internal accountability is sought to be achieved by internal performance monitoring, official supervision by bodies like the —Central-Vigilance Commission-andComptroller and Auditor—General, and judicial review of executive decisions. Articles 311 and 312 of the Indian Constitution provide job security and safeguards to the civil services, especially the All India Services. The framers of the Constitution had envisaged that provision of these safeguards would result in a civil service that is not totally subservient to the political executive but will have the strength to function in larger public interest. The need to balance internal and external accountability is thus built into the Constitution. The issue is where to draw the line. Over the years, the emphasis seems to have tilted in favour of greater internal accountability of the civil services to the political leaders of the day who in turn are expected to be externally accountable to the society at large through the election process. This system for seeking accountability to Society has not worked out, and has led to several adverse consequences for governance.Some special measures can be considered for improving accountability in civil services.Provisions of articles 311 and 312 should be reviewed and laws and regulations framed to ensure external accountability of civil services. The proposed Civil Services Bill seeks to address some of these requirements. The respective roles of professional civil services and the political executive should he defined so that professional managerial functions and management of civil services are depoliticized. For this purpose, effective statutory civil service boards should be created at the centre and in the states. Decentralization and devolution of authority to bring government and decision making closer to the people also helps to enhance accountability.Q. According to the passage, which of the following factor/factors led to the adverse consequences for governance/public administration?1. Inability of civil services to strike a balance between internal and external accountabilities2. Lack of sufficient professional training to the officers of All India Services 3. Lack of proper service benefits in civil services4. Lack of Constitutional provisions to define the respective roles of professional civil services vis-a-vis political executive in this context Select the correct answer using the code given below

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Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer?
Question Description
Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC. Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage 1We live in a legal environment where the rule of sub-judice is regarded as an anachronism, emanating from a time when all trials were decided by jurors susceptible to influence by what was published in the press. By and large, the law of sub judice, which regulates the dissemination of matter under the consideration of the court, is a dead letter. In such a context, the Supreme Court's judgment last year, justifying a ban on the publication of court proceedings in certain cases is likely to have a chilling effect on the freedom of the press and the very idea of an open trial. Mercifully, the Court refused to lay down broad guidelines for reporting ongoing cases. But though its order books like a restatement of the Mirajkar case in which a nine member bench ruled that the right to open justice is not absolute, the Court has likely upset the "difficult Constitutional balance" between freedom of expression and the administration ofjustice that the landmark 1966 judgment established. Indeed, by emphasizing the right of an aggrieved person to seek postponement of media coverage of an ongoing case by approaching the appropriate writ court, there is a danger that gag orders may become commonplace. At a minimum, the door has been opened to hundreds and thousands of additional writs- a burden our legal system is unprepared to handle- filed by accused persons with meansThe fivejudge bench cited precedents in many jurisdictions to maintain "There is power in the courts to postpone the reporting ofjudicial proceedings in the administration ofjustice." Even in the USA, where the First Amendment trumps any restriction placed on rights to free speech, the courts have evolved ‘neutralizing devices' to prevent the corruption of the administration ofjustice. But set aside the judicial reasoning and consider its possible impact. Powerful defendants in high profile cases will try their best to get postponement orders despite the very strict criteria laid down by the Supreme Court. Moreover, gag orders issued in contravention of the doctrines of necessity and proportionality may take a long time to vacate, thus robbing the public of its right to know. The public scrutiny of courts is critical in ensuring that the judges do justice; a lack of awareness of what goes on in a courtroom can only undermine the public confidence in the judicial system. The same Mirajkarjudgment also said restraint on publication and closed door units could apply only in exceptional cases.Q.Which of the following options would the author most agree with?a)Public scrutiny helps put in place a system of checks and balances that have not yet failedb)A ban on publicizing court cases will lead to a weakening link between the judiciary and the common manc)Without public scrutiny, the legal system may grow lax due to the lack of accountability.d)Allowing the public to read about legal proceedings ensures that the powerful are brought to justiceCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice UPSC tests.
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