Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act, 2012, aims to protect children from sexual abuse through a child-friendly legal framework and speedy trials. However, its implementation faces...
The article highlights the significant judicial backlog and delays in trials for cases registered under the Protection of Children from Sexual Offences (POCSO) Act in Telangana. Over half of the 31,117 POCSO cases registered in the state over the past decade remain pending trial, with a very low conviction rate of 3.41%. Despite the POCSO Act (2012) mandating speedy trials and the launch of the Centrally Sponsored Scheme for Fast Track Special Courts (FTSCs) in 2019, the system struggles due to a lack of dedicated judicial officers, insufficient evidence, hostile witnesses, and delays in investigation. The Supreme Court's suggestion for a 'Romeo and Juliet' clause to exempt consensual relationships between adolescents from criminal prosecution is also discussed as a potential measure to reduce the burden on courts.
Durable syllabus ideas for revision — not article memory.
The POCSO Act, 2012, aims to protect children from sexual abuse through a child-friendly legal framework and speedy trials. However, its implementation faces...
Persistent judicial backlog, particularly in sensitive cases like POCSO, undermines speedy justice. Causes include structural issues (lack of dedicated court...
Previous year Prelims questions on overlapping themes and topics.
With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
The power to increase the number of judges in the Supreme Court of India is vested in
According to article 124(1), There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than thirty-three other Judges.
Thus, the Constitution vests the authority to increase the number of Judges in the Parliament.
With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.
With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
Consider the following statements:
1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
* Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force. * Statement 2 is incorrect: The Supreme Court in 1974 held that the dissolution of the state legislative assembly would not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be grounds to suggest that the election to the office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved. * Statement 3 is incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.
In India, Judicial Review implies -
The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial Review in India refers to the power of the Judiciary to examine laws and executive actions to ensure they comply with the Constitution of India. This power allows the courts to strike down any law or executive order that is found to be unconstitutional, thereby upholding the supremacy of the Constitution. Judicial Review is an essential feature of the Basic Structure Doctrine, ensuring the protection of fundamental rights and the separation of powers between the legislature, executive, and judiciary. Thus, Judicial Review acts as a safeguard against unconstitutional actions and reinforces the rule of law in India.
Previous year Mains questions mapped to overlapping GS syllabus topics.
Does tribal development in India centre around two axes, those of displacement and of rehabilitation? Give your opinion.
Achieving sustainable growth with emphasis on environmental protection could come into conflict with poor people’s needs in a country like India – Comment.
How do you account for the growing fast food industries given that there are increased health concerns in modern society? Illustrate your answer with the Indian experience.
The National Commission for Protection of Child Rights has to address the challenges faced by children in the digital era. Examine the existing policies and suggest measures the Commission can initiate to tackle the issue.
Discuss the distribution and density of population in the Ganga River Basin with special reference to land, soil and water resources.
How can Artificial Intelligence (AI) and drones be effectively used along with GIS and RS techniques in locational and areal planning?
MCQs drawn from today's published current affairs.
The article explicitly states, 'The POCSO Act, enacted in 2012, mandates the establishment of Special Courts to ensure speedy trials in cases involving child sexual abuse.'
The article identifies lack of dedicated judicial officers, insufficient evidence, hostile witnesses, delays in investigation, and procedural lapses as contributing factors. It mentions 'lack of medical or forensic corroboration' but not 'over-reliance on digital evidence without physical corroboration' as a problem.
The article states, 'In January 2026, the Supreme Court urged the Union Government to consider introducing a “Romeo and Juliet” clause to exempt genuine consensual relationships between adolescents close in age from criminal prosecution, while retaining stringent punishment for predatory sexual offences against children.'
Introduce the problem of backlog and low conviction rates in POCSO cases. Elaborate on judicial, investigative, and societal factors contributing to these challenges. Conclude by proposing comprehensive reforms including judicial, police, and legislative measures to improve the justice delivery system for child survivors.
Explain the concept and objective of the proposed 'Romeo and Juliet' clause. Discuss its potential benefits, such as reducing judicial burden and allowing focus on genuine abuse cases. Subsequently, outline the challenges and concerns, including potential legal complexities, misuse, and the impact on child protection, presenting a balanced perspective.