Compare the structure, organization, and functioning of the Executive and Judiciary in Arunachal Pradesh.

Executive in Arunachal Pradesh:

Structure and Organization:

• The executive power of the state is vested in the Governor, appointed by the President of India for a term of five years.
• The Governor acts as the constitutional head of the state and the representative of the Union Government.
• The real executive power is exercised by the Council of Ministers, headed by the Chief Minister, who is the leader of the majority party or coalition in the Legislative Assembly.
• The Chief Minister and other Ministers are appointed by the Governor on the advice of the Chief Minister.
• The State Government is organized into various departments, each headed by a Minister and supported by a secretariat headed by a Secretary (a senior IAS officer).
• The administrative machinery extends down to the district level, with Deputy Commissioners as the administrative heads of districts, assisted by other district-level officers.
• Special provisions related to tribal areas, like the Village Councils and Zila Parishads (though their powers and functioning can vary), might exist to reflect local governance structures, particularly in Sixth Schedule areas if applicable, or as per specific state legislation.

Functioning:

• The Council of Ministers is collectively responsible to the Legislative Assembly.
• The executive is responsible for implementing laws, formulating policies, maintaining law and order, and administering the state’s affairs.
• The Governor exercises his powers generally on the aid and advice of the Council of Ministers, but has certain discretionary powers, especially in relation to tribal matters or when reporting to the President.
• The Chief Secretary is the administrative head of the state government, coordinating the work of all departments.
• The administrative structure is designed to deliver services to citizens across the state, often facing challenges related to remoteness and connectivity.

Judiciary in Arunachal Pradesh:

Structure and Organization:

• The highest court in the state is the High Court of Arunachal Pradesh, located in Itanagar. Prior to 2013, it was a circuit bench of the Gauhati High Court.
• The High Court has jurisdiction over the entire state and is presided over by a Chief Justice and other Judges appointed by the President of India.
• Below the High Court, the state has a hierarchy of subordinate courts, including:
  • District and Sessions Courts: Presided over by District and Sessions Judges, dealing with both civil and criminal cases.
  • Civil Courts: Including Courts of Civil Judges (Senior Division and Junior Division).
  • Judicial Magistrates: Dealing with criminal cases.
• There might be special courts or tribunals established for specific matters, such as those dealing with revenue disputes or land acquisition.
• Local customary laws and traditional dispute resolution mechanisms might coexist with the formal judicial system, particularly in tribal areas, though their legal standing and integration with the formal judiciary can be complex.

Functioning:

• The judiciary functions as the interpreter of the Constitution and laws, and the guardian of the fundamental rights of citizens.
• It exercises original and appellate jurisdiction in civil and criminal matters.
• The High Court also has supervisory powers over all subordinate courts within its jurisdiction.
• Judicial independence is a cornerstone of its functioning, ensuring impartiality and fairness in dispensing justice, free from executive or legislative interference.
• The functioning of the judiciary, particularly in remote areas, can be challenged by infrastructure limitations, lawyer availability, and the sheer volume of cases.

Comparison:

• Relationship: While the Executive is responsible for policy-making and administration, the Judiciary is responsible for interpreting and enforcing laws made by the legislature and applied by the executive.
• Accountability: The Executive is accountable to the Legislature (and indirectly to the electorate), whereas the Judiciary is accountable to the Constitution and the law.
• Appointment: While Ministers in the Executive are appointed by the Governor based on political mandate, Judges of the High Court are appointed by the President in consultation with the Governor and the Chief Justice of India, emphasizing a different selection process and rationale.
• Powers: The Executive wields administrative and policy-making powers, including law enforcement. The Judiciary wields judicial power, including judicial review and the power to grant redressal.
• Independence: The Executive is inherently political and partisan. The Judiciary, ideally, is independent and impartial.
• Challenges: Both branches face challenges related to the specific context of Arunachal Pradesh, such as geographical isolation, connectivity, limited resources, and the need to balance modern legal frameworks with traditional customs. The Executive has to navigate developmental aspirations with the unique rights and customs of tribal communities, while the Judiciary has to interpret laws in a manner that is sensitive to these local contexts and ensure access to justice in remote areas.