Scribd Logo
Upload

Welcome to Scribd!

  • 54 views

    A Note On Judicial Activism in India

    Uploaded by

    Kalyani reddy
    Judicial activism refers to an active role played by the judiciary in upholding constitutional and legal rights. It allows courts to strike down laws that infringe on citizen rights or contradict constitutional values. It also enables courts to correct mistakes or injustices by other branches of government. Examples of judicial activism include important Supreme Court cases from the 1960s-1990s that expanded rights. While it aims to fill legal gaps, review past judgments, and uphold rights, critics argue it can interfere with separation of powers and reflect a judge's personal views. There is a need for judiciary to balance activism and overreach while respecting legislative authority.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    A Note On Judicial Activism in India

    Uploaded by

    Kalyani reddy
    54 views2 pages
    Judicial activism refers to an active role played by the judiciary in upholding constitutional and legal rights. It allows courts to strike down laws that infringe on citizen rights or contradict constitutional values. It also enables courts to correct mistakes or injustices by other branches of government. Examples of judicial activism include important Supreme Court cases from the 1960s-1990s that expanded rights. While it aims to fill legal gaps, review past judgments, and uphold rights, critics argue it can interfere with separation of powers and reflect a judge's personal views. There is a need for judiciary to balance activism and overreach while respecting legislative authority.

    Original Title

    A Note on Judicial Activism in India

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Judicial activism refers to an active role played by the judiciary in upholding constitutional and legal rights. It allows courts to strike down laws that infringe on citizen rights or contradict constitutional values. It also enables courts to correct mistakes or injustices by other branches of government. Examples of judicial activism include important Supreme Court cases from the 1960s-1990s that expanded rights. While it aims to fill legal gaps, review past judgments, and uphold rights, critics argue it can interfere with separation of powers and reflect a judge's personal views. There is a need for judiciary to balance activism and overreach while respecting legislative authority.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views2 pages

    A Note On Judicial Activism in India

    Uploaded by

    Kalyani reddy
    Judicial activism refers to an active role played by the judiciary in upholding constitutional and legal rights. It allows courts to strike down laws that infringe on citizen rights or contradict constitutional values. It also enables courts to correct mistakes or injustices by other branches of government. Examples of judicial activism include important Supreme Court cases from the 1960s-1990s that expanded rights. While it aims to fill legal gaps, review past judgments, and uphold rights, critics argue it can interfere with separation of powers and reflect a judge's personal views. There is a need for judiciary to balance activism and overreach while respecting legislative authority.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    A Note on Judicial Activism in India

    The overactive role played by the Judiciary in upholding the constitutional and legal rights of the citizens
    is called Judicial Activism. It is a judicial philosophy in which judiciary exercises its power to
    implement and enforce the constitutionally correct laws which are beneficial for the people of society at
    large. In Judicial Activism, the judiciary exercises its power to strike down the laws or rules which
    infringes the basic rights of the citizens or goes against the constitutional values. It empowers the
    judiciary to correct the mistakes or injustices of the other branches of the government.

    The Supreme Court judgments in Golak Nath Case (1967), Kesavanand Bharti Case (1973), Maneka Case
    (1973), Vishaka case (1997) etc., are some of the examples of the Judicial Activism.

    Reasons for the evolution of Judicial Activism

     Failure of Law – In many sensitive cases, when the present law fails to handle the issue, judicial
    activism permits the judges to use their powers to act as per the demand of the situation. Ex –
    Triple Talaq judgment of the Supreme Court.
     For Reviewing the previous judgments – In many cases, the situation demands to take a relook
    of its own earlier judgments with a new frame of mind. In this case, also, the concept of judicial
    activism helps.
     For filling the legal vacuum – Many times, the Supreme Court is required to act Suo-Motto for
    stopping of reoccurrence of any similar incidents. For example, the Supreme Court framed the
    Vishaka guidelines for handling issues of harassment of women at workplace in the Vishaka case
    of 1997.
     For checks and balances – Many times, the government in powers takes a decision in haste and
    in such cases, the courts check the legality of the law/act according to the constitution.
     For timely and complete judgment – Many times, the situation demands a pro-active response
    of the courts for timely and complete justice. In such cases, the courts can use the power to
    enforce the law.
     Rising demands of Human Rights – Around the world and in India also there has been gradual
    demands for establishing the supremacy of the Human Rights. This motivated the judiciary to
    take necessary steps under its power of judicial activism.

    Demerits of Judicial Activism

     The overriding powers of the judiciary have many times interfered in the domain of legislature
    and executive, which goes against the spirit of separation of power enumerated in the
    constitution.
     Many times, the personal and prejudiced views of the judges get reflected in their judgments,
    which are big drawbacks of the concept of judicial activism.
     One judgment becomes standard ruling for other cases which resulted in a chain of judicial
    overreach.
     Judicial activism restricts the law-making power of the parliament and the legislature.
     The chances of turning of judicial activism into judicial overreach are huge and need to be
    understood by the judiciary while exercising its powers.
     Many times, the decisions taken by the judiciary has eroded the public faith in the law made by
    the elected representative in the parliament.
     At large, judicial activism has become a challenge in the law-making process of the legislature.

    Way forward

     Judiciary needs to understand the thin line between judicial activism and judicial overreach and
    needs to act accordingly.
     The concept of separation of power should be taken into consideration by the judiciary while
    using its judicial powers.
     Judiciary needs to be accountable, and for this, some new methods may be adopted by the
    government.
     The legislature needs to be more active in filling the legislative gaps so that the need for judicial
    reviews and intervention is less.
     Judiciary needs to be more disciplined and accountable while using its powers under the concept
    of judicial activism.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy