Kumari, Priyanka
Status of judicial activism in India: An analysis - Indian Journal of Political Science - 85(1), Jan-Mar, 2024: p. 387-392
The judicial system of India has been based on the tradition concept of justice. According to this assumption, the work of court is to settle the disputes which are presented before them according to the existing laws. But in the recent years, there have been many such cases when the judiciary has been seen going beyond its constitutional limits and playing an active role in shaping social policies and protecting rights of people. This activeness of judiciary can be termed as judicial activism. The concept of judicial activism is included in equality and natural right. PIL has played important role in enhancing judicial activism. In a situation of hung government, where the executive may not be able to work by reached on a single opinion, judiciary adventurism or judicial overreach by striking down the laws. But this interference of judiciary with executive and legislature is not desirable in a democracy and it also violates the separation of powers. So judicial Restraint must be practiced by the jungles unless the laws are unconstitutional. -Reproduced.
Judiciary system, Judicial activism, PIL, Democracy
Status of judicial activism in India: An analysis - Indian Journal of Political Science - 85(1), Jan-Mar, 2024: p. 387-392
The judicial system of India has been based on the tradition concept of justice. According to this assumption, the work of court is to settle the disputes which are presented before them according to the existing laws. But in the recent years, there have been many such cases when the judiciary has been seen going beyond its constitutional limits and playing an active role in shaping social policies and protecting rights of people. This activeness of judiciary can be termed as judicial activism. The concept of judicial activism is included in equality and natural right. PIL has played important role in enhancing judicial activism. In a situation of hung government, where the executive may not be able to work by reached on a single opinion, judiciary adventurism or judicial overreach by striking down the laws. But this interference of judiciary with executive and legislature is not desirable in a democracy and it also violates the separation of powers. So judicial Restraint must be practiced by the jungles unless the laws are unconstitutional. -Reproduced.
Judiciary system, Judicial activism, PIL, Democracy