Cascading role of governance in ensuring judicial activism in India
By: Gulati, Jivantika and Ranjan, Radha
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Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 19(25), Jul-Sep, 2022: p.146-156.Subject(s): Judicial activism, Judiciary and Governance
In:
Bihar Journal of Public AdministrationSummary: It is crucial that all three branches of government work in unison if the country is to advance. But the situation today is worrying. The legislature and the executive either struggle to carry out their responsibilities with the utmost earnestness or try to dodge them. Therefore, the judiciary, the third organ, is the only one left to use judicial activism to address the complaints of the public. There has been activist approach by the judiciary especially for the disadvantaged or downtrodden sections of the society. It has delivered justice to the people keeping in its mind the limitations mentioned in our Indian Constitution. On the other hand, the judges may have crossed the line and forgotten what was acceptable. According to Montesquieu’s “separation of powers” philosophy, there should be no crossing of boundaries. However, the judicial inventiveness that hasn’t been focused on and used by the other machinery is what the public see and view as the judiciary overstepping the other organs. – Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 19(25), Jul-Sep, 2022: p.146-156 | Available | AR128894 |
It is crucial that all three branches of government work in unison if the country is to advance. But the situation today is worrying. The legislature and the executive either struggle to carry out their responsibilities with the utmost earnestness or try to dodge them. Therefore, the judiciary, the third organ, is the only one left to use judicial activism to address the complaints of the public. There has been activist approach by the judiciary especially for the disadvantaged or downtrodden sections of the society. It has delivered justice to the people keeping in its mind the limitations mentioned in our Indian Constitution. On the other hand, the judges may have crossed the line and forgotten what was acceptable. According to Montesquieu’s “separation of powers” philosophy, there should be no crossing of boundaries. However, the judicial inventiveness that hasn’t been focused on and used by the other machinery is what the public see and view as the judiciary overstepping the other organs. – Reproduced
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