Short essay on judicial activism in india

write a critical note on judicial activism in india

A disheartening situation but in the present circumstances there appears to be no choice- the judiciary seems to be the hope of the people for restoring lost democratic rights.

Judicial activism is not an aberration. In the words of Justice J. The meaning of judicial activism. As the chief justice he adopted a posture independent of the government, and was sympathetic to the filling of PIL cases.

Judicial activism, however, does not mean governance by the judiciary. This is where the judiciary comes in. Therefore, with the power of judicial review, the courts act as custodians of the Fundamental Rights. The famous case of judicial Activism in India is the majority judgement in the Keshavananda Bharati case the Fundamental Rights case.

Short essay on judicial activism in india

With this background, it becomes necessary for the Judge to ask, like Hamlet, whether it is nobler in the mind to remain impervious to the dominant discourse around, or to trim the sails of his thinking to the winds blowing around. The Court has for all practical purposes disregarded the separation of powers under the Constitution, and assumed a general supervisory function over other branches of governments. In such cases, the judiciary acts as an advisory body. This is the reason why the Supreme Court had to expand its jurisdiction by, at times, issuing novel directions to the executive. Public spirited individual began to seek redress in matters affecting not them individually, but the rights of people in general. Recent times have seen judiciary play a intrusive roles in the areas of constitutionally reserved for the other branches of governments. Some have been convicted and jailed while others were forced to resign due to public pressure. The judicially is thus enjoined to attend to the difficult task of seeing to it that institutions, groups and individuals do not cross the limis. Related posts:. These are: i When the legislature fails to discharge its responsibilities. It is therefore absolutely necessary that the Court is allowed to decide these matters without someone imputing motives or malafide intentions to the judges.

Essay on Role of Judiciary in the Country Today — Essay 1 words Introduction The judiciary is one of the three lynchpins of a democracy, the other two being the legislature and the executive. Judges too are human and prone to errors and human aberrations.

Necessity of judicial activism in india

This is where the judiciary comes in. Just as the ministers, bureaucrats and legislators are not above criticism, similarly, the judges of the High Court and the Supreme Court cannot be presumed to be beyond the pale of scrutiny. True, utilitarian policies, socio-economics actions and rational implementation on is best tackled by the State, but abuse of power, unfair procedure, unconstitutional action, or even lack of required action may surely be checked by the judiciary. The court constructed a constitutional "right" to abortion. The activist role of the Judiciary is implicit in the said power. Article enables the Supreme Court in exercise of its jurisdiction to pass such order or make such order as is necessary for doing complete justice in any cause or matter pending before it. The area of judicial intervention has been steadily expanding through the device of public interest litigation. It becomes strong only when people repose faith in it.

Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.

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