Judicial Activism: In the United States, judicial activism first appeared in 1947. Since then, it’s been noticed in India as well, particularly during the Emergency. For those hoping to pass the IAS Exam, it is essential to comprehend the functions of the judiciary and the phenomenon of judicial activism. This article tries to introduce judicial activism by examining its different forms, importance, as well as benefits and drawbacks.
Judicial activism refers to when courts go beyond interpreting laws and actively shape public policy and social issues. It involves making decisions that expand legal interpretations, uphold rights, and address societal concerns. While seen as necessary by some for justice, others argue it can encroach on the roles of other branches of government
The doctrine of judicial activism took root in India during the mid-1970s. Justices V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, and D.A. Desai pioneered its establishment within the nation’s legal framework.
Criticism faced by Judicial Activism
The practice of Judicial Activism has sparked debate over the balance of power between Parliament and the Supreme Court. It has the potential to disrupt the delicate equilibrium of the separation of powers and the system of checks and balances.
Judicial Activism in India refers to the authority vested in the Supreme Court and High Courts to declare laws as unconstitutional and void if they are contradictory or inconsistent with one or more provisions of the constitution. This prerogative is not accessible to lower courts, which do not possess the capability to assess the legality of laws or carry out judicial reviews.
Key characteristics of judicial activism in India include:
Keshavananda Bharti Case: Defining Moment
Golaknath Case: Guarding Fundamental Rights
Aspect | Judicial Activism | Judicial Restraint |
---|---|---|
Definition | The judiciary actively enforces rights, even if it requires striking down laws that infringe on citizens’ rights or benefit society. | The judiciary exercises self-restraint and abides by constitutional laws when executing its duties. |
Approach | Proactive in addressing societal issues and rights concerns through judicial intervention. | Reactive, preferring to let legislative and executive branches take the lead in decision-making. |
Relationship with Laws | More willing to interpret laws expansively to protect rights and address societal concerns. | Constrained by a strict interpretation of laws and constitution, avoiding active involvement. |
Scope of Power | Exercises authority to take up cases suo-motu to prevent violations of constitutional laws. | Largely defers to the executive and legislative branches, respecting their role in lawmaking. |
Executive Relationship | Can lead to tension with the executive branch due to perceived judicial overreach. | Generally maintains a cooperative relationship with the executive, avoiding conflicts. |
Legislative Relationship | May challenge legislative decisions that appear to violate rights or constitutional principles. | Avoids interference with legislative decisions and respects their authority to legislate. |
Decision-making Approach | More inclined towards shaping societal changes through bold decisions. | Focuses on maintaining the status quo and preserving established norms. |
Defining the Relationship
Closely Linked Concepts: The notions of judicial review and judicial activism share proximity. Yet, they exhibit notable distinctions, outlined below.
Inherent Activism in Judicial Review
The foundation of judicial activism lies within judicial review. Judicial review empowers courts to uphold the Constitution and invalidate laws conflicting with it. Activism reinforces the proper functioning of other governmental organs.
Emergence of “Judicial Activism”
“Judicial activism” emerged in the 20th century to denote judicial legislation, where judges actively shape law. While lacking a standardized definition, it emphasizes the significance of robust judicial review for safeguarding core rights.
Expanded Scope of Judicial Review
The broader application of locus standi, exemplified by Public Interest Litigation (PIL), has extended courts’ jurisdiction in judicial review. This broadened role has been termed “judicial activism” by critics skeptical of the judiciary’s expanded role.
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Emergency in India | Centre State Relations |
Special Provisions Act | Cooperative Societies |
Judicial activism refers to the approach taken by judges where they actively interpret laws and the Constitution to protect citizens' rights, advance societal justice, and sometimes even make decisions that influence social and legislative changes.
Judicial activism involves judges taking an active role in shaping societal changes through bold decisions, even if it means challenging legislative actions. On the other hand, judicial restraint is characterized by judges showing self-restraint, adhering closely to constitutional laws, and generally avoiding interference with legislative decisions.
Judicial activism in India has played a crucial role in safeguarding citizens' rights, addressing legislative and executive failures, and bringing about reforms in various sectors. It has been instrumental in ensuring justice and upholding the principles of the Constitution.
The doctrine of judicial activism took root in India during the mid-1970s. Justices like V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, and D.A. Desai played a pivotal role in establishing judicial activism within India's legal framework.
Critics of judicial activism often point out that it can lead to perceived judicial overreach, undermine the separation of powers, and expose the judiciary to influences such as populism and media pressure, potentially compromising its independence.
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