The term judicial activism is used to describe the act of a court taking an active part in the interpretation and enforcement of laws. This often goes beyond traditional legal interpretation. India has seen judicial activist play a major role in influencing the political and legal landscape. This is especially true when it comes to cases in which the government was accused of not protecting the rights of citizens or failing constitutional principles.
Indian Judicial Activism: Examples
- Supreme Court’s landmark decision in the case of The Basic Doctrine of Structure In this case, the court held that the Indian Constitution is beyond the power of parliament.
- It is important to note that the word “you” means “you”. Public Interest Litigation Instances where courts intervened in order to protect the environment and provide relief to marginalized groups.
- It is important to note that the word “you” means “you”. The Right to Privacy In this case, the Supreme Court of India recognized that privacy is a constitutional right.
Arguments for Judicial Activism
- Judicial activism is a great way to fill in for legislative inaction and government apathy.
- The law can help protect vulnerable groups who might not be able to afford to go directly to court.
- This can be done to ensure that government decisions are transparent and accountable.
Arguments Against Judicial Activism
- The separation of powers between judiciary and executive can be undermined.
- This can result in judicial overreach where courts go beyond their jurisdiction and invade the realm of the executive and legislative branches.
- The legal process can be slowed down by bringing the matter before the court, causing delays in the implementation of policy.
The Most Common Questions Regarding Judicial Activism
1. What is the function of the judiciary within a democracy
In a democratic system, the judiciary is responsible for interpreting the law and ensuring it adheres to the constitutional principles. The judiciary acts to check the power of the legislative and executive branches.
2. What is the difference between judicial activism and judicial restraint
Judicial restraint is the opposite of judicial activism, which involves courts actively shaping policy and legal outcomes.
3. What criticisms can you make of judicial activists?
The critics argue that judicial activist can undercut democratic governance, by allowing non-elected judges to take decisions which should have been left up to the elected representatives. The critics also claim it could result in inconsistent or arbitrarily made judicial decisions.
4. How can public interest litigation contribute to judicial activistism?
The public interest litigation system allows for individuals and groups to file cases in court to represent the interests of the community, even when they may not be directly involved with the case. It has enabled the courts to tackle systemic issues, and to provide relief for marginalized groups.
5. What are the landmark cases in Indian judicial activism?
The landmark case of Indian judicial activism is the The Basic Doctrine of Structure The case for the The Right to Privacy The case and other PILs that address issues like environmental protection and gender equality.
6. What can the public do to engage in judicial activism
Citizens are encouraged to engage in judicial advocacy by promoting public interest litigations, advocating reforms of the legal system, and remaining informed about issues affecting their rights, well-being, and legal systems.
7. How can judicial activism affect the working of government?
The impact of judicial activism on the functioning government can be seen by holding politicians accountable, transforming public policies and ensuring government actions comply with constitutional principles.
8. What examples can you give of social justice and judicial activism in India?
Examples of social justice cases in India that have been addressed by the judiciary include caste discrimination, equality of gender, LGBT rights and indigenous rights.
9. What role does judicial activism play in the protection of civil rights?
By interpreting constitutional rights and liberties in a way which protects them, the judiciary contributes to protecting civil liberties.
10. What challenges does judicial activism face in India?
Some of the challenges that judicial activism faces in India are a judicial backlog and lack of resources. Other issues include political pressure and criticism by other government branches and civil society.
