What is Judicial Activism

WHAT IS JUDICIAL ACTIVISM?

Judiciary plays an important role in the protecting the rights of an individual as well as society as a whole. Judicial activism means when court take Suo moto cognizance in any social or political issue where the rights of the people is being violated and force the legislature and executive to perform their constitutional duties. Apart for this judicial activism preserves the legal system of the country. Judicial activism is also known as “judicial dynamism”. The concept of Judicial activism was originated in U.S.A by Arthur Schlesinger in 1947. And in India the term judicial activism was introduced by Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai in 1970.

The concept of public interest litigation derived its roots from judicial activism and constitutional interpretation, judicial review, access to international law for preserving constitutional rights are also included in judicial activism.

IMPORTANCE OF JUDICIAL ACTIVISM

1) Through judicial activism, Judiciary creates pressure on legislative and executive body to discharge their constitutional duties.

2) Judicial Enthusiasm persons aims to bring social reform in the society can appeal through Public Interest Litigation.

3) Judiciary is the safeguard of the citizen’s rights and protector of Indian Constitution.

4) Judicial activism counters the opinion that the judiciary is a mere spectator.

LANDMARK CASES ON JUDICIAL ACTIVISM

It all started when the Allahabad High Court rejected the candidature of Indira Gandhi in 1973.

  • In 1979, the Supreme Court of India ruled that undertrials in Bihar had already served time for more period than they would have, had they been convicted.
  • Golaknath case: The questions, in this case, were whether the amendment is a law; and whether Fundamental Rights can be amended or not. SC contented that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13 and that to amend the Fundamental rights a new Constituent Assembly would be required. Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution.
  • Kesavananda Bharati case: This judgement defined the basic structure of the Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” This is the basis in Indian law in which the judiciary can strike down an amendment passed by Parliament that is in conflict with the basic structure of the Constitution.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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