JUDICIAL ACTIVISM IN INDIAN DEMOCRACY

Human Rights and Judicial Activism in India , 2021

HUMAN RIGHTS can be defined as rights inherent in all over the world, without which we cannot live as human beings. Everyone is entitled to these rights without discrimination on the ground of race, sex, nationality, religion and language etc. In this paper the researcherdeals that judiciary play vital role to protect human rights in the Indian. This article attempts to analyze the role of justice and judicial action in protecting Human rights. After independence, India played a very important role in protecting these rights. India has not made any effort to translate it into reality, so it has not incorporated the detailed Bill of Rights into its constitution. The judiciary in India has played a key role in turning these rights into reality. Consequently, the court has adopted all legislative, administrative and judicial or quasi-judicial agencies within the scope of the law, acting as the supreme interpreter, protector and guardian of the constitution. The judiciary has the responsibility to review all government actions. Undoubtedly, in a constitution with provisions to protect the basic rights of the people, the judiciary has the power and obligation to protect the rights of the people from any improper and unreasonable infringement.

Remarking An Analisation, 2019

The Constitution of India has enabled the Judiciary to review the actions taken by the legislature and Executive. This idea made the Judiciary very powerful and active to look into any kind of problem harming the legal system. Although Seventeen General Elections in the country have been conducted successfully, but some unwelcomed incidents like abuse of administrative machinery, use of black money, communalism, fascism and many other corrupt practices in contesting election noticed during these elections. It made the Judiciary alert to keep the political system free from criminality, communalism, and corruption and keep it updated to meet the needs of modern democracy. Firstly this paper is aimed to conceptualize the idea of ‘Judicial Activism in India which made the Judiciary more capable to reform the political system of the country, secondly, it tries to explore the efforts of the Judiciary made to reform the political system in the country.

2017

The Constitution of India has embodied a faith in the words of Abraham Lincon “that the Government of the people, for the people and by the people shall not perish upon this earth”. In consideration, the founding fathers who wrote the constitution, created three arms-Parliament, Executive and the Judiciary. In the Constitutional scheme parliament is not supreme. It is subject to a major limitation-that legislation does not violate any fundamental rights or constitutional values. In the context, the judiciary can strike down any law that is beyond Parliament’s legislative competence or is violative of the Constitution. In line, Article 142 of the Constitution had given a unique extraordinary power to our Supreme Court to do complete justice in any matter before it. As the umpire of the constitutional system and the legal process, the Supreme Court has to strive to relieve the tensions of a developing nation, to resolve the conflicts of a diverse and open society and to accommodate ad...

The International Journal of Human Rights, 2011

The responsibilities that a court carries in a country with a written constitution are very onerous-much more onerous than the responsibilities of a court without a written constitution. Because here, they do not just interpret the laws but also the provisions of the constitution, and, are thus entrusted with giving meaning to the cold letter of the constitution. The courts thus act as the supreme interpreter, protector and guardian of the supremacy of the constitution by keeping all authorities-legislative, executive, administrative, judicial or quasi-judicial-within legal bounds. The judiciary has the responsibility to scrutinise all governmental actions and it goes without saying that in a constitution having provisions guaranteeing fundamental rights of the people, the judiciary has the power as well as the obligation to protect the people's rights from any undue and unjustified encroachment.

Although the debate on the judicial activism has been around since the days of Blackstone and Bentham.Thetraditional role of the judge has always been considered as that of an impartial arbitrator who hears the argument of both parties and renders justice without interfering in the debate of the matter. The changing attitude of the Supreme Court of India in its journey from Supreme Court of India to Supreme Court for Indians which shed their character as upholders of the established system legitimised the expending role of judiciary from mere arbitrator to a catalyst of social change and full fill the vacuum created due to passiveness of other organs of the government. The landscape of recent verdicts of Supreme Court clearly evident that it not only makes law in the sense of the realist jurisprudence but actually has started legislating exactly as the legislature legislates. In this background the paper intended to insights into the metamorphosis of judicial activism in India.

The Howard Journal of Criminal Justice, 2001

Judicial activism has emerged as a powerful mechanism of social change in India. Several judges have re-interpreted court procedures and evolved what has come to be known as Public Interest Litigation to empower ordinary citizens to write a letter and draw the attention of the apex court. The impact has been phenomenal. Judicial action initiated through these written petitions have given relief to a wide variety of cases, giving justice to the weaker sections and even taking action against political corruption and unaccountability. This article describes the genesis of judicial activism and its impact upon the criminal justice system. Some shortcomings and what this portends for the future are also discussed.

BOUNDARIES AND CHANGING PERSPECTIVES ON JUDICIAL ACTIVISM IN INDIA: A CRITICAL LEGAL ANALYSIS , 2023

This research paper aims to analyse the concept of judicial activism in India comprehensively. It explores the evolution of judicial activism, its changing perspectives, and its implications for the Indian legal system. Judicial activism is characterised by judicial decisions that go beyond the mere interpretation of laws to shape public policy, and it has been a prominent feature of Indian jurisprudence. However, the boundaries of judicial activism have often been debated and critiqued. This paper critically analyses the evolution of judicial activism in India, its impact on the separation of powers, and its role in shaping the socio-political landscape. Additionally, the research evaluates the changing perspectives of the judiciary and society regarding judicial activism and its implications for the Indian legal system.

Bihar Journal of Public Administration, UGC CARE, ISSN 0974-2735, 2022

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.