· Essay #1 – Judicial Activism Do we need judicial activism to flesh out the vague phrases in the Constitution? This question is truly at the heart of the topic. Do we need judicial activism to protect our rights? What exactly are our rights? While this may seem like a silly or obvious question, it is vitally important in answering this question Judicial Activism is a doctrine that describes the way a court should actively access its' power as a check to the activities of governmental bodies, when it is thought that those bodies have exceeded their authority. Roger Clegg, vice president of the National Legal Center for the Public Interest describes his definition a little differently · Judicial activism describes how a judge approaches or is perceived to approach exercising judicial blogger.com term refers to scenarios in which a judge issues a ruling that overlooks legal precedents or past constitutional interpretations in favor of protecting individual rights and serving a broader social or political blogger.comted Reading Time: 8 mins
Judicial activism and judicial restraint - Free Essay Example | EduZaurus
Judicial Activism, judicial activism essay. POINTS TO DEVELOP 1. judiciary as part o the three wings of polity; the roles of the three wings and how judicial activism fits into the picture.
instances of judicial activism getting the desired results. judicial intervention inevitable — even necessary — when executive and Legislative fail to perform their duties. Judicial intervention not the best way to get things done in a democracy; negative aspects of judicial activism; what if the judicial orders are not enforced?
Judicial activism involves innovative interpretations of the nuances of law. According to justice J. In other words, it is judicial activism that helps to advance the cause of law, judicial activism essay, and it has been a continuous process in India. Judicial activism isin fact, an essential part of judicial review. It may be pointed out in this context that the doctrine of the basic structure of the Constitution limits the scope of amending power of Parliament in substantial ways.
Some of the features of this basic structure, though not actually listed, include rule of law, equality, federalism, secular polity, and most important, judicial activism essay, judicial review. The PILs are a big weapon to the social spirited people, the seekers of truth judicial activism essay the votaries of justice.
Such litigation has indeed democratized the access to the apex court. These cases have broadened the scope of fundamentals rights to include right to dignity shelter, health, environment, privacy; they have given rise to fresh forms of judicial scrutiny of governmental institutions whether they be hospitals, prisons of juvenile homes.
How did public interest litigation perhaps more aptly termed social action litigation grow? Public spirited individuals began to seek redress in matters affecting not them individuallybut the rights of people in general. Then justice M.
Venkatachalliah came on the scene, and he judicial activism essay the tone for new activism. As the Chief justice, he adopted a posture independent of the governmentand was sympathetic to the filing of PIL cases. He took the lead and judges began to get bolder. A polity usually comprise three wings — Executive, judicial activism essay, Legislature and Judiciary.
Each generally has its own role to perform. In this contextit may be worthwhile recalling the views Prof. Juffrey jowell from England. Outlining the guiding principles of judicial activism. He said that judges may intervene if the executive exceeds the terms of power conferred on them. So is judicial intervention to be invited if the state refuses to comply with the statutory judicial activism essay. It is also to be seen that policy is not sacrifice for principle.
We live in an era where governments are weakened. Judges, in the circumstances, provide better guideposts to the State so that policy is not ignored. Elected representatives must fulfill the legitimate aspirations of the people. True, utilitarian policiesjudicial activism essay, socio- economic actions and rational implementation is best tackled and judges are notjudicial activism essay former do not like to cians are elected and judges are notjudicial activism essay, the former do not like to be pulled up by the latter.
However, if the elected representatives betray the mandate reposed in them, they surely should be brought to book. And the process is only through recourse to courts. To bring back the rule of in a peaceful manner, and not through bloody revolution judicial activism is the first step.
Judicial activism becomes necessary to put a check on tyranny born out of a temporary political majority in legislature which might otherwise seek to rewrite the constitution in order to be entrenched in power. In the same way judicial intervention becomes inevitable when the executive and the legislation abandon their duties and responsibilities. There are fears in some quarters that the judiciary is overstepping its authority, that it is trespassing into spheres reserved for Parliament and the executive.
Indeed, Article 1 provides immunity to legislative assemblies from any judicial action over conduct of business in the house. In a similar was, Article 1 gives immunity to the Members of Parliament for proceedings in Parliament. The Supreme Court has given firm decision. Among such initiatives have judicial activism essay the orders given by the Supreme Court to the Delhi government to clean the polluted air in the city by phasing out diesel run public transport in favour of vehicles run on CNG compressed natural gas.
Judicial activism also saw the high courts go into the act in various parts of the country by banning day- long general strikes because of their disruptive effect on daily life or asking that political processions be rusticated to certain localities and certain specified periods. It was judicial intervention that helped the Election Commission to insist on the publication of the assets of candidates before contesting.
And even more important declare if any criminal charges existed against them. These are citizen-friendly moves. It may also be pointed out that as the law stands. The CBI is a department under a particular minister. And there is no provision in law that the agency should report to a court and not to the minister concerned.
And the CBI is also under law. The law, as it standsmay be productive of abuse but changing that law is the business of the legislature not the courts, judicial activism essay. So, here is the judiciary actually legislating! Judicial activism essay, what are the citizens to do if the executive authority would not do anything about the spreading canker of corruption in public life.
And the legislature, including the highest one, is unable to do anything except to paralyse itself? Having lost all hope of any judicial activism essay by the political system. Most Indians have started viewing politicians of all hues with cynicism, even contempt. Although all is not well with the judiciary too, it is still the best guard of national interests and the interests of the people. it tends to be so even at the risk of being dubbed as over active.
The former Chief justice of India, judicial activism essay. In recent years, as the incumbents of Parliament have become less representative of the will of the peoplethere has been a growing sense of frustration with democratic process. The ordinary citizen have reacted in two ways.
One group — whose members constitute a large majority- has chosen to look upon these developments as an unavoidable feature and has adapted itself to these uncertainties while continuing to bemoan sits destiny.
The other froup-which construes a very small minority- judicial activism essay sought to achieve its positive. innovative approach and has sought to achieve its objectives through the judiciary. This it does by approaching public spirited organisations and bodies. Who, in turnfile public interest cases before the courts. This would have been wholly unnecessary if the issues were fully discussed in Parliament and people were kept informed of developments, judicial activism essay.
When such citizen raise grave constitutional issues and exercise their fundamental rights in invoking the jurisdictionthe Supreme Court is lift with little choice but to act. Judicial activism may seem disturbing when seen to encroach upon executive and executive and legislative spheres of action. The lack of concern by the legislature for some pressing problems of the people and the near-disappearance of responsible and responsive governance by the executive have compelled the court to enforce the rights of citizens through novel and innovative strategies to meet the needs of judicial activism essay times whether it is government accommodation or the Hawala case, the court is upholding constitutional rights ; the right to life in the first example and the right to equality in the latter two, judicial activism essay.
Self — restraint, tolerance for institutional autonomy do not come easily to the rich and powerful in India. The Indian Constitution allows a persons to move the Supreme Court directly for redress of violation of basic rights Article In the circumstancesthe doctrine of separation of power can only signify division of function.
If the decisions of the coordinate branches of government are constitutionally correct, the judiciary has no right to interfere. In cases of judicial monitoring of institutions like jails and juvenile homes, judicial activism essay, it is wrong to say that the court us administering these institutions ; it is the executive which continues to administer them but with the added duty of reporting to the court. The situation has arisen because of the indifference shown by the executive judicial activism essay the constitution rights of citizens within these institutions.
Judicial activism is feared even by conscientious and highly knowledgeable citizen of India on the ground that judicial activism essay may lead judicial activism essay a violation of basic principle of democracy- replacing an elected government by a nominated body. Nani Palkivala laments that we have a achieved a degree of degradation and corruption that the only way of preserving order is seen to be governance to the country through the apex court.
We forget the elementary proposition that courageously. If today. The duty of governing the country can be shifted from the government to the Supreme Court, tomorrow it may be shifted from the elected representatives to nominated individuals. For example, the people may accept the decision of the army or any other dictatoras they are accepting the decisions of the Supreme Court today, without asking the question whether they are in the realm of the governance of the country.
What has happened before can happen again. If the government of the country can be carried on, not by the elected representatives of the people but by individuals the nominated by the government, is there- from the viewpoint of democracy judicial activism essay much difference between a government by lawyer appointed by the government to be Supreme Court judges and government by military officers nominated to be in charge of the army?
A disheartening situation, but in the present circumstances, there appears to be no choice- the judiciary seems to be the people for restoring lost, democratic rights. After all, how can democracy be better served ifalong with the executive and legislaturethe judiciary too abandons the citizen?
That could lead to a situation in which the judicial activism essay may be compelled to take the law into their own hands; there would then be a revolution. judges, too, are human and prone to errors and human aberrations.
It is therefore absolutely necessary that the court is slowed to decide these matters without someone imputing motives or mala judicial activism essay intentions to the judges. Nonetheless, the very essence of democracy and its product, judicial activism essay, the liberal order, would demand that the judges do not object to a discussion. Just as the ministersbureaucrats and legislators are not above criticism, similarly, the judges of judicial activism essay High Court and the Supreme Court cannot be presumed to be beyond the pale of scrutiny, judicial activism essay.
Judicial activism should judicial activism essay become judicial fundamentalism. In the words of justice J.
Self discipline is to be practised strictly by the members of the judiciary and judges must refrain from commenting on policy matters. One worry concerning judicial activism ishowever, real: what if the orders passed are not enforced? The Communists, for example, have time and again explicitly expressed their disobedience of the directives against strikes and processions, arguing that such directives ciolate dthe universally accrpted democratic rights to protest. In a somewhat similar manner, the Rashtriya Judicial activism essay Sangh RSSSand its sister organisations such as the Bajrang Dal and the VHP had expressed the view, at the height of the temple — mosque dispute in Ayodya, that viewthat the courts have no jurisdiction in matters of religious faith.
What if these PIL cases become unmanageable numerically and are put up by unscrupulous elements judicial activism essay intend to use it for promoting the vested interests?
What is JUDICIAL ACTIVISM? What does JUDICIAL ACTIVISM mean? JUDICIAL ACTIVISM meaning \u0026 explanation
, time: 7:11Judicial Activism Essay - Words
· Essay No. 01 POINTS TO DEVELOP 1. Broad meaning of the term ‘judicial activism’. concept of ‘ basic structure’ of the Constitution born out of judicial blogger.comted Reading Time: 11 mins · Judicial activism can in general terms be defined as judge legislating on the bench. Judicial activism is a situation where the presiding judge or jury issues a judgment on a case based on his or her political or personal thoughts. The judgment may also be based on pressures that emanate outside the constitution · Judicial activism describes how a judge approaches or is perceived to approach exercising judicial blogger.com term refers to scenarios in which a judge issues a ruling that overlooks legal precedents or past constitutional interpretations in favor of protecting individual rights and serving a broader social or political blogger.comted Reading Time: 8 mins
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