essay on judicial activism in india

Judicial activism is a concept that originated in the US in 1947. It has been seen in India since the Emergency days. Judiciary and judicial activism are important topics to be understood by the aspirants for IAS Exam.The article will introduce you to judicial activism, its methods, significance and pros and cons.

500 Words Essay on Judicial Activism in India Introduction to Judicial Activism in India. Judicial activism in India refers to the proactive role played by the judiciary in promoting justice, upholding the rule of law, and protecting the rights of citizens. It is a dynamic process that has evolved over time, reflecting the judiciary's ...

Judicial Restraint is the antithesis of Judicial Activism. Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. In short, the courts should interpret the law and not intervene in policy-making. The original intent of those who wrote the constitution.

This essay undertakes a comprehensive exploration of the intricate intricacies surrounding judicial activism in the Indian context, delving into its historical antecedents, seminal adjudications, and the persisting conundrums that continue to arouse scholarly debates and legal controversies. ... [13] Avinash, Judicial Activism in India: An ...

This article seeks to address the historical evolution of judicial activism in India along with the reasons that catapult the trend of activism in the Indian judiciary. It also explores the recurrent impasses between the executive and the judiciary. Get full access to this article.

One of the most famous examples of judicial activism in India is the case of Kesavananda Bharati v. State of Kerala (1973). The decision, in this case, marked a turning point in the evolution of judicial activism in India. Since then, the Indian judiciary has become active in shaping the law and public policy.

Origin and development of judicial activism . The theory of judicial activism emerged during the judicial review process in the United Kingdom. The British Constitution is an example of an unwritten constitution that allows for judicial activism. During Stuart's reign (1603-1688), the unwritten constitution created the possibility of judicial review, and thus judicial activism was born.

V o l u m e 3 I s s u e 3. JUDICIAL ACTIVISM IN INDIA. Pratiyusha Kar. 1. Introduction. "Judicial activism is a sharp -edged tool which has to be used as a scalpel by a skillful surgeon. to cure ...

Essay on Judicial Activism in India for UPSC & All Competitive Exams. Judicial activism in India refers to the proactive role adopted by the judiciary, more particularly the higher courts, in ensuring that laws and policies adhere to the spirit of the Constitution and protect the rights of citizens. It may be understood as judges stepping ...

'Judiciary Should Not Expand its Role: Experts', The Hindustan Times, October 14, 1996, 6; 'Experts Differ on Correctness of Judicial Activism', The Times of India, January 13, 1997, 4; Upendra Baxi, 'Legal Activism: Judicial Tryst with Indian Destiny', The Times of India, August 19, 1997, 12; 'Shekhar Decries Judicial Activism', The Times of India, January 14, 1998, 1; and ...

Abstract. Judicial activism is a legal expression which refers to court decisions that are primarily or entirely taking into consideration the individual or political observations of a judge, in place of subsisting laws. Judicial activism is when a judge decides on a case in conformity with the effect of his personal views on public policy.

judicial activism, development of Judicial Activism in India, Judicial Activism in various periods. Keywords: Judicial Activism, Supreme Court, Theories of Judicial Activism etc., Introduction "Justice is supreme and justice ought to be beneficial for the society so that the society is placed in a better-off situation.

the life, liberty and equality of the people. Judicial activism, also known as judicial dynamism, is the antithesis of 'judicial restraint', which means the self-control exercised by the judiciary. In India, from the 1980s onwards, judicial activism engaged the attention of the people far and wide when they took note of the fact that the courts

Table of ContentsIntroduction to Judicial Activism: Laws for Social Justice and Individual RightsA Look at Democracy's 70-Year JourneyJudicial Activism in India: The Role of Public Interest Litigation (PIL)Evolution of Judicial Activism: The Power of Public Interest Litigation (PIL)The Transformative Impact of Judicial Activism on Rights, Access, and DemocracyExamining the Issues of Judicial ...

through judicial activism. It also talks about how the concept of PIL was evolved in India governing the different principles. Along with this, the paper discusses the merits and demerits of both PIL and judicial activism and further it deals with the recent case laws which has shaped India wonderfully in a positive manner.

Judicial activism gives jurists the right to strike down any legislation or rule against the precedent if it goes against the Constitution. Failure on part of the legislative and executive wings of the Government to provide 'good governance' makes judicial activism an imperative. Background. Judicial activism began when access to courts was ...

The concept of judicial activism originated and developed first in the USA. This term was first coined in 1947 by Arthur Schlesinger Jr., an American historian and educator. In India, the doctrine of judicial activism was introduced in the mid-1970s. Justice V.R Krishna Iyer, Justice P.N Bhagawati, Justice O. Chinnappa Reddy and Justice D.A Desai laid the foundations of judicial activism in ...

Judicial Activism. Judicial activism is the practice of courts examining state actions and judicial philosophy that considers broader societal implications beyond the applicable law. It contrasts with judicial restraint, which adheres to original intent, and precedent, and defers policy decisions to the legislature and executive.

Abstract. The functioning of India's Supreme Court has been informed by a high degree of judicial activism, which has drawn acclaim and criticism in equal measure. This chapter examines the origins, traces the evolution, analyses the effects, and assesses the institutional and public policy implications of such activism.

KEY WORD: - Judicial Activism, Judicial Restraint, Constitution, Transparence, Judiciary 1. INTRODUCTION Judicial activism applies to the judiciary's proactive role in interpreting and modifying the law, particularly in constitutional matters. In India judicial activism has had a considerable impact on the formation of constitutional law.

Unlike the case of public interest litigation in Canada or the United States, the legal aid/public interest movement in India has been almost entirely initi- ated and led by the judiciary.19 The movement has been widely dis- cussed by judges in the popular press and academic literature, and it.

The judicial activism in India had touched almost every aspect of life to provide positive justice. Many a times the right to judicial review and judicial activism act as a boon for the weaker section of society in protecting their rights by mere filling of a social interest litigation or a public interest litigation. ... So the question was ...

Judicial activism happens when the courts have power to review the State action. Article 13 read with Articles 32 and 226 of the Indian Constitution gives the power of judicial review to the higher judiciary to declare, any legislative, executive or administrative action, void if it is in contravention with the Constitution.

The Supreme Court of India, established on January 28, 1950, has completed 75 years of its existence, marking a significant milestone in the country's judicial history. Over the years, the Supreme Court has played a crucial role in shaping India's legal and constitutional landscape. Read here to learn more.