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 any amendment passed by Parliament that is in conflict with the basic structure of the Constitution.In the 2G scam, the SC cancelled 122 telecom licenses and spectrum allocated to 8 telecom companies on the grounds that the process of allocation was flawed.The Supreme Court rolled out a blanket ban on firecrackers in the Delhi – NCR area with certain exceptions in 2018.The SC invoked terror laws against alleged money launderer Hasan Ali Khan.Judicial Activism in simple words means when judges interrupt their own personal feelings into a conviction or sentence, instead of upholding the existing laws. Judicial Activism also provides insights into the issues.
Status quo and Criticism of Judicial Activism in India. Judicial Review Though legislature has the power to make laws, this power is not absolute. Repeated interventions of courts can diminish the faith of the people in the integrity, quality, and efficiency of the government.Judicial activism has also faced criticism several times. They are: 1. It has been seen in India since the Emergency days.
So that the only work remaining for the judiciary is interpretations.
In the issue of majority, It helps address problems hastily where the legislature gets stuck in taking decisions.Firstly, when it surpasses its power to stop and misuse or abuse of power by the government. The questions, in this case, were whether the amendment is a law; and whether Fundamental Rights can be amended or not. It encourages the judiciary to respect the laws or rules set out in the constitution.
Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. Many times, the judiciary, in the name of activism, interferes in an administrative domain, and ventures into judicial adventurism/overreach.
This judgement defined the basic structure of the Constitution. Copyright © 2019 Drishti The Vision Foundation, India. Thus showing the instilled trust placed in the justice system and its judgments.Judicial Activism helps the judiciary to keep a check on the misuse of power by the state government when it interferes and harms the residents. The has been considered as the guardian and protector of the Indian Constitution. provides the power of judicial review to the higher judiciary to declare any executive, legislative or administrative action void if it is in contravention with the Constitution.According to experts, the shift from locus standi to public interest litigation made the judicial process more participatory and democratic.Judicial activism counters the opinion that the judiciary is a mere spectator.It all started when the Allahabad High Court rejected the candidature of Indira Gandhi in 1973. ruled that undertrials in Bihar had already served time for more period than they would have, had they been convicted. It only allows judges to do what they see fit within rationalised limits.
In this context, judicial restraint is talked about.
Judicial activism has arisen mainly due to the failure of the executive and legislatures to act. They are:Judicial review (power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict with the Constitution)PIL (The person filing the petition must not have any personal interest in the litigation, this petition is accepted by the court only if there is an interest of large public involved; the aggrieved party does not file the petition).
Neither is the broad separation of powers among the three organs of the state maintained nor is the law being preserved.In Ram Jawaya v. The State of Punjab (1955), the court observed: “Our Constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another.” This implies that there should be a broad separation of powers in the Constitution among the three organs of the state (legislative, executive, judiciary) and that one organ should not encroach into the domain of another. The active role of the judiciary in upholding the rights of citizens and preserving the constitutional and legal system of the country is known as judicial activism.
In this post, we shall compare Judicial Review vs Judicial Activism vs Judicial Overreach. An example of judicial activism is the famous Kesavananda Bharati case.Both are opposing concepts. There are various methods of judicial activism which are followed in India. PIL (The person filing the petition must not have any personal interest in the litigation, this petition is accepted by the court only if there i… 15 Judiciary: High Court, Subordinate Courts, Issues, Judicial Reforms 16 Federal Structure, Devolution of Power 17 Emergency Provisions 18 Examples of Judicial Activism in India 19 Constitutional Bodies 20 Quasi-Judicial Bodies 21 Regulatory Authorities in India 22 Towards Holistic Panchayat Raj 23 Pressure Groups 24 Civil Services Board
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