Although upholding the spirit of the Constitution through judicial activism is noble in its intent, in practice it runs the risk of undermining the delicate balance of power that the Constitution sought to achieve. Critically examine.
Introduction
Balance of power forms the basic structure of constitution through DRP (MARTD)
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Main Body
However prevent judicial overreach undermining it:
Judicial activism is novel instrument because:
1. Upholds rule of law: grant rights
Q: Witalka guidelines
2. Filling policy & statuting gaps
Q: SR formal judgment
encompassing substantive cost
Q: Hussainara khatun case
Q: TV greener case (cont'd)
6. Uphold constitutional mandate
However it threatens delicate balance of power as:
2. Lack of world expertise
Q: Disrelation of SC on Imitating hysteresis (Medical)
3. Grade public trust in government
Q: Delparte P de deeding rights
4. Lack of awareness of grand scale
Q: Ban or liquor hearing
Though allegation of force is the founder of Indian democracy, however judicial activism is a fundamental need to keep the concept of limited government alive.
Conclusion
Though allegation of force is the founder of Indian democracy, however judicial activism is a fundamental need to keep the concept of limited government alive.
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DEEKSHA PATKAR
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Separation of Powers and Judicial Activism
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Paragraphs
analytical
Tone