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 establish. Discuss.
Introduction
The recent SC judgement into governmental leading called as judicial activism leading to overreach.
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Main Body
The recent SC judgement into governmental leading called as judicial activism leading to overreach. Judicial activism is active role that judiciary plays to uphold spirit of constitution. Fundamental Right, Rule of law, Federalism, Justice. Judicial activism - Noble undertake: i it upheld the principle of federalism. Eg-RS Renamed & SC called Governor as judge not retro agent. ii it uphold tale of speak vulnerable.
Eg- Introduction of the ILLs (Humanoid election case). Protector of the fundamental rights (Ratio of Rule Structure). Eg- Minerva Hills case landmark Rights & DPSP need-five balance. iii fills the legislative gap. Eg- Vikkhaldi guidelines. iii to ensure the balance of power. Eg- NJAC judgement & toward Executive intervention. Judicial activism - Imbalance of power: i Judicial overreach - Violate separation of power. Eg- SC busing sale of alcohol allographs. ii Democratic deficit, as judiciary made India's constitution a living document, balance with judicial restraint, avoiding judicial adventurism.
HC judiciary. iii Party paralysis & delay in judgement. Eg- SCI cancelling Coal allocation, BCCI Kol allocation, direct jump from RSIV -> RSV. iv DI dwells unused policies. NIH report pointed financial + livelihood loss, as NGO identification being in NCR, or skilling of TN-fertile. Judicial activism no doubt has made India's constitution a living document, but it must be balanced with judicial restraint, avoiding judicial adventurism.
Conclusion
Judicial activism no doubt has made India's constitution a living document, but it must be balanced with judicial restraint, avoiding judicial adventurism.
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SAPNA CHANDEL
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Judicial Activism and Separation of Powers
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analytical
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