Question Q.11GS2GS2

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.

Main Body

Judiciary, a crucial spoke of the Indian Republic, is the guarantor of rights and promulgator of Rule of Law. Constitutionally spirited activism: - Intent for + Suomoto = activism for change - (Suo Moto Judicial Petitions initiable) 1) Facilitates constitutional morality a true meaning of justice via Article 142. 2) Related loose standing for aiding public interest a Bhagwati's PIL mechanics for individuals' rights. 3) Going the 'extra mile' for effecting equal perception of law. 4) Protection against arbitrary action of the state a Champakam Dorairajan land case.

5Persuading government to uphold freedom and equality a Union's role in declaring rights for LGBTQIA + community 6) Safeguarding constitutional terms in federal dispensation a Verdict on Tamil Nadu's Bill hastier of gubernatorial office. 7) Provision of executive accountability in fear of judicial tear down a Codgate team However, an overreach of sorts, into other organs functionality is alleged, this violating Montesquieu's Separation of power. 1) Judicial Legislation a Place of worship Act, opened to all perspectives by SC

2Executive action and rule-making by judiciary, instead of directive to state. a disabled people's rights and rules for adversarial. 3) Expansion of rights, without parliament lay approval a Article 21 and 19 4) Undermining Parliament's sovereignty by bringing exclusive powers under TDP. a Delimitation, now under judicial review. [Head diagram] complement judicial | legislative and | enforcement mechanism ambiet | executive moral | ambience (convergence of communication) | sustain tasking Convergence of communication and well per constitutional design. Judicial pro-activism, balanced on constitutional principles, can yield beyond mere pedantic legalism.

259 words1 paragraphs

Conclusion

Judicial pro-activism, balanced on constitutional principles, can yield beyond mere pedantic legalism.

12 words

Open original scan

Page 23

Topper

ZINNIA AURORA

AIR 62025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Separation of Powers

Judicial Activism

Writing Stats

271

Total words

Paragraphs

analytical

Tone