Question

Judicial activism essay english easy language

Answer 1

Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice.

Judiciary has become the centre of controversy, in the recent past, on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation.

The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by pro­gressive interpretation and positive action.

The Supreme Court has developed new methods of dispens­ing justice to the masses through the public interest litigation. Former Chief Justice PN. Bhagwat, under whose leadership public interest litigation attained a new dimension comments that "the supreme court has developed several new commitments.

It has carried forward participative justice. It has laid just standards of procedure. It has made justice more accessible to citizens".

The term 'judicial activism' is intended to refer to, and cover, the action of the court in excess of, and beyond the power of judicial review. From one angle it is said to be an act in excess of, or without, jurisdiction. The Constitution does not confer any authority or jurisdiction for 'activism' as such on the Court.

Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It mainly occurs due to the non-activity of the other organs of the government.

Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. Judicial activism is pro­viding a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times.

In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration.

Judicial activism has arisen mainly due to the failure of the executive and legislatures to act. Sec­ondly, it has arisen also due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly, it occurs because the entire system has been plagued by ineffec­tiveness and inactiveness.

The violation of basic human rights has also led to judicial activism. Finally, due to the misuse and abuse of some of the provisions of the Constitution, judicial activism has gained significance.

Besides the above mentioned factors, there are some other situations that lead to judicial activism. These are:

(i) When the legislature fails to discharge its responsibilities.

(ii) In case of a hung parliament where the government is very weak and instable.

(iii) When the governments fail to protect the basic rights of the citizens or provide an honest, efficient and just system of law and administration,

(iv) When the party in power misuses the courts of law for ulterior motives as was done during the Emergency period, and

(v) Finally, the court may on its own try to expand its jurisdiction and confer on themselves more func­tions and power