Question

What are the positive and negative effects of Judiciary Activism?


The correct 1 will be marked as brainliest!!!

Answer 1

Judicial activism is not an easy concept to define. It means different things to different persons. Black's Law Dictionary defines judicial activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions." 

Judicial Activism to define broadly, is the assumption of an active role on the part of the judiciary.
Judiciary derives its power from the constitution of a country or "law of the land". This is the bone of contention. Ronald Dworkin, for example, rejects a “strict interpretation”of the constitutional text because it limits constitutional rights “to those recognised by a limited group of people at a fixed date of history.”

In India PIL or Public Interest Litigation plays a pivotal role in judicial activism. It is a matter of concern that over the years this original, beneficial and unexceptionable character of the Court’s activism in PIL has been largely converted into a general supervisory jurisdiction to correct actions and policies of government, public bodies and authorities. This is a type of judicial activism unparalleled in any other judiciary.


Justice Jackson of the U.S. has aptly said: “The doctrine of judicial activism which justifies easy and constant readiness to set aside decisions of other branches of Government is wholly incompatible with a faith in democracy and in so far it encourages a belief that judges should be left to correct the result of public indifference it is a vicious teaching.” Unless the parameters of PIL are strictly formulated by the Supreme Court and strictly observed, PIL which is so necessary in India, is in danger of becoming diffuse, unprincipled, encroaching into the functions of other branches of government and ineffective by its indiscriminate use.


As mentioned in question , let me try to explain this to a tenth standard student.

There is a school in your town where you study. You have exams next week. Revision courses are going on as of now. There are 5 subjects - Maths , Science , Social Studies , English and Arts which are revised on weekdays Monday , Tuesday , Wednesday , Thursday and Friday respectively. This system is determined by your class-teacher. You are happy with this arrangement. 
Now there is a group of students and they are weak at Maths. Hence their "influential" parents  approach the principal and ask him to replace Maths in place of Arts revision class on Friday and skip Arts revision altogether. Principal acts on it. Now the teacher's powers are curtailed or strong armed in obeying principal's judgement. This is an example of negative impacts of judicial activism where personal views of principal (SC judge) motivated by approaches of influential parents (PIL) curtail the discretionary powers of class-teacher (Government).

Answer 2

LIST OF PROS OF JUDICIAL ACTIVISM
1. It provides a system of checks and balances to the other branches of the government.
2. It allows for people to vote judges off the bench.
3. It can provide some helpful insights.

LIST OF CONS OF JUDICIAL ACTIVISM
1. It could be influenced by personal affairs.
2. It can place rulings that would eventually become final.
3. It sees the letter of politics and law as separate issues.