Question

what do you understand by judicial activism ? give arguments in favour and against of judicial activism ?(4 marks) pol.science class 11 NCERT ​

Answer 1

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It can be defined as a philosophy of judicial decision making where by judges allow their personal views regarding a public policy instead of constitutionalism..

Answer 2

Answer:

The independence of judiciary means that other organs of government should not interfere in the functioning and decisions of the judiciary and judiciary can perform its duties without any favour or f2ar. It enjoys various provisions in constitution to ensure independence of judiciary as follows:

Parliament has no say in the appointment of judges to avoid politics.

The judges enjoy a fixed tenure as they hold their office till the age of their retirement and the constitution prescribes very difficult procedure for exceptional cases if required.

The action and decisions of the judges are immune from personal criticism.

The salaries and allowances of the judges are not subjected to the approval of the legislature as per the constitution.

The judiciary can penalise them who are found guilty of the contempt of court.

The constitution specifically bars the Parliament from discussing the conduct of the judges except the impeachment proceedings.