What is the main resource of judicial activism in India?
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The main source of Judicial Activism
Explanation:
- Judicial activism is judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial political issue, particularly in the United States. The question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers.
- Judicial activism can lead to a conflict between the judiciary and the executive because of the interference of the judiciary in the domain of the executive. Issues related to pollution, investigation of cases against corruption and electoral reforms that are ordinarily handled by the executive under the control of the legislature, are being resolved by the judiciary. Judicial activism also violates the democratic principle of respecting the powers and jurisdiction of each organ of government as it confers extraordinary powers on the judiciary.
- Thus,the balance between the three organs of the government has become every delicate.
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