Write a note on judicial activism in India.
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Answer:
Judicial activism is a judicial philosophy that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. It is usually a pejorative term, implying that judges make rulings based on their own political agenda rather than precedent and take advantage of judicial discretion. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers.
ᴊᴜᴅɪᴄɪᴀʟ ᴀᴄᴛɪᴠɪsᴍ ɪs ᴀ ᴄᴏɴᴄᴇᴘᴛ ᴛʜᴀᴛ ᴏʀɪɢɪɴᴀᴛᴇᴅ ɪɴ ᴛʜᴇ ᴜs ɪɴ 1947. ɪᴛ ʜᴀs ʙᴇᴇɴ sᴇᴇɴ ɪɴ ɪɴᴅɪᴀ sɪɴᴄᴇ ᴛʜᴇ ᴇᴍᴇʀɢᴇɴᴄʏ ᴅᴀʏs. ᴊᴜᴅɪᴄɪᴀʀʏ ᴀɴᴅ ᴊᴜᴅɪᴄɪᴀʟ ᴀᴄᴛɪᴠɪsᴍ ᴀʀᴇ ɪᴍᴘᴏʀᴛᴀɴᴛ ᴛᴏᴘɪᴄs ᴛᴏ ʙᴇ ᴜɴᴅᴇʀsᴛᴏᴏᴅ ʙʏ ᴛʜᴇ ᴀsᴘɪʀᴀɴᴛs ғᴏʀ ɪᴀs ᴇxᴀᴍ. ᴛʜᴇ ᴀʀᴛɪᴄʟᴇ ᴡɪʟʟ ɪɴᴛʀᴏᴅᴜᴄᴇ ʏᴏᴜ ᴛᴏ ᴊᴜᴅɪᴄɪᴀʟ ᴀᴄᴛɪᴠɪsᴍ, ɪᴛs ᴍᴇᴛʜᴏᴅs, sɪɢɴɪғɪᴄᴀɴᴄᴇ ᴀɴᴅ ᴘʀᴏs ᴀɴᴅ ᴄᴏɴs.
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ᴀssᴇʀᴛɪᴏɴ ᴏғ ᴊᴜᴅɪᴄɪᴀʀʏ ᴀɴᴅ ɪᴛs ᴘᴏᴡᴇʀ ɪs ʀᴇғᴇʀʀᴇᴅ ᴛᴏ ᴀs ᴊᴜᴅɪᴄɪᴀʟ ᴀᴄᴛɪᴠɪsᴍ. ɪᴛ ɪs ᴀʟsᴏ ᴅᴇғɪɴᴇᴅ ᴀs ᴀɴ ᴏᴠᴇʀ ᴀᴄᴛɪᴠᴇ ᴊᴜᴅɪᴄɪᴀʀʏ. ... ᴛʜᴇ ᴀᴄᴛɪᴠᴇ ʀᴏʟᴇ ᴏғ ᴛʜᴇ ɪɴᴅɪᴀɴ ᴊᴜᴅɪᴄɪᴀʀʏ, ᴘᴀʀᴛɪᴄᴜʟᴀʀʟʏ ᴛʜᴀᴛ ᴏғ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ, ʜᴀs ʙᴇᴇɴ ᴀᴘᴘʀᴇᴄɪᴀᴛᴇᴅ ʙᴏᴛʜ ᴡɪᴛʜɪɴ ᴀɴᴅ ᴏᴜᴛsɪᴅᴇ ɪɴᴅɪᴀ.