Advertisements
Advertisements
प्रश्न
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
उत्तर
Judicial activism is related to the protection of fundamental rights as it has made the judiciary more approachable by the common people seeking justice.
The Supreme Court has the power to remedy the violation of fundamental rights by issuing writs of Habeas corpus and mandamus or by reviewing and declaring certain laws as unconstitutional.
The public interest litigation helps the poor to fight against discrimination.
Inhuman working conditions, sexual exploitation of the children, blinding of the jail inmates by the police are some of the cases that have been considered by the courts, which has made rights meaningful and useful for the poor and disadvantaged people.
Issues related to better living conditions, like clean air and water and pollution free environment, have also helped in the expansion of the scope of fundamental rights.
APPEARS IN
संबंधित प्रश्न
Answer the question.
Distinguish between judicial activism and judicial restraint.
The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?
“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”
State the appropriate concept for the given statement.
Petition regarding important public concern -
Express your opinion of the following.
Judicial activism is significant today.
______ implies pro-active approach of the judiciary towards prevailing socio-economic and political apathy in the country.
Give one word/term for the following:
An approach to jurisprudence which believes that the courts can and should go beyond the letter of the law and narrow interpretation to consider broader social implications of their decisions.
