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Question
Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Solution
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 very delicate.
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RELATED QUESTIONS
What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
i. Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.
ii Judges are generally not removed before the age of retirement.
iii Judge of a High Court cannot be transferred to another High Court.
iv Parliament has no say in the appointment of judges.
Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
