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Question
Express your opinion of the following.
Judicial activism is significant today.
Solution
Judiciary in India has started taking a wider view of its functions. For instance, the courts have allowed individuals to file petitions on matters of important public concern. Such cases are known as Public Interest Litigation (PILs). There have been instances where the courts of their own accord, without anyone complaining or filing a petition, have taken note of matters of public concern (Suo moto). This wider view taken by the Judiciary of it's functions has been termed as 'Judicial Activism'. In recent years, Judicial Activism has led to the courts examining the legality of the decision of the executive over a wide variety of issues including the ones referred to above. Moreover, in many instances, they have also either issued orders on what should be done over many issues or have directed the executive to take action about thE same in a specified time period.
There has been much debate over Judicial Activism. Some feel that the judiciary was compelled to intervene because the executive was not discharging its functions properly, while others believe that the courts are exceeding their powers by looking into matters which fall within the jurisdiction of the executive or legislative.
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RELATED QUESTIONS
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.”
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
State the appropriate concept for the given statement.
Petition regarding important public concern -
______ 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.
