Essay On Judicial Activism

JUDICIAL ACTIVISM:

JUDICIAL ACTIVISM is the concept according to which judges are allowed to have their personal opinion about public policies,

JUDICIAL ACTIVISM is the instrument which can be used to make vacuum between judiciary and executive branch of government small,

JUDICIAL ACTIVISM may comprise overturning law as unconstitutional, overturning a judicial precedent, ruling against a chosen interpretation of constitutional rule,

JUDICIAL ACTIVISM is a concept of dynamic participation of judiciary, incurs faith of common man in this benevolent authority to replace corrupt legislature and bureaucracy,

JUDICIAL ACTIVISM prospers in India through PIL i.e. Public Interest Litigation, under which anyone can file case on behalf of aggrieved group or aggrieved person, contrary to

It has developed into a radical affirmative jurisprudence with its own parameters.

Judicial Activism – Meaning

Judicial Activism: The expression `Judicial Activism ' signifies the anxiety of courts to find out appropriate remedy to the aggrieved by formulating a new rule to settle the conflicting questions in the event of lawlessness or uncertain laws. The Judicial Activism in India can be witnessed with reference to the review power of the Supreme Court under Article 32 and Article 226 of the Constitution particularly in Public Interest Litigation.

MERRIAM-WEBSTER 'S DICTIONARY OF LAW defines judicial activism as "the practice in the judiciary of protecting or expanding individual rights through decision that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent.

BLACK’S LAW DICTIONARY defines judicial activism as a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their