Malcolm Rivera
Judicial activism in India refers to the judiciary's proactive role in protecting citizens' rights, ensuring justice, and preserving the constitutional and legal system. It involves the judiciary interpreting the constitution and laws flexibly to address societal issues and uphold constitutional values, sometimes stepping into the territories of the executive and legislative branches when they fail to fulfil their duties. The Indian judiciary, particularly the Supreme Court and High Courts, plays a crucial role in safeguarding the fundamental rights of citizens and has the power to declare any law or order unconstitutional if it conflicts with the Constitution. This concept, which emerged in the United States in 1947, was later adopted in India in the 1970s and has since become an essential aspect of the country's judicial system.
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What You'll Learn
Judicial activism and the protection of citizens' rights
Judicial activism in India refers to the proactive role of the judiciary in protecting citizens' rights and ensuring justice. The concept, first coined in the USA in 1947, was later adopted in India in the 1970s by influential judges. Judicial activism empowers judges to interpret laws flexibly, often stepping in when the legislative or executive branches fail to uphold their duties.
The Indian judiciary has actively defended individuals' fundamental rights from the state's unjust, unreasonable, and unfair actions or inactions. This includes defending the rights of women in the workplace and implementing the fundamental principles of sustainable development. The judiciary has proven to be an advantage for the poor by shifting from the "Locus Standi" principle to Public Interest Litigation (PIL). PIL has made the judicial process more democratic and accessible to citizens, allowing them to seek protection of their rights when all other doors are closed.
The Indian Constitution provides the judiciary with the power of judicial review, enabling them to declare any legislative, executive, or administrative action as unconstitutional and void if it violates the Constitution. Articles 32 and 226 of the Constitution guarantee every person the right to directly file a case with the Supreme Court of India for the enforcement of their fundamental rights. The Supreme Court has the authority to issue orders to ensure full justice and can even enact laws under Article 142, although this power is typically reserved for Parliament.
Judicial activism has led to significant moments in Indian constitutional history. In the Keshavananda Bharti v. State of Kerala (1973) case, the Supreme Court ruled that while Parliament has broad powers to amend the Constitution, those powers must not destroy the basic structure of the Constitution. This "basic structure" doctrine became a crucial aspect of Indian law, empowering the judiciary to strike down amendments that conflict with the Constitution's fundamental framework.
However, judicial activism has also sparked controversy, particularly regarding the separation of powers and the balance between the judiciary, legislature, and executive. Critics argue that judicial activism can disrupt the checks and balances between these branches of government. Nonetheless, judicial activism in India remains an essential tool for upholding citizens' rights and ensuring that the state adheres to constitutional principles.
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Judicial activism and the promotion of justice
Judicial activism in India refers to the proactive role of the judiciary in protecting citizens' rights and ensuring justice. It empowers judges to interpret laws flexibly, often stepping in when the legislative or executive branches fail to uphold their duties. Judicial activism in India was introduced in the 1970s by influential judges V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, and D.A. Desai.
The concept of judicial activism is deeply rooted in the Indian Constitution, which provides the judiciary with the power of judicial review. This power allows the judiciary to examine state actions and determine whether they are consistent with the Constitution. Articles 32 and 226 of the Indian Constitution give the higher judiciary the authority to consider any legislative, executive, or administrative action as unconstitutional and void if it violates the fundamental rights guaranteed in the Constitution.
The Indian judiciary has played an active role in defending individuals' fundamental rights from the state's unjust, unreasonable, or unfair actions or inactions. This includes protecting the rights of women in the workplace and implementing the fundamental principles of sustainable development. The judiciary has also addressed societal issues, such as custodial violence against women prisoners and inhumane conditions for undertrial prisoners.
Judicial activism in India has also led to controversies regarding the separation of powers and checks and balances. For example, in the case of Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala (1973), the Supreme Court of India ruled that the executive had no right to interfere with the basic structure of the Constitution. This case established the theory of the "basic structure," which asserts that while Parliament has broad powers to amend the Constitution, those powers must not destroy the basic framework of the Constitution.
In conclusion, judicial activism in India has played a crucial role in promoting justice and protecting the rights of citizens. By interpreting laws flexibly and ensuring that the state upholds its constitutional obligations, the judiciary has become a guardian and protector of the Indian Constitution. However, judicial activism has also raised concerns about the delicate balance of power between the judiciary, the legislature, and the executive.
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Judicial activism and the interpretation of laws
Judicial activism in India refers to the proactive role of the judiciary in protecting citizens' rights and ensuring justice. It empowers judges to interpret laws flexibly, often stepping in when the legislative or executive branches fail to uphold their duties. Judicial activism in India was introduced in the 1970s by influential judges V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, and D.A. Desai.
The concept of judicial activism is deeply rooted in the Indian Constitution, with Articles 32 and 226 providing the power of judicial review to the higher judiciary. This power allows them to declare any legislative, executive, or administrative action as unconstitutional and void if it violates the fundamental rights guaranteed by the Constitution. The right to judicial review is further reinforced by Article 13, which states that any law made by the union or states that violates fundamental rights shall be void.
The Indian judiciary has played an active role in defending individuals' fundamental rights from the state's unjust, unreasonable, or unfair actions or inactions. This includes landmark cases such as Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala (1973), where the court asserted the "'basic structure' theory," limiting Parliament's power to amend the Constitution's fundamental framework. The court's decision in M Siddiq (D) Thr Lrs v. Mahant Suresh Das and Ors (2019), also known as the Ram Janmabhoomi/Babri Masjid case, demonstrated its authority to enact laws under Article 142, despite Parliament retaining primary legislative powers.
Judicial activism in India has also addressed societal issues, such as defending the rights of women in the workplace and promoting sustainable development principles. The shift from the "Locus Standi" principle to Public Interest Litigation (PIL) has made the judicial process more accessible and democratic, allowing citizens to seek justice directly from the courts when their rights are violated.
However, judicial activism in India is not without its controversies. Critics argue that it can disturb the separation of powers and checks and balances between the judiciary, legislature, and executive branches. The Indian judiciary's assertive role in forcing the other organs of the government to fulfil their constitutional duties has sparked debates about the supremacy between Parliament and the Supreme Court.
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Judicial activism and the separation of powers
Judicial activism in India refers to the proactive role of the judiciary in protecting citizens' rights and ensuring justice. It empowers judges to interpret laws flexibly, often stepping in when the legislative or executive branches fail to uphold their duties. Judicial activism in India was introduced in the 1970s by a group of influential judges, following the concept's emergence in the United States in 1947.
The Indian judiciary has actively defended individuals' fundamental rights from the state's unjust, unreasonable, and unfair actions or inactions. This has included defending the rights of women in the workplace and implementing the fundamental principles of sustainable development. The judiciary has the power to examine the constitutionality of any law, and if a law is found to be inconsistent with the provisions of the constitution, the court can declare it unconstitutional. This power of judicial review is provided under the constitution, specifically Articles 32 and 226, which allow any person to directly file a case with the Supreme Court for the enforcement of their fundamental rights.
However, judicial activism has also led to controversy regarding the separation of powers and checks and balances. The Supreme Court's decisions, such as in the Keshavananda Bharti v. State of Kerala case (1973), have asserted the court's power to strike down amendments passed by Parliament that conflict with the basic structure of the constitution. This has resulted in a debate about the supremacy between Parliament and the Supreme Court.
Additionally, judicial activism can be seen as a violation of the principle of separation of powers, as it involves the judiciary interrupting its passive role and intervening in the duties of the legislative and executive branches. Critics argue that the power of judicial review, held by the non-democratic organ in the government, is undemocratic.
In conclusion, judicial activism in India has played a significant role in protecting citizens' rights and ensuring justice, especially when other branches of the government have failed in their duties. However, it has also led to controversies regarding the separation of powers and the delicate balance between the judiciary, legislature, and executive. The Indian judiciary's proactive approach to upholding the constitution and protecting fundamental rights continues to shape the country's governance and democracy.
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Judicial activism and the Indian Supreme Court
Judicial activism in India refers to the proactive role of the judiciary in protecting citizens' rights and ensuring justice. It empowers judges to interpret laws flexibly and address societal issues and safeguard constitutional values, often stepping in when the legislative or executive branches fail to uphold their duties. The Indian judiciary has been viewed as the guardian and protector of the Indian Constitution, with the Supreme Court and High Courts vested with the power to examine the constitutionality of any law. If a law is found to be inconsistent with the provisions of the Constitution, the court can declare it unconstitutional.
The concept of judicial activism emerged in the United States in 1947 and was later adopted in India in the 1970s by influential judges such as Justices V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, and D.A. Desai. In India, judicial activism has gained importance due to the misuse and abuse of some constitutional provisions, rampant corruption in other organs of government, and violations of basic human rights.
The Indian Supreme Court has played a significant role in judicial activism, with cases that have shaped the country's constitutional jurisprudence. One notable case is Keshavananda Bharti v. State of Kerala (1973), where the Court ruled that while Parliament has broad powers to amend the Constitution, those powers must not destroy the basic structure or framework of the Constitution. This established the theory of the "basic structure," which protects the core principles of the Constitution from being abrogated even by constitutional amendments.
Another example of the Supreme Court's judicial activism is seen in the M Siddiq (D) Thr Lrs v. Mahant Suresh Das and Ors (2019) case, also known as the Ram Janmabhoomi/Babri Masjid case. In this case, the Supreme Court overturned the Allahabad High Court's ruling from 2010, invoking its authority under Article 142 of the Indian Constitution. This article allows the Supreme Court to enact laws, despite the primary authority resting with Parliament, when there is a gap in the law or the order serves the public interest.
Additionally, the Supreme Court has intervened in matters of public interest litigation (PIL), where individuals can file petitions without personal interest, bringing urgent public issues to the Court's attention. The Court's rulings in these cases have addressed issues such as custodial violence against women prisoners and inhumane conditions for undertrial prisoners, reflecting its commitment to protecting citizens' rights and promoting justice in society.
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Frequently asked questions
Judicial activism is the practice of using the courts' authority to examine state actions and protect citizens' rights. It involves judges actively interpreting and shaping the law, rather than simply applying it as it is written.
There are several methods of judicial activism that are followed in India. These include judicial review, which gives the judiciary the power to interpret the constitution and declare any law or order of the legislature and executive void if it conflicts with the Constitution. Another method is Public Interest Litigation (PIL), where the person filing the petition must not have any personal interest in the litigation, and the court only accepts the petition if there is a large public interest involved.
The Indian judiciary has played an active role in protecting citizens' rights and upholding the Constitution. Some examples of judicial activism in India include the Hussainara Khatoon (I) v. State of Bihar (1979) case, where the court held that the right to a speedy trial is a fundamental right, and the National Legal Services Authority v. Union of India (2014) case, where the Supreme Court recognised the right to self-identify one's gender.
Judicial activism and judicial restraint are opposite concepts, but they share the same goal of providing justice. Judicial activism refers to the proactive role of the judiciary in interpreting and shaping the law, while judicial restraint suggests that judges should exercise self-restraint and avoid overstepping their authority by sticking to the traditional interpretation of the law.
