Essay on Judicial Activism for Class 10, 12, Mains Exam (UPSC, PSC, SSC)
Judicial activism is a decision making policy wherein the judges use their personal views about the public policy among the existing legislation to mentor their decisions. It first originated in the United States in 1947. The judiciary plays an important role in upholding the dignity and promoting the rights of the citizens. Judicial activism implies the rulings of courts based on the judgement of the judges over any issue. It gives access to the disadvantaged groups who seek relief from the prudence. In India, the judiciary activism originated after the Emergency and hence Public Interest Litigation was used by the courts to reach out to public directly.
Judicial activism methods:
- Judicial review: It is a process by which the executive, administrative and legislative actions are subject to review by the judiciary.
- Public Interest Litigation- It aimed to secure public interest and justice of the socially disadvantaged groups.
- Constitutional review: It is the evaluation of the constitutionality of laws.
- Seeking help of international statue for ensuring the rights
- Original jurisdiction: Supervisory power of the higher courts on the lower courts.
Examples of judicial activism:
1.) Golaknath Case: The questions involved in this case was whether amendment is a law under article 13(2) and whether the fundamental rights can be amended or not. Supreme court asserted that fundamental rights are not amenable as stated in Article 13 and a new constituent assembly will be needed is order to make amends.
2.) Kesavananda Bharati case: It asserted that the whether parliamentary power to amend the constitution is perfect and unqualified. The decision laid down the basic doctrine principles of the Indian constitution. The case was heard by thirteen judges of the Supreme Court. The Supreme Court held that parliament does not have the authority to amend part 3 of the constitution having fundamental rights.
3.) In the Vishakha Case, the court laid down guidelines for protection of women’s rights against sexual harassment.
4.) Special Investigation Team on Black money: The UPA government was advised by the Supreme Court to set up SIT to investigate black money.
5.) The Supreme Court granted powers to the Arunachal Pradesh Governor by which the governor and President are unanswerable to the court for the exercise of their powers.
6.) In Olga Telis case, the Supreme Court asserted that the right to livelihood as well as the shelter also should be included in Article 231 of the Constitution.
Importance of judicial activism:
- It plays a fundamental role in upholding the rights of the citizens when the executive and the legislature cannot do so.
- To resolve matters that are transferred from the subordinate courts, appeals, etc.
- To apply legislation by interpret various statues
- The Public Interest Litigation made the judiciary approach much democratic.
- To help the constitution in interpreting any uncertainty in language of any provision.
Shortcomings of the judicial activism:
- It limits the functioning of the central and state governments in the process of surpassing its own power.
- The judicial opinion made by the judges become the standard opinion for all the other cases.
- The judgement can be influenced by the personal or the selfish motives of the judge which can affect the public.
- There can be a loss of faith in the judiciary due to the recurring review of the judgements.
- It results in the violation of the statutory and the legislative laws.
Conclusion:
Judicial activism is good so long it does not interfere with the government’s policy making power. It is beneficial for the disadvantaged sections of the society.The difficult task of the judiciary is to provide equal justice to allas people have high expectations from the it due to the changing socio-economic and political situations.
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