What is meant by judicial activism?
Judicial Activism in simple words means when judges interrupt their own personal feelings into a conviction or sentence, instead of upholding the existing laws.
What do you mean by judicial activism Class 11?
It can be defined as a philosophy of judicial decision making where by judges allow their personal views regarding a public policy instead of constitutionalism. Some cases of activism in India are.
What is judicial activism and judicial overreach?
There is a thin line dividing judicial activism and judicial overreach. While the former implies the use of judicial power to articulate and enforce what is beneficial for society in general, the latter is when judicial activism crosses its limit.
WHO welcomed judicial activism in India?
The judiciary remained submissive until the 1960s, with the modern trend of judicial activism beginning in 1973 when the Allahabad High Court rejected the candidature of Indira Gandhi. The introduction of public interest litigation by Justice V.R. Krishna Iyer further expanded its scope.
Which article is related to judicial activism?
Article 21 and Judicial Activism. Article 21 states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Is Pil judicial activism?
Abstract. Judicial activism through a process known as public interest litigation (PIL) has emerged as a powerful mechanism of social change in India. The process of PIL has become an integral part of the judicial system of the country.
Why is judiciary important class 11?
Why do we Need an Independent Judiciary? The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.
Do you think judicial activism can lead to a conflict between the judiciary and executive?
Answer: Yes, the judicial activism can lead to a conflict between the judiciary and the executive because judicial activism has a great impact on the political system.
How is the judiciary held accountable?
Broadly speaking, the judiciary must be accountable to the law, in the sense that the decisions made are in accordance with the law and are not arbitrary. Like other branches of government, it must also be accountable to the general public it serves. 2.
What is importance of judiciary?
The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all disputes. The real ‘meaning of law’ is what the judges decide during the course of giving their judgements in various cases.
Why is an independent judiciary important?
Importance. Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. It serves as a foundation for the rule of law and democracy.