{"id":33307,"date":"2024-03-11T05:06:10","date_gmt":"2024-03-11T05:06:10","guid":{"rendered":"https:\/\/edukemy.com\/blog\/?p=33307"},"modified":"2024-03-11T05:08:46","modified_gmt":"2024-03-11T05:08:46","slug":"what-is-meant-by-judicial-activism-evaluate-its-role-in-the-context-of-the-functioning-of-indian-polity","status":"publish","type":"post","link":"https:\/\/edukemy.com\/blog\/what-is-meant-by-judicial-activism-evaluate-its-role-in-the-context-of-the-functioning-of-indian-polity\/","title":{"rendered":"What is meant by Judicial Activism? Evaluate its role in the context of the functioning of Indian Polity."},"content":{"rendered":"\n
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Judicial activism<\/strong> is often characterized as the proactive role<\/strong> played by the Judiciary<\/strong>, and in the Indian context<\/strong>, it is deemed essential for the preservation of functional democracy<\/strong>. Despite the negative connotations associated with the term “activism,” the Indian Judiciary<\/strong> consistently functions as an alarm bell<\/strong>, ensuring the maintenance of the federal character<\/strong> and prompting the executive<\/strong> to fulfill its duties.<\/p>\n\n\n\n

The concept of judicial activism<\/strong> is not entirely distinct from routine judicial activities; rather, it involves policy-making<\/strong> in competition with the legislative<\/strong> and executive branches<\/strong>. True judicial activism<\/strong> lies in rendering decisions aligned with the contemporary zeitgeist<\/strong>. Activism<\/strong>, in this context, entails judicial policy-making<\/strong> that advances social change<\/strong> and articulates principles like liberty, equality, or justice<\/strong>. An activist judge<\/strong> activates the legal mechanism<\/strong>, playing a vital role in the socio-economic process<\/strong>.<\/p>\n\n\n\n

Judicial activism<\/strong> reflects several trends in the administrative system<\/strong>, including the expansion of rights<\/strong> to be heard on administrative lapses<\/strong>, unchecked delegation of powers<\/strong>, increased judicial control<\/strong> over discretionary powers<\/strong>, extended judicial review<\/strong> over administration<\/strong>, and the indiscriminate use of contempt power<\/strong>. In India<\/strong>, the national emergency<\/strong> in the late 1970s temporarily placed the apex court<\/strong> and High Courts<\/strong> under the executive’s authority<\/strong>.<\/p>\n\n\n\n

However, towards the end of this period, the Supreme Court<\/strong> and some High Courts<\/strong> began exhibiting signs of judicial activism<\/strong> by intervening in executive<\/strong> and legislative matters<\/strong>. Since then, the Supreme Court<\/strong> has frequently resorted to judicial activism<\/strong> as a tool to preserve the Constitution’s structure<\/strong> and promote the socio-economic development<\/strong> of the country. The Judiciary’s stance<\/strong> in recent cases, such as the 2G spectrum case<\/strong>, vividly illustrates the necessity of judicial activism<\/strong> in reshaping administrative requirements<\/strong>.<\/p>\n\n\n\n

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