Wednesday, February 16, 2011

IIM Essay :2: Judicial Activism in India

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:
1. Overturning law as unconstitutional.
2. Overturning a judicial precedent.
3. Ruling against a chosen interpretation of constitutional rule.
Judicial activism prospers in India through PIL i.e. Public Interest Litigation. According to PIL concept anyone can file case on behalf of aggrieved group or aggrieved person. This is contrary to simple case filing where a person files a case when some bame happen with him/her. Some recent issues where Judiciary recently acted are:
1. SC suggested/ordered government to distribute grain under public distribution policy to the poor instead of letting it rot inside godowns.
2. SC ordered government to Delhi to not demolish the night shelters made for homeless people.
3. Recent brawl of appointment of CVC PC Thomas.
The concept of dynamic participation of judiciary incurs faith of common man in this benevolent authority to replace corrupt legislature and bureaucracy. But there are some negative aspects of this participation:
1. Overburdening of courts.
2. It may stains the system of democracy according to which democratic government is based on the each organ of government respecting the power of other.

For the benefit of common Indian judicial, legislative and executive branches must work together in consent.

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