JUDICIAL ACTIVISM TO PUT GOVT IN SPOT ?

JUDICIAL ACTIVISM TO PUT GOVT IN SPOT ?

JUDICIAL ACTIVISM TO PUT GOVT IN SPOT ?

In a democratic country is it at utmost importance to separate judiciary with other branches of the governing system, especially from the influence of politics.  Independence of judiciary is of utmost importance in holding the pillars of democratic system.

Judicial independence refers to the impartial judgment made by the judges being free from the pressure of politics or any other government organ.  Judicial system plays an important role in maintaining the democratic set up of a country.

In India, the topic of freedom of the judiciary has been a subject of national debate over the last years. The constitution of India has given high importance to the Independence to judiciary system to ensure the freedom and to protect the rights of the citizen.

In recent years the country has witnessed a noticeable hike in judicial activism.  Judicial activism is gaining prominence these days in the form of Public Interest Litigation(PIL) giving citizens a better access to justice.

The supreme court has taken upon the duty  itself to enforce the basic rights of the poor and to work on the vulnerable sections of the society. The court has developed several ways to make justice more approachable for the citizens. Former Chief Justice PN. Bhagwat, under whose leadership public interest litigation attained a new dimension comments that "the supreme court has developed several new commitments.

It has carried forward participative justice. It has laid just standards of procedure. It has made justice more accessible to citizens".

Judiciary activism refers to the interference and direct decision making strategy by the SC due to the non activity of government organ.  During the past decade there have been areas where judicial activism has been practiced actively like health, child labor, political corruption, environment, education etc.

Judicial Activism has mainly arise due to the functional failure of the executive and legislature to act.  secondly, there is doubt that the executive and legislative has failed to deliver the goods.  Thirdly , the entire system has been working ineffectively and inactively.

There have been cases for the violation of basic human right. This is also one of those reasons because of which judiciary activism came into force. There are more situations which can lead to judicial activism-

  • When the legislature fails to deliver its responsibilities.
  • In case where the existence government is weak to in act any decision.
  • When the government fails to deliver an honest, effective and efficient system of law and administrations. Adding to the violation of the basic human rights.
  • The situation similar during the time of emergency, misusing the power by the government for its own benefit.
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