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Exploring Judicial Review, Activism, and Restraint in Upholding Democracy

March 26, 2024 503 0

Introduction

The concept of judicial activism originated and developed in the USA. This term was first coined in 1947 by Arthur Schlesinger Jr., an American historian and educator. 

  • In India, the doctrine of judicial activism was introduced in the mid-1970s. 
  • Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai laid the foundations of judicial activism in the country.
Parameters Judicial Review Judicial Activism
Meaning
  • The power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. [UPSC 2017]
  • The proactive role played by the judiciary in the protection of the rights of citizens and the promotion of justice in society. Also known as “judicial dynamism”.
Importance
  • It upholds the faith of citizens in the constitution and judicial organs.
  • Ensure freedom of citizens and help in providing social justice to the suffering masses.
  • Fills Legislative Vacuum i.e. areas, which lack proper legislation.
Application
  • Golaknath case (1967); Bank Nationalization case (1970); Privy Purses Abolition case (1971); Kesavananda Bharati case (1973); Minerva Mills case (1980); I.R. Coelho Case (2007), etc.
  • In 2015, SC declared the 99th CAA, 2014 (NJAC) as unconstitutional and null and void.
  • Basic Structure: Kesavananda Bharati case (1973).
  • Due Process of Law: Maneka Gandhi case (1978).
Constitutional Provisions
  • Article: 13; 32; 131-136, 143, 226, 246, 256 etc.
  • Judicial Innovation
Beneficial
  • Desirable in any democracy to protect the Rights of the Citizens.
  • Desirable in any democracy to protect the Rights of the Citizens and provide Justice to people.

 

Judicial Activism Vs. Judicial Restraint

Judicial Restraint: Limiting the Role of Judges

  • Under no circumstances should judges allow their personal political values and policy agendas to influence their judicial opinions.
  • This perspective asserts that the “original intent” of the framers of the Constitution and its amendments is discernible and should serve as the guiding principle for the courts.

Supreme Court Observation:

The Supreme Court of India (2007) called for judicial restraint and asked the courts not to take over the functions of the legislature or the executive, saying there is a broad separation of powers under the Constitution and each organ of the state must have respect for others and should not encroach on others’ domain.

  • Respect for Separation of Powers: Judges cannot cross their limits and try to take over functions that belong to another organ of the state.
  • Importance of Judicial Humility: Judges must not try to run the government. They must have modesty and humility, and not behave like emperors.
  • Concerns Regarding Judicial Overreach: The warning is particularly apt and timely for the Indian judiciary today since very often it is rightly criticized for ‘overreach’ and encroachment on the domain of the other two organs.
  • Preventing Judicial Activism: Judges must exercise judicial restraint so that judicial activism does not become judicial adventurism, which is an extreme form of judicial activism. 
  • Minimal Judicial Preferences: The bench warned the court’s Adjudication must be done within the system of historically validated restraints and conscious minimization of judges’ preferences.
  • Respecting Administrative Expertise: The court must realize that administrative authorities have expertise in the field of administration while the court does not,  So court must not embarrass administrative authorities
  • Maintaining Constitutional Balance: The remedy is not in the judiciary taking over the legislative or the executive functions, because that will violate the delicate balance of power enshrined in the Constitution.
    • The judiciary has neither the expertise nor the resources to perform these functions.
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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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