250 Words Essay on Judicial Activism in India
What is Judicial Activism in India?
Introduction
Judicial activism in India is when judges, especially in higher courts, take an active role in making sure laws and policies follow the Constitution and protect citizens' rights. This means that judges do more than just interpret laws; they take actions to solve problems that affect the public. Sometimes, they even make decisions that change or create new laws.
A key part of judicial activism is Public Interest Litigation (PIL). PIL allows anyone to approach the court to help people who can't represent themselves. This has helped the courts address issues like social, economic, and environmental problems, ensuring justice for those who are disadvantaged.
Examples of Judicial Activism in India
There are many examples of judicial activism in India. In the Kesavananda Bharati case (1973), the Supreme Court ruled that the government cannot change the basic structure of the Constitution. In the I. C. Golaknath case (1967), the Court said that Fundamental Rights cannot be amended by the legislature. In 2021, the Supreme Court stopped new farm laws due to farmers' protests and set up a committee to find a solution.
Pros & Cons of Judicial Activism
Supporters of judicial activism believe it protects citizens' rights, checks government power, and addresses social injustices. However, critics argue that it can lead to judges interfering with the roles of other branches of government, which can upset the balance of power and create conflicts. Critics also worry that it can undermine democracy and cause inconsistency in legal decisions.
Conclusion
To conclude, Judicial activism can protect citizens' rights and address injustices, but it must be balanced to avoid overstepping the judiciary's role and interfering with other branches of government. Proper limits ensure fairness and democracy.
What is the difference between judicial activism and judicial overreach?
Judicial activism is positive action to protect rights. Judicial overreach happens when courts interfere too much in the roles of the government or legislature.
What are the criticisms of judicial activism?
Critics say it can upset the balance of power, with judges overstepping their roles, making decisions that should be left to elected officials, and potentially undermining democracy.