JUDICIAL ACTIVISM: PROACTIVE ROLE OF JUDICIARY

BY:DHANVARSHAB.A.

JUDICIAL REVIEW• Judicial review is the doctrine under which

legislative and executive actions are subject to review (and possible invalidation) by the judiciary.

• Judicial review is an example of the separation of powers in a modern governmental system (where the judiciary is one of three branches of government).

• This principle is interpreted differently in different jurisdictions, which also have differing views on the different hierarchy of governmental norms.

EXPANSION OF JUDICIAL REVIEW THROUGH JUDICIAL ACTIVISM•After the draconian exposition of power by the

Executive and the Legislature during Emergency the expectations of the public soared high and the demands on the courts to improve the administration by giving appropriate directions for ensuring compliance with statutory and constitutional prescriptions. Likewise the judiciary has taken an activist view the Beginning with the Ratlam Municipality case 12the sweep of Social Action Litigation13 had encompassed a variety of causes14.

•SAL, a manifestation of judicial activism, has introduced a new dimension regarding judiciary's involvement in public administration16. The sanctity of locus standi and the procedural complexities are totally side-tracked in the causes brought before the courts through SAL. In the beginning, the application of SAL was confined only to improving the lot of the disadvantaged sections of the society who by reason of their poverty and ignorance were not in a position to seek justice from the courts and, therefore, any member of the public was permitted to maintain an application for appropriate directions17.

ORIGIN OF THE TERM “JUDICIAL ACTIVISM”•Arthur Schlesinger Jr. introduced the

term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947.

•Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them

• . An article by Craig Green, "An Intellectual History of Judicial Activism," is highly critical of Schlesinger's use of the term.

DEFINITION OF JUDICIAL ACTIVISM•Black's Law Dictionary defines judicial

activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions.“

•David Strauss has argued that judicial activism can be narrowly defined as one or more of three possible actions: overturning laws as unconstitutional, overturning judicial precedent, and ruling against a preferred interpretation of the constitution.

Judicial activism in india• Judicial activism is gaining prominence in the

present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice.

• Judiciary has become the centre of controversy, in the recent past, on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation.

• The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by pro gressive interpretation and positive action.

•  Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It mainly occurs due to the non-activity of the other organs of the government.

• Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens.

Areas of judicial activism

• During the past decade, many instances of judicial activism have gained prominence.

• The areas in which judiciary has become active are health, child labour, political corruption, environment, education, etc.

• Through various cases relating to Bandhua Mukti Morcha, Bihar Under trials, Punjab Police, etc he judiciary has shown its firm commitment to participa tory justice, just standards of procedures, immediate access to justice, and preventing arbitrary state action.

•Judicial activism in India acquired importance due to public interest litigation. It is not defined in any statute or act.

•In India, PIL initially was resorted to towards improving the lot of the disadvantaged sections of the society who due to poverty and ignorance were not in a position to seek justice from the courts.

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