Judicial Activism In India
- Judicial activism means the judiciary's proactive role in protecting citizens' rights.
- In the USA, its practice was first originated and developed.
- The High Courts and Supreme court in India have the power to check the constitutionality of the laws.
- If a law is inconsistent with the provisions of the Constitution, it can be unconstitutional by the law.
- It should be considered that the subordinate courts do not possess the power to cross-check the constitutionality of laws.
- Judicial activism leads to controversy over supremacy between the Supreme Court and Parliament.
- It can violate the delicate principle of power separation, checks, and balances.
- The opposite of judicial activism is judicial restraint.
- It is a theory of judicial interpretation that encourages judges to restrict the exercise of power.
- In other words, courts must interpret the law without interfering in policy making.
- Judges should always try to decide cases based on: the original intention of those who designed the Constitution, Precedent - decisions made in the earlier cases, and the court also has to leave policy making to others.
- The courts are "restricted" by their decisions in establishing new policies.
Who started judicial activism in India?
Judicial activism in India was laid by Justice V.R Krishna Iyer, Justice O.Chinnappa Reddy, Justice P.N Bhagwati, and Justice D.A Desai laid judicial activism in India.