Q. Consider the following statements regarding the principle of ‘judicial restraint’:
1. It helps in maintaining the doctrine of the Separation of Powers.
2. It helps in maintaining the independence of the judiciary.
Which of the statements given above is/ are correct?
Exp) Option c is the correct answer.
Judicial restraint is a concept that encourages the judiciary to limit the exercise of their judicial powers. Judicial restraint is considered the opposite of judicial activism.
Statement 1 is correct: Judicial restraint helps in maintaining the separation of powers. It restraints courts from making laws and helps them focus on their duty of interpretation of statutes.
Statement 2 is correct: Judicial restraint protects the independence of the judiciary. When the court encroaches upon the jurisdiction of the other two organs, the voters and the elected officials might conclude that the activities of the judges should be monitored. Judicial restraint helps the courts to not to overstep their mandate and protect their independence.
