{"id":52078,"date":"2019-09-11T14:31:14","date_gmt":"2019-09-11T09:01:14","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=52078"},"modified":"2019-09-11T14:31:23","modified_gmt":"2019-09-11T09:01:23","slug":"answered-discuss-whether-the-judicial-activism-has-undermined-or-strengthened-parliamentary-democracy-in-india","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-whether-the-judicial-activism-has-undermined-or-strengthened-parliamentary-democracy-in-india\/","title":{"rendered":"[Answered] Discuss whether the judicial activism has undermined or strengthened Parliamentary Democracy in India?"},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction.<\/strong> What is judicial activism?
Body. <\/strong>Present both sides of arguments of judicial activism strengthening or undermining Parliamentary democracy in India.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Judicial activism means the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. In other words, it is the role played by the judiciary to force the other two organs of the government (legislature and executive) to discharge their constitutional duties.<\/p>\n\n\n\n

How Judicial\nactivism strengthen Indian democracy?<\/strong><\/p>\n\n\n\n

  1. Judicial activism allow judges to\nadjudicate in favour of progressive and new social policies helping in social\nengineering.<\/li>
  2. In a modern democratic set up,\njudicial activism act as a mechanism to curb legislative adventurism and\nexecutive tyranny by enforcing Constitutional limits.<\/li>
  3. Judicial activism help in protecting\nor expanding individual rights. Where the legislature and the executive fail to\nprotect the basic rights of citizens, like the right to live with dignity,\njudicial activism plays an important role.<\/li>
  4. Failure of Legislature and\nExecutive to discharge their respective functions results in erosion of the\nconfidence in the Constitution and democracy amongst the citizens. Judicial\nactivism help in upholding faith of citizens in constitution and judicial\norgans.<\/li>
  5. Judicial activism help in ensuring\nfreedom of citizens and help in providing social justice to suffering masses.<\/li>
  6. Judicial activism fill Legislative\nVacuum i.e areas, which lack proper legislation. This help country to meet the\nchanging social needs.<\/li>
  7. In case of a \u2018hung\u2019 legislature\nwhen the government is weak and insecure, judicial activism play an important\nrole in ensuring social justice.<\/li>
  8. Sometime politicians afraid of\ntaking honest and hard decisions for fear of losing power. Judicial activism\nhelp in plugging such active political lacunae.<\/li>
  9. Judicial activism help in enhancing\nadministrative efficiency and help in good governance.<\/li>
  10. Judicial activism sometimes help in\nbalancing powers among various organs of government through judicial control\nover discretionary powers.<\/li>
  11. Judicial activism allow participation\nof judiciary in advancement of country and upholding democracy by extending the\nstandard rules of interpretation in achieving economic, social and educational\nobjectives.<\/li><\/ol>\n\n\n\n

    How Judicial\nactivism undermine parliamentary democracy?<\/strong><\/p>\n\n\n\n

    1. The\nline between Judicial activism and Judicial Overreach is very narrow. When\nJudicial activism crosses its limits it lead to Judicial Overreach.<\/li>
    2. It\nmay interfere with the proper functioning of the legislative or executive\norgans of government.<\/li>
    3. It\ndestroys the spirit of separation of powers. Thus damage balance between\nvarious organs of government.<\/li>
    4. Judicial\nactivism may lead to inactivity of legislature and executive, leading to\nrunning away from duties and responsibilities which they hold for people of\nIndia.<\/li>
    5. In\nmany cases, courts are often ill-equipped and lack experience to weigh the\neconomic, environmental and political costs involved like liquor ban case.<\/li>
    6. The\nexecutive remains \u201caccountable\u201d to the people through 5 year election process\nbut judges exercise self-regulation and are insulated from any external control\nand thus accountable only to themselves, and their own sense of their limits.<\/li>
    7. Sometimes\nwhen judicial activism is exercised it is done for solely selfish, political or\npersonal reasons.<\/li>
    8. It\nreduces the trust people pose in the Parliament and elected representatives as\nfrequent overreach signals executive inactivity and incompetency.<\/li>
    9. It\nappears as an act of \u2018tyranny of unelected\u2019 in a democracy.<\/li><\/ol>\n\n\n\n

      In India judicial activism has played an important role in keeping democracy alive. Pronouncements like Keshavnanda Bharti case, Minerva Mill Case etc has helped in keeping all the organs of government in balance and help in keeping society healthy and progressing. Judiciary is expected to maintain its primary allegiance to the law and the Constitution i.e. to the text of legal instruments and legal interpretation, and to the body of judicial precedents. <\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. What is judicial activism? Body. Present both sides of arguments of judicial activism strengthening or undermining Parliamentary democracy in India. Conclusion. Way forward. Judicial activism means the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society.… Continue reading [Answered] Discuss whether the judicial activism has undermined or strengthened Parliamentary Democracy in India?<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-52078","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52078","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=52078"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52078\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=52078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}