By continuing to use our website, you agree to our. SC has assumed a supervisory role in CBI investigation of 2 G scam, In invoking terror laws against Hasan Ali Khan. Above Village Hyper Market, Chandralyout Main Road, This means that judicial activism has a great role in formulating social policies on issues like protection of rights of an individual, civil rights, public morality, and political unfairness. Judiciary has the power to declare the laws to be unconstitutional and void if it is against the provisions of the Constitution. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision. Notify me of followup comments via e-mail, Written by : Prabhat S. DifferenceBetween.net. For example, the Supreme Court or an appelate court can reverse some previous decisions if they were faulty. In this case, the judges and the court encourage reviewing an existing law rather than modifying the existing law. In the second part, we need to explain what Article 142 is, what falls under unfettered use with illustrations and whether we can explicitly call it judicial overreach. supreme court and high court Cannot interfere in policy matters and political questions unless absolutely necessary. 5.When talking about the goals or powers of judicial activism, it gives the power to overrule certain acts or judgments. Examine whether unfettered use of Article 142 by judiciary falls under judicial overreach? 4.Judicial activism has a great role in formulating social policies on issues like protection of rights of an individual, civil rights, public morality, and political unfairness. UPSC IAS 2020 Exam: Click here to get the Complete 30 Days Study Plan to score high in Prelims. Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. Law once passed may become unconstitutional with passage of the same with changed situation, this may create vacuum in legal system. Judicial restraint helps in preserving a balance among the three branches of government; judiciary, executive, and legislative. An activist judge may … Kesavananda Bharati where by SC introduced doctrine of basic structure i.e. When talking about the goals or powers of judicial activism, it gives the power to overrule certain acts or judgments. On the other hand, judicial restraint is limiting the powers of the judges to strike down a law. it is temporary in nature. Secondly, the theory of separation of powers is overthrown. In the matter of judicial activism, the judges are required to use their power to correct any injustice especially when the other constitutional bodies are not acting. Differences Between Judicial Restraint and Judicial Activism So, judicial restraint means strict adherence to law, without considering factors like changing needs of the society or fairness. Hence it can be said that directions given by court would be binding only till legislation is enacted i.e. Judicial restraint is limiting the powers of the judges to strike down a law. Introduction – You can give a broad introduction saying that in a constitutional democracy, the role of judiciary is to act as a check and balance and protect the constitution. Also no legislature in our country has the power to ask instrumentalities of the state to disobey or disregard the decision given by the courts. In Judicial Passivism, the judiciary evades its duty to enforce the Constitution in a meaningful manner and hence betray a central feature of the Constitution. It is only permissible to the extent of finding whether the procedure in reaching the decision has been correctly followed but not the decision itself. With the power of judicial review, the courts act as a custodian of the fundamental rights. Judicial review of judicial actions can be visualized in Golaknath case, banks nationalization case, privy purses abolition case, Minerva mills etc. Parliament has power to amend without altering basic structure of constitution. It is delegated to our superior courts only i.e. Explain judicial review as the power of judiciary to review the validity of laws passed by legislature, provided under Article 13. 2.In judicial restraint, the court should uphold all acts of the Congress and the state legislatures unless they are violating the Constitution of the country. Judicial Review refers to the power of judiciary to review and determine the validity of a law or an order. On the other hand, Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for the society in general and people at large or judicial activism means the power of the Supreme Court and the high court but not the sub-ordinate courts to declare the laws as unconstitutional and void. Moreover, the concept of Judicial Activism also faced certain criticisms. It can be defined as a philosophy of judicial decision making where by judges allow their personal views regarding a public policy instead of constitutionalism. On the other hand judicial activism is more of a behavioral concept of the judge concerned. In case of judicial review of decisions, for instance, when a statute is challenged on the ground that it has been passed by legislature without authority or rights, it is for the courts to decide whether the law passed by legislature is valid or not. Today, Insights is synonymous with UPSC civil services exam preparation. Suggest measures to deal with this menace. It is majorly based on public interest, speedy disposal of cases etc. There is no need to resubmit your comment. Judicial activism and judicial restraint, which are very relevant in the United States, are related to the judicial system of a country, and they are a check against the fraudulent use of powers of the government or any constitutional body. Firstly, it is often said that in the name of activism, judiciary often rewrites with personal opinions. At the most basic level, judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent. The first part of the question is fairly straightforward in its demand. It is generally considered as a basic structure of independent judiciary (Indira Gandhi vs. Rajnarain case). Judicial restraint and judicial activism have different goals. India has an independent judiciary with extensive jurisdiction over the acts of legislature and executive. While judicial review means to decide if the law / act is consistent with the constitution. Judicial activism and judicial restraint are true opposite approaches. As courts have wide powers of judicial review, these powers have to be exercised with great caution and control. Attiguppe , Bengaluru - 560040, Explain judicial review as the power of judiciary to review the validity of laws passed by legislature, provided under Article 13. Judicial activism is a product fabricated solely by the judiciaries and not backed by the Constitution. Explain Judicial activism as a more active role taken by Judiciary to dispense social justice. Explain that the judiciary is right in playing a more activist role, however it should restrain itself from entering into explicit executive domain, 4) Discuss how far whatsapp or other social media platforms should be held liable for the spate of lynchings which we have witnessed in recent times? At most level, judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent. With the growing functions of the modern state judicial intervention in the process of making administrative decisions and executive them has also increased. Please note: comment moderation is enabled and may delay your comment. In addition, judicial activism keeping in view the ideals of democracy is in fact necessary to ensure that unheard voices are not buried by more influential and vocal voices. 1.Judicial activism is the interpretation of the Constitution to advocate contemporary values and conditions. (250 words). It can also take form by overruling the judicial precedent. Discuss when judicial activism transgresses into judicial overreach. Judicial review can be defined as the doctrine under which legislative and executive actions are subject to review by judiciary. However, its importance lies with position accorded to institution as a place of hope for aggrieved persons. If judges can freely decide and make laws of their choices, it would not only go against the principle of separation of powers but will result in chaos and uncertainty in the law as every judge will st… January 31, 2019 < http://www.differencebetween.net/language/words-language/difference-between-judicial-activism-and-judicial-restraint/ >. This judicial system also acts as checks and balances and prevents the three branches of government; judiciary, executive and legislative from becoming powerful.
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