Polity EP 36 | Judicial Activism | Constitution | UPSC podcast | laxmikant | Central Government
Welcome back to THE IAS COMPANION. Today, we explore judicial activism, its origins, and its impact in the United States and India. Judicial activism, coined by Arthur Schlesinger Jr. in 1947, refers to a judiciary actively shaping social policies. In India, it emerged in the mid-1970s with Justices V. R. Krishna Iyer and P. N. Bhagwati leading efforts to protect citizens' rights and ensure justice.
Judicial activism involves the judiciary enforcing and expanding rights, often stepping in where the legislature and executive fail. It contrasts with judicial restraint, where judges limit their interference in legislative and executive functions. Public Interest Litigation (PIL) in India exemplifies judicial activism, allowing the judiciary to address broader societal issues.
While judicial review checks the constitutionality of laws, judicial activism proactively interprets laws to promote social betterment. This approach is vital when other branches fail their duties, but it raises concerns about overreach. Judicial restraint emphasizes respecting the separation of powers and adhering to the original intent of the constitution. Understanding both concepts is key to appreciating the judiciary's role in democracy.
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