Basic Structure and Judicial Activism
- Starting from inventing the ‘basic structure’ doctrine the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideas of democracy.[200 words]
It is highly essential for a country like India, which follows constitutional democracy,to maintain the balance of power between its organs, namely- legislature, executive and judiciary and pro-actively fulfill their duties in their respective realm without invading each other’s domain. However, the proper functioning of all the democratic branches has been troublesome.
The examples of either passive functioning or vested-interest-driven functioning are very common in Indian administration and political set-up. This jeopardizes the whole purpose of political system in particular and the democracy in general. To do away with this, the higher judiciary of India came up with a novel trends in judicial review,known as, ‘Judicial activism’.
Judicial Activism refers to the judicial rulings where the court itself behaves in an activist manner, while rendering a judgement and compels the legislatures and executives act accordingly.
Judicial Activism in India:
- Starting from the basic structure doctrine (Keshavananda Bharati case), introduction of PIL (Public Interest Litigation) to uphold public interest pioneered the novel trends in judicial review.
- Wider interpretation of life and liberty has addressed many issues ranging from rights of prisoners to prevention of sexual harassment of women at workplace (Vishaka case).
- Again, limiting the President’s power in appointment of judges (three judges case), prevent the Governors from abusing the powers (recent Karnataka order), reforming the BCCI, order on formation of SIT to investigate black money are few of the instances when the judiciary extended its role of judicial review to activism.
Fear of Judicial Overreach:
- Though the rationale in pursuing judicial activism is genuine, but it sometimes may create confusion and bitterness between the judiciary and legislature, where the former is feared to engage in judicial overreach by overlooking the legislative authority.
However, in a nascent democracy like India, judicial activism is ought to offer a solution to check arbitrary rule by preserving the core principles of democracy.
PRELIMS (STATIC)
- In India, Judicial Review implies [CSE(PRE)-2017]
a. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
b. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
c. the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
d. the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Solution: (a)
- Which of the following Statement(s) regarding Consumer Price Indices (CPI) is/are true?
- Consumer Price Indices (CPI) released at national level are CPI for Industrial Workers (IW), CPI for Agricultural Labourers (AL)/ Rural Labourers (RL) and CPI (Rural/Urban/Combined).
- Base year for CPI (Rural, Urban, and Combined) is 2012.
- CPI basket of items is broader than WPI basket.
a. 1 only
b. 2 & 3 only
c. 1 & 3 only
d. All of the above
Solution: (d)
DAILY CURRENT AFFAIRS
- Which of the following statement(s) regarding the exercise Aviaindra– 2018 is/are true?
- It is a biennia lAir Force level exercise between Indian and the US Federation.
- It aimed at formulating and validating use of air power in anti-terrorist combat in a bilateral scenario.
a. 1 only
b. 2 only
c. both 1 & 2
d. None of the above
Solution: (b)
Source :http://pib.nic.in/newsite/PrintRelease.aspx?relid=183879
Prepared by : Bikesh Varman