Judicial Activism in India
"The biggest contribution of the Indian judiciary has been to provide a safe valve for democracy and the hope that justice does not exist.without access. "
Justice activism is a term used to describe the actions of judges who violate their constitutional duty to apply the law to the facts of each case, and to strike the law on the bench. These judges drafted a new constitution rights, amendments exist, or create or amend existing laws to align them ideas for community needs.
Prior to the 1980s, only the victim was able to knock on the doors of justice himself and the solution to his or her grievance and any other person who was not personally affected would not be able to do so as the victim's representative or victim. But about the 1980's, India's legal system, particularly the field of environmental law, underwent a change in its maritime approach to abandoning its death-dealing approach and, instead, introduced new ideas of social justice. This period was marked by not only administrative action and law enforcement but also legal action.
Justice activism has gained a human face in India by liberating access to justice and providing relief to groups of disadvantaged and disadvantaged people under the leadership of Justice V.R. Krishna Iyer and P.N. Bhagwati. The Supreme Court benefited physically and legally. Later, when the judge's independence was threatened with sentencing, the court ruled in his favor. With the rise of crime and maladministration and total disregard for the executive, the court (under the leadership of Chief Justice JS Verma and Judges SP Bharucha and Sen) addressed the issue of terrorist financing in connection with political corruption in the Vineet Narain Case (Jain hawala case). ). The cover-up of the Central Bureau of Investigation (CBI) to protect its political leaders was revealed and the court monitored the investigation under the principle "Be you ever high so the law is above you."
Courts have repeatedly issued directives to the public interest courts (PIL) which include a wide range of issues such as road safety, pollution, illegal VIP premises, monkey threat, dog threats, former legislature and staff fees, admission to kindergarten, and admission to educational institutions higher. There is no doubt that these instructions are sometimes the result of positive outbursts and emotional reactions.
Ordinary citizens have found that administrators have become careless and misbehaving and corruption and crime are so widespread that they have no choice but to appeal to the courts through the PIL, expanding the judicial intervention platform. If a citizen's child is attacked by a stray dog or cattle roaming the streets or in hospitals suffering from monkeys and nothing happens, should not the court intervene?
A major contribution of the judiciary in India has been to provide security
in a democracy with the hope that justice will not be achieved. Justice activism
he has come to live in India and will succeed as long as the judges are respected again
is not to be taken lightly by negative views, which have overtaken the executive and the legislature. Justice activism has added much-needed oxygen to India's massive democratic experiment with the alchemy of judico-photosynthesis.