Administrative Law_Judicial Activism

Judicial Activism

1. The term judicial activism has been defined in the Black's Law Dictionary.
2. According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions.
3. Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and direct / compel the Authority to act and also direct the Government Authorities about its administration.
4. Justice is delivered to the aggrieved and disadvantaged people by using this mechanism.
5. In Judicial Activism, the Court intervenes in the working of Executive and Legislative.
6. It occurs because of non-cooperation from the other organs of the Government.
7. The role of the Supreme Court as the final interpreter is increasingly reflected in various judgments.
8. The Supreme Court has made creative interpretations which led to the creation of new rights.
9. For Example – Interpretation of Article 21 - The Supreme Court has widely elaborated the said Article and included the right to a healthy and pollution-free environment in the said Article.
10. Public Interest Litigation is a result of judicial activism and it is a mechanism to agitate public issues before the Courts.