Essay on judicial activism and indian democracy. (Online Course) Essay Writing Skills Improvement Programme : Judicial Activism and Indian Democracy (2004) 2019-01-11
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SHORT ESSAY : Judicial Activism in India
Judicial review is essentially an American institution and is based on the simple logic that the constitution is supreme and confers, limited powers on the executive and the legislature and , if they overstep their limits, the judiciary must restrain them. The media , too, has a role in educating the public an crusading for a clean and efficient administration. There are also examples where the judges have been threatened publicly by ministers and legislators. The sex ratio is at its worst in the states of Punjab, Haryana, Himachal Pradesh and Gujarat, where severe practices of seclusion and deprivation prevail. But if a decision violates a right of Indian people it is not constitutionally correct, hence judicial intervention is valid.
If the government of the country can be carried on, not by the elected representatives of the people but by individuals the nominated by the government, is there- from the viewpoint of democracy — much difference between a government by lawyer appointed by the government to be Supreme Court judges and government by military officers nominated to be in charge of the army? These voices played a critical function in the San Francisco meeting that drafted the United Nations Charter in 1945. Although a good provider for his family and in many ways a decent person, Oliver is also emotionally demanding and withdrawn from his family. Too much masculinity is behind this contagion and chivalry cannot substitute for true justice. Delhi government In this case Supreme Court reinterpreted the writ of Habeas corpus as not only producing a person in the court but also preventing a person jailed from the inhuman treatment in the prison. Similarly, it can strike down any Executive action, if there is any patent illegality or arbitrariness to it.
Because it involves taking a life as punishment for a crime, it is an ethical and moral dilemma, too. To remove the constitutional hurdles in an amendment the government inserted clause 4 and 5 in the article 368 which mentions that limited power of amendment is a basic structure of constitution. We forget the elementary proposition that courageously. Judicial activism is different from the judicial review or other process of jurisdiction in the sense that under the gamut of judicial review the judiciary can extend its influence to the spheres of executive and the legislative. Thirty…… Bibliography Harrison, Paige M.
There are problems that adversely affect judicial independence in India. The main point when appraising the working of the Central Election Commission of India is that though it is a fully autonomous statutory body created by the Constitution, it is only in the last decade or so that it has really become a watchdog of Indian democracy: to be precise of the various political parties and the candidates put forth by them for elective political office. But above all , a free judiciary can only exist in a political system in which democratic principles are truly believed in and acted upon by all alike- executive, legislature and the citizenry at large. In both these cases, the court has lambasted the neo-liberal economic policy of the government and held it responsible for the growth of black money and invidious inequality which has led to the menace of Naxalism. The word fundamental means that these rights are built-in in all the human existences and basic and indispensable for the person.
The judicial activism has touched almost every aspect of life in India to do positive justice and in the process, has gone beyond, what is prescribed by law or written in black and white. Co-operative federalism became prominent in government between roughly 1930-1960. Justice Bhagwati came as the guest of Prof Marc Galanter, himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. There is concern among the public about lack of transparency in judicial appointments and a sense of increasing unease because of a lack of a credible mechanism to deal with serious complaints against the higher judiciary. Ambedkar and the Indian Constitution — Prof.
Judicial activism becomes necessary to put a check on tyranny born out of a temporary political majority in legislature which might otherwise seek to rewrite the constitution in order to be entrenched in power. The hope awakened in the public will die out. No, Given the above scenario, judicial activism may not be a derailing force provided it does not go into excess. For example, the people may accept the decision of the army or any other dictator as they are accepting the decisions of the Supreme Court today, without asking the question whether they are in the realm of the governance of the country. They also believe that if the criminal committed a crime like murder, that they could do it again if they faced the possibility of parole, so they believe capital punishment is good for public safety. But people depended on the land indirectly, like landless labourers working on the land and others who depend on the land for livelihood, are also affected, often adversely. New York: New York University Press.
Human Rights, Development, Challenges and Democracy Essay Sample free essay sample
They contest the notion because they argue the concept of human rights is a estern notion, sometimes disregarding cultural variations and sensibilities of the Indian nation Gupta. On the issue of domestic violence; in the U. Lastly, as democracy leaves sufficient scope for different democracy leaves sufficient scope for different opinions and beliefs, sometimes there may surface two major and almost equally forceful opinions contradicting and conflicting with each other, holding out little chance of compromise. The two levels of government are actually one big government, interwoven and pursuing the same goals together. A stunning example of judicial activism. And the judiciary is then expected to study any such executive enactment or action to find out whether it is anti-people or not. Nature does not allow the vacuum to remain as such.
This elite body or the public representatives make law for the betterment of people. Many argue that it is against the principle of democracy. Instead, both sectors use the means at their disposal to make the differences that they deem necessary on an individual rather than a collective level. In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration. It granted a divorce to a Hindu couple on the ground of irretrievable breakdown of marriage, even though no such ground exists under the Hindu Marriage Act. Who the affected parties are or who are to be compensated : Land owners are the most obvious affected parties they are always considered among those to be compensated. High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts.
Chief Justice Earl Warren of the U. They have also been granted relaxation in age for competing for governÂment jobs. If the position is held that Holmes was correct in his opinion, then the same position must also be held that the Supreme Court's Roe v. A division of sentiment on kids in struggle with the jurisprudence was discernable at a phase in the audience. There is no doubt that sometimes these orders are triggered by righteous indignation and emotional responses. The assumed principle is that these public representatives should make laws for the benefit of the people. He has the role of fulfilling his official duties as a way of ensuring that he does everything law requires of him.
Wade, which created a test of viability for the fetus while protecting women's absolute right to choose…… Words: 3201 Length: 9 Pages Document Type: Essay Paper : 93398211 Graham vs. If the government of the country can be carried on not by the elected representatives of the people but by individuals nominated by the government is there from the viewpoint of democracy much difference between a government by lawyers appointed by the government to be Supreme Court judges and government by military officers nominated to be in charge of the army? Carey School of Business at Arizona State University. If the deciÂsions of the coordinate branches of government are constitutionally correct, the judiciary has no right to interfere. Though every form of government has a constitution of some sort, in a democracy the constriction is more steadfastly abided by because of it paramount is more steadfastly abided by because of its paramount nature in the political set- up. Crime reduction, better education for our children, and global warming are issues that both state and federal levels would be working on together with the same sense of accomplishment. Areas of Judicial Activism During the past decade, many instances of judicial activism have gained prominence.
