The concept originated in United States in 1947. In India it was adopted by Judiciary later on through various judgements and pronouncements. Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai laid the foundations of Judicial Activism in the country.
MEANING OF JUDICIAL ACTIVISM
It denotes the proactive role played by the judiciary for the protection of the rights of citizens and promotion of justice in the society. It implies that role of the judiciary is to force the other two organs of the government that is legislature and executive to do its constitutional duties. It is also known as “Judicial Dynamism“.
SIGNIFICANCE OF JUDICIAL ACTIVISM
- It is a way of exercising judicial power which motivate judges to depart from normally practised strict adherence to judicial precedents in favour of progressive and new social policies.
- It is practice to protect or expand individual rights through decision that move away from established precedent to have constitutional or legislative intent.
- It denotes an active interpretation of earlier legislation made by a judge to enhance the utility of that law for the social betterment.
- t is philosophy of judicial decision-making where judges are allowed for their personal views about public policy for guidelines to others.
- It helps to evolve new principles, concepts, maxims and relief to do justice.
- Judicial Activism is closely related to the concept of Public Interest Litigation (PIL).
NEED OF JUDICIAL ACTIVISM
- The failure of legislature and executive to deliver the desired results.
- Rampant corruption and violation of basic human rights through government agencies.
- Due to misuse and abuse of some of provisions of the Constitution.
- The principles of the democracy were continuously degrading.
And in such scenario, judiciary was forced to play an active role in establishing such principle. It was possible only through Judiciary which is vested with powers to correct the various wrongs in society.
CASES ASSOCIATED WITH JUDICIAL ACTIVISM
- A. K. Gopalan v. State of Madras (1950)
- I. C. Golaknath & Ors. v. State of Punjab & Anrs. (1967)
- Keshavananda Bharti v. State of Kerala (1973)
- Hussainara Khatoon (I) v. State of Bihar (1979)
- Sheela Barse v. State of Maharashtra (1983)
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