Bring out the significance of judicial activism.
N.K. Sharma
Asked: February 1, 20242024-02-01T12:19:41+05:30
2024-02-01T12:19:41+05:30In: Public Administration
Bring out the significance of judicial activism.
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Significance of Judicial Activism:
Judicial activism, the proactive role taken by the judiciary in interpreting laws and shaping public policy, holds significant implications for a democratic society.
Protection of Rights: Judicial activism often serves as a safeguard for individual rights and liberties. Courts, through proactive interpretation and enforcement, can protect citizens from potential legislative or executive overreach, ensuring the preservation of fundamental rights.
Corrective Justice: In instances where legislative or executive actions violate constitutional principles, judicial activism provides a mechanism for corrective justice. Courts can rectify injustices, ensuring that laws align with constitutional norms and principles.
Legal Adaptability: The judiciary's proactive stance allows legal interpretations to evolve with societal changes. This adaptability is crucial in addressing emerging issues, technological advancements, and societal shifts, ensuring that the law remains relevant and effective.
Checks and Balances: Judicial activism serves as a check on the powers of the legislative and executive branches. By scrutinizing government actions, the judiciary contributes to maintaining a balance of power, preventing potential abuses and upholding the principles of separation of powers.
Responsive Governance: Activist courts respond promptly to issues affecting public welfare, providing timely resolutions. This responsiveness contributes to effective governance, especially in situations where legislative or executive processes may be slow or inadequate.
Social Justice: Judicial activism often plays a pivotal role in promoting social justice. Courts can intervene to address systemic inequalities, discrimination, and social injustices, fostering a more equitable society.
Preservation of Democracy: By actively interpreting and upholding constitutional principles, judicial activism contributes to the preservation of democratic values. It ensures that the rule of law prevails, preventing arbitrary exercises of power that could undermine the democratic fabric.
In conclusion, judicial activism serves as a dynamic force in ensuring justice, protecting rights, and upholding constitutional principles. While critics argue about potential overreach, its significance lies in its ability to act as a counterbalance, promoting justice and fairness within the framework of a democratic society.