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Role of Judicial Activism in the Establishment of Democratic Values and Protection of Human Rights in India | |||||||
Paper Id :
16131 Submission Date :
2022-06-09 Acceptance Date :
2022-06-14 Publication Date :
2022-06-25
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Abstract |
Judicial activism has an important role in the establishment of democratic values and the protection of human rights. Judicial activism has proved to be a boon in ensuring social justice and dignified life for the exploited, deprived and neglected sections of society. In the democratic system of India, the duties and responsibilities of each organ of the government are clearly laid down by the constitution. When the executive and the legislature do not fulfill their prescribed duties and responsibilities, the common citizens are not ensured to get the rights of dignified life, liberty and equality, then the judiciary is seen as a ray of hope in the dark. The new role that the judiciary has taken, incidentally, in the form of judicial activism, has not only strengthened the faith of the common man in the democratic system, but has also ensured the smooth implementation of democracy. Judicial activism proved to be a means of achieving social justice which establishes inclusive democracy.
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Keywords | Judicial Activism, Social Justice, Democracy, Judiciary, Judicial Review, Public Interest Litigation, Public Welfare State, Human Rights, Supreme Court. | ||||||
Introduction |
Judicial activism refers to the active role of the judiciary in establishing social justice, protecting the rights of citizens and instilling democratic values. For the first time, the term judicial activism was used by Arthur M. Schlesinger Jr. in his article 'The Supreme Court 1947', published in the journal Fortune in 1947. When the concept of judicial review was developed by Chief Justice Marshall in the case of Marbury v/s Madison in 1803, the emergence of judicial review gave rise to a new movement known as judicial activism.
India has been declared a democratic, socialist, welfare country by the constitution. Judicial activism is a dynamic process of judicial approach in changing times, which motivates the judges to adopt a progressive approach and new social policies rather than adopting traditional precedents. For example, an appropriate order has been passed by the High Court of India accepting a letter as a writ petition. In 1979, Justice Y.V. Chandrachud made arrangements for public interest litigation under Article 32. Later, Justice P.N. Bhagwati gave a new direction to judicial activism by accepting the letters sent to the Chief Justice as a public interest litigation.
The three main pillars of democracy are the executive, legislature and the judiciary. The judiciary uses its judicial powers to protect the fundamental rights and liberties of the citizens of the country. The functions of the legislature, executive and judiciary are clearly mentioned in the Constitution of India. When the executive and the legislature are not able to discharge their responsibilities properly, then not only the basic rights of the people are affected, but injustice and unrest gets encouraged in society. In order to give efficient cooperation to the country, the judiciary keeps public interest in view and interferes in the work of the executive and the legislature. The judiciary establishes social justice by checking injustice and tyranny. In the context of the concept of the public welfare state, the judiciary develops its jurisdiction and makes them aware of the negligence of the officers in the implementation of the law and directs the officers to implement the welfare law effectively. Democracy becomes more firm by making the executive and legislature aware of their responsibilities by the judiciary. This spirit of public interest is implemented under the rule of law and protection of the basic spirit of the constitution. The main objective of this principle is that justice can be done to the poor and deprived people.
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Objective of study | Judicial activism has played a vital role for the Indian democratic system. The purpose of the present research paper is to critically analyze judicial activism in the context of the Indian democratic system to examine how judicial activism has contributed to the establishment of democratic values and the protection of human rights. |
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Review of Literature |
Ghosh, Soma; in his book, "An Independent and Accountable Judiciary: Pillar of Democracy", has considered the judiciary as the most important pillar of democracy and propounded the need for an independent and accountable judiciary for the smooth implementation and success of democracy.
Dua, B.D.; Singh, M.P.; Saxena, Rekha; In his book "Indian Judiciary and Politics: The Changing Landscape", has thrown light on the changing landscape of the Indian judiciary and political system.
Mathur, A.K.; in his article published in The Economic Times, 2008, has discussed the limits of judicial activism.
Banerjea, Prof. D.; Subrahmanyam, A; Vijay Kumar, V.; In his book "Judicial Activism: Dimensions and Directions", by discussing the various dimensions of judicial activism, has outlined the current direction of judicial activism.
Meena, Taruna; In her dissertation 'The Judicial Activism in India: Concept, Implementation and Resolution of the Questions of the Public Interest', has elaborated on the concept of judicial activism in India, its implementation and its role in solving the problems of public interest. |
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Main Text |
Indian
landscape In
the last few years, many such decisions were made by the judiciary in order to
fulfill its legal obligations in various scams prevalent in the politics,
administration and socio-economic life of the country, which can remove the
malpractices, inefficiency, corruption and injustice prevailing in the society
and take various important decisions. The major decisions passed by the
judiciary from the point of view of judicial activism are - 1.
Notice to the industrial units of Agra and Mathura for the protection of the
Taj 2.
Instructions for cleanliness to the Delhi Municipal Corporation for the
cleanliness of the city 3.
Instructions regarding the shifting of factories and industrial units operating
in residential areas located on the banks of the Yamuna in Delhi 4.
Show cause notice to the government on election reforms 5.
Necessary guidelines to the Election Commission to prevent criminalization of
politics etc. In
Hussainara Khatoon v State of Bihar, the Supreme Court held that speedy trial
is an essential and integral part of the fundamental rights, which are
mentioned in Article 21 of the right to life and liberty. Many undertrials in
Bihar were kept in different jails for many years without trial. The court
ordered that all such prisoners, whose names have been produced before the
court, should be released immediately. Speedy trial is a fundamental right,
guaranteed under Article 21 of the Constitution. The Supreme Court considered
it its constitutional duty to enforce this right of the accused persons. In
such cases of litigation, the court gets an opportunity to give directions in
the interest of the public by imposing public duties. Indian
Constitution and Judicial Activism Right to Life and Personal Liberty |
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Methodology | The methodology of research is descriptive and analytical which is mainly based on secondary data. The help of major reference texts written on Indian polity and Constitution has been taken for compiling the necessary data and material for the research paper. Apart from this, articles published in various sources like - Pratiyogita Darpan and Chronicle, Economic and Political Weekly, newspaper articles, research papers and articles published in journals have been studied and analyzed. |
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Conclusion |
The judiciary is a dignified and respectable institution. The Supreme Court has a major role in sensitizing the Central Investigating Officers. The Supreme Court has made sense of its due role in the welfare state. In order to implement the fundamental rights of individuals and help the poor, the judiciary is not only adopting new strategies but also ordering the officers with courage and creativity to change the whole society so that a crime free society can be established.
With the introduction of this vision, vigilance and activism of the judiciary, while on the one hand, the errors of the executive and the irresponsibility of the legislature are being realized, on the other hand, judicial activism has proved to be a boon for the common man. This does not reduce the importance of elected representatives, nor can there be a negative impact on the honor and dignity of the court and its impartial image. All the allegations against judicial activism have been proved to be baseless.
In fact, it is through judicial activism that the rule of law is established. Decisions have been taken easily by the judiciary on many controversial subjects. Judicial activism only gives strength to the public's faith in democracy. |
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References | 1.Sathe, Satyaranjan Purushottam; Judicial activism in India, Oxford Univ. Press, 2007.
2.Tyagi, B.S.; , Judicial Activism In India
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6.Reddy, G. B.; Judicial Activism In India, Gogia Law Agency
7.Shukla, B.N. : Constitution of India, 1972
8.Basu, D.D.; Commentary on the Constitution of India.
9.Laxmikant, M.; Indian Political System, Tata Mcgraw Hill.
10.Lal, Bhure; Judicial Activism & Accountability, Siddharth Publications, New Delhi, 2004
11.Banarjea, Prof. D.; Subrahmanyam, A; Vijaya Kumar V.; Judicial Activism: Dimensions and Directions, Vikas Publication House, New Delhi, 2002
12.Dua, B.D.; Singh, M.P.; Saxena, Rekha; Indian Judiciary and Politics: The changing Landscape, Manohar Publication, New Delhi, 2007
13.Ghosh, Soma; An Independent and Accountable Judiciary: Pillar of Democracy, Progressive Publishers, Kolkata, 2005
14.Kumari, Krishna A.; Judicial Activism: Need For Ecommerce, I.C.F.A.I. University Press, 2008
15.Mathur, A.K.; Limitations of Judicial Activism, The Economic Times, Year 2008. |