The term judicial activism is explained in Black’s law Dictionary, Sixty edition, thus,”judicial philosophy which motives judges to depart from strict adherence to judicial precedent in favour of progressive and new social policies, which are not always consistent with the restraint expected of appellate judges. It is commonly marked by decisions calling for social engineering and occasionally these decisions represent intrusions in the legislative and executive matters.” Considering the scope
A woman’s individual identity is often questioned and compromised in South Asia. Family law in this region which ought to encompass areas of women’s rights also accommodates gender discrimination. The center of society is the family unit, yet woman, the main character, is often ignored in getting acknowledgement socially as well as legally. Family law here has provided ground for debate for feminists in search of laws with respect to gender. In South Asia, complex personal laws that cater to marriage
is a concept of Rule of Law. Judicial Review is the check and balance mechanism in order to maintain the separation of powers. Separation of power has rooted the scope of Judicial Review. It is the great weapon in the hands of the court to hold any law and order which is inconsistent or in conflict with the basic law of the land as unconstitutional and unenforceable. The two basic principles of judicial review
there can be no intervention with its functions either by the Executive or by the Legislature. The power of judicial review is vested with the Supreme Court and the High Courts and they can declare any law unconstitutional passed by The Parliament or the Legislature if it seems to be violative of any provision of the Constitution. Therefore, Separation of Powers, though, is present in India but to what extent it is followed is in question
Through the years, the government of India has passed innumerable laws to help them in their task of environmental protection. Sadly, all the regulations and acts have not done enough to protect the environment. The greed of many in the governing bodies has led to misuse of the laws and ruthless
territory of India” . The tremendous social and political unrest following partition meant the Uniform Civil Code was abandoned until Muslims felt less threatened by the perceived power of the Hindu majority, and communal tensions abated. Nehru and Ambedakar were sympathetic to feelings of vulnerability among Muslims in light of surging communal mobilization among groups seeking to anchor themselves in the bedrock of nationally mandated religious tolerance. Having helped found democratic India upon principles