The concept of judicial activism has witnessed certain cases where active judicial activism was practiced. Some of them are given below: 1.KESHVANANADA BHARATI VS. UNION OF INDIA CASE:(1) This is perhaps the most famous case of judicial activism in India and its one of its kind, under this case there were six writ petitions filed for the challenging of 25th, 26th, and the 29th amendment to the constitution. Of the judges all of them were of the opinion that by the virtue of the existing article
plays the important role of interpreting and applying the law and adjudicating upon the controversies between one citizen and another and between a citizen and the state. It is the function of the courts to maintain rule of law in the country and to assure that the government runs according to law. To enable the courts to discharge their multifaceted functions effectively, it is extremely important that the courts enjoy independence. India has had the privilege of having a Judiciary with a backbone
power. The Legislative organ makes the laws and appropriates the money necessary to operate the government, the Executive implements
Doctrine of Separations of Powers in India: Indian state speaks to a contemporary approach in conceptualizing the convention of division of powers. Basically, there is no strict detachment of powers under constitution, both on a basic level and practice. Every organ while playing out its
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, inheritance, divorce and custody
Introduction Through the course of history, India has been ruled by many dynasties. These dynasties were not only domestic, but also foreign, as in, there were foreign rulers who conquered India and established an empire. Out of all the domestic empires that were established in India, the Vijayanagara and the Maratha empires are two of the most celebrated, popular and great empires which emerged in the 13th and 17th centuries respectively. Both the empires gave tough competition and opposition to
Independence of Judiciary in India The Judiciary, Executive, and Legislature. These are the three main powers of India. It has been so since the creation of the Constitution of India by the various lawmakers after India had earned Independence. Our Constitution follows the Doctrine of Separation, so that each power gets its freedom and keeps the others in check. The separation is not absolute like in the United States of America. The legislature has a bit more power than the other two heads due to
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
absolutely.” -John Emerich Edward Dalberg-Acton BACKGROUND In the 18th century French social and political philosopher Charles-Louis Montesquieu coined the term “trias politica” or “separation of power”. Montesquieu’s publication, Spirit of Laws, is deemed as a source of significant political theory and jurisprudence. He divided the political authority of the state into three different branches i.e. the Legislature, the Executive and the Judiciary branches. According to his model, these three
exercise of those functions minimum overlap should be insured. Independence of one organ without the interference or adverse effects of other organ is called doctrine of separation of powers that form on of the essentials of Indian Constitution. Judicial Independence is the concept that the judiciary needs to be kept away from the other branches of government. Judiciary is looked upon by the common people of the country as their savior, the custodian of fundamental rights, as savior of their hopes