Judicial Activism in India

  • Saurav Singh
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  • Saurav Singh

    Student at Hidayatullah National Law University, Raipur, India.

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Abstract

The study is an effort to examine the concept of judicial activism and to structure the stages of its evolution across the judicial systems of various countries. The work puts into perspective, the concept being practised in India through the provisions of the constitution and its origination through prominent judgements. A detailed study on the tool developed for active judicial activism in India i.e. Public Interest Litigation has also been done. The political/legislative implications of judicial activism are also dealt with. This is weighed against the benefits rendered to the common citizenry by such practice and the extent to which it has been successful in achieving the purpose. The situation is highlighted when the noble practice of judicial activism transcends into judicial overreach. The future prospects of it are forecasted and some suggestions are provided to streamline and make the theory more effective & robust. This work is a result of scrupulous research done through a wide range of secondary sources such as books by various authors, research papers, journals, online sources, etc. apart from the observation of the functioning of the judicial system. The project tries to maintain objectivity throughout and also not to digress from the relevant substance at any time.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 627 - 643

DOI: https://doij.org/10.10000/IJLMH.112285

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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