This paper is published in Volume-2, Issue-6, 2016
Area
Judicial Activism
Author
Asha Rani
Org/Univ
IPEM Law Academy, India
Pub. Date
27 February, 2017
Paper ID
V2I6-1280
Publisher
Keywords
Judicial Activism, fundamental rights, Directive, Principles, Judgment

Citationsacebook

IEEE
Asha Rani. A Review on Judicial Activism, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARIIT.com.

APA
Asha Rani (2016). A Review on Judicial Activism. International Journal of Advance Research, Ideas and Innovations in Technology, 2(6) www.IJARIIT.com.

MLA
Asha Rani. "A Review on Judicial Activism." International Journal of Advance Research, Ideas and Innovations in Technology 2.6 (2016). www.IJARIIT.com.

Abstract

Judicial Activism is not a result of general development of judicial procedure. It is an essential aspect of the dynamics, derivatives and independent findings of the courts. It is a specific judicial interest about the issues. Judicial Activism does not mean governance by the judiciary. Judicial Activism must also function within the limits of judicial process. Within those limits it performs the function of stigmatizing, as well as legitimizing, the actions of the other bodies of the Government- more often legitimizing. The judiciary is having certain limitation according to statutes which are framed by the legislature. It becomes strong only when people repose faith in it. Such faith constitutes the legitimacy of the Court and of judicial activism. Courts do not have to bow to public pressure, but rather they should stand firm against public pressure. Such inarticulate and diffused consensus about the impartiality and integrity of the Judiciary is the source of the Court’s legitimacy. It is an essential aspect of the dynamics of a constitutional court, in modern India, the judicial activism may develop through many aspects and it will play an important role to future challenges of the democratic India.