Sahil Singh, BBA LLB (Hons.), Alliance University
Introduction:
Judicial activism refers to the active role of the judiciary plays in safeguarding the rights of the citizens and maintaining the country's legal and constitutional framework. The concept of judicial activism emerged for the first time in the United States in 1947. India has seen it since the Emergency time. A powerful weapon that a skilled soldier knows just when and how to employ is judicial activism. The delicate balance of power between the judiciary and legislative branch has frequently faced challenges, especially when legislatures pass laws that appear to override or contradict the court decisions. Here, Judicial activism plays an important role in providing proper checks and balances to the system.
By granting access to the court for groups as well as individuals, it has democratised the legal system. The approach of judicial activism is dynamic to uphold the check-and-balance doctrine. Genesis of judicial activism evolved in the US in the year 1803 “Marbury v/s Madison” case US supreme court said that “it is emphatically the province and duty of the judicial department to say what the law is”. Article 1422 of the Indian constitution allows the Supreme Court to pass decrees or orders necessary for justice in any pending matter. These decrees or orders are enforceable throughout India in a manner prescribed by Parliament or the President and provide the scope of Judicial Activism in India.
Owing to the efforts of judges Justice V R Krishna Ayer and Justice P N Bhagwati, judicial activism is viewed as a success in expanding access to justice and providing relief to underprivileged communities.
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