Constitution Synopsis.docx

DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW.

SYNOPSIS FOR CONSTITUTIONAL LAW

‘Judicial Activism- Critical Analysis and Current Debate.’

Under the supervision of:

Submitted by:

Ms. Ankita Yadav

Swarnim Pandey

Assistant Professor (Law)

Section- B

RMLNLU

Enroll No.-160101156

Lucknow

Sem- 3

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ABSTRACT: The judicial activism is use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. Supreme Court despite its constitutional limitation has come up with flying colors as a champion of justice in the true sense of the word. JUSTICE… this seven letter word is one of the most debated ones in the entire English dictionary. With the entire world population being linked to it, there is no doubt about the fact that with changing tongues the definition does change. The judicial activism has touched almost every aspect of life in India to do positive justice and in the process has gone beyond, what is prescribed by law or written in black and white. Only thing the judiciary must keep in mind is that while going overboard to do justice to common man must not overstep the limitations prescribed by sacrosanct i.e. The Constitution.

OBJECT OF STUDY: The purpose of the study is: 

Examine the definition of judicial review

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What are the grounds to be invoked for the legitimate use of judicial review and its scope

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How does Doctrine of Judicial Review acts as a check and balance on the Executive as well on legislative actions

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Analyze judicial intervention into political questions with help of leading case laws

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Analyzing the consequences or after effects of judicial review, if works in frustration of anything

RESEARCH METHODOLOGY: Research in this work mainly relied upon is “Doctrinal Method”. The present approach in the research is primarily Doctrinal, analytical and descriptive. The present research is mainly dependent on Statues and Committee reports and secondary sources like books and articles. Internet has provided with major contribution of the work.

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RESEARCH QUESTIONS: This Research paper focuses and tries to answer the following questions: 

What is the definition of Judicial Activism?

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What are the various functions and uses of Judicial Activism?

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What is the legal framework of the judicial activism in India?

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How the Judicial activism saw light in Indian Judiciary in initial and in phases?

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How the concept of PIL (public interest litigation) had its roots in Indian Judiciary?

HYPOTHESIS: The Hypothesis is to draw up an impression that Right to Judicial Review and Judicial Activism acts as boon to the depressed and down trodden sections of the society with the improvement and entrenchment in the Era of Fundamental rights by the way of invoking the concepts of PIL (Public Interest Litigation), SIL (Social Interest litigation) and Expanding the horizons of Article 21 ad personal liberty. It also acts as check and balances on the acts of the Legislative and Executive actions maintaining an accountability and transparency, there by acting as a touchstone in either validating or invalidating the Acts formulated by both Legislative and Executive organs of State body.

CONCLUSION: In spite of all the hurdles, the doctrine of Judicial Review has a vibrancy of its own and has even been declared as the basic features of the Constitution. Judicial activism has to be welcomed and its implications assimilated in letter and spirit. An activist Court is surely far more effective than a legal positivist conservative Court to protect the society against legislative adventurism and executive tyranny. When our chosen representatives have failed to give us a welfare state, let it spring from the Judiciary Judicial activism is not an aberration. It is an essential aspect of the dynamics of a constitutional court. It is a countermajoritarian check on democracy. Judicial activism, however, does not mean governance by the judiciary. Judicial activism must also function within the limits of the judicial process. Take away judicial activism and tyranny will step in to fill the vacant space. 3

So to sum up the judicial activism in India, it will be very appropriate to quote the words of Dr. A.S. Anand, Chief Justice of India who said :"…. the Supreme Court is the custodian of the Indian Constitution and exercises judicial control over the acts of both the legislature and the executive."

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