Research Paper.docx

Research Paper

Sample 1

BBA LLB HONS. 10 November 2017 Judicial Overreach in India We know that Judicial activism is known to be the political contrivance that is used to furnish justice to the aggrieved. Not every political agenda is propagated in a fruitful manner and sufferings are bore by mankind. When the incapable abode of people, suffers theoretic and political manipulations or when the execution of juridical welfare fails to serve mankind, judicial activism takes the lead and accurate propaganda reach the edifices. Public fury, at the very outset, has somewhere evolved as a result of poor democratic processes. Judicial activism has been made an imperative as good governance dig up the way in the legislative and executive stance. Since judicial collegium is home for political acclamation but as they say “there's always a room for improvement” and that adage serves as global truth or let us correct ourselves, it serves as a political truth. We see steps, struggles, consequences and hazards. Yes! The best always comes in a wrap of consequences. Every battle, whether political or not, might have suffered some or the other consequences. As Ramesh Thakur once quoted “ If the courts do wish to be activist, they have more than enough of an agenda within their spheres of activity without encroaching on legislative and executive jurisdictions” but is it a solution to be quoted. Technically let us throw some light on political and juridical aspects of judicial activism and overreach and let them be bifurcated. The line between both the expressions is quite narrow. Judicial activism when transcends the judicial blockade, becomes judicial overreach. When judiciary outreach the ascendancy provided to it, judicial overreach comes in being. But who decides the extent as to which a judicial interference is alright. Or if we simply state this so

Research Paper

Sample 2

how can we measure the technicalities and circumstances of such judicial encroachment? Not always can someone be jurisdictively accurate and if we measure it down with an entirely different approach of human conscience, then whole of the history might become questionable and that too up to an exceptional level of conflicting stands. But as we all have experienced, that even moon has scars, humanistic approach is yet an alter able state. Some commonly challenged or criticised decisions often turns out mind up and down. Everyone can recall the recent order passed by Allahabad High Court, making it compulsory for all bureaucrats to send their children to government schools. Many of the high class bureaucrats might not be happy and welcomed the order, though many commoners might have extracted hopes for their young budding bureaucrats. Or if we talk about Supreme Court banning liquor at retail outlets. Where is the encroachment? Well! These are some recent issues and are more of some fancy pronouncements. What about those historical pronouncements that once spoke about universal liberalism or national importance. Can we really step forward, without taking into consideration the reforms that now are celebrated as matters of national importance and are nationwide popular but once came out of this overreaching revolution on political and jurisdictive aspects? No. We can't inadvertently neglect that. Though sometimes we have big issues falling in front of us where such sort of overreach or encroachment is questionable and literally should be questioned as well. But, generalities are not rulings. Different eyes have different perspectives for a single picturesque, different minds have different decisions for a common situation and different circumstances have different reasonings. Faizan Mustafa once highlighted something very important. The reasoning of the original write up shall not appeal to many or might appeal differently to different people.

Research Paper

Sample 3

Inculcating patriotism appeals differently to us. For me patriotism is not “choice” for some it might be. Some literally fight for the idea of inculcating patriotism, even if it is done under court orders. My motherland didn't choose whether to raise me or not. So I don't have any right to consult my procrastinating head regarding the very idea of respecting and saluting the national flag. It means, that Madras High Court on promoting patriotism has not overreach or encroached the judicial barriers by making it compulsory to sing national song. But, these pronouncements are not really strong enough to be quoted as overreach. Yes! Defying my initial stand, I shall now highlight some real issues of judicial overreach and that shall literally change the way we take political, economical, technical or judicial overreach into consideration. If we take Triple Talaq into our juridical consideration and critically examine the decisions and theories taken into mind while bringing it in to being, the very question that still revolved in the unchallenged dimensions of personage is, “Whether it literally is the domain of a judicial body to discard or uphold a religious practice and if it is, how?” where Tanima Kishore strongly questions the courts that after refusing the criminalisation and decriminalisation of heinous practice such as marital rape and personal practice such as homosexuality respectively, how come can take such decisions so proactively. Judicial overreach is a contemporary issue that highlights different dimensions of our governing system. Democracy is challenging and it clearly defines the prospects and human apprehensions relatively. Where one decision brings change and at the same time can also be termed as some sort of encroachment. Overreach is nothing more than a tangent, which can last long and in an entirely different abode as well.

Research Paper

Sample 4