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Flashcards on Indian Judiciary: Judicial Activism and Judicial Review
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What is judicial activism?
When the judiciary takes an active role in interpreting and shaping laws.
What is judicial review?
The power of the judiciary to review laws and government actions for their constitutionality.
What is the purpose of judicial activism?
To ensure justice and protect citizens' rights.
What is the significance of judicial review?
It acts as a check on the legislative and executive branches of government to prevent any violation of the Constitution.
Who has the power of judicial review in India?
The Supreme Court of India.
Give an example of judicial activism in India.
The Supreme Court's intervention in environmental matters to protect the environment.
What are the limits of judicial activism?
The judiciary cannot encroach upon the domain of the other branches of government.
What is the role of the judiciary in judicial review?
To examine laws and government actions to ensure they are consistent with the Constitution.
In what ways can judicial activism be beneficial?
It can address social injustices, promote rule of law, and protect fundamental rights.
How does judicial review influence the functioning of the government?
It keeps the government in check and ensures accountability.
What are the potential drawbacks of judicial activism?
It may lead to judicial overreach and interfere with the legislative and executive functions.
What is the difference between judicial activism and judicial review?
Judicial activism refers to the behavior and approach of the judiciary, while judicial review is the power exercised by the judiciary.
Can the judiciary create laws through judicial activism?
No, the judiciary cannot create laws through judicial activism. Their role is to interpret and apply existing laws.
What is the role of public interest litigation (PIL) in judicial activism?
PIL allows citizens to bring matters of public importance to the court, contributing to judicial activism.
Why is an independent judiciary important for judicial activism?
An independent judiciary ensures that the judiciary can act without interference and uphold the rule of law.
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Test Your Knowledge
What is the term for the power of the judiciary to review laws for their constitutionality?
Legal activism
Judicial review
Legislative oversight
Executive intervention
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Which branch of the government has the power of judicial review?
Legislative branch
Judicial branch
Executive branch
All branches have equal power
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What is the main purpose of judicial activism?
To protect the interests of the executive branch
To address social injustices and protect citizens' rights
To restrict the powers of the judiciary
To limit the role of the legislature
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Which court has the power of judicial review in India?
High Court
Supreme Court
District Court
Family Court
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What is the term for the intervention of the judiciary in addressing environmental issues?
Constitutional review
Environmental activism
Legislative interference
Executive oversight
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What is a potential drawback of judicial activism?
Excessive legislative control
Judicial overreach
Executive dominance
Limited citizen participation
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Which concept refers to citizens bringing matters of public importance to the court?
Executive order
Public interest litigation
Legislative petition
Citizen complaint
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What is the role of the judiciary in judicial review?
Formulating laws
Examining laws for their constitutionality
Enforcing laws
Amending laws
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What is the difference between judicial activism and judicial review?
Judicial activism is a power exercised by the judiciary, while judicial review is an approach taken by the judiciary
Judicial activism refers to the behavior and approach of the judiciary, while judicial review is the power exercised by the judiciary
Judicial activism focuses on legislative laws, while judicial review focuses on executive actions
Judicial activism is proactive, while judicial review is reactive
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Why is an independent judiciary important for judicial activism?
To restrict the judiciary's powers
To ensure impartiality and rule of law
To enhance executive control
To limit citizen participation
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