Flashcards on Indian Judiciary: Judicial Activism and Judicial Review
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What is the Indian judiciary?
The Indian judiciary is the system of courts that interprets and applies the law in India.
What is judicial activism?
Judicial activism refers to the proactive role of the judiciary in addressing social and political issues, even if it means going beyond the traditional boundaries of the law.
What is judicial review?
Judicial review is the power of the courts to review and invalidate laws or government actions that are found to be unconstitutional.
Why is judicial activism important?
Judicial activism is important as it allows the judiciary to protect fundamental rights, ensure accountability, and promote justice in society.
What are the benefits of judicial activism?
Some benefits of judicial activism include safeguarding human rights, promoting social change, and preventing the abuse of power by the executive and legislative branches of government.
What are the limitations of judicial activism?
Some limitations of judicial activism include potential interference with the powers of the executive and legislative branches, potential judicial overreach, and the need for judicial restraint in certain matters.
Who has the power of judicial review in India?
The Supreme Court of India has the power of judicial review.
What is the significance of the Kesavananda Bharati case?
The Kesavananda Bharati case established the doctrine of basic structure, which limits the powers of Parliament to amend the Constitution.
How does judicial activism promote accountability?
Judicial activism promotes accountability by holding the government and its agencies responsible for their actions and ensuring they adhere to the principles of justice.
What is the role of public interest litigation in judicial activism?
Public interest litigation enables individuals or organizations to approach the courts to seek remedies for actions that affect public interest, thereby contributing to judicial activism.
What is the difference between judicial activism and judicial restraint?
Judicial activism involves an active and interventionist approach by the judiciary, while judicial restraint advocates for caution and limited interference in matters of policy and legislation.
What is the relationship between judicial activism and human rights?
Judicial activism often plays a crucial role in protecting and promoting human rights by ensuring the government upholds its obligations to respect and fulfill these rights.
What is the significance of the Supreme Court's power of judicial review?
The Supreme Court's power of judicial review acts as a check on the legislative and executive branches, ensuring that laws and government actions adhere to the constitutional framework.
What are some landmark judgments related to judicial activism in India?
Some landmark judgments related to judicial activism in India include the Vishaka case on workplace sexual harassment, the Right to Information Act case, and the Decriminalization of Section 377 case.
How does judicial activism contribute to social change?
Judicial activism contributes to social change by addressing societal issues and advocating for the rights of marginalized communities, leading to progressive legal reforms.