Judicial Activism Essay Example for Free

Judicial Activism EssayJudicial activism is gaining prominence in the present days. In the form of Public raise Litigation (PIL), citizens are getting access to justice. Judiciary has become the centre of controversy, in the recent gone, on account of the sudden (Me in the level of juridical intervention. The area of judicial intervention has been steadily expanding through the device of public pursual litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the rudimentary rights of the poor and vulnerable sections of society, by progressive interpretation and positive action. The Supreme Court has create new methods of dispensing justice to the masses through the public interest litigation. Former Chief Justice PN. Bhagwat, under whose leadership public interest litigation attained a new dimension comments that the supreme tribunal has developed several new commitments. It has carried forward participative justice.It has laid just standards of procedure. It has made justice more accessible to citizens. The term judicial activism is intended to refer to, and cover, the action of the court in excess of, and beyond the power of judicial re plenty. From one angle it is said to be an act in excess of, or without, jurisdiction. The Constitution does non confer any authority or jurisdiction for activism as much(prenominal) on the Court. Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It principally occurs due to the non-activity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. Judicial activism is providing a base for policy reservation in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times.In short, judicial activism means that instead of judicial restra int, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration. Judicial activism has arisen principally due to the failure of the executive and legislatures to act. Sec-ondly, it has arisen also due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly, it occurs because the entire form has been plagued by ineffectiveness and inactiveness. The violation of basic human rights has also led to judicial activism.Finally, due to the misuse and abuse of some of the provisions of the Constitution, judicial activism has gained significance. Besides the in a higher place mentioned factors, there are some other situations that lead to judicial activism. These are (i) When the legislature fails to discharge its responsibilities. (ii) In case of a hung parliament where the government is really weak and instab le. (iii) When the governments fail to protect the basic rights of the citizens or provide an honest, efficient and just system of law and administration, (iv) When the party in power misuses the courts of law for posterior motives as was done during the Emergency period, and (v) Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.Areas of Judicial ActivismDuring the past decade, many instances of judicial activism have gained prominence. The areas in which judiciary has become active are health, child labour, political corruption, environment, education, etc. Through various cases relating to Bandhua Mukti Morcha, Bihar Under trials, Punjab Police, Bombay paving material Dwellers, Bihar Care Home cases, the judiciary has shown its firm commitment to participatory justice, just standards of procedures, immediate access to justice, and preventing arbitrary state action. Public Interest Litigation An Innovative shout t owards Judicial Activism Public interest litigation means a suit filed in a court of law for the protection of public interest such as pollution, terrorism, road safety etc. Judicial activism in India acquired importance due to public interest litigation. It is not defined in any decree or act. It has been interpreted by judges to consider the intent of public at large. The court has to be satisfied that the person who has resorted to PIL has sufficient interest in the matter. In India, PIL initially was resorted to towards improving the lot of the disadvantaged sections of the society who due to poverty and ignorance were not in a position to seek justice from the courts. aft(prenominal) the Constitution (Twenty Fifth Amendment Act, 1971), primacy was given to Directive Principles of State Policy by making them enforceable. The courts to improve administration by taking up PIL cases, for ensuring compliance total provisions has also profitd. PIL is filed for a variety of cases s uch as maintenance of ecological balance, making municipal authorities comply with statutory obligations of provision of civic amenities, violation of fundamental rights etc. It has provided an opportunity to citizens, social groups, consumer rights activists etc., easier access to law and introduced a public interest perspective. Justices P.N. Bhagwati and V.R. Krishna Ayer have played a key business office in promoting this avenue of approaching the apex court of the country, seeking levelheaded remedies in areas where public interests are at stake. PIL has been considered a boon, as it is an inexpensive legal remedy due to nominal costs involved in filing the litigation.But there are some problems also in the PIL cases. There has been an increase in the number of frivolous cases being filed due to low court fees. Genuine cases got receded to the background and privately motivated interests started gaining predominance in PIL cases. In view of this, the Supreme Court has framed certain guidelines governing the PIL. Presently the court entertains only writ petitions filled by an aggrieved person or public peppy individual or a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class of persons who due to reasons of poverty, disability, socially or economically disadvantaged position are finding it difficult to approach the court for redress.PIL is an extraordinary remedy lendable at a cheaper cost. As Justice Bhagwati observed in the case of Asiad workers case, now for the first time the portals of the court are being thrown hold to the poor and the downtrodden. The courts must shed their character as upholders of the established order and the status quo. The time has come now when the courts must become the courts for the poor and the essay masses of this country.