English_Master February 20, 2016 No Comments
JUDICIAL ACTIVISM IN INDIA “The great contribution of judicial activism in India, has been to provide a safety valve in a democracy and a hope that justice is not beyond reach”. Judicial activism is the term used to describe the actions of judges who go beyond their constitutionally prescribed duties of applying law to the facts of individual cases, and ‘legislate’ from the bench. These judges create new constitutional rights, amend existing ones, or create or amend existing legislation to fit their own notions of societal needs. Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not do so as a proxy for the victim or the aggrieved party. But around 1980, the Indian legal system, particularly the field of environmental law, underwent a sea change in terms of discarding its moribund approach and instead, started charting out new horizons of social justice. This period was characterized by not only administrative and legislative activism, but also judicial activism. Judicial activism earned a human face in India by liberalizing access to justice and giving relief to disadvantaged groups and the have-nots under the leadership of justices V R Krishna...
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