judicial activism and protection of human rights in india pdf

Judicial Activism And Protection Of Human Rights In India Pdf

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Judicial activism , an approach to the exercise of judicial review , or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. Although debates over the proper role of the judiciary date to the founding of the American republic, the phrase judicial activism appears to have been coined by the American historian Arthur M.

The right to information is fundamental in environmental protection. Lack of access to information regarding environmental planning and licensing has often lead to public interest environmental litigation. The right to information is also an element in the formation of the rule of law in both its formal and substantive aspects. Mining must be cautionary conducted due to its high potential for environmental damage and pollution. This paper discusses the extent to which is the right to environmental information protected in Indonesia through several cases of mining litigation.

Judicial Activism and Judicial Restraint

However the efficacy of the mechanisms in place today has been questioned in the light of blatant human rights violations and disregard for basic human dignity in nearly all countries in one or more forms. In many cases, those who are to blame cannot be brought to book because of political considerations, power equations etc. When such violations are allowed to go unchecked, they often increase in frequency and intensity usually because perpetrators feel that they enjoy immunity from punishment. The rule of locus standi, i. Now court through public interest litigation permits public spirited persons to file a writ petition for the enforcement of rights of any other person or a class, if they are unable to invoke the jurisdiction of the Court due to poverty or any social and economic disability. Gupta v. Union of India and others, Supreme Court held that any member of the public can approach the court for enforcing the Constitutional or legal rights of those, who cannot go to the court because of poverty or any other disabilities.

Whatever the causes may be, it is our duty of humans to protect the human rights of those who are victims. Women have been ill-treated in every society for ages and India is no exception. Indian judiciary feel convinced of the need for women's empowerment-by law and by legal means. The Constitution of India has taken a long leap in the direction of eradicating the lingering effects of such adverse forces so far as women are concerned. Our Constitution makes express provision for affirmative action in favour of women. It prohibits all types of discrimination against women and lays a carpet for securing equal opportunity to women in all walks of life, including education, employment and participation. According to analytical jurisprudence a court merely found the law or merely interpreted the law.

Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The question of judicial activism is closely related to judicial interpretation , statutory interpretation , and separation of powers. Arthur Schlesinger Jr. The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not only did he fail to explain what counts as activism, he also declined to say whether activism is good or bad. Even before this phrase was first used, the general concept already existed.

Judicial Activism and Women Empowerment In India

The author sets forth a picture of the different forms of judicial activism existing worldwide and how it led to the evolution of PILs in India. What if the Indian judiciary fails to address the human rights violation contentions of the underprivileged sections of the society? What if it does not take cognizance of issues centring public interest? The Constitution would simply lose out on its basic principles of social, economical and political justice. The people would lose out on their faith over the legal system of the country.


Through judicial activism, the court moves beyond its normal role of a mere adjudicator of disputes and becomes a player in the system of the country, laying down.


Judicial activism to Public Interest Litigation

Morin eds. Sythoff, Leyden, , pp. All Rights Reserved.

The author underscores that the patrimonial liberal Rule of Law ROL discourse usually disregards alternative traditions. First, it does not permit any reflection on the normative socialist ROL conceptions. Second, it disregards the very existence of other ROL traditions: for example, the pre-colonial, those shaped by the revolt against the Old Empire, or the non-mimetic contributions by the proud judiciaries in some "developing societies".

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