Abstract:
Law is dynamic needed to change with the need of hours. Judicial Activism is an effective tool of Art 142 of the Indian Constitution. Activism is a delicate exercise insight the issues to brings out needed innovation in the form of solution. It also provides a system of check and balance to the other governmental branches without overriding the line drawn by the Constitution. The overstepping into the ambit of legislative and executive areas is called Judicial overreach the aggravated form of the Judicial Activism
Introduction: “Judicial activism” makes the apex court the most powerful supreme court in the world. under the Indian constitution, the supreme court has the power to pass and enforce decrees for doing complete justice to society.
The constitution of India distributed powers between the three organs like legislative, Executive and judiciary in an implied manner. One organ should not interfere with other organs. Even as the conflicts between the three organs are far from eliminated. one of the judicial overreach and judicial activism due to continuing underperformance and at times, non-performance of the executive and legislative organs.
Article 142 of the Indian constitution deals with the enforcement of decrees and orders of the supreme court.” It states that the apex court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing ‘complete justice, in any case, pending before it.” Under Article 142 the supreme court derives overarching powers to perform executive and legislative to bring about complete justice. Article 142 is supplemented by Article 32and Article 141 of the Indian constitution.
In the early 1990s, Indian courts stepped in with greater frequency on matters ranging from malfeasance in governance to legislative matters to political and policy matters, leading to constant friction between three organs. Judicial power refers to the interference of the judiciary in the legislative and executive fields. In the past few years, judicial activism has only flourished in India and become familiars with the Indian public. The best example of judicial activism is public interest litigation, which seems to be a relaxation for locus standi.
“Judicial activism” makes the apex court the most powerful supreme court in the world. Judicial activism is the use of the judiciary to articulate and enforce what is beneficial for society whereas the judiciary starts interfering with the proper functioning of the legislative and executive domains. Judiciary actively involved in many cases since 1990.there are several cases in which the judiciary is actively involved like the union carbide v. union of India,(1) coal block allocation cases,(2) etc. Likewise, in many of the cases judiciary was actively involved and gave decisions.
In judicial activism, the supreme court has done a tremendous amount of good. It has practically tried to wipe away every tear of the underprivileged, disadvantaged and illiterate sections of the society.in many cases judiciary has used excess powers to protect the concept of judicial activism.
In this pandemic period also, Judicial activism again acts as a guardian to rescue the people in the society. It pushes the authorities to execute what they are supposed to do. It's not a denied fact that in these extraordinary situations also the supreme court gave extraordinary decisions to protect the weaker sections of the society. In the first and second waves, the judiciary acted tremendously to do good to the people in the society who were affected in this pandemic period. Providing medical assistance in all other areas like education, but public safety etc it was working very actively in the recent time assistance in all other areas also it worked actively to make too good to the society. In the pandemic situation in all other areas also the judiciary is actively involving to make good to the society.
Recent trends in judicial activism
In the case of firecrackers (3) supreme court imposes restrictions on the kinds of firecrackers which polluting the air. In this case, it analysed the international environmental law principles and the balancing of fundamental rights performed by the court. based on the above decision the Telangana high court-imposed ban on the sale and use of crackers in the pandemic situation because already people are suffering from lungs infections burning of crackers will further increase the pollution so that the risk of infection may increase.
In green tribunal matters, the court directed the govt to establish special tribunals to dispose of the environmental related issues within 6 months from the date of filing. Green tribunal act came into effect with this one.
In the pandemic situation due to the shortage in supply of oxygen cylinders number of deaths taken place the supreme court asked the state governments to provide proper facilities to save the lives of the people. At the time of distributing the free vaccine, the supreme court-involved and told the govt clearly every person who is eligible for vaccination are supposed to get free vaccine-like other citizens in the society.
In the area of school and board examinations also some states want to conduct examinations but given the protection of the life of children the supreme court mentioned not to examine the pandemic situation. so the states promoted the children without conducting any examinations.
Conclusion remarks: Activism is not guarded by the constitution. as it is derived by the judiciary.it is justifiable only for the protection of fundamental rights of the Citizen as courts are guardians of the Constitution to maintain the equilibrium.
Footnotes:
- AIR 1987 SC 1086
- (2014),9 SCC 516
- (2017) ,SCC 218
References:
- https://www.indialegallive.com/special-story/again-judicial.activisms
- constitutional law by J.N.Pandey
- http://blog.pleaders.in/judicialactivism-vs-judicial-restraint-indian-disarray/
- https://www.thehindubusinessline.com/business-laws/judicial-adventurism-time-to-introspect/article34465686.ece https://www.thehindubusinessline.com/business-laws/judicial-adventurism-time-to-introspect/article34465686.ece
- https://www.drishtiias.com/mains-practice-question/question.661
- https://www.pressreader.com/india/the-hindu-business-line/20210503/281921660909016
