JUDICIAL ACTIVISM

Judicial Activism

Reasons

Asymmetry of power in the Constitution.
Indifferent approach of other organs.
Increasing awareness amongst masses.
Globalization
Active media
Advent of PILs

PUBLIC INTEREST LITIGATIONS

concern about public issues anyone can approach the court even if not affected

Popular PILs: Examples

Prison reforms:
Humanizing prison administration
Undertrials in jail
Right to speedy trial
Humane treatment of detainees
Limiting solitary confinement
Avoiding excessive handcuffing

Women:
Sexual harassment at workplace
Nutritional & feeding norms
Inheritance of property rights
Regulating sale of acid
Separate police lock ups for women

Child rights:
Establishing juvenile courts with trained officers
Preventing child labour
-In circuses
-In match factories
-In carpet factories

Environment:
Healthy environment
Polluter pays principle
Absolute liability principle
Firecracker ban
BS IV implementation

Governance:
Criminal antecedent of candidates
Appointing SITs
CBI Director (Appointment and tenure)
ECI Members’ Appointment

Recent Examples

• Madras HC – Advising CM not to appoint ministers without portfolios to ensure integrity and morality.
• Various HCs – Directing govts to pay compensation to acid attack victims.
• Gujarat HC – Parents forcing kids aged below 3 years to attend pre-school are committing an illegal act
• SC – Instructing Telangana govt. to conduct verification of all cancelled ration cards.
• SC – Directing Gujarat and Rajasthan govts. to install bird diverters to protect the Great Indian Bustard
• SC – Voter Has Right To Know Full Background Of Candidate

Positive implications by Activism

• Reduces the risk of arbitrary or biased decision-making
  by government officials.
• Enhanced transparency in governance
• Helps governments avoid taking tough stand on
  controversial issues
• Ensures that the Constitution remains relevant and
  effective in a changing world.
• Provides legal recourse for citizens to challenge
  government inaction or negligence
• Complements the work of Parliament by offering legal
  interpretations and resolving disputes related to
  legislation.
• Acts as a check and balance on the legislative and
  executive branch, ensuring adherence to the
  Constitution and the rule of law

Issues

-overreach

-Violation of separation of powers
-Excessive interference causes unnecessary
-delays in decision-making.
-Govt. projects get stalled in certain cases.
-It has led to inter-institutional conflicts.
-Possibility of personal bias creeping in.

-Poly-centric issues need deliberation which
cannot be secured in courts.
-Problem of knowledge deficit in settling technical
issues.
-Abuse of PILs