Are you in favor of Judicial Activism?

Question

Like USA, India too follows the principle of Judicial Review of Parliamentry Acts. Any act which infringes a Basic Right or which purports to change the basic structure of the constitution is void to that extent. The Indian Parliament in the 60s amended its constitution and created a Schedule known as the NINTH SCHEDULE to safeguard any Act being challenged in the Supreme Court. Any act placed in the Ninth Schedule was above Judicial Scrutiny. Today on 11th Jan. 2007 the Supreme Court of India gave a landmark Judgement wherein it said that if the Act which is placed in the said schedule takes away any Basic Right or is not in line with the Constitutional provisions is void and Act put under the said Ninth Schedule is not above Judcial Scrutiny. Cheers!!

Answer 1

No I am not. It is not the job of the judiciary to legislate from the bench which is a consequence of judicial activism. Legal precedent must always be considered to make sure our system is just and fair for all. If every judge did whatever he or she wanted, there would be no consistency in the law and the law would not be applied equally to citizens.

And for the record, such an act like this Ninth Schedule would be quickly ruled as unconstitutional in this country as no law or legislative act is above judicial review.

Answer 2

that's a faux label placed on criminal judgements that the rabid Republican top does in comparison to. A decide confronted with a criminal difficulty ought to be certain it. that's the full factor of having a judicial gadget, to be certain disputes without killing one yet another. some human beings could in basic terms as quickly kill people who disagree with them.

Answer 3

So far as the U.S. is concerned, ............ no, I don't like judicial activism.

As far as the Indian system, sorry, but what you said sails right over my head!

Answer 4

No, no way.