What is the need for judicial activism?

Answer 1

Political system in India is becoming increasingly corrupt and opportunistic. Vote bank politics is increasingly becoming the order of the day. Under such situation judiciary is playing a role to clip the political opportunism by checking the unprincipled acts passed by the legislature and the haste with which the zealous executive would like to implement.An example is the decision of the Supreme Court in not lifting the stay in OBC reservations in government Institutions of Higher learning like the IITs and the IIMs.
Naturally the interested parties in legislature and executive call it judicial activism as their enthusiastic efforts to rush through the opportunistic laws are being delayed if not totally negated.

Answer 2

There is no "need" for judicial activism....

But then, the term has become almost meaningless the way it is used -- in common usage, judicial activism has come to mean any ruling that people don't like.

In reality, judicial activism is using the power of the bench to change laws and enforce social policy -- but the way it's used, if a judge follows the law, but people don't like the outcome, they scream "judicial activist!".

But what they are really complaining about is that the judge followed the law and they didn't like the law -- they are complaining because they wanted the judge to be an activist and to ignore the law, and the judge didn't.

Judges don't need to go beyond the bounds of law -- but neither should they ignore the law just to make the masses happy.

Answer 3

If the Executive fails then and only then Judicial activitism
starts.Now a days the govt. cannot take correct decision
because of political reasons and therefore Judicial activism
is the saviour of the people.

Answer 4

By the use of the term 'judicial activism', you've rather signaled where you stand...the term is one almost exclusive to the far right, is generally placed in "" as a term of opprobrium when referring to any decisions relating to freedom of choice, school integration, labor unions, and assorted other Constitutional rights. When decisions are made [as with the current SCOTUS] favorable to the far right's core issues, then it is 'judicial wisdom'...i.e., one for our side. Rooting out 'activism', at all levels of the judicial systems, is a primary tenet of Those Who Must Be Obeyed.

Answer 5

Judicial activism is using the power of the bench to change laws and enforce social policy. Today this activism is required to improve the systems in lower judiciary. The lower judiciary is corrupt to the core. Surveys say that 77.7% people say they are corrupt. For every court process – marking attendance, getting copy of orders, service of notices and summons one has to bribe. Zee TV exposed that Warrants can be issued against innocent people for money.
The efforts to computerize have not yielded any results as NIC has failed to deliver nay results as far as lower courts are concerned. The need is to computerize the work processes in the lower courts. Millions of rupees spent on installation of computers in courts have gone waste as most of them are not working and a few are being used as typewriters. Out source computer service providers, rope in good names in Software development, we have many a few are HCL, TCS, Infosys, Wipro, Satyam etc. etc. Have a central registry in each district, link all the villages to it. This will reduce pendency in lower courts. Thousands of people with petty crimes will be out of jails. As on today we have to go to courts for every petty job. We do not have a system to know if court will sit today, notices have been served or not. When judgment will be delivered etc. etc.

Answer 6

Activism by the Judiciary writes regulation that would desire to on no account be voted on by an non-compulsory physique. The peoples needs are disregarded and for the period of handed. the determination of government who believes in restraint protects the voice of the individuals.

Answer 7

I don't know what you mean. You'll need to be more specific. What do you mean by "judicial activism"?

Answer 8

judicial activism is a contradiction - they are only suppose to uphold the law - not rewrite the law.

and on the federal level they have a responsibility to uphold the constitution - it is their activism that has helped to destroy our country.

Answer 9

lower judiciary is corrupt to the core. the middle order is caste-ridden. the top is trying it's best to keep equidistance from the lower and the middle. the elitist supreme court has become akin to court jester. they are always on the side of the powerful.judicial activism and such gimmics is the best bet to evade responbilities.

Answer 10

None.... it is an abomination