Judicial Review and Judicial Activism in India Judicial Review: Judicial review is the power of a higher court to declare a law or action of a lower cour...
Judicial Review:
Judicial review is the power of a higher court to declare a law or action of a lower court as unconstitutional. This means that a higher court can set aside a lower court's decision if it finds that the law or action violates a fundamental right or law.
Judicial Activism:
Judicial activism is the proactive exercise of legal principles and rights by individuals or organizations, including activists, to challenge the actions or policies of the government. This can include taking legal challenges to laws or regulations that they believe violate fundamental rights or public interest.
Significance of Judicial Review:
It protects fundamental rights and freedoms from violation.
It ensures that the government acts in accordance with the law.
It promotes accountability and transparency in government actions.
Judicial Activism:
It enables individuals and organizations to participate in upholding the rule of law.
It ensures that the government is responsive to societal needs and concerns.
It helps to shape policy and legislation in a constructive manner.
Examples:
Legal Challenges to Laws:
In 2018, the Supreme Court struck down a law that restricted women's access to education.
The Supreme Court has also taken suo motu action on various environmental issues, such as pollution and deforestation.
Activism by Activists:
In 2020, a group of farmers launched a movement to challenge the government's policies on agricultural land acquisition.
Human rights organizations often provide legal assistance and advocacy to individuals who are facing human rights violations.
Conclusion:
Judicial review and judicial activism are essential components of a democratic society. They ensure that the government acts in a transparent and accountable manner, protects fundamental rights and freedoms, and promotes social justice