Judicial review, activism, and overreach

1. Judicial Review

  1. Judicial review is the power of the judiciary to examine the constitutionality of legislative and executive actions.
  2. It derives from the Constitution (Articles 13, 32, 226, etc.) and ensures laws and policies adhere to constitutional principles.
  3. This power positions the judiciary as the guardian of the Constitution.
  4. Judicial review safeguards fundamental rights by invalidating laws that violate them.
  5. It upholds the principles of separation of powers and prevents arbitrary governance.
  6. Key judgments like Keshavananda Bharati v. State of Kerala have reinforced the importance of judicial review.

2. Judicial Activism

  1. Judicial activism refers to proactive judicial interventions to address public issues or enforce rights.
  2. It is often seen as the judiciary stepping into the domain of the executive or legislature to ensure justice.
  3. Public Interest Litigations (PILs) have been a significant tool for judicial activism.
  4. Notable examples include the Vishaka Guidelines on sexual harassment and the Right to Education case.
  5. Judicial activism has played a vital role in environmental protection, corruption cases, and social justice issues.
  6. While beneficial, excessive activism can lead to allegations of the judiciary overstepping its boundaries.

3. Judicial Overreach

  1. Judicial overreach occurs when the judiciary encroaches upon the functions of the legislature or executive beyond its constitutional mandate.
  2. It is often criticized as a violation of the principle of separation of powers.
  3. Examples include the judiciary's directions in policy matters such as coal allocation or administrative appointments.
  4. Judicial overreach can undermine the authority of other branches of government and disrupt the balance of power.
  5. Critics argue that overreach creates a perception of judicial dominance, which may erode public confidence in governance.

4. Balancing Judicial Review, Activism, and Overreach

  1. While judicial review is a constitutional obligation, activism and overreach are subject to debate.
  2. Judicial interventions should aim to fill gaps in governance without undermining other branches of government.
  3. The judiciary must exercise restraint to avoid being perceived as a policymaker.
  4. Clear guidelines on judicial activism can help maintain its constructive role.
  5. Collaborative approaches between branches can enhance governance without compromising judicial independence.

5. Landmark Judgments

  1. Keshavananda Bharati v. State of Kerala: Established the doctrine of basic structure and reinforced judicial review.
  2. Maneka Gandhi v. Union of India: Expanded the scope of Article 21 to include a broad interpretation of personal liberty.
  3. MC Mehta v. Union of India: Highlighted judicial activism in environmental protection.
  4. Minerva Mills v. Union of India: Balanced directive principles and fundamental rights through judicial review.

6. Challenges and Criticisms

  1. Judicial activism and overreach may blur the boundaries of governance, leading to conflict with other branches.
  2. The judiciary is sometimes accused of prioritizing PILs over pending cases, contributing to judicial delays.
  3. Lack of accountability for judicial decisions affecting policymaking is a recurring criticism.

7. Conclusion

The concepts of judicial review, activism, and overreach demonstrate the judiciary's evolving role in Indian democracy. While judicial review is essential for constitutional governance, judicial activism and overreach require cautious application to maintain balance and public trust.

Category
The Judiciary
The Union Government
Indian Polity and Governance
What does judicial review mean in the Indian context?
Which article of the Constitution empowers the Supreme Court to exercise judicial review?
Judicial activism became prominent in India during which decade?
What is the main objective of judicial review in India?
What is judicial overreach?
Which case is often considered a landmark in the context of judicial review in India?
What is the difference between judicial review and judicial activism?
In which case was the concept of judicial review first upheld in India?
Which organ of the government primarily exercises judicial review?
What is the term for courts stepping into areas traditionally under the purview of the executive?
Public Interest Litigation (PIL) is often associated with which judicial concept?
Which article allows High Courts to exercise judicial review?
Judicial activism is often criticized for violating which principle?
Judicial review ensures compliance with what?
What distinguishes judicial overreach from activism?
What is the role of the judiciary in resolving conflicts between the legislature and the executive?
Which case highlighted the principle of judicial restraint in India?
Judicial activism in India is considered a result of what?
What is the key criticism of judicial overreach?
Which case established the doctrine of the basic structure of the Constitution?
Judicial activism is often seen as a tool for ensuring what?
What is judicial restraint?
Which body in India can challenge unconstitutional amendments through judicial review?
What is the primary objective of judicial activism?
What is the difference between judicial review and judicial restraint?
Which case is associated with expanding the scope of Fundamental Rights through judicial interpretation?
What is the primary purpose of judicial overreach?
What is the key feature of judicial activism in India?
Judicial review originated from which landmark case in the United States?
Which article enables the judiciary to issue writs for the enforcement of Fundamental Rights?
What is a Public Interest Litigation (PIL)?
Which type of judicial intervention ensures accountability of public officials?
What is one advantage of judicial review?
Which article allows for judicial review of laws passed by the Parliament?
Judicial activism is most visible in which type of cases?
What does the term "judicial review" exclude in the Indian context?