Shiw Balak Prasad


Judiciary is the important organ of each Government in modern age. Every constitution gives the vast powers to review the process of law was making and executive orders. It is hoped that the Judiciary will act as free and fair in the light of constitutional provisions. As far as Indian context the Judiciary, these days, has been playing a vast role in day-to-day works of Govt. There are two kinds of exercise this powers as Judicial self-restraint and Judicial activism. Judicial self – restraint is the classical or traditional virtue of judicial behavior. The courts will be very careful in defining their jurisdiction and shy in expanding it and will observe restraint in interfering with legislative or executive action. However judicial self-restraint is not a rule, it is a case of auto limitation. But judicial activism can be both- negative and positive. In times of political instability the court tend to be more activist reaching more abstrusely into the daily life of citizens or restricting or directing the legislature and the executive in what they could do. So, this paper will reveal the too activism of the judiciary in Indian context.


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AIR 1960 SC 845, AIR 1979 SC 478, AIR 1994 SC 360, AIR 1979 SC 916, AIR 1981 SC 713- 14, AIR 1981 SC 2138, AIR 1981 SC 344, AIR 1982 SC 149, AIR 1987 SC 1086, AIR 1984 SC 828, AIR 1983 SC 378, AIR 1985 SC 1259, AIR 1987 SC 359, AIR 1987 SC 1326, AIR 1981 SC 939, AIR 1983 SC 930, AIR 1979 SC 1590, 1360, 1770, 1819, AIR 1981 SC 1928, AIR 1981 SC 1939, AIR 1983 SC 1087, AIR 1982 SC 806, AIR 1986 SC 1773, AIR 1983 SC 328, AIR 1983 SC 308, AIR 1983 SC 378, AIR 1984 SC 837, AIR 1984 SC 837.

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Sharma, R.D.: Justice for All, said, “The sudden probation for the PIL bill was the spate of judgements by the apex court in the allotment of petrol pumps case, Jain Hawala cases, housing scam and others of the ilk dealing with corruption in high places. (Pioneer, Lucknow, 2.4.1997). The court had received a pamphlet from Shanti of Karnataka who alleged that she was employed without any payment as domestic servant and washerwoman by a flour mill owner in Tirupati. The court called for a report from the Chittor Collector. Times of India, 17 July 1985.

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Upendra Baxi vs. State of U.P., AIR 1987 SC 1991. Venkataramaiah, the former chief Justice of the Supreme Court, expresses his observations the same. observations express this same concern. He said, “If the legislature exceeds its power, this court steps in. If this court itself exceeds its powers what can people do? Should they be driven to seek an amendment of the law on every such occasion. The only proper solution is the observance of restraint by this court in its pronouncements so that they do not go beyond its own legitimate sphere”. (Pioneer, Lucknow, 4 September 1996).

Venugopal K.K., Senior Advocate emphasizes, “The court has to be more cautious where it seeks to take affirmative action in areas not covered by statute or express constitutional provisions requiring a particular thing to be done or action to be taken” In his view, this implies that the court “would be taking upon itself the function of laying down policy. It would also encroach upon the legislative powers of parliament or the state legislatures” (Pioneer, Lucknow, November 13, 1995).

DOI: http://dx.doi.org/10.46827/ejpss.v0i0.467


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