Bharat SainiLast Updated on June 18, 2017 by Bharat Saini
Judicial activism is the tem that denotes judicial interference or overreach of the Judiciary, in matters where it is deemed that the Judiciary in its observation or verdict, vis a vis the matter brought before it, is crossing Laxman Rekha and is thereby encroaching upon the jurisdiction of the other organs of the government. The phenomenon of judicial activism, in recent times, arose out of sheer helplessness of people frequently seeking judicial intervention to redress their grievances when the concerned authority or the particular institution failed in finding a solution to the problem of the aggrieved person. The court, being conscious of the inter- institutional discipline among various government organs and agencies, initially does not want to pass the stricture or injunction on particular matter and asks the complainant to first approach the concerned authority to get his issue resolved, yet it has become fashion with various government agencies or departments, that things do not move unless they get reprimand from the Court.
The following causes can be noticed triggering the process of judicial activism:
- The people knocking at the door of judiciary in administrative matters, frequently compels the court to resort to excessive delegation without limitation.
- The court suo motto taking cognizance of laws and rules regarding administration and exercising its privileged right to judicial review over administration.
- The court at times resorting to indiscriminate exercise of contempt power creating the impression of judicial activism.
- In its zeal the judiciary has made interpretation of the standard rules with regard to social, economic and political objectives as enshrined in the Constitution and laws and hence passed injunction which seemed impractical and unimplementable for the concerned departments and authorities.
Prominent instances of judicial intervention and hyper activism can be listed below when the top Court:
- Ordered the police not to handcuff a man arrested on the ground of mere suspicion.
- Ordered, not to arrest and take a woman to the police station after dusk in late hours.
- Sent its judges to personally visit the prisons to check the living conditions of prisoners.
- Clearly defined the constitutional powers of the Chief Election Commissioner and put to rest the controversy in the matter.
- Warned big industries with closure threat if they did not stop activities causing pollution to the River Ganga and Taj Mahal.
- Ordered to bring all government and semi government bodies under the purview of the Consumer Protection Act.
- Put a seal of stamp on the provision of 49% of jobs for backward castes and class but exempted creamy layers from the benefits of reservation provision.
- Summoned the head of the CBI asking him to report on the hawala case
Many positive aspects have been noticed in the activist approach adopted by the august Judiciary and with that role of judiciary, significant corrective measures have been made and shortcomings of the system plugged. The judgments have been serious and severe in several matters, like a bitter pill which is hard to swallow but cures the ailment at its root.
After drawing flak from intelligentsia and academia, the judiciary having become conscious of its limitations is now dragging its feet from every matter and advising the complainant to first approach the concerned authorities for redressal before moving to the court. The honourable Supreme Court has recently commented that the court is not a panacea or Amrit Dhara for resolving all the problems facing the society and the nation. The court made these observations when a complainant pleaded the court to frame the guidelines regarding disowned dead bodies.
Notwithstanding the criticism of the judiciary for its so called activism, there is no denying the fact that, at times judicial verdict saved the nation form unusual crisis and trouble and those who do not relish the idea of the judiciary stepping in at the spur of the moment, acknowledge that Indian judiciary has never faltered to keep the conscience of the nation and the citizenry alive owing to the independent nature bestowed on it by the Constitution, which makes it path of keeping the spirit of law and the Constitution intact even in the face of the extreme pressures and odds. The historic role of the judiciary of our country as the guardian and protector of the Constitution and the fundamentals rights of the citizens has been unflinching and uncompromising.
