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Judicial Activism and Judicial Restraint in India: Re-Examining the Boundaries of Judicial Power
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Dr. Juhi Saxena
Assistant Professor at Amity Law School, Amity University, Lucknow, India
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Shivam Yadav
LL.M. Student at Amity Law School, Amity University, Lucknow, India
Abstract
The role of the judiciary as a role, both when it comes to protecting human rights and the maintenance of constitutional governance in India, is evolving like water by the day. While the expansion of judicial monitoring systems has been more meaningful in strengthening accountability, it also has posed problems of limits when the judicial process is expanded from a purely operational standpoint. The concepts of judicial activism and judicial restraint are used regularly and are the tools of judicial activism, but is their practical application harder in terms of their meaning and use of our experience? This paper comes to this problem from the standpoint of how courts deal with very different types of structural problems of organisations and how they act so as to balance the other.
Keywords
- Judicial Activism
- Judicial Restraint
- Judicial Review
- Constitutional Governance
- India
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 496 - 507
DOI: https://doij.org/10.10000/IJLMH.1111544Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
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