Judicial activism can be described when the judiciary steps in to the shoes of the executive or the legislature and embarks on the works and privileges of the other two organs rather than interpretation of law. This topic has assumed immense significance because today everything from river pollution to the selection of the cricket team and even the disposal of waste has become the purview of Judicial Activism. The Supreme Court of India in a recent judgment on May 5, 2010 in Selvi v. Karnataka considered the constitutionality of the investigative  Narco analysis technique holding it permissible only when the subject consents to its use. The decision taken by the Supreme Court of India about the 9th Schedule of the constitution deserves great attention.  It was an example of excessive judicial Activism. In this case, one of the most controversial judgments of the Supreme Court was that the ninth schedule of the Constitution was open to judicial Review.  The common citizens have discovered great relief in Judicial Activism   because of the inefficient administration and nonperforming of the other organs of Government and the wide spread corruption and criminality in the political sphere.  In many cases the courts acted in the right direction but in certain instances it made upset the constitutional system of separation of powers. Today judicial activism has touched almost each and every aspect of life ranges from human rights issues to maintenance of public roads!



Judicial activism

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The Author is the Administrative Assistant of Centre for Public Policy Research

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