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VOL. 5, ISSUE 1 (2023)
Judicial activism in India: An exercise of unconventional jurisprudence
Authors
Vinit Dinesh Pareek
Abstract
An unbiased, impartial, and independent judiciary is a body that functions independently. It operates within the parameters of the constitution, which are established by the idea of the separation of powers. It upholds the rule of law and the norms outlined in the constitution. The Indian Supreme Court is regarded as the sentinel who lives and defends the people’s basic and constitutional rights. Judicial activism refers to decisions made by the court that are due to the political and personal judgement and wisdom of judges. It is a phrase used in law to describe court decisions that are entirely or partially influenced by the political or personal views of the judge rather than by the law in effect. Through the action of Justice Coke, the authority of Judicial Review was accepted for the first time in Britain in 1610. According to the then-Chief Justice Coke, if a statute passed by Parliament violated common law or “reason,” the judiciary might evaluate it and declare it invalid. In India, judicial activism means that the Supreme Court and the high courts, but not the lower courts, have the power to declare laws invalid and unconstitutional if they violate or are inconsistent with one or more constitutional provisions.
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Pages:29-31
How to cite this article:
Vinit Dinesh Pareek "Judicial activism in India: An exercise of unconventional jurisprudence". International Journal of Law, Policy and Social Review, Vol 5, Issue 1, 2023, Pages 29-31
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