Model Question and Answers for APSC | What is Judicial activism? Discuss some examples from the Indian Judiciary.
Ans : A judiciary is an independent body that is evenhanded, unbiased, and unprejudiced. It functions within the framework of the constitution, defined under the concept of the separation of powers. It interprets the constitution which is supreme and at times needed, supports the rule of law and the standards laid down in the constitution. The Supreme Court of India is considered the sentinel qui vie and protects the fundamental and constitutional rights of the people.
Judicial Activism means the rulings of the court based on political and personal rational and prudence of the Judges presiding over the issue. It is a legal term referring to court rulings based, in part or in full, on the political or personal factors of the Judge, rather than current or existing legislation.
According to Black's Law Dictionary judicial activism is a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions.
Examples from the Indian Judiciary
1. In the 2G scam, the SC cancelled 122 telecom licences and spectrum allocated to 8 telecom companies on the grounds that the process of allocation was flawed.
2. Arun Gopal v. Union of India (2017): the Supreme Court fixed timings for bursting Diwali fireworks and prohibited the use of non-green fireworks, although there are no laws to that effect.
3. M.C. Mehta v. Union of India (2018): the court annulled the statutory Rule 115(21) of the Central Motor Vehicle Rules, 1989, when it directed that no BS-4 vehicle should be sold after March 30, 2020, and that only BS-6 vehicles can be sold after that date.