Model Question and Answers for APSC | What is Judicial activism? Discuss some examples from the Indian Judiciary. (APSC 2015)
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.