Topic–Part of static series under the heading – “Concept of Judicial Review”
3) Explain the difference between judicial review, judicial activism and judicial overreach? Examine whether unfettered use of Article 142 by judiciary falls under judicial overreach?(250 words)
Key demand of the question
The first part of the question is fairly straightforward in its demand. In the second part, we need to explain what Article 142 is, what falls under unfettered use with illustrations and whether we can explicitly call it judicial overreach. In this part, there is scope of formation of personal opinion.
Examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any.
Structure of the answer
Introduction – You can give a broad introduction saying that in a constitutional democracy, the role of judiciary is to act as a check and balance and protect the constitution.
- Explain judicial review as the power of judiciary to review the validity of laws passed by legislature, provided under Article 13. Explain Judicial activism as a more active role taken by Judiciary to dispense social justice. Discuss when judicial activism transgresses into judicial overreach. Give illustrations
- With illustrations, explain what unfettered use of article 142 mean. Explain that the judiciary is right in playing a more activist role, however it should restrain itself from entering into explicit executive domain
Conclusion – Give your opinion on the second part of the question.