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Lately judicial activism seems to be on a decline in the country with judicial overreach taking the front seat. In light of the statement, evaluate the importance of judicial activism in achieving the ideals of democracy.

Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

5. Lately judicial activism seems to be on a decline in the country with judicial overreach taking the front seat. In light of the statement, evaluate the importance of judicial activism in achieving the ideals of democracy. (250 words )

Reference: Hindustan Times 

Why the question:

The Supreme Court recently granted two days to Bhushan to reconsider his “defiant statement” refusing to apologize for his contemptuous tweets against the judiciary.

Key Demand of the question:

The answer demands explanation on how recently Judicial activism has been on decline and how judicial overreach has taken the front seat that can act counterproductive in achieving the goals of Democracy.

Directive:

Evaluate – When you are asked to evaluate, you have to pass a sound judgement about the truth of the given statement in the question or the topic based on evidences.  You have to appraise the worth of the statement in question. There is scope for forming a personal opinion here.

Structure of the answer:

Introduction:

Explain what judicial activism and judicial overreach are.

Body:

Start by explaining the sea change in judicial approach since Keshavananda Bharti case. Except for a blip during emergency – exemplified by Shivkant Shukla v ADM Jabalpur case – judiciary has been becoming more and more active. The advent of PIL was, perhaps, the most important step in this direction.

Explain what steps have been taken by Judiciary to achieve the ideals of democracy from past to present.

Discuss in what way the judiciary is erring now and is on the path of judicial overreach, present the case of recent incidences to justify the same.

Conclusion:

Conclude with solutions to address the problem and that there is dire need to rectify the erring judiciary at this stage so as to preserve the true mandate of it.

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