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.
3. Differentiate between judicial review and judicial activism in India. In your opinion do you think it is ever possible for the Indian judiciary to partake more of judicial activism? Explain, (250 words)
Reference: Indian polity by Lakshmikant
Why the question:
Judicial Review, Judicial Activism and Judicial Overreach are terms which come often in news. The question intends to differentiate between judicial review and judicial activism in India.
Key Demand of the question:
One has to between judicial review and judicial activism in India and explain with justifications if it is possible for the Indian judiciary to partake more of judicial activism.
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.
Structure of the answer:
Define the terms – judicial activism, judicial overreach in short.
Explain that though legislature has the power to make laws, this power is not absolute. Judicial Review is the process by which the Judiciary reviews the validity of laws passed by the legislature.
Judicial activism denotes a more active role taken by Judiciary to dispense social justice.
Compare and contrast the two features of Judiciary and express a fair and balanced opinion.
Conclude with suitable examples and justify as to what should be ideally done.