NEW DELHI: Former Chief Justice of
India P N Bhagwati
, considered a pioneer of judicial activism in the country for introducing the concept of PILs, died here today after brief illness, family sources said. Bhagwati, 95, is survived by his wife Prabhavati Bhagwati and three daughters.
Who started judicial activism in India?
The judiciary remained submissive until the 1960s, with the modern trend of judicial activism beginning in 1973 when the Allahabad High Court rejected the candidature of Indira Gandhi in State of Uttar Pradesh v.
Raj Narain
. The introduction of public interest litigation by Justice V.R.
Who is the father of judicial activism in India?
Prafullachandra Natwarlal Bhagwati
(21 December 1921 – 15 June 2017) was the 17th Chief Justice of India, serving from 12 July 1985 until his retirement on 20 December 1986. He introduced the concepts of public interest litigation and absolute liability in India, and for this reason is held, along with Justice V. R.
Who made judicial activism?
Arthur Schlesinger Jr.
introduced the term “judicial activism” in a January 1947 Fortune magazine article titled “The Supreme Court: 1947”.
How is judicial activism good?
Judicial activism is
highly effective for bringing forth social reforms
. Unlike the legislature, the judiciary is more exposed to the problems in society through the cases it hears. So it can take just decisions to address such problems.
What is Article 21 of the Indian Constitution?
Article 21 of Constitution of India:
Protection of Life and Personal Liberty
. Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: … 2) Right to personal liberty.
Who is the mother of PIL?
Pushpa Kapila Hingorani
was an Indian lawyer who is regarded as “Mother of Public Interest Litigation” (PIL). As per then prevailing laws, a petition could be filed only by a victim or a relative. Kapila and her husband Nirmal Hingorani wanted to represent the undertrial prisoners in Bihar.
Who introduced PIL?
Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by
Justice P. N. Bhagwati
. It is a relaxation on the traditional rule of locus standi.
Which is the lowest court in India?
The Court of Civil Judge of Junior Division
is at the lowest level in deciding civil cases. It has the power to impose any sentence in accordance with the law and it can provide capital punishment also. Civil Judge of Junior Division can extend its jurisdiction in all the original suits and proceedings.
Why is judicial activism?
In the United States, judicial activism is usually used
to indicate that the speaker thinks judges have gone beyond their proper roles in enforcing the Constitution and have decided a case based on their policy preferences
. However, there is little agreement as to which decisions fit this description.
What is one of the most famous examples of judicial activism?
Examples of Judicial Activism
Brown v. Board of Education (1954)
is one of the most popular examples of judicial activism to come out of the Warren Court. Warren delivered the majority opinion, which found that segregated schools violated the Equal Protection Clause of the 14th Amendment.
How is judicial activism defined?
“Black's Law Dictionary” defines judicial activism as “
a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are
…
What are the negative impact of judicial activism?
Now
the teacher's powers are curtailed or strong armed in obeying principal's judgement
. This is an example of negative impacts of judicial activism where personal views of principal (SC judge) motivated by approaches of influential parents (PIL) curtail the discretionary powers of class-teacher (Government).
What is judicial activism in Indian Constitution?
Judicial activism in India implies
the authority of the Supreme Court and the high courts
, but not the subordinate courts, to declare the regulations unconstitutional and void if they breach or if the legislation is incompatible with one or more of the constitutional clauses.
What is the difference between judicial review and judicial activism?
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
.
What is the Article 23?
Article 23 of the Indian Constitution explicitly
prohibits and criminalises human trafficking and forced labour
.
