Instruments of Judicial Control: Judicial Review& Judicial Activism and Need for Judicial Restraint in India
Abstract
The active role of the Indian judiciary, particularly of Supreme Court and High Courts has been widely appreciated both within as well as outside India. One of the prime motives of judiciary is to establish Social Justice along with individual justice. Today Judiciary is not only imparting justice, but also stepping into the roles of an Administrator, Reformer, and Decision Maker. In other words, it can be said that today Judiciary is doing all those works, as well, which are, supposedly, to be done either by Legislature or Executive.
This notion of judicial activism has contributed to the developed interpretation of law. However, When Judges start thinking they can solve all the problems in society and start performing legislative and executive functions (because the legislature and executive have in their perception failed in their duties), all kinds of problems are bound to arise. The present paper discusses all these issues in the context of Judicial Activism, Judicial Review and Judicial Restraints.
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