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.
References
- I.P Massey, Administrative Law, eighth edition, Eastern book Company PublicationsGoogle Scholar ↗
- Deshpande, V.S., Judicial Review of Legislation (1975), Eastern Book Company, Lucknow.Google Scholar ↗
- Dr. Jha, C.D., Judicial Review of Legislative Acts, (II Edition, 2009), Lexis Nexis Butterworths Wadhwa, NagpurGoogle Scholar ↗
- Bhandari Renu, Judicial Control of Legislation in India and USA (2001), Vol. I & II, University Book House Pvt. Ltd., Jaipur.Google Scholar ↗
- Justice ® Fazal Karim, Judicial Review of Public Actions (2006), Vol. I & II, Pakistan Law House, Karachi, Pakistan.Google Scholar ↗
- Sir Michael Supperstone, James Goudie, Sir Paul Walker, Judicial Review (2010), IV Edition, Lexis Nexis, DelhiGoogle Scholar ↗
- Prof. Jain, M.P., Indian Constitutional Law (V Edition, 2008), Wadhwa and Company, Law Publishers, New Delhi.Google Scholar ↗
- Singh, M.P., Shukla V.N.’s Constitution of India (XI Edition, 2008), Eastern Book Company, Lucknow.Google Scholar ↗
- Dr. Pandey, J.N., Constitutional Law of India (XXXXIII Edition, 2006) Central Law Agency, Allahabad.Google Scholar ↗
- Sharma Kanahaiyalal, Reconstitution of the Constitution of India (2002), Deep and Deep Publications Pvt. Ltd., New DelhiGoogle Scholar ↗
- Gurram Ramchandra Rao, “Judicial Review in India”, “Http://Vlex.In/Vid/Judicial-Review-India-29344398”, September 23, 2010 11.Google Scholar ↗
- Research Article- Jindal Sunny (2011), Supreme Court of India and judicial Review, Nalsar University of Law, Hyderabad. 34 12.Google Scholar ↗
- Research Article- Reddy M Sundara Rami,Google Scholar ↗