the flaws of research

the flaws of research

IOSR Journal Of Humanities And Social Science (IOSR-JHSS)
Volume 19, Issue 2, Ver. IV (Feb. 2014), PP 20-25
e-ISSN: 2279-0837, p-ISSN: 2279-0845.

“The  Role  of  Judicial  Activism  in  the  Implementation  and  
Promotion of Constitutional Laws and Influence of Judicial
Vipin Kumar (NET, M.Phil.),
Research Scholar, Shri Venkateshwara University, Rajabpur, Gajraula (UP) Address- near K.G.K (P G)
College Dev Vihar Colony, Line Par, Moradabad, Mob- 945806777, 8194005705

Abstract: Judicial activism is today one of the most misused constitutional terms. India practices
constitutionaldemocracy with emphasis on constitutionalism. This comes with it to high rates of political
activities with misuse of political powers granted in the Constitution by the political actors. Naturally, the court
is called upon to wear its active posture and interpret theConstitution as it affects the political class. However,
each  decision  of  the  courts  interpreting  the  constitution  against  the  political  class  is  met  with  cries  of  “judicial  
activism”   from   one   side   of   the   political   spectrum   or   the   other.   The   other   cry   seems   to   be   that   the   courts   are  
encroaching into the domain of the political class thereby violating the doctrine of political questions which is
essentially a function of separation of powers. The paper sees these terms as being misused and makes an
analytical exposition of the term and judicial intervention into political questions in India. It contends that
courts should ensure the limits of governmental action under the principles of a constitutional democracy, even
in the delicate field of internal affairs of governmental institutions. For this purpose, various constitutional
provisions and judicial decisions are examined.
Key Words: Judicial activism, constitutional democracy , separation of powers, constitutional provisions ,



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