Implications of Judicial Activism on Indian Judiciary
Our Indian constitution specifically provides the courts, the power of judicial review. The courts apply judicial review in matters where prescribed and feels necessary. However, there may also be a situation where no such prescription is evident but the courts still exercise this power. This concept is known as Judicial Activism.
Considered as a bi-product of judicial review, judicial activism finds itself in direct conflict to the principle of separation of powers, a democratic constitutional concept on which the framers of our constitution heavily emphasised. But how is it acceptable? How does it affect the existing democratic structure of the country?
The book explores the depth of Judicial Activism by tracing it roots to its origin and revisiting the observations and interpretations by the founding jurists who are responsible to develop the concept in the form and manner we study it
today. How Judicial Activism developed in India throughout different chapters of political history, and what is its future from here, forms the core of this book.
IMPLICATIONS OF JUDICIAL ACTIVISM ON INDIAN JUDICIARY- AN ANALYSIS is an attempt to analyse the global understanding and imbalance that exists across different democratic sovereigns and closely analyse the points where experts and legal commentators exclaim “How far will the Courts possibly go with this?”
To read about the author Dr. Govind Kumar Saxena