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Audio Notes: Judicial Review, Activism & PIL
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FAQs on Audio Notes: Judicial Review, Activism & PIL
| 1. What is judicial review in the context of the Indian legal system? |  |
Ans. Judicial review is the power of the judiciary to examine the constitutionality of legislative and executive actions. It ensures that laws enacted by the legislature and actions taken by the executive comply with the Constitution of India. This mechanism acts as a check and balance on the powers of the other branches of government, safeguarding fundamental rights and maintaining the rule of law.
| 2. How does judicial activism differ from judicial restraint? | |
Ans. Judicial activism refers to the proactive role of the judiciary in interpreting laws and the Constitution to promote justice and protect rights, often leading to the expansion of individual rights and liberties. In contrast, judicial restraint advocates for a limited role of the judiciary, emphasising respect for the decisions made by the legislature and executive, intervening only when there is a clear violation of the Constitution. The balance between the two is crucial for the functioning of a healthy democracy.
| 3. What is a Public Interest Litigation (PIL) and its significance? | |
Ans. Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to file petitions in the interest of the public or a particular community, seeking judicial intervention in matters affecting public welfare. PILs have played a significant role in addressing social injustices and environmental issues, enabling the judiciary to take a proactive stance in upholding the rights of the underprivileged and ensuring accountability of the state.
| 4. Can you provide examples of the impact of judicial activism in India? | |
Ans. Judicial activism in India has led to several landmark judgments, such as the decriminalisation of consensual same-sex relations, the recognition of the right to privacy as a fundamental right, and the establishment of the right to education. These cases demonstrate the judiciary's role in expanding human rights and addressing socio-economic issues, often stepping in where the legislature has failed to act.
| 5. What challenges does judicial review face in India? | |
Ans. Challenges to judicial review in India include the potential for overreach by the judiciary, which may lead to conflicts with the legislative and executive branches. Additionally, there are concerns about the backlog of cases in courts, which can hinder timely justice. There is also the issue of public perception regarding the impartiality of the judiciary, especially in politically sensitive cases, which can undermine the effectiveness of judicial review.
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Apr 14, 2026 Last updated
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