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Test: Judicial Activism in India - Question 1

What is the primary concept behind judicial activism in the legal realm?

Detailed Solution for Test: Judicial Activism in India - Question 1
Judicial activism in the legal realm involves courts taking an active role in interpreting the law in response to societal changes. This approach emphasizes courts engaging with evolving societal conditions and values to provide a broader social interpretation of the law, rather than being passive entities. It can lead to decisions that go beyond existing legislation, aiming to address injustices when other branches of government fail to do so.
Test: Judicial Activism in India - Question 2

What distinguishes judicial activism from a strict legal interpretation in court decisions?

Detailed Solution for Test: Judicial Activism in India - Question 2
Judicial activism differs from strict legal interpretation by courts actively engaging in interpreting the law based on evolving societal conditions and values. This may involve considering broader social implications and addressing issues beyond the scope of existing legislation. While strict legal interpretation adheres closely to the letter of the law, judicial activism takes a more proactive stance in responding to societal changes and injustices.
Test: Judicial Activism in India - Question 3

What role do judges play in the context of judicial activism regarding injustices?

Detailed Solution for Test: Judicial Activism in India - Question 3
In the context of judicial activism, judges play a crucial role in correcting injustices, especially when other branches of government fail to address such issues adequately. By actively interpreting the law in response to societal changes and values, judges can step in to address concerns related to civil rights, individual liberties, political inequality, and public morality. This proactive role underscores the significance of judicial activism in promoting justice and fairness within society.
Test: Judicial Activism in India - Question 4
What characterized the early operational nature of India's Supreme Court during the 1950s?
Detailed Solution for Test: Judicial Activism in India - Question 4
India's Supreme Court functioned as a technocratic tribunal during the 1950s, focusing on interpreting the constitution and gradually expanding its authority through legal interpretations.
Test: Judicial Activism in India - Question 5
What distinguishes a positive activist court from a negative activist court in the context of Indian Judicial Activism?
Detailed Solution for Test: Judicial Activism in India - Question 5
In Indian Judicial Activism, a positive activist court aims to rebalance power dynamics to foster greater equity, while a negative activist court utilizes creative legal strategies to uphold existing power structures. This distinction is crucial in understanding the varying approaches taken by activist courts in shaping legal outcomes.
Test: Judicial Activism in India - Question 6
What was a significant factor contributing to the evolution of India's Supreme Court into an activist body?
Detailed Solution for Test: Judicial Activism in India - Question 6
The gradual evolution of India's Supreme Court into an activist body was primarily influenced by its interpretation of the constitution, which played a pivotal role in expanding the court's authority and impact over time.
Test: Judicial Activism in India - Question 7
What is a key role that the judiciary may play in a welfare state like ours?
Detailed Solution for Test: Judicial Activism in India - Question 7
In a welfare state, the judiciary's role extends beyond mere interpretation due to socio-economic factors. It may actively participate in lawmaking and ensure that statutes benefit the intended population while promoting social justice. This broader role reflects the judiciary's proactive stance in addressing societal needs and ensuring fairness in legal outcomes.
Test: Judicial Activism in India - Question 8
When might the judiciary compel the executive to fulfill its duties?
Detailed Solution for Test: Judicial Activism in India - Question 8
The judiciary may compel the executive to fulfill its duties when the executive branch fails to perform its responsibilities adequately. This action serves as a check and balance mechanism within the government structure, ensuring that all branches adhere to their designated roles and responsibilities for effective governance.
Test: Judicial Activism in India - Question 9
How does the concept of judicial activism relate to the balance of power within a legal system?
Detailed Solution for Test: Judicial Activism in India - Question 9
Judicial activism, particularly in a positive sense, aims to rebalance power dynamics within a legal system to foster greater equity. By actively interpreting laws and intervening in cases, activist courts can address systemic inequalities and promote justice, thus playing a crucial role in shaping societal norms and ensuring fairness in governance.
Test: Judicial Activism in India - Question 10
According to the Theory of Vacuum Filling, judicial activism occurs when:
Detailed Solution for Test: Judicial Activism in India - Question 10
The Theory of Vacuum Filling posits that judicial activism arises when a void is created due to inaction or incompetence within the legislative and executive branches of government. In such situations, the judiciary steps in to fill the vacuum left by the other branches. This theory suggests that judicial hyper-activism can be a response to the lack of action by other branches of government.
Test: Judicial Activism in India - Question 11
The Theory of Social Want suggests that judicial activism emerges from:
Detailed Solution for Test: Judicial Activism in India - Question 11
According to the Theory of Social Want, judicial activism stems from the inadequacy of existing laws to effectively address societal issues. When laws prove insufficient in providing solutions, the judiciary may creatively interpret them to serve the greater good. This theory highlights the belief that judicial activism plays a vital role in societal transformation and in bridging gaps in legislation.
Test: Judicial Activism in India - Question 12
What is one of the primary roles of an impartial judiciary in a democratic society?
Detailed Solution for Test: Judicial Activism in India - Question 12
An impartial judiciary plays a crucial role in protecting human rights within a democratic society. By ensuring fair and just treatment for all individuals, regardless of their background or status, the judiciary upholds the principles of justice and equity. This function is essential for safeguarding the rights and liberties of citizens and maintaining the integrity of the legal system.
Test: Judicial Activism in India - Question 13
What historical trend describes the evolution of judicial activism in the context of the judiciary's involvement in social issues?
Detailed Solution for Test: Judicial Activism in India - Question 13
Over time, there has been a noticeable shift from initial judicial passivity towards increased activism within the judiciary. This transformation reflects a proactive approach taken by the courts in addressing pressing social issues and advocating for justice in various spheres. Landmark cases and interventions have marked this transition, highlighting the judiciary's role in promoting social change and ensuring accountability.
Test: Judicial Activism in India - Question 14
What is a significant outcome of judicial interventions in addressing societal issues?
Detailed Solution for Test: Judicial Activism in India - Question 14
Judicial interventions have notably contributed to the protection of human rights within society. By engaging in cases related to human rights violations, the judiciary plays a critical role in upholding fundamental freedoms and ensuring that individuals are treated fairly and equitably under the law. These interventions serve to safeguard the rights of vulnerable populations and promote a more just and inclusive society.
Test: Judicial Activism in India - Question 15
What is the significance of the right to privacy as recognized under Article 21 of the Indian Constitution?
Detailed Solution for Test: Judicial Activism in India - Question 15
The right to privacy recognized under Article 21 of the Indian Constitution focuses on safeguarding personal privacy from psychological restraints rather than physical constraints. This right plays a crucial role in protecting individuals from infringements on their personal lives and can have positive implications, especially in areas such as safeguarding the privacy of personal issues like menstruation and pregnancy, particularly benefiting women.
Test: Judicial Activism in India - Question 16
In the case of Aruna Ramchandra Shanbaug v. Union of India and Others, what was the central issue that the Supreme Court addressed?
Detailed Solution for Test: Judicial Activism in India - Question 16
In the case of Aruna Ramchandra Shanbaug v. Union of India and Others, the Supreme Court addressed the issue of passive euthanasia. Passive euthanasia involves the withdrawal of life support or the withholding of treatment that is necessary for the continuance of life. This case brought attention to the complex ethical and legal considerations surrounding end-of-life decisions, particularly for individuals in a vegetative state.
Test: Judicial Activism in India - Question 17
How long had Aruna Shanbaug been in a vegetative state prior to the Supreme Court case?
Detailed Solution for Test: Judicial Activism in India - Question 17
Aruna Shanbaug had been in a vegetative state for 37 years following a sexual assault before becoming the focal point of the case. This prolonged period of incapacitation raised significant questions about the quality of life, dignity, and rights of individuals in such conditions, leading to a landmark legal decision on passive euthanasia.
Test: Judicial Activism in India - Question 18
According to the Court's judgment in the case, under what condition could life support be withdrawn from individuals in a permanently vegetative state?
Detailed Solution for Test: Judicial Activism in India - Question 18
The Court's judgment in the case of Aruna Ramchandra Shanbaug v. Union of India and Others stipulated that the withdrawal of life support from individuals in a permanently vegetative state could be carried out subject to approval from the High Court. This legal requirement aimed to ensure a careful and considered approach to such sensitive medical and ethical decisions.
Test: Judicial Activism in India - Question 19
What was the key outcome of the case Hussainara Khatoon v. State of Bihar?
Detailed Solution for Test: Judicial Activism in India - Question 19
The case Hussainara Khatoon v. State of Bihar emphasized the dire conditions of prisoners awaiting trial and led to the Supreme Court highlighting the importance of timely justice and providing free legal aid to underprivileged inmates. This case underscored the significance of ensuring the right to a speedy trial for individuals who were languishing in incarceration without being formally charged.
Test: Judicial Activism in India - Question 20
In Sunil Batra v. Delhi Administration, what was a significant aspect of the court's intervention?
Detailed Solution for Test: Judicial Activism in India - Question 20
Sunil Batra v. Delhi Administration showcased the court's intervention based on a prisoner's letter alleging abuse by prison authorities. Despite criticisms of overreach, the court emphasized the importance of upholding individual rights and protecting civil liberties. This case highlighted the judiciary's role in safeguarding fundamental rights and ensuring the protection of individuals from abuse or mistreatment.
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