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The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustain fundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.
Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Author's reasoning and considering the apex court statement regarding PIL, will the author become concerned?
  • a)
    Statement is conducive to the author's reasoning as the idea of Judicial Activism is opposed by the author.
  • b)
    Statement of the Apex Court is against the Author's central message of judiciary's proactive role in view of executive laxity.
  • c)
    A pex Court's statement will undermine the confidence and the trust of innocent and genuine litigants.
  • d)
    Author will welcome the statement considering Author's inclination towards legislature and executive.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
The weakness of the political process provides a propitious ground for...
Rationale: The question asks you to apply the idea of the passage to a given situation. You will have to assimilate the inference and look at the facts of the case and evaluate the answer choices. Correct Answer is (d) Z cannot get the child back as X and Y are the child's legal parents now. In the last paragraph, it is mentioned that the couple become the surrogate child's parents and the surrogate mother loses all rights (.On the other hand, after being born, the child is considered to be the biological child of the intending couple and the surrogate mother losses all rights to the child).
Incorrect Answers None of the other options sets out views that are consistent with those of the author in the passage above. 
Option (a) is therefore, incorrect. 
Option (b) is incorrect as nowhere in the passage such a condition is mentioned.
Option (c) is incorrect on the same reasoning.
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The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive.But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary.At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustain fundamental values on the other.But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy.This is the most plausible defence of an assertive judiciary.Q. Public Interest Litigation (PIL) is a judicial innovation.Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Author's reasoning and considering the apex court statement regarding PIL, will the author become concerned?

The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PILs) was conceived and created as a judicial tool by the courts in this country for helping the poor, weaker and oppressed sections of society, truth is that PILs are being entertained by many courts as a routine and the dockets of most of the superior courts are flooded with PILs, most of which are frivolous or for which the judiciary has no remedy. If this is true, then, based on the authors reasoning in the passage above

The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive.But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary.At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustain fundamental values on the other.But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy.This is the most plausible defence of an assertive judiciary.Q. Public Interest Litigation (PILs) was conceived and created as a judicial tool by the courts in this country for helping the poor, weaker and oppressed sections of society, truth is that PILs are being entertained by many courts as a routine and the dockets of most of the superior courts are flooded with PILs, most of which are frivolous or for which the judiciary has no remedy. If this is true, then, based on the author's reasoning in the passage above

The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive.But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary.At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustain fundamental values on the other.But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy.This is the most plausible defence of an assertive judiciary.Q. Recently various matters came to light such as grievances relating to civil matters involving properties worth hundreds of millions of rupees, criminal cases in which persons sentenced to death facing gallows, persons are sentenced to life imprisonment and kept in incarceration for long years and detenus expecting their release from the detention orders. However these matters has witness Government's apathy. If this is true, then, based on the author's reasoning in the passage above

The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Recently various matters came to light such as grievances relating to civil matters involving properties worth hundreds of millions of rupees, criminal cases in which persons sentenced to death facing gallows, persons are sentenced to life imprisonment and kept in incarceration for long years and detenus expecting their release from the detention orders. However these matters has witness Governments apathy. If this is true, then, based on the authors reasoning in the passage above

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The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer?
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The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer?.
Solutions for The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The weakness of the political process provides a propitious ground for judicial activism. In many instances the executive has almost invited the judiciary in; in many states, governments routinely seek judicial dispensation to give them political cover for unpopular decisions they might have to make. Judicial activism can mean many things: scrutiny of legislation to determine constitutionality, the creation of law, and the exercise of policy prerogatives normally reserved for the executive. But whatever its form, judicial activism raises two questions. Is it legitimate? Is it effective? The democrat in all of us is rightly suspicious of a few old (mostly) men assuming such broad powers over our destiny without much accountability. We may ruminate that we can throw the politicians out once in a while, but judges are shielded from accountability. On the other hand, our impatience with a debilitating political process whose usual results are inaction makes us thankful for an assertive judiciary. At least the judiciary can protect our rights, clean our air, call politicians to account and so forth. And it must be an unenviable task for judges to steer a middle course between usurping too much power on the one hand, and doing too little to sustainfundamental values on the other. But the prickly question remains: what justifies judicial activism? One possible answer is that judicial activism is justified to the extent that it helps preserve democratic institutions and values. After all, transient majorities in Parliament can barter away our democratic rights; representative institutions are too often burdened with the imperatives of money, power or inertia, that to call their decisions democratic and in the public interest is often something of a joke. If judges use their power to restore integrity to the democratic process, to make our rights, including social and economic ones more meaningful, if they advance the public interest, an assertive judiciary can be an instrument of democracy. This is the most plausible defence of an assertive judiciary.Public Interest Litigation (PIL) is a judicial innovation. Recently, Apex Court recently remarked that "The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PIL". Based on the Authors reasoning and considering the apex court statement regarding PIL, will the author become concerned?a)Statement is conducive to the authors reasoning as the idea of Judicial Activism is opposed by the author.b)Statement of the Apex Court is against the Authors central message of judiciarys proactive role in view of executive laxity.c)A pex Courts statement will undermine the confidence and the trust of innocent and genuine litigants.d)Author will welcome the statement considering Authors inclination towards legislature and executive.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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