The concept of judicial activism gained popularity in India in _______...
Judicial activism got its popularity through public interest litigation. It is around 1980s. It basically signifies the judgement can be made through traditional or moral thinking and understanding. Hence, C is the correct option.
The concept of judicial activism gained popularity in India in _______...
Judicial Activism in India
Introduction
Judicial activism refers to the judiciary's proactive role in interpreting and applying the law to address societal issues and promote social justice. In India, the concept of judicial activism gained popularity in the 1980s due to various reasons.
1. Background
Before discussing the rise of judicial activism in India, it's essential to understand the background against which it emerged. India's judiciary is unique as it has the power of judicial review, enabling it to strike down laws and government actions that are unconstitutional. The Constitution of India provides an independent and powerful judiciary to uphold the principles of justice and equality.
2. Emergence of Public Interest Litigation (PIL)
One of the key factors that led to the popularity of judicial activism in India was the introduction of Public Interest Litigation (PIL). PIL allowed any citizen to approach the court directly in the interest of the public or a disadvantaged group. This widened the scope of judicial intervention and enabled the judiciary to address pressing social issues.
3. Response to Failures of Executive and Legislative Branches
Another reason for the rise of judicial activism was the perceived failures and inaction of the executive and legislative branches of the government in addressing various social and political issues. The judiciary stepped in to fill this void and ensure that justice was delivered.
4. Protection of Fundamental Rights
The judiciary played a crucial role in protecting and expanding fundamental rights in India. Through its activist approach, the courts interpreted and expanded the scope of fundamental rights, ensuring their effective enforcement. This was particularly evident in cases related to the rights of marginalized communities, women, and children.
5. Environmental Concerns
The judiciary has been at the forefront of addressing environmental concerns in India. It has actively intervened to protect the environment, enforce environmental regulations, and hold polluters accountable. This proactive approach of the judiciary has significantly contributed to environmental conservation and sustainable development.
Conclusion
The concept of judicial activism gained popularity in India in the 1980s due to the emergence of PIL, the perceived failures of the executive and legislative branches, the protection of fundamental rights, and the judiciary's role in addressing environmental concerns. The activism of the judiciary has played a crucial role in promoting social justice, protecting individual rights, and ensuring accountability of the government.