Public Administration Mains 2017 : Model Question and Answer - 19
Public Administration Mains 2017 : Model Question and Answer
(Public Administration Paper II / Chapter: Union Government and Administration)
(Current Based) Question : Judicial activism in India acquired importance due to public interest litigation. Comment (25 Marks/300 Words)
Model Answer :
Judicial Activism is the actions of the judiciary beyond its Constitutional power and function of judicial review, to address the inaction of the Legislature or Executive, the abuse or misuse of the provisions of the Constitution or a violation of human rights. In India, the opening up of access to courts to the poor, indigent and disadvantaged sections of the nation through Public Interest Litigation(PIL) is unexceptionable judicial activism. Public Interest Litigation is the power given to the public by courts through judicial activism.
In the years following the emergency where the fundamental rights of people were infringed upon the Judiciary decided to play an active role in protecting the rights of the citizens. To uphold the principles of the Constitution in providing justice to the disadvantaged section, the court has adopted practices of participatory justice. An expansion of the Locus Standi definition of the Supreme Court allows petitions to be filed by aggrieved individuals, people representing a public interest or social groups to adjudicate their grievance through an inexpensive and accessible means of Public Interest Litigation.
There are several instances where judiciary has adopted an active approach to deal with issues of public importance through PILs. In Prakash Singh Vs UoI case, SC issued seven steps strategy to change the structure and behaviour of police functioning. In TSR Subramaniam and Others case (2013), SC directed the Centre and States Governments to constitute a Civil Service Board to regulate transfers and postings of civil servants.
In order to ensure the efficacy of PIL the Supreme Court has issued guidelines to address writs by parties that are from disadvantaged sections whose issues are not being addressed by the representative legislature and executive instead of looking into all PIL’s that inundate the office of the Supreme Court. (Total Words- 295)
(Linkages : Judicial Activism and PIL, Judicial Activism and Fundamental Rights, Judicial Activism and Participatory Justice, Judicial Activism and Disadvantageous group)