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Judicial Activism in India: Evolution and Impact

The document summarizes the evolution of judicial activism in India's Supreme Court. It discusses how the court initially surrendered powers to the executive during the Emergency period from 1975-1977, but then expanded activist interpretations of constitutional rights after the Emergency ended. It analyzes key cases that expanded rights protections and the links between fundamental rights and directive principles. However, it also notes criticism that expanded judicial activism can substitute the court's judgment for that of elected representatives and have economic and distributional impacts without social cost-benefit analysis. In conclusion, it questions whether extensive judicial activism poses a threat to democracy by replacing the electorate as the ultimate stakeholders.

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280 views10 pages

Judicial Activism in India: Evolution and Impact

The document summarizes the evolution of judicial activism in India's Supreme Court. It discusses how the court initially surrendered powers to the executive during the Emergency period from 1975-1977, but then expanded activist interpretations of constitutional rights after the Emergency ended. It analyzes key cases that expanded rights protections and the links between fundamental rights and directive principles. However, it also notes criticism that expanded judicial activism can substitute the court's judgment for that of elected representatives and have economic and distributional impacts without social cost-benefit analysis. In conclusion, it questions whether extensive judicial activism poses a threat to democracy by replacing the electorate as the ultimate stakeholders.

Uploaded by

jooner45
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Evolution of Judicial Activism :

The Supreme Court of India


T. N. Srinivasan
Indira Gandhi Institute of Development Research
December 1, 2012

Introduction
Origins Apacara of Judicial Surrender to
the Executive during Emergency
Expansive Process of Activism:
Prayaschitta since Emergency
Economic and Legal Issues arising from
Judicial Activisim
Conclusions

Introduction
Connotations of Judicial Activism Justice
Balakrishna
Activism v/s Restraint
Activism as overstepping by the Judiciary into
domains of Executive and Legislatures
Separation of Powers in the Constitution .

Judicial Activism Run-up to Emergency


Sparse mention of Activism
-- Justice Krishna Iyers use in 1974
Activism viewed as struggle over supremacy or power between
Judiciary and other branches of Government.
Manifestation of struggle: Judicial Review and Parliaments Power to
amed the Constitution.
Pre-Kesavananda Bharati
Supersession of three senior judges
Appointment of A. N. Ray as Chief Justice

Declaration of Emergency : July 25, 1975


Origins in Raj Narains 1971 Election Petition against Indira Gandhi
and the movement of J. P. Narayan.
Dark Days of Emergency : Apacaras on the Constituion
39th and 42nd Amendments
Suspension of Fundamental Rights of Part III
Abject Judicial Surrender to the Executive in ADM Jabalpur v/s Shiv
Kanti Shukla in 1976
People vote out Mrs. Gandhi : End of Emergency, 1977

Prayaschittas of the Constitution


Justic Bhagwati on his role in both
Apacaras and Prayaschitta
Public Interest Litigation
Expansive Reading of Articles 14 and 21
beyond their Core Right to Liberty in a
Physical sense.

Prayaschittas of the Constitution


The steep slope from Gopalan v/s. State of
Tamil Nadu in 1950 to Chameli Singh v/s. State
of U.P. in 1996
Arbitrariness concept in Royappa v/s. State of
Tamil Nadu
Maneka Gandhi v/s. Union of India 1978
Shetty v/s. IAAI, 1978

Prayaschittas of the Constitution


Linking of Part III and Part IV
Justic Katju on the expansive reading of
Article 21
Interpretation of Constitution : original
intent

Economic Spill-Overs of Judicial Decisions


Who pays the bill?
Social Cost Benefit Analysis and its Absence in
Judicial Decision Making
Economic Logic of Separation of Part III and IV
Examples of Distributionalyl Regressive and
Socially costly decisions

Conclusion
Judicial Activisim in aRepresentative Democracy
Substitute for failure of other branches of
Government and contribution to Good
Governance?
Grave Threat to the Core of Democracy by
Substituting for failures of the Electorate, the
Ultimate Stake Holders of a Democracy?

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