2. CHAPTER-1
INTRODUCTION
• 1.1 INTRODUCTION:
The concept of judicial activism which is another name for
innovative interpretation was not of the recent past: & was
coined in 1804 when Chief Justice Marshall , decided Marburg
V. Madison.
There is no precise definition of “Judicial Activism” but it is
widely accepted notion that it is related with the problems &
processes of political developments of the Country as to Prof.
Upendra Bali.
“Judicial Activism is that way of exercising judicial power
which seeks fundamental re-codification of power relations
among the culminant institutions of State manned by
Members of the ruling classes.
3. • 1.2 Resarch Methodology
The methodology opted for the project has been theoretical &
doctrinal throughout the resarch the matter for the project
has been collected from different sources such as
books, magazines, journals &internet etc.
• 1.3 Resarch Objectives :
The purpose of the resarch are the following :
1. To study the meaningof judicial activism.
2. To study the role of Judges in Judicial activism.
3. To study the impact of judicial activism on modern Indian
Society.
4. To study the role of NGO’s in Judicial Activism.
4. CHAPTER-2
Judicial Activism : Meaning & Scope .
Judicial Activism refers to the interference of the judiciary in
the legislative & executive fields. It mailnly occurs due to the
non-activity of the other argans of the government.
Judicial activism is a way through which relief is provided he
the disadvantaged & aggrieved citizens.
Today judicial activism is not confined only to the
infringement of fundamental rights of the citizens as are
expressly enshrined in part-III of the constitution, but
widened its scope by making a very huge interpretation of the
soul of the constitution “Act-21” ensuring healthy
environment for a human being to be nurlured.
5. CHAPTER-3
Public Interest Litigation : An
Innovative step towards
Judicial Activism
Judicial Activism was made possible in India, thanks to PIL
(Public Interest Litigation).
Justices P. N. Bhagwati & V.R. Krishna Ayur have played a pay
role in promoting the avenue of approaching the apex court
of the country, seeking legal remedies in areas where public
interests tare at state.
Initially there was a rule of “Locus standi” which means the
right to be heared. The legal Coltrane :Jus ferity” applying
that no one except the affected person can approach a court
for a
6. legal remedy was holding the field both in respect of private &
public law adjudications until it was overthrown by the PIL
wave.
After the constitution (Twenty Fifth Amendment
Act, 1971), primary was given to Directive Principals of State
Policy by making them enforceable. The courts to improve
administration by taking up PIL cases, for ensuring compliance
constitutional provisions has also increased.
7. CHAPTER-4
Role of NGO’s in Judicial Activism
Non Governmental Organization play a pivotal role ensuring &
extending a helping hand to the indigent persons or to the
deprived persons who are at the lowest strata in the society by
approaching court on behalf of these persons through PIL &
Fitch justice them.
Variety of roles play by NGO’s are:
i. The social welfare role : where relief &charity are pay actions.
NGO’s in this role can be seen as initiating programs &
projects.
8. ii. The mediatory role ; where communication as a skill is
important for development & social action NGO’s in this role
can be seen as participating or taking up external programs &
projects.
iii. Advocacy for & with the poor : In some cases, NGO’s become
spokes persons or ombudsman for the poor & attempt to
influence government policies & programs on their behalf. This
may be done through a variety of means ranging from
demonstration & pilot projects to participation in public
forums & the formulation of government policy & plans, to
publicizing research results & case studies of the poor.
Thus, NGO play roles from advocates for the poor to
implementers of government programs: from agitators &
critical to partners & advisors, from sponsors of pilot projects
to mediators.
9. Organizations like Saheli, Chetna Vishakha & grp.are actively
involved in the protection of women’s Rights. They provide
free legal aid to women to fight for their rights against gender
bias & discrimination.
10. CHAPTER-5
Conclusion & Suggestions !
i. Though NGO’s play a philanthropic role & works for the welfare of
the poor people & in the interests of the society but, as a matter
of fact, today most NGO’s are becoming or converting into profit
making establishment which enhance their bank balance by the
aid or donations from the national &international sources under
the guise of non-profit organization, hence it is suggested that
these NGO’s which brings disrespect to this organization should
be vigilance & where the money collected has been admonish
freed through appropriate machinery.
ii. NGO’s is a necessary organization in a democratic, setup where
all the citizens adorned with equal rights, it gives or speaks on
behalf of the people who do not raise voice for themselves, in
order to function this organization freely & appropriately, it is
11. advice that people who have enough sources must extend their
helping hands for these done trodden to bring them in the
mainstream. Thus , other people as well must realize their
responsibility as being good citizen of the country.
iii. NGO’s does philanthropic work such as imparting
education, constructing toilets & other buildings hence, works for the
buildings hence, works for the development, but many businessmen
open NGO’s are tax-free organizations or institutions thus, it is advice
that these NGO’s must be made to maintain a register of their arrest &
liabilities & the sources of their income, & an appropriate authority
should be appointed to took into these affairs & NGO,s should not be
relieved from the ambit of taxation, in order to curb the corrupt
practices being held under the guise of non profit making institutions
