Judicial review allows the judiciary to review the constitutionality of legislative and executive actions. It is considered a basic structure of the independent judiciary in India. Judicial review can be of three types: legislative actions, judicial decisions, and administrative actions. The judiciary acts as a custodian of fundamental rights and ensures that the balance of power is maintained between different branches of government. While judicial review determines if a law is aligned with the constitution, judicial activism involves judges allowing personal views to influence decisions more than constitutional principles.
The Supreme Court of India (Hindi: भारत का सर्वोच्च न्यायालय) is the highest judicial forum and final court of appeal of India established under Constitution of India, as per which Supreme Court is the highest constitutional court and acts as the guardian of Constitution. India follow the integrated and yet independent judiciary.
Since independence, judiciary has been playing a very active role in dispensing the justice since A K Gopalan vs State of Madras case(1950) followed by Shankari Prasad case, etc. However, judiciary remained submissive till 1960s but its assertiveness started in 1973 when Allahabad High Court rejected the candidature of Indira Gandhi and introduction of PIL by Justice P N Bhagwati further expanded its scope. Subodh Markandeya well known Senior Advocate of Supreme court of India is famous Judicial activist ,who is famous for his notable Public Interest Litigation cases.
The Supreme Court of India (Hindi: भारत का सर्वोच्च न्यायालय) is the highest judicial forum and final court of appeal of India established under Constitution of India, as per which Supreme Court is the highest constitutional court and acts as the guardian of Constitution. India follow the integrated and yet independent judiciary.
Since independence, judiciary has been playing a very active role in dispensing the justice since A K Gopalan vs State of Madras case(1950) followed by Shankari Prasad case, etc. However, judiciary remained submissive till 1960s but its assertiveness started in 1973 when Allahabad High Court rejected the candidature of Indira Gandhi and introduction of PIL by Justice P N Bhagwati further expanded its scope. Subodh Markandeya well known Senior Advocate of Supreme court of India is famous Judicial activist ,who is famous for his notable Public Interest Litigation cases.
Judicial activism in India ( Brief Notes )sandhyakrish2
Judicial activism is the judicial philosophy that the courts can and should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
PPT on ' The Indian judiciary'. You have to show/include the following in it.
1. Two main features of our judicial system.
2. Composition of the Supreme Court and High Court
3. Name of current Chief Justice of India.
3. Jurisdiction of the High Court and the Supreme Court
4. Subordinate Court
5. Access to courts
6. PIL
PIL is one of utmost important area of Legal field. Today i prepared the short note on this. It will be helpful for all law students, and all other aspirant who are preparing for other governmental exams. In most of the government exam there is question relating to the this topic.
Introduction objective nature and scope to Administrative Lawlegalpuja22
Introduction to Administrative Law
Administrative Law:
The Backbone of Governance
Understanding the Regulatory Framework:
Administrative law governs the actions of administrative agencies.
It ensures proper functioning and accountability within the government.
Key Role in Modern Governance:
Balances the exercise of governmental powers with citizens' rights.
Essential for maintaining the rule of law and ensuring fairness in administrative actions.
Definition by Jurists
Jennings defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.”
Austin defined administrative Law as the ‘law which determines the ends and modes to which the sovereign power shall be exercised.’
K.C. Davis defined Administrative law as “the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.”
Nature and Scope
Regulatory in Nature:
Governs the exercise of governmental powers.
Concerned with Administrative Agencies:
Focuses on the functioning of administrative bodies.
Substantial Reach:
Affects various aspects of public life, from licenses to environmental regulations.
Objectives of Administrative Law
Ensuring Fairness:
Protecting citizens from arbitrary decisions by administrative bodies.
Upholding Accountability:
Holding administrators responsible for their actions.
Safeguarding Rule of Law:
Ensuring that governmental actions are within legal bounds.
Need for Growth of Administrative Law
Ensuring Accountability:
As the scope and complexity of government activities expand, administrative law plays a crucial role in holding administrative agencies accountable for their actions.
It provides mechanisms for oversight, transparency, and redressal, preventing abuse of power and ensuring public trust in governmental institutions.
Safeguarding Individual Rights:
With the increasing involvement of administrative agencies in citizens' lives, there's a growing need to protect individual rights from arbitrary or unfair administrative decisions.
Administrative law establishes procedural safeguards, ensures due process, and provides avenues for recourse against administrative abuses, safeguarding individual liberties.
Adapting to Changing Socioeconomic Realities:
Rapid socioeconomic changes demand flexible and responsive governance mechanisms.
Administrative law evolves to address emerging issues such as technological advancements, environmental concerns, and global challenges, ensuring that governmental actions remain relevant and effective in addressing contemporary challenges.
Promoting Efficiency and Effectiveness:
Administrative law seeks to enhance the efficiency and effectiveness of governmental operations.
By establishing clear rules and procedures, administrative law minimizes bureaucratic inefficiencies, streamlines decision-making processes, and promotes better service
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
Judicial Review with a reference of Judicial Activism. Sanjana Bharadwaj
This PPT will give you a breif idea on what is Judicial Review, how did it origionate in India with a reference of Judicial Activism and PIL along with examples and case laws.
Judicial activism in India ( Brief Notes )sandhyakrish2
Judicial activism is the judicial philosophy that the courts can and should go beyond the words of the constitution or a statute to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
PPT on ' The Indian judiciary'. You have to show/include the following in it.
1. Two main features of our judicial system.
2. Composition of the Supreme Court and High Court
3. Name of current Chief Justice of India.
3. Jurisdiction of the High Court and the Supreme Court
4. Subordinate Court
5. Access to courts
6. PIL
PIL is one of utmost important area of Legal field. Today i prepared the short note on this. It will be helpful for all law students, and all other aspirant who are preparing for other governmental exams. In most of the government exam there is question relating to the this topic.
Introduction objective nature and scope to Administrative Lawlegalpuja22
Introduction to Administrative Law
Administrative Law:
The Backbone of Governance
Understanding the Regulatory Framework:
Administrative law governs the actions of administrative agencies.
It ensures proper functioning and accountability within the government.
Key Role in Modern Governance:
Balances the exercise of governmental powers with citizens' rights.
Essential for maintaining the rule of law and ensuring fairness in administrative actions.
Definition by Jurists
Jennings defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.”
Austin defined administrative Law as the ‘law which determines the ends and modes to which the sovereign power shall be exercised.’
K.C. Davis defined Administrative law as “the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.”
Nature and Scope
Regulatory in Nature:
Governs the exercise of governmental powers.
Concerned with Administrative Agencies:
Focuses on the functioning of administrative bodies.
Substantial Reach:
Affects various aspects of public life, from licenses to environmental regulations.
Objectives of Administrative Law
Ensuring Fairness:
Protecting citizens from arbitrary decisions by administrative bodies.
Upholding Accountability:
Holding administrators responsible for their actions.
Safeguarding Rule of Law:
Ensuring that governmental actions are within legal bounds.
Need for Growth of Administrative Law
Ensuring Accountability:
As the scope and complexity of government activities expand, administrative law plays a crucial role in holding administrative agencies accountable for their actions.
It provides mechanisms for oversight, transparency, and redressal, preventing abuse of power and ensuring public trust in governmental institutions.
Safeguarding Individual Rights:
With the increasing involvement of administrative agencies in citizens' lives, there's a growing need to protect individual rights from arbitrary or unfair administrative decisions.
Administrative law establishes procedural safeguards, ensures due process, and provides avenues for recourse against administrative abuses, safeguarding individual liberties.
Adapting to Changing Socioeconomic Realities:
Rapid socioeconomic changes demand flexible and responsive governance mechanisms.
Administrative law evolves to address emerging issues such as technological advancements, environmental concerns, and global challenges, ensuring that governmental actions remain relevant and effective in addressing contemporary challenges.
Promoting Efficiency and Effectiveness:
Administrative law seeks to enhance the efficiency and effectiveness of governmental operations.
By establishing clear rules and procedures, administrative law minimizes bureaucratic inefficiencies, streamlines decision-making processes, and promotes better service
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
Judicial Review with a reference of Judicial Activism. Sanjana Bharadwaj
This PPT will give you a breif idea on what is Judicial Review, how did it origionate in India with a reference of Judicial Activism and PIL along with examples and case laws.
The Power of Judicial Review in the Indian Constitution.pdflegalpuja22
Introduction:-
Definition:
Judicial review refers to the power of the judiciary to review and invalidate laws or actions of the executive and legislative branches if they are found to be unconstitutional.
Origin:
Borrowed from the United States Constitution, Indian judicial review is enshrined in Article 13 and 32 of the Indian Constitution.
Origin and Evolution:-
Origin:
The concept of judicial review traces back to the Marbury v. Madison case in the United States in 1803.
Evolution in India:
The power of judicial review in India was established through the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
Constitutional Provisions:-
Article 13:
Laws inconsistent with or in derogation of the fundamental rights shall be void.
Article 32:
Remedies for enforcement of rights conferred by this Part (Part III of the Constitution).
Article 226:
Power of High Courts to issue certain writs.
Landmark Cases:-
Kesavananda Bharati v. State of Kerala (1973):
Established the doctrine of basic structure, limiting the amending power of the Parliament.
Maneka Gandhi v. Union of India (1978):
Expanded the scope of Article 21 (right to life and personal liberty) to include procedural fairness.
S.R. Bommai v. Union of India (1994):
Affirmed the supremacy of the Constitution and the power of judicial review over President's Rule.
Advantages of Judicial Review:-
Protection of fundamental rights:
Ensures that fundamental rights are not infringed upon by legislative or executive actions.
Checks and balances:
Acts as a check on the powers of the legislature and executive, preventing abuse of power.
Interpretation of the Constitution:
Judiciary's role in interpreting the Constitution ensures its relevance and adaptability to changing times.
Disadvantages of Judicial Review:-
Judicial activism vs. judicial restraint:
Sometimes, judicial overreach can lead to a perception of activism beyond the judiciary's mandate.
Delay in justice:
Lengthy judicial processes can delay justice, affecting the efficiency of governance.
Interference with legislative intent:
Judicial review may interfere with the policy decisions of the elected representatives.
Criticisms and Controversies:-
Lack of accountability:
Judges are not elected and may not be directly accountable to the public.
Potential for inconsistency:
Different interpretations by different benches may lead to inconsistencies in jurisprudence.
Encroachment on other branches:
Critics argue that judicial review can encroach upon the powers of the legislature and executive.
Conclusion:-
The power of judicial review in the Indian Constitution serves as a cornerstone of democracy, ensuring the protection of fundamental rights and upholding the supremacy of the Constitution.
While it has its advantages in safeguarding rights and maintaining checks and balances, criticisms highlight the need for a balanced approach and accountability within the judiciary.
Judicial review is the power of the courts to determine the constitutionality
Of legislative acts in a case instituted by aggrieved person.
It is the power of the court to declare a legislative act on the grounds
of Unconstitutionality.
People and entities seek judicial review to obtain remedy from an agency decision if they feel they have been injured.
Judicial review is an example of separation of powers in a modern government system( where judiciary is one of the branches of government).
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
Violation of the doctrine of separation of powers and accountability of the j...Kajal Priya
The constitution regulates the structures and functions of the principle organs of the Government. It also regulates relationship between the institutions of the government by setting out balance of power among them. Separation of power is a means to balance the power among these three branches of government. The three branches are Legislative, Executive and Judiciary.
Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory.
The modern design of the doctrine of separation of powers is to be found in the constitutional theory of John Locke (1632-1704).He wrote in his second treaties of Civil Government as follows: “It may be too great a temptation for the humane frailty, apt to grasp at powers, for the same persons who have power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the law, both in its making and execution to their own private advantage” .
Any act done by Executive, Legislative or Judiciary cannot violate the Doctrine of separation of power because on each of these branches there are other two branches to check their acts and decisions given by them. Every branch has to give explanation about their each and every act and decision. Any wrong, unconstitutional or null and void decision taken by them can cause the impeachment order or arbitrary action against them.
This paper talks about the Doctrine of Separation of powers, Definition of Separation of Power, from where this doctrine has been adopted, violation of doctrine of separation of power, steps taken by government to control the violation of Doctrine of SOP . It also discuss the articles under which all the three branches of the government have their separate power. Role of all the three branches of government, relationship between Doctrine of SOP and Judicial Accountability. This paper will also discuss the relationship among all three branches of the Government and accountability of judiciary.
Key words: - Doctrine of SOP, Relationship between Branches of Government (Executive, legislative and Judiciary), Article 53, 245, 246 and other related, Check and balance theory, Accountability of Judiciary.
Admistratuve.pptx very good very nice yelynbylin98
of India, the precursor of the new Indian renaissance, became effective on January 26,
1950.54Before the advent of the Constitution, India was governed under the Government of India Act, 1935,
which became effective in 1937. India was then a part of the British Empire; sovereignty of the British Crown
prevailed over the country and it was in the exercise of this sovereignty that the British Parliament had
enacted the Act of 1935.
Only two major features of the Act need be mentioned here. First, the Act conferred only a very limited right
of self-government on the Indians. The executive authority in a Province was vested
What price will pi network be listed on exchangesDOT TECH
The rate at which pi will be listed is practically unknown. But due to speculations surrounding it the predicted rate is tends to be from 30$ — 50$.
So if you are interested in selling your pi network coins at a high rate tho. Or you can't wait till the mainnet launch in 2026. You can easily trade your pi coins with a merchant.
A merchant is someone who buys pi coins from miners and resell them to Investors looking forward to hold massive quantities till mainnet launch.
I will leave the telegram contact of my personal pi vendor to trade with.
@Pi_vendor_247
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...beulahfernandes8
Role in Financial System
NBFCs are critical in bridging the financial inclusion gap.
They provide specialized financial services that cater to segments often neglected by traditional banks.
Economic Impact
NBFCs contribute significantly to India's GDP.
They support sectors like micro, small, and medium enterprises (MSMEs), housing finance, and personal loans.
how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the contact information for my personal pi vendor.
Telegram: @Pi_vendor_247
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
Financial Assets: Debit vs Equity Securities.pptxWrito-Finance
financial assets represent claim for future benefit or cash. Financial assets are formed by establishing contracts between participants. These financial assets are used for collection of huge amounts of money for business purposes.
Two major Types: Debt Securities and Equity Securities.
Debt Securities are Also known as fixed-income securities or instruments. The type of assets is formed by establishing contracts between investor and issuer of the asset.
• The first type of Debit securities is BONDS. Bonds are issued by corporations and government (both local and national government).
• The second important type of Debit security is NOTES. Apart from similarities associated with notes and bonds, notes have shorter term maturity.
• The 3rd important type of Debit security is TRESURY BILLS. These securities have short-term ranging from three months, six months, and one year. Issuer of such securities are governments.
• Above discussed debit securities are mostly issued by governments and corporations. CERTIFICATE OF DEPOSITS CDs are issued by Banks and Financial Institutions. Risk factor associated with CDs gets reduced when issued by reputable institutions or Banks.
Following are the risk attached with debt securities: Credit risk, interest rate risk and currency risk
There are no fixed maturity dates in such securities, and asset’s value is determined by company’s performance. There are two major types of equity securities: common stock and preferred stock.
Common Stock: These are simple equity securities and bear no complexities which the preferred stock bears. Holders of such securities or instrument have the voting rights when it comes to select the company’s board of director or the business decisions to be made.
Preferred Stock: Preferred stocks are sometime referred to as hybrid securities, because it contains elements of both debit security and equity security. Preferred stock confers ownership rights to security holder that is why it is equity instrument
<a href="https://www.writofinance.com/equity-securities-features-types-risk/" >Equity securities </a> as a whole is used for capital funding for companies. Companies have multiple expenses to cover. Potential growth of company is required in competitive market. So, these securities are used for capital generation, and then uses it for company’s growth.
Concluding remarks
Both are employed in business. Businesses are often established through debit securities, then what is the need for equity securities. Companies have to cover multiple expenses and expansion of business. They can also use equity instruments for repayment of debits. So, there are multiple uses for securities. As an investor, you need tools for analysis. Investment decisions are made by carefully analyzing the market. For better analysis of the stock market, investors often employ financial analysis of companies.
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the Telegram username
@Pi_vendor_247
Even tho Pi network is not listed on any exchange yet.
Buying/Selling or investing in pi network coins is highly possible through the help of vendors. You can buy from vendors[ buy directly from the pi network miners and resell it]. I will leave the telegram contact of my personal vendor.
@Pi_vendor_247
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
Empowering the Unbanked: The Vital Role of NBFCs in Promoting Financial Inclu...Vighnesh Shashtri
In India, financial inclusion remains a critical challenge, with a significant portion of the population still unbanked. Non-Banking Financial Companies (NBFCs) have emerged as key players in bridging this gap by providing financial services to those often overlooked by traditional banking institutions. This article delves into how NBFCs are fostering financial inclusion and empowering the unbanked.
how to sell pi coins on Bitmart crypto exchangeDOT TECH
Yes. Pi network coins can be exchanged but not on bitmart exchange. Because pi network is still in the enclosed mainnet. The only way pioneers are able to trade pi coins is by reselling the pi coins to pi verified merchants.
A verified merchant is someone who buys pi network coins and resell it to exchanges looking forward to hold till mainnet launch.
I will leave the telegram contact of my personal pi merchant to trade with.
@Pi_vendor_247
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
where can I find a legit pi merchant onlineDOT TECH
Yes. This is very easy what you need is a recommendation from someone who has successfully traded pi coins before with a merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi network coins and resell them to Investors looking forward to hold thousands of pi coins before the open mainnet.
I will leave the telegram contact of my personal pi merchant to trade with
@Pi_vendor_247
2. Judicial Review
India has an independent Judiciary with
extensive jurisdiction over the acts of
Legislature and Executive. Judicial review
can be defined as the doctrine under which
Legislative and Executive actions are subject
to review by Judiciary. It is generally
considered as a basic structure of
independent judiciary (Indira Gandhi vs.
Rajnarain case).
Judicial Review can be classified into three categories,
1)Reviews of Legislative Actions.
2)Review of judicial Decisions.
3)Review of Administrative Action
Therefore, it is also the duty of judges to ensure that balance of power is
maintained, to protect human rights, Fundamental Rights, and citizens’ rights
of life and liberty
3. •1) Judicial Review of Legislative Actions means the power to ensure that
the law passed by Legislature is in accordance with provisions contained in the
Constitution and in particular Part 3 of the Constitution (Principle of reading
down).
• This principle of reading down means that statutory provisions is generally
read down in order to save such provisions from being declared illegal or
unconstitutional.
The rule of reading down is in itself a rule of harmonious construction in
a different name and generally used to straighten crudities or ironing out
creases to make a statute workable.
4. 2) In case of judicial review of decisions, for instance, when a statute is
challenged on the ground that it has been passed by legislature without
authority or rights, it is for the courts to decide whether the law passed
by the legislature is valid or not.
Also, no legislature in our country has the power to ask
instrumentalities of the state to disobey or disregard the decision given
by the courts.
•3)Judicial Review of administrative action is a mechanism of enforcing
constitutional discipline over administrative agencies while exercising
their powers.
• Judicial review of judicial actions can be visualized in Golaknath
case, banks nationalization case, privy purses abolition case, Minerva
mills etc.
5. As courts have wide powers of judicial review, these powers have to be
exercised with great caution and control. The limitations of these powers
are:
• It is only permissible to the extent of finding whether the procedure in
reaching the decision has been correctly followed but not the decision itself
• It is delegated to superior courts only, i.e. Supreme Court and High Courts
• Cannot interfere in policy matters and political questions unless absolutely
necessary
• Law once passed may become unconstitutional with passage of the same
with changed situation; this may create vacuum in legal system. Hence, it can
be said that directions given by court would be binding only till legislation is
enacted, i.e. it is temporary in nature
• Can interpret and invalidate a law but it cannot itself make laws
6. However, there are also cases when the Executive has directed the
judiciary to review policies.,
For example:
in Ministry of Health vs. Treatment Action Campaign, the
government itself gave direction to review its policy regarding
distribution of antiretroviral drugs and plan an effective and
comprehensive national programme to prevent mother to child
transmission of HIV.
7. Judicial Activism:
It can be defined as a philosophy of judicial decision
making whereby judges allow their personal views
regarding a public policy instead of constitutionalism.
A few cases of judicial activism in India are as
follows:
• Golaknath case in which Supreme Court declared that
Fundamental Rights enshrined in Part 3 are immutable and
cannot be amended
• Kesavananda Bharati whereby Supreme Court introduced
doctrine of basic structure, i.e. Parliament has power to amend
without altering basic structure of the Constitution
• SC has assumed a supervisory role in CBI investigation of 2G
scam
• In invoking terror laws against Hasan Ali Khan
8. Moreover,
the concept of Judicial Activism also faced certain criticisms. Firstly, it
is often said that in the name of activism, judiciary often rewrites with
personal opinions. Secondly, the Theory of Separation of Powers is
overthrown. However, its importance lies with position accorded to
institution as a place of hope for aggrieved persons.
There is only a thin line of separation between review and activism.
While judicial review means to decide if the law/act is consistent
with the Constitution, judicial activism is more of a behavioural
concept of the judge concerned. It is majorly based on public
interest, speedy disposal of cases etc.
9. Therefore,
with the power of judicial review, the courts act as custodians of
the Fundamental Rights. With the growing functions of the
modern state, judicial intervention in the process of making
administrative decisions and executive functioning has also
increased.
In addition, judicial activism keeping in view the ideals of
democracy is in fact necessary to ensure that unheard voices are
not buried by influential voices. Indeed in most situations timely
intervention of judiciary in India has helped democracy flourish
in our country despite repeated failures of other organs.
10.
11. 1. Legislative actions are subjected to review by
1.judiciary
2.legislative
3.executive
4.union state relation
Ans. Judiciary
MULTIPLE CHOICE QUESTIONS
2. Concept of judicial review is falling under which article of Constitution
1.article 12
2.article13
3.article14
4.article32
Ans. article13
3. In India collegiums system was first
introduced in relation to
1.Execitive
2.Legislative
3.Judiciary
4.union state relation
Ans. Judiciary
12. 4. The system of judicial review is found
1.only in India
2.in both India and US
3.only n India
4.only in britan
Ans: 3
5)Judicial reviews are under the actions of
a) Legislative assembly
b) Judicial system
c) Executive assembly
d) none of these
6.Equality before law and equal protection law assurs that
1.Democracy
2.rule of law
3.parlimentary supremacy
4.laizeeg fair
Ans. Rule of law
Ans:Legislative assembly
13. 7.Under whose jurisdiction the High Courts of the States directly fall
in the judicial system of India?
1.Parliament
2. President
3. Supreme Court
4.Attorney General
Ans. Supreme Court
8.Is Legislature in our country has the power to ask instrumentalities
of the state to disobeying the decision given by courts
a)Yes
b)Depends on court
c)No
d)None of these
Ans:No
9.Which courts have wide power on Judicial review.
a)High court
b)Supreme court
c)District court.
d)All courts in india
Ans:All courts in india
14. 10.In Judicial activism which law acts against the Hasan ali khan
a)Religious terror
b)Ideological terror
c)Invoking terror.
d)All of these
Ans:c)invoking terror
11.Which court introduced the basic structure of constitution
a)Supreme court
b)High court
c)District court.
d)None of these
Ans:a)supreme court
12.Under whose jurisdiction the High Courts of the States directly fall in the
judicial system of India?
1.Parliament
2. President
3. Supreme Court
4.Attorney General
Ans. Supreme Court
15. 13.Supreme court of India was inaugurated in the year?
a)1948
b)1949
c)1950
d)1951.
Ans:1950
14.Doctrine of Judicial review originated from which country?
a)the UK
b)France
c)the USA
d)Russia.
Ans:USA
15.Who coined the term judicial activism?
[A] Montesquieu
[B] Justice V.R. Krishna Iyer
[C] Arthur Schlesinger Jr.
[D] None of the shove.
Ans:c)Arthur Schlesinger Jr
16. 16.Which of the following statements are correct about judicial activism?
[A] It is the process of lawmaking by judges
[B] It is the practice in the judiciary of protecting individual rights
[C] Judges depart from strict adherence to judicial precedents
[D] All of the above
Ans:d)All of the above
17.Which one of the following is the constitutional basis of judicial review?
a)Common Law
b)Statute
c)The rule of Law and the separation of powers.
d)Enquity.
Ans: The rule of Law and the separation of powers.
18.Judicial Review in the Indian Constitution is based on:
a)Procedure established by law
b)Due process of Law
c)Rule of Law
d)Precedents and convention.
Ans:procedure established by law
17. 19.At present how many judges are in the Supreme court?
a)8
b)25
c)26
d)31.
Ans:d)31
20.Concept of Public Interest Litigation (PIL) originated from which country?
a)the UK
b)France
c)the USA
d)Russia
Ans:c)the USA
21.What was the original strength of Supreme Court of India?
a)12.
b)15
c)20
d)31.
Ans:b)15
18. 22.What is the system consisting of courts which interpret the constitution
and award judgement?
(a) Judiciary
(b) Parliament
(c) Police
(d) Legislative.
Ans:a)judiciary
23.Judiciary in India resolves the disputes between
(a) State and State
(b) State and Citizen
(c) Citizen and Citizen
(d) All the above
Ans:d)All the above
24.Who is the final interpreter of our Constitution?
(a) Judiciary
(b) Government
(c) Executive
(d) Legislative.
Ans:a)Judiciary
19. 25.How many High Courts are there in India currently?
(a) 31
(b) 21
(c) 11
(d) 01
Ans:b)21
26.Once appointed, a judge can be removed by:
(a) District judge
(b) Chief Minister
(c) Prime Minister
(d) None of above
Ans:d)None of the above