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Question

Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?

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Solution

Judicial activism can lead to a conflict between the judiciary and the executive because of the interference of the judiciary in the domain of the executive. Issues related to pollution, investigation of cases against corruption and electoral reforms that are ordinarily handled by the executive under the control of the legislature, are being resolved by the judiciary. Judicial activism also violates the democratic principle of respecting the powers and jurisdiction of each organ of government as it confers extraordinary powers on the judiciary.

Thus, the balance between the three organs of the government has become very delicate.


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