1
Question
Q. With regards to Judicial Activism, consider the following statements:
Which of the above statement(s) is/are correct?
Q. With regards to Judicial Activism, consider the following statements:
Which of the above statement(s) is/are correct?
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Solution
The correct option is D Neither 1 nor 2
Explanation:
- Statement 1 is incorrect: The principle of judicial activism is not consistent with the Separation of Power as the Judiciary takes the mantle of framing directions/rules/regulations which is essentially the legislative domain. This has laid rise to the concept of ‘judges made law’ in India and the same is not in consonance with the other two branches of governance i.e legislature and executive.
- Statement 2 is incorrect: There are various other methods of judicial activism in India such as constitutional interpretation, judicial review of legislation, access to international statutes for ensuring constitutional rights, and the supervisory power of the higher courts on the lower courts.
Explanation:
- Statement 1 is incorrect: The principle of judicial activism is not consistent with the Separation of Power as the Judiciary takes the mantle of framing directions/rules/regulations which is essentially the legislative domain. This has laid rise to the concept of ‘judges made law’ in India and the same is not in consonance with the other two branches of governance i.e legislature and executive.
- Statement 2 is incorrect: There are various other methods of judicial activism in India such as constitutional interpretation, judicial review of legislation, access to international statutes for ensuring constitutional rights, and the supervisory power of the higher courts on the lower courts.
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