Question

<!--td {border: 1px solid #ccc;}br {mso-data-placement:same-cell;}--> Which one of the following statements best illustrates judicial evasion?

• A. Judge recusing himself from a case because of conflict of interest.
• B. Deliberate non action by judge on critical issue.
• C. Judge taking policy decisions over any matter.
• D. Judge taking role of an activist for upliftment of marginalised people

Answer 1

The correct option is B Deliberate non action by judge on critical issue.

Judicial Evasion: It is the occurrence of delay in adjudication of sensitive cases by courts which leads to undermining of justice delivery system. The court avoids deciding a thorny and time-sensitive question, but its very refusal to decide favours the government because it is the government that benefits from the status quo being maintained.
Deliberate non action by judge on critical issue best illustrates judicial evasion.