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RESEARCH METHODOLOGY:The doctrinal method of research has been used, which involve collection of data from
both primary and secondary sources. The researcher has relied on primary sources like
International Charters, resolutions of the international bodies and committees related thereto
and secondary sources like books written by various eminent authors and articles found in the
journals and websites, e-journals. Use of internet also became very relevant to find out the
most updated, relevant and apt information which helped the researcher in exploring the
subject from various dimensions.
1http://www.thehindu.com/opinion/lead/disturbing-trends-in-judicial-activism/article3731471.ece- Disturbing
trends in judicial activism- The Hindu Article updated on 6th August 2012 which lays emphasis on the PIL and
its impact on Judicial power of Justice to the society at large.
In this article Justice Katju laid down emphasis on separation of powers and philosophy of
judicial activism. He explained the separation of powers theory of the French writer
Montesquieu which state that law making was the job of the legislature, and taking
administrative and policy decisions was the job of the executive. Judges were expected to be
like a referee in a football match, who was only to see that the rules were followed, but was
not to himself take part in the match nor advise the players how to play.
As an ideology of the judicial process, judicial activism implies the use of the court as an
apparatus for intervention over the decisions of policymakers through precedent in case law.
doing so, the Court often creates law and seeks to play a greater part in the governance of a
country through allowing their personal views about public policy to aid them in their
decisions. The role of judges in such cases goes beyond the traditional interpretative role
that has been assigned to them, and shifts to a model by which judges seek to make law,
encroaching on the Separation of Powers doctrine, which forms the bedrock of the Indian and
United States constitutional system. When a Court strikes down a law in an activist
manner, it places primacy upon its interpretation of a constitutional text, sidelining the
opinion of the legislature or executive.
RESEARCH QUESTIONS:1. Weather judicial activism has become an integral part of our constitutional system and
power has been vested in the courts to decide the validity of provisions of statutes?
2. The country like India which is having written constitution has a wider scope of
Judicial Activism?
3. Should courts disregard other concepts if it is necessary to protect the rights of
minorities?
4. Weather the judges obliged to stick to their traditional approach to whatever the
circumstances are?
5. Weather Supreme Court in its activism failed to respect the constitution?
6. Is the judiciary responsible/ accountable to anyone for its interferences with the
functions clearly of administrative or legislature nature and what are the constitutional
and legal sanctions behind such orders made and directions given by courts, by way
of judicial activism?
7. How judicial restraint is different from judicial activism?
8. Weather judicial activism blessings or disguise?
HYPOTHESIS
1. Dilution of the theory of separation of powers is inadvertent when there is an activist
Judiciary.
2. Judicial Activism could be used by the current day political establishments to get their
interests protected. And thus there may be misuse of the Judicial Process.
Scheme of Chapterization:The complete project is divided into five chapters. The first chapter is an introduction to
the research project. The second chapter focuses on judicial activism in India. The third is the
study on public interest litigation. The fourth chapter deals with the case study i.e. the
interpretation of cases and the last chapter is the closing of the paper or summing up the
paper and finding out a final conclusion from the paper.