IJFANS International Journal of Food and Nutritional Sciences

ISSN PRINT 2319 1775 Online 2320-7876

ANALYZE ARGUMENTS FOR AND AGAINST JUDICIAL ACTIVISM AND EXPLORE ITS IMPACT ON INDIA'S DEMOCRATIC SYSTEM

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Shonika Walia, Palwinder Kaur

Abstract

This paper examines the effects of judicial activism on India's democratic system and critically evaluates the arguments made in favor of and against it. Judicial activism has drawn both acclaim and condemnation since it involves judges actively addressing social issues and influencing public policy. Supporters contend that it upholds fundamental rights, advances justice, and acts as a check on the authority of the government. On the other hand, detractors argue that judicial activism compromises the division of powers, intrudes upon legislative power, and could result in judicial overreach. Judicial activism has been crucial in achieving social justice, safeguarding minority rights, and encouraging responsibility within the framework of India's democratic system. Concerns regarding judicial activism's ability to elude democratic procedures and threaten elected institutions still exist, nevertheless. This study intends to expand knowledge of the significance of judicial activism for India's democratic governance and the balance of power among its branches of government by analyzing the intricacies of debates around it.

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