Ad
related to: judicial review and activism upsc
Search results
Results From The WOW.Com Content Network
While dealing with the blatant misuse of Article 356, a nine-judge Bench of the Supreme Court reiterated that judicial review is a basic structure of the Constitution and held that the proclamation of the imposing President's Rule in the State is subject to judicial review in S. R. Bommai v. Union of India (1994). [3] [28]
Roosevelt defines judicial activism as "an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions."; [9] [10] likewise, the solicitor general under George W. Bush ...
He was known for his judicial innovation through landmark judgements, which made him "the face of judicial activism" in India. [2] His decisions were credited with the forging of powerful new judicial tools such as continuing mandamus , [ 3 ] and the expanded protection of fundamental rights as in the Vishaka Judgement . [ 4 ]
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
Under judicial review, the court invalidates both normal laws as well as constitutional amendments as per the Basic structure doctrine that it developed in the 1960s and 1970s. It is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments.
P. N. Bhagwati was born in Gujarat.His father was Justice Natwarlal H. Bhagwati, a Supreme Court judge. [2] He was the elder brother of the economist Jagdish Bhagwati and the neurosurgeon/president of the Neurological Society of India S. N. Bhagwati - father of economist Ketki Bhagwati. [3]
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL).It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer.
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...