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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.
Vishaka and Ors. v. State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
Others noted the judgment as the expression of judicial activism because only a two-judge bench had made a substantial change in constitution. [7] The decisionappeared while liberalisation was a government policy looking for Indian soil to sprout, and commercialisation of education was not as rampant as it is now. [8]
He was a Minister between 1957 and 1959 in the government led by E. M. S. Namboodiripad, holding the portfolios for Home, Law, Prison, Electricity, Irrigation, Social Welfare and Inland Water. [11] He initiated legal-aid to the poor, jail reforms incorporating the rights of prisoners, and set up more courts and rescue homes for women and children.
India has a recent history of judicial activism, originating after the Emergency in India which saw attempts by the Government to control the judiciary. Public Interest Litigation was thus an instrument devised by the courts to reach out directly to the public, and take cognizance though the litigant may not be the victim.
Pages in category "Judicial activism in India" The following 2 pages are in this category, out of 2 total. This list may not reflect recent changes. P.
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]
The proposal for an All India Judicial Service was first suggested in the Chief Justices' Conference in 1961 as a way to remove any scope for judicial or executive intervention in the appointments to the judiciary in the High Courts and the Supreme Court in India. The idea had to be shelved after some states and High Courts opposed it. [2]