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Thursday, September 25, 2008

Judicial Activism in India

This is an emerging trend in recent history of our great nation. This started getting the impulse after multiparty democracy fall into place instead of a single part ruling scenario. No government in the present conditions has 2/3rd majority both in the upper and lower houses of the parliament which means amendments to the constitution is a remote possibility and also the executive has lost the power to even impeach a Judge as this also requires a 2/3rd majority.

 

This has increased the influence of Judiciary on the executive as well. This has lead to intense interference on even the day to day affairs of the executive where we could see that people are getting into courts against the government and have attained considerable amount of success.

The governments do not have the strength to change the law neither to confront the judiciary. Due to this amazing scenario we had the opportunity to hear some landmark judgements.

Also we see the people have lost faith in the executive but they have still faith in the judicial process although it takes time but we have seen judgements where judiciary have kept up with the trust of the people. In the coming days we could see a much faster approach in terms of the time it takes to pass the judgement on a case. In the future we could see the judiciary gaining more control as executive is going to be more weaker with more single parties getting together to form the government.

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