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love Rajbir   18 August 2018

judicial activism and judicial restraint

may yours can explain me given above articles with examples.


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 2 Replies

Dr J C Vashista (Advocate)     19 August 2018

Join a coaching institute/college/university and improve your legal knowleged.

Mansi Aggarwal   03 March 2021

Hello, I request you to kindly state your query clearly. However, I assume that you want to know about judicial activism and judicial restraint. 

Judicial activism is an approach to the exercise of judicial review or a descripttion of a particular decision in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. 

A judicial decision may also be called activist in a procedural sense if it resolves a legal issue unnecessary to the disposition of the case. 

For example, the right to privacy came to be recognized as a constitutional right as a result of judicial activism.

Judicial restraint, a procedural or substantive approach to the exercise of judicial review. as a procedural doctrine, the principle of restraint urges judges to refrain from deciding legal issues, and especially constitutional ones, unless the decision is necessary to the resolution of a concrete dispute between adverse parties.

In the case of State of Rajasthan vs. Union of India the court rejected the petition on the ground that it involved a political question and therefore the court would not go into the matter.

Hope this helps you.


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