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Rajasthan APO Examination - Paper Analysis

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🛡️ Meaning Of Judicial Activism

♟️Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. In other words, it implies the assertive role played by the judiciary to force the other two organs of the government (legislature and executive) to discharge their constitutional duties.

♟️Judicial activism is also known as “judicial dynamism”. It is the antithesis of “judicial restraint”, which means the self-control exercised by the judiciary.

🛡️ Swaran Singh Committee

♟️In 1976, Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need felt during the operation of the internal emergency (1975–1977).

♟️The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.

♟️It stressed that the citizens should
become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well.

♟️The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976.

♟️This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A.

♟️Though Swaran Singh Committee suggested eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

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🛡️Retired Judge

♟️At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.

♟️He can do so only with the previous consent of the president and also of the person to be so appointed.

♟️Such a judge is entitled to such allowances as the president may determine.

♟️He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.

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