🔆 Judicial Activism and Overreach
▪️Judicial Activism
✅Judicial activism is a judicial philosophy that motivates the judiciary to depart from the traditional precedents in favour of progressive and new social policies.
✅It is manifested when the Supreme Court or High Court compels the authorities to act and sometimes also directs the government, government policies and the administration.
✅ Instances of judicial activism include directing the Centre to create new policy to handle drought, directing the Centre to set up a bad loans panel.
▪️Judicial Overreach
✅Judicial Overreach refers to an extreme form of judicial activism where arbitrary and unreasonable interventions are made by the judiciary into the domain of the legislature or executive.
✅ This is a situation where the court encroaches upon the role of the legislature by making laws.
✅ For example, some have argued that the court’s decision on closing the issuing of licenses for new liquor shops in and around highways, was a case of judicial overreach.
✅ Reasons for judicial activism as well as judicial overreach in a democracy like India can be attributed to various factors like asymmetry of power, Public Interest Litigations, lackadaisical approach of other organs and various other factors like growing consciousness of people for their rights, globalization, active media and civil society organizations, concerns for the environment among others.
▪️While the higher courts have done a tremendous amount of good for the public through judicial activism; however, in many cases, the judiciary has used excess powers, which transcend the normal bounds of judicial activism. Such judicial overreach has given rise to the following concerns:
✅ Undermining the doctrine of the separation of powers,
✅Oversight of the challenges faced by legislature and executive,
✅ Lack of accountability towards people,
✅ Threat to the credibility of the judiciary.
The Supreme Court has often highlighted the importance of judicial restraint. The judiciary must, therefore, exercise self-restraint and eschew the temptation to act as a super-legislature. Judicial
activism is appropriate when it is in the domain of legitimate judicial review. However, it should not be a norm nor should it result in judicial overreach.
#mainsrevision
#mains
#gs2
#polit
▪️Judicial Activism
✅Judicial activism is a judicial philosophy that motivates the judiciary to depart from the traditional precedents in favour of progressive and new social policies.
✅It is manifested when the Supreme Court or High Court compels the authorities to act and sometimes also directs the government, government policies and the administration.
✅ Instances of judicial activism include directing the Centre to create new policy to handle drought, directing the Centre to set up a bad loans panel.
▪️Judicial Overreach
✅Judicial Overreach refers to an extreme form of judicial activism where arbitrary and unreasonable interventions are made by the judiciary into the domain of the legislature or executive.
✅ This is a situation where the court encroaches upon the role of the legislature by making laws.
✅ For example, some have argued that the court’s decision on closing the issuing of licenses for new liquor shops in and around highways, was a case of judicial overreach.
✅ Reasons for judicial activism as well as judicial overreach in a democracy like India can be attributed to various factors like asymmetry of power, Public Interest Litigations, lackadaisical approach of other organs and various other factors like growing consciousness of people for their rights, globalization, active media and civil society organizations, concerns for the environment among others.
▪️While the higher courts have done a tremendous amount of good for the public through judicial activism; however, in many cases, the judiciary has used excess powers, which transcend the normal bounds of judicial activism. Such judicial overreach has given rise to the following concerns:
✅ Undermining the doctrine of the separation of powers,
✅Oversight of the challenges faced by legislature and executive,
✅ Lack of accountability towards people,
✅ Threat to the credibility of the judiciary.
The Supreme Court has often highlighted the importance of judicial restraint. The judiciary must, therefore, exercise self-restraint and eschew the temptation to act as a super-legislature. Judicial
activism is appropriate when it is in the domain of legitimate judicial review. However, it should not be a norm nor should it result in judicial overreach.
#mainsrevision
#mains
#gs2
#polit
Source: #TH
Relevance: #GS2 : Right to Information, Transparency & Accountability.
#governance
#RTI
Keywords: RTI , #Information_Commissions. e-filing , PIOs, #Transparency, digitisation.
For Prelims: RTI Act , Central Information Commission.
For Mains : The Right To Information Act is not all about citizen's empowerment alone , it essentially redefines the concept of accountability. Discuss (2018)
#upscmainspyq
Relevance: #GS2 : Right to Information, Transparency & Accountability.
#governance
#RTI
Keywords: RTI , #Information_Commissions. e-filing , PIOs, #Transparency, digitisation.
For Prelims: RTI Act , Central Information Commission.
For Mains : The Right To Information Act is not all about citizen's empowerment alone , it essentially redefines the concept of accountability. Discuss (2018)
#upscmainspyq
🔆ANUSANDHAN NATIONAL RESEARCH FOUNDATION (NRF) BILL, 2023
✅ The NRF will provide high-level strategic direction for research, innovation, and entrepreneurship in various fields. It will also promote scientific and technological interfaces in the humanities and social sciences.
✅ The Bill will hike R&D spending in the country. The Act will establish NRF, an apex body to provide high-level strategic direction of scientific research in the country.
✅ The Department of Science and Technology (DST) will be the administrative Department of NRF, which will be governed by a Governing Board consisting of eminent researchers and professionals across disciplines.
✅ The Prime Minister will be the ex-officio President of the Board, and the Union Minister of Science & Technology and the Union Minister of Education will be the ex-officio Vice-Presidents.
✅ NRF's functioning will be governed by an Executive Council chaired by the Principal Scientific Adviser to the Government of India.
✅NRF will forge collaborations among industry, academia, and government departments and research institutions.
✅ The Act will also repeal the Science and Engineering Research Board (SERB), established by an Act of Parliament in 2008, and subsume it into the NRF, which has an expanded mandate and covers activities over and above those of SERB.
#GS2
#prelims
✅ The NRF will provide high-level strategic direction for research, innovation, and entrepreneurship in various fields. It will also promote scientific and technological interfaces in the humanities and social sciences.
✅ The Bill will hike R&D spending in the country. The Act will establish NRF, an apex body to provide high-level strategic direction of scientific research in the country.
✅ The Department of Science and Technology (DST) will be the administrative Department of NRF, which will be governed by a Governing Board consisting of eminent researchers and professionals across disciplines.
✅ The Prime Minister will be the ex-officio President of the Board, and the Union Minister of Science & Technology and the Union Minister of Education will be the ex-officio Vice-Presidents.
✅ NRF's functioning will be governed by an Executive Council chaired by the Principal Scientific Adviser to the Government of India.
✅NRF will forge collaborations among industry, academia, and government departments and research institutions.
✅ The Act will also repeal the Science and Engineering Research Board (SERB), established by an Act of Parliament in 2008, and subsume it into the NRF, which has an expanded mandate and covers activities over and above those of SERB.
#GS2
#prelims