REASON FOR GROWTH OF JUDICIAL ACTIVISM

The factors responsible for the growth of judicial activism are as follows:

CORRUPTION- The danger of corruption gets encouraged, when the managers, rather than checking it helps their political supervisors in propagating it for individual gains. Such corruption cases have driven the legal executive to uncover the skeletons in the pantries of government officials and make individuals mindful of the debasing situation in the public arena. Judges need to interface and becomes activist in such matters in order to ensure legislative and executive works in accordance with the law.

HUMAN RIGHTS VIOLATION- The infringement of human rights has lent to the activist job of the judiciary. Was judicial activism not there, the exposed infringement of human rights as seen in the various areas like at workplace, in streets, in prisons, etc? What is more significant is that judicial activism in such cases makes mindfulness among all individuals. It holds that those imprisoned in these weak spots are as a lot under the assurance of the law as others and those people responsible for them are similarly responsible to society.

There are certain cases where the government failed to act as a shield for citizen’s Human Rights like in environmental pollution, child labor, women safety, so in these cases, Judiciary had to interfere and acted as an activist to lay down the provisions also recently where the state government or central government failed to provide oxygen cylinders, hospital bed to corona patients than the High Court or Supreme Court acted as an activist to ensure that the funds of the country are properly utilized to save the lives of the citizens of the country.

TO PROVIDE DIRECTION – Judicial Activism is required in two cases:

Hung Parliament – When the government is unable to make decisions regarding law-making or when it requires any opinion regarding law-making then the judiciary has to enter to give them proper guidance in order to make effective laws to secure public interest.
Strong Parliament – When parliament is strong and there are chances of misuse of power then judicial activism comes into the picture in order to ensure that provisions laid down by parliament while making laws don’t violate the constitution’s basic structure. Like in 1975, former Prime Minister Indira Gandhi, made amendments to the basic structure of the Indian Constitution.

COALITION POLITICS- Coalition politics, partly, is additionally answerable for the development of judicial activism. A coalition government is a combination of heterogeneous ideological groups, which meet up to shape the public authority. Those people in power in a coalition government might fear taking hard choices inadmissible to some coalition accomplices. The most noticeably awful shortcoming of a coalition government is that as opposed to giving the most extreme need to the public interest, it offers a need to the endurance of the public authority. This prompts difficulty for individuals overall and hence, they are compelled to go to the legal executive for redressal of their complaints.

PUBLC INTEREST LITIGATION AND JUDICIAL ACTIVISM

Mr. Justice Kuldeep Singh enumerated that Judicial Activism is nothing but a way to describe the Supreme Court in the field of Public Interest Litigation. In India power of the administrative authorities have become very strong and thus judicial activism has become an important area of the administrative law because the judicial department i.e. Courts are effective and beneficiary branch for the purpose of the controlling the administrative action in India.
Through the way of writs, Public Interest Litigation can be filed. Article 32 and 226 of the Constitution of India was created for the enforcement of fundamental rights and for a judicial review of administrative actions in the form of writs. It is a Constitutional remedy available to a person to bring his complaint or grievance against any administrative action to the notice of the court. Safeguard of fundamental rights and assurance of natural justice are the most important components of writ jurisdictions. It is an important way to ensure that legislative and executives are working in the proper manner. Also Judiciary can take suo moto cognizance of the case if there is a reasonable ground to believe that judicial activism is required to ensure justice.
A couple of years prior the Supreme Court ordered the Central Government to stop children work in bangle making industrial facilities in Firozabad or passed different orders identified with environmental issues. On occasion, the judges themselves have purposely or unwittingly become exposure cognizant. This awareness had driven judges to fall back on hyper activism. This kind of judicial activism is uncommon and ought to be kept away from.

CONCLUSION

Judicial activism is required only when other organs are performing inactively. It becomes necessary to smoothen the balance between the three organs of the government. But sometimes judicial activism creates problems in the functioning of the legislative and executive due to excessive interference by the judiciary. Sometimes judiciary lacks efficiency for proper implementing of the laws; it requires the help of the legislative and executive to understand the purpose of the law and to properly execute it. There are some cases when the judiciary becomes hyperactive, so such activism must be checked. All three organs should work properly and actively to resolve all social and political problems and only when it is observed that there is the requirement of judicial activism then only the judiciary must interfere in the working of government to secure the ends of justice.