Authored By: Sanjay Dedha

As we all know the judiciary is one of the most important pillars of our constitution and also know as the third organ of the government. Meaning of the judiciary is a system of courts that interpret and apply the law and is made up of judges of the Supreme Court and high courts and appointed by the president of India on the recommendation of a collegium.

In the judicial system, there is a unique function which is known as judicial activism. Judicial activism is the power of the judiciary that makes the judiciary stronger and trustworthy. Judicial activism means the movements of the judiciary to inquire into the inner functioning of the other organs of the government i.e, the executive and legislature, and take suo moto action on issues in the society.

Main Object of Judicial Activism

The main object of judicial activism is to maintain the “rule of law” in the country. The rule of law requires each organ of the government to perform the functions assigned to it by the constitution. If the legislature does not make the required law and the executive does not execute the law, does not arrest the law-breakers, and does not collect evidence against them, there will be a complete death of the rule of law. The court cannot be and should not be a party to it as it is the guardian of the constitution and protector of the rule of law in the country. It has rightly been said that to safeguard the rule of law, on the foundation of which the superstructure of democratic rule rests, judicial intervention becomes the need of the hour.
Role of Courts During Pandemic

During this pandemic, courts played a very active and vital role through their suo moto notices and orders to governments of states as well as centers. Some high courts directed the state governments when the governments had been failing to provide adequate health systems to their citizens. Orders are as follows:

Delhi High Court:

• On the 21st April, 2021 Delhi high court stated to the government that ‘do begging or borrow or do even theft but provide oxygen to the hospitals at any cost’.
• On the 23rd April, 2021 Delhi high court strictly condemns the act of black marketing of oxygen cylinders during a covid-19 pandemic and stated that ‘we hanged that person who has negate or stop the supply of oxygen, irrespective of their post and authority’.
• On the 1st may, 2021 the high court also stated to the central government that ‘water has gone above the head now we want to see actual work on ground zero’.
• On the 4th May, 2021 Delhi high court further directed the central government to show cause notice why contempt not is initiated against it for failing to comply with the order on supply of oxygen to Delhi for treating covid-19 patients. ‘You can put your head in the sand like an ostrich, we will not’.

Allahabad High Court:

• On the 27th April, 2021 Allahabad high court said that ‘consumption of the oxygen cylinder must be fulfilled and government should acknowledge the empty LPG cylinder for medical purpose’.
• On the 4th may, 2021 Allahabad high court also stated that ‘deaths of the people due to lack of oxygen is the penal offense. This is not less-than any massacre’.
• On the 11th may, 2021 court further stated to the state government that ‘All population of the state should be vaccinated within three months.

Madras High Court:

On the 26th April 2021, Madras High Court gave the significant statement that ‘Election Commission is the only responsible for the second wave of covid-19 in India and officers of the election commission should be a charge for murder trial’.

Conclusion

During this pandemic when the government had been failing to control the covid-19 virus and prevent the deaths of the people because of their shattered executive system therefore, courts took the suo moto time to time. Because the Supreme Court is the guardian of the constitution and constitution gave the fundamental rights to citizens of India. Which cannot be curtailed and violate by anyone. So, the bench using its powers to interfering in matters where they deem fit for the interest of justice and this knows as judiciary activism. This is very important in the aspect of democracy and to prevent the dictatorship of government. These suo moto steps had taken by the courts during the pandemic is the classical example of judicial activism.