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JUDICIARY (INTRODUCTION (NATURE OF INDIAN JUDICIARY: (SO NATURE OF INDIAN…

- - - - BUT A ACTIVE PARTICIPANT IN INDIA'S SOCIAL REVOLUTION
    - - BLURRED SEPARATION OF POWER (JUDICIARY>> LEGIS, EXE. NOT VICE VERSA)
        :arrow_double_down:
      - ART 36: ACC. TO SC STATE USED UNDER ART 36 ALSO COMPRISES OF JUDICAIRY ALSO (WHEREAS STATE UNDER ART 13 MEAN LEGIS AND EXE )
        
        HENCE JUDICIARY IS ALSO UNDER OBLIGATION TO IMPLEMENT DPSP
        
        SO SC NOT ONLY PROTECTION OF FR UNDER PART III , SC ALSO WORKS TOWARDS REALIZATION OF SUBSTANTIVE JUSTICE(SOCIAL AND ECONOMIC RIGHTS UNDER DPSP)
        
        SO TECHNICALLY SUPREME COURT DIRECTION WRT DPSP SHOULDN'T BE CONSIDERED AS JUDICIAL ACTIVISM LIKE VISHAKA GUILLINES ART 42
      - ART 141: JUDICIARY IS EMPOWERED TO DECLARE LAW: WHICH TO BE TREATED LAW BY ALL COURTS
      - ART 143 : ADVISORY JURISDICTION OF SUPREME COURT
        
        NOT TO BE USED FOR HYPOTHETICAL OR POLITICAL PURPOSE: ...
        BUT ART 143 IS USED AS ESCAPE MECHANISM
        
        AS IN EVERY SOCIETY HAVE A HIGH REPUTATION FOR JUDICIARY
        
        THIS LEADS TO POLITICIZATION OF JUDICIARY
      - ART 142: SC'S POWER TO DO COMPLETE JUSTICE: ONLY SKY IS THE LIMIT
- - - - JUDICIARY GOING BEYOND THE SCOPE MANDATED BY CONSTITUTION: JUDICIAL ACTIVISM
  - - - SO ITS CORRECT THAT CONS. IS SUPREME BUT IT IS ALSO CORRECT TO SAY CONS. IS WHAT JUDGES SAY IN: :arrow_forward:
        SC AS FINAL INTERPRETER OF CONS.
    - - GIVEN RISING LEVELS OF POLITICAL CORRUPTION
  - - - FIRST CASE WHERE JUDICIARY USED JUDICIAL ACTIVISM
    - - EXTREME FORM OF ACTIVISM: DOCTRINE OF BASIC STRUCTURE
    - - CRITICISED AS DARKEST HOUR OF INDIAN JUDICIARY
        JUDICIARY FAILED TO PROTECT FUNDAMENTAL RIGHT
    - - DOCTRINE OF DUE PROCESS OF LAW
  - - - CONVENTIONAL VIEW(TRADITIONALIST): JUDICIARY SHOULD RERAIN
        
        ACC. TO MARKANDE KATHU: TELL IF THERE IS ONE , DON'T MAKE IF THERE IS ONE
        
        JUSTICE BHARUCHA :JUDICIARY DON'T HAVE RESOURCES, INFRA, EXPERTISE TO MANAGE ADMINISTRATIVE LEVIATHAN
        
        JUDICIAL ACTIVISM IS NOT DESIARBLE BECOZ JUDICIARY IS LEAST REPRENTATIVE AND MOST ELITIST
      - ALTERNATE SCHOOL
        
        ACC. TO JUSTICE REED OF USA:
        INTERPRETAION OF LAW IS NEVER A PHOTOGRAPHIC FUNCTION . WHENEVER JUDGE TELL A LAW THEY MAKE LAW
        
        JUSTICE PN BHAGWATI :GONE ARE DAYS WHEN IT WAS CONSIDERED INDECENT FOR JUDGE TO MAKE LAWS ON PUBLIC POLICY
        
        THERE IS NOTHING TO FEEL GUILTY OR SHY
        
        IF JUDGE ACTS WITH RESTRAIN IT MEANS
        
        HE WANTS TO LIVE IN COMFORT ZONE AWAY FROM PUBLIC CRITICISM AND NOT FULFIILING THERE CONS. DUTY
        
        ACC. TO KALPANA KANNABIREN:
        
        THE AGE OF PENDENTIC LEGAISM(LITERAL INTERPRETION OF LAW) IS OVER
        TODAY ARE LIVING IN AGE OF JUDICIAL ACTIVISM
  - - - WE CAN'T IMAGINE A SITUATION WHERE EXECUTIVE AND LEGISLATURE ARE NOT PERFORMING THERE FUNCTIONS AND JUDICIARY HAS ALSO CLOSED THERE DOOR
      - PEOPLE WOULD HAVE NO OPTION BUT REVOLUTION,
        J .A HAS PROTECTED SANCTITY OF CONS.
        AND PROTECTED HUMAN RIGHTS AND RULE OF LAW
    - - IF JUDICIARY HAS LED TO STRENGTHENING OF DEMOCRACY THAN THERE IS NOTHING WRONG IN ACTIVISM
      - INDIA HAS BECAME A CASE FOR JUDICAL CO GOVERNANCE, JUDICIAL DEMOCRACY
    - - WE SHOULD NOT FORGET J.A IS GOOD AS A MEDICNE BUT NOT AS A DAILY BREAD
- - - - CONSIDERS SC HAS PLAYED A POSITIVE ROLE TOWARDS PROTECTING RIGHTS OF INDIANS
      - AC. TO HIM: SC HAS DONE CHEMOTHERAPY FOR CARCINOGENIC INDIAN POLITICS :arrow_double_down:
      - IT IS FOR THIS REASON SC OF INDIA HAS BECAME SC OF INDIANS
      - SURVEY SHOWS SC IS ONE OF THE MOST FAVOURITE INSTITUTION OF THE COUNTRY
        
        A PHENOMENA DESCRIBED AS POST DEMOCRACY: WHERE THERE IS GREATER RESPECT FOR NON ELECTED INSTITUTIONS LIKE CAG, EC, SC
    - - HAS MENTIONED MANY PARADOXICAL FEATURE OF INDIAN JUDICIARY
        
        PLAYED POSITIVE ROLE IN PROTECTION OF BASIC RIGHTS :arrow_forward:
        
        BUT POOR RECORD IN GRANTING PROTECTION AGAINST PREVENTIVE DETENTION
        
        PROTECTED LAWS FOR FREEDOM OF SPEECH AND EXPRESSION :arrow_forward:
        
        BUT SAME HAS PROVIDE LEEWAY TO GOVT. BANNING CONTENT APPEASING ORTHODOX SECTION
        
        OCCASIONAL FAILURE OF TWO BRANCHES OF GOVT.
        IS NOT ENOUGH FOR JUDICIARY TO CLAIM SUPERIORITY
        
        DESPITE JUDICIAL ACTIVISM THERE IS NOT CHANGE IN QUALITY OF GOVERNANCE
        
        PROF UPENDRA BAKSHI COUNTERS MEHTA'S ARGUMENT
        
        IT IS TRUE THAT SOME JUDGEMENTS MAY NOT BE PROPERLY RESONED :arrow_forward:
        
        BUT ONE CAN'T UNDERMINE THE CONTRIBUTION OF JUDICIARY TOWARDS PROTECTION OF LIBERAL, DEMOCRATIC INSTITUTION IN THE COUNTRY
        
        IN THIS LIGHT SC'S ARGUMENTS NULLING THE NJAC SHOULD BE TAKEN IN RIGHT CONTEXT OF INDEPENDENCE OF JUDICIARY
        
        ALSO PERFORMANCE OF JUDICAIRY IS BETTER THAN OTHER INSTITUTIONS OF GOVERMENT
        
        LIKE DOCTRINE OF BASIC STRUCTURE
        
        FEDERALISM AND SECULARISM IS BASIC VALUES
        
        PIL : JUSTICE FOR POOREST OF POOR
        
        RECOGNITION OF DUE PROCESS OF LAW
      - ACC. TO HIM JUDICIARY IS SELF PERPETUATING
        PARADOXICAL
        HIGHLY POLITICIZED INSTITUTION
      - JUDICIARY HAS STRENGTHEN HIS POSITION VIS A VIS LEGISLATURE AND EXECUTIVE
      - ACC. TO HIM: JUDICIAL DECISION IN INDIA DON'T COME OUT FROM OVERARCHING PRINCIPLE BUT ARTIFACTS OF INDIVIDUAL JUDGES
      - JUDICIARY ATTEMPTS DELICATE POLITICAL BALANCING RATHER THAN WORKING ON HIGH IDEALS