HPAS/Allied Mains 2022 Answer Writing Challenge Day 112 : Model Answer

Question: Differentiate between the concept of Judicial Activism and Judicial Overreach. (4 Marks)

Answer:

Judiciary is the most pivotal institution which draws its powers from the constitution of India to act as a watch dog for the well-functioning of our democracy.

Judicial Activism: Judicial Activism refers to the process in which judiciary steps into the shoes of legislature and comes up with new rules and regulations, which the legislature ought to have done earlier. Public Interest Litigation, Innovative interpretation of constitution and progressive Verdicts etc. are few such avenues supported by judiciary to enrich the democratic principles of our country.

Judicial Overreach: It refers to an extreme form of judicial activism where arbitrary, unreasonable, and frequent interventions are made by judiciary into the legislature’s domain, often with the intention of disrupting the balance of powers between executive, legislature and judiciary. Like Striking down of NJAC bill and the 99th constitutional amendment can be cited as an example of Judicial Overreach.