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Judicial Activism

By Hon’ble Justice Mr. V. G. Palshikar

Published In

Air 1998

Since the establishment of Courts as means of administering justice, law is made from two sources, the prime source is from the legislature and the second is the Judge-made law, i.e. judicial interpretation of the already existing legislation. The Constitution of India also recognised these two modes of law-making. Article 141 of the Constitution of India lays down that the law as declared by the Supreme Court of India establish the Law of the State. It thus, codifies what was hitherto before an uncodified convention, namely, recognition of Judge-made law. The process of making law by Judges is what I would call Judicial Activism. Judicial Activism as distinguished from Judicial Passivism means an active interpretation of existing legislation by a Judge, made with a view to enhance the utility of that legislation for social betterment. Judicial Passivism; to put it very loosely, liberally, is interpretation of existing legislation, without an attempt to enhance its beneficia ....

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