ISS Previous Year Paper 2019 GS Solution Question 4(e) Judicial Review and Judicial Activism in India

ISS Previous Year Paper 2019 GS Solution Question 4(e) Judicial Review and Judicial Activism in India. Detailed answer discussing the concepts, significance, differences, and role of the judiciary in protecting constitutional values.

ISS Previous Year Paper 2019 GS Solution Question 4(e) Judicial Review and Judicial Activism in India

ISS Previous Year Paper 2019 GS Solution Question

Q.4(e) Distinguish between Judicial Review and Judicial Activism. Discuss their significance in the Indian constitutional framework.

Answer :

Judicial Review

Judicial Review is the power of the judiciary to examine the constitutionality of legislative and executive actions. If any law or government action violates the Constitution, the courts can declare it unconstitutional and invalid.

The power of Judicial Review is derived from various constitutional provisions, particularly Articles 13, 32, 131, 136, 226, and 227. It acts as a safeguard against arbitrary use of power and helps maintain the supremacy of the Constitution.

Judicial Activism

Judicial Activism refers to the proactive approach adopted by courts in interpreting laws and protecting public interests. Through innovative interpretations and Public Interest Litigation (PIL), courts have expanded access to justice and addressed issues relating to human rights, environmental protection, governance, and social justice.

Judicial Activism goes beyond traditional dispute resolution and seeks to ensure that constitutional principles are effectively implemented.

Difference Between Judicial Review and Judicial Activism

Judicial Review	Judicial Activism
Examines constitutionality of laws and executive actions.	Involves proactive judicial intervention in public issues.
Explicitly recognized under the Constitution.	Developed through judicial interpretation and practice.
Focuses on legality and constitutional validity.	Focuses on achieving justice and protecting public interest.
Acts as a check on legislative and executive powers.	Expands the role of courts in governance and rights protection.

Significance in India

Both Judicial Review and Judicial Activism strengthen constitutional governance. Judicial Review protects fundamental rights and ensures constitutional supremacy, while Judicial Activism promotes social justice, accountability, and effective implementation of laws. Together, they help maintain the balance between different organs of government and uphold democratic values.

Conclusion

Judicial Review and Judicial Activism are essential features of India's constitutional framework. While Judicial Review protects the Constitution from unconstitutional actions, Judicial Activism enables the judiciary to respond proactively to societal needs and strengthen the delivery of justice.