QUES . How is judicial activism different from judicial overreach ? Explain.
HINTS:
Judicial Activism and Judicial Overreach are two terms often used in the context of the judiciary’s role in interpreting and shaping laws. While they share similarities, they have distinct differences:
Judicial Activism
Judicial activism refers to a proactive approach taken by judges in interpreting the law and the Constitution.
It involves a willingness on the part of judges to go beyond the literal text of the law when necessary to address societal issues, protect rights, and promote justice.
Judicial activists may interpret the Constitution broadly and may even make policy decisions from the bench. They believe that the judiciary has a role in shaping social and legal change.
Must read: “Constitutionally guaranteed judicial independence is a prerequisite of democracy.”
Judicial activism is characterized by decisions that expand individual rights, challenge existing norms, and address pressing social issues.
Activist judges often view the Constitution as a living document that should adapt to changing times.
Must read: Judicial Activism – a critical appraisal
Judicial Overreach
Judicial overreach occurs when the judiciary exceeds its constitutional authority and interferes with the functions of the executive and legislative branches of government.
It involves judges making decisions or policies that should rightfully be determined by the elected branches of government.
Overreach can result in an imbalance of power and undermine the principle of separation of powers.
Must read: Difference between Judicial Review and Judicial Activism
Judicial overreach is characterized by decisions that are seen as overly intrusive into matters of policy or administration that are traditionally the domain of the executive or legislative branches.
It can lead to accusations of judicial activism if judges are seen as overstepping their boundaries.
Difference between judicial activism and judicial overreach
Purpose
Judicial activism aims to address societal issues, protect rights, and promote justice by interpreting the law broadly and proactively.
Judicial overreach involves judges making decisions or policies that should be the domain of the executive or legislative branches, often without a clear constitutional basis.
Must read: Supreme Court as the guardian of the Indian Constitution
Scope
Judicial activism focuses on interpreting the law to expand individual rights or address social issues.
Judicial overreach involves judges making decisions that intrude into areas of governance that are traditionally the responsibility of other branches of government.
Acceptance
Judicial activism is sometimes viewed as a legitimate and necessary function of the judiciary, especially when it upholds fundamental rights.
Judicial overreach is typically seen as a negative phenomenon, as it can undermine the separation of powers and democratic processes.
Thus, while judicial activism and judicial overreach both involve judges playing an active role in shaping legal and societal outcomes, the distinction lies in their purpose and the extent to which they interfere with the functions of the other branches of government. Balancing the judiciary’s role in upholding the rule of law and protecting rights with the need to respect democratic processes is an ongoing challenge in many legal systems.
External link: https://core.ac.uk/download/pdf/112282.pdf
