Judicial Review/Activism/Overreach/Restraint

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is considered a part of the basic structure of the constitution.

  • Judicial activism signifies the proactive role of the Judiciary in protecting the rights of citizens whereas when Judicial Activism goes overboard, and becomes Judicial Adventurism, it is referred to as Judicial Overreach.
  • Judicial restraint is when judiciary respects the separation of powers and doesn’t breach into executive and legislative organ’s functions.

Constitutional Provisions

  • Article 372 (1) establishes the judicial review of the pre-constitution legislation.
  • Article ....
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Indian Polity And Governance