TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    India-Russia: Jaishankar Recalls Moscow’s Support

    India-Russia: Jaishankar Recalls Moscow’s Support

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Flydubai Cockpit Attack: Al Qaeda Supporters Cheer the Co-Pilot, but Who Was Really Behind It?

    Flydubai Cockpit Attack: Al Qaeda Supporters Cheer the Co-Pilot, but Who Was Really Behind It?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    Indian Navy Sailor Honeytrapped in Pakistan-Linked Defence Leak Case

    India-Russia: Jaishankar Recalls Moscow’s Support

    India-Russia: Jaishankar Recalls Moscow’s Support

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Neha Bora vs Ruchi Tiwari: Women’s Safety Hypocrisy Row

    Flydubai Cockpit Attack: Al Qaeda Supporters Cheer the Co-Pilot, but Who Was Really Behind It?

    Flydubai Cockpit Attack: Al Qaeda Supporters Cheer the Co-Pilot, but Who Was Really Behind It?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    CIBIL Score Checks for Self-Employed Borrowers: What Lenders Look at Beyond the Number

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Why More Vehicle Owners Are Choosing Online Car Insurance for Their Coverage Needs

    Best Stripe Alternatives for Receiving Money in India (2026)

    Best Stripe Alternatives for Receiving Money in India (2026)

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    Essar Group’s $18 billion Iowa steel plant — a “true homecoming” for Rewant Ruia, and the largest plant in US history

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Push AMCA forward, or find alternatives: IAF chief on fifth-generation gap

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    Who is Hamam al-Hammami? The Omani co-pilot at the centre of the flydubai attack, and the Syria question

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    INS Trishul Reaches Valencia as Indian Navy’s Mediterranean Deployment Continues

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    114 Rafales by Financial Year-End? What India Could Get, and Where Tejas Mk1A, Mk2 and AMCA Fit

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    India formally puts Gogra, Hot Spring and 26 other Ladakh sites on official map

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Five Indian seafarers rescued after Kuwaiti tanker hit by projectile in Strait of Hormuz

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    Pakistan defence minister’s throat gesture at Afghan woman journalist draws condemnation

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    From “Nepotism” to the Pandya-Rahul Row: 7 Koffee With Karan Moments That Shook Bollywood

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    What Jaishankar’s food crisis warning reveals about India’s fertiliser weakness and its rice-export power

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    The Engagement Gap: Why Two TikTok Videos With the Same Views Can Perform Completely Differently

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    Mangal Dosha and Marriage Compatibility: What Does Astrology Say?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Judicial Reform or Overreach? The Debate Over Activism in the Court

Justice Lokur is absolutely right in his assertion about personal liberty.

Abhishek Kumar Singh by Abhishek Kumar Singh
13 February 2023
in Law
judicial activism
Share on FacebookShare on X

If there is one principle on which modern constitutionalism can fundamentally rely, then it is the separation of powers. In the same vein, there is a concept called activism. As the name suggests, it rarely follows any boundary. In the last few decades, judicial activism has become a buzzword among the pillars of democracy.

Retired Justice for more activism

Retired Justice Madan B Lokur has advocated for increased judicial activism, particularly on the part of the Supreme Court, in the area of personal liberty. Speaking at the award ceremony of the India chapter of the International Press Institute (IPI-India), Justice Lokur said, “Personal liberty is the most cherished aspect of our fundamental rights. And the state has an obligation to protect our personal liberty rather than take it away. There should be more activism on the part of the Supreme Court when it comes to the issue of personal liberty.”

RelatedPosts

Supreme Court: Bar Council of India Has No Power to Discipline Law Students, Only Enrolled Advocates

FSSAI moves to red-flag junk food, under pressure from the Supreme Court

Ram Mandir Donation Probe Faces Fresh Scrutiny

Load More

Also read: Unlocking the rules for handcuffing in India

Pros of judicial activism

Justice Lokur is absolutely right in his assertion about personal liberty. The judiciary is duty-bound to protect them. However, the method he is advocating is not universally accepted. Few even resent it. Let’s understand what it is, how it evolved, and why it is so controversial yet constitutional.

Though the concept is as old as 400 years, the phrase was first used by Arthur Schlesinger Jr. in his article “The Supreme Court: 1947,” published in Fortune Magazine. At that time, it was mainly used to refer to American Justices using the power of judicial review to strike down any law antithetical to the interests of the common people.

People’s welfare is the reason why its Indian adoption took shape mainly during the Indira era. People’s rights were under threat. Even basic structural doctrine is sometimes cited as an example of judicial activism. Various other revolutionary changes, like women’s rights, LGBT rights, and the expansion of the meaning of fundamental rights, are also credited to judicial activism.

Also read: High Court Orders Bail with Tech-Savvy Conditions

Activism overreached

The Apex Court uses its powers under Articles 32, 136, and 142 of the Indian Constitution. Article 32 provides for the Court to give a direct hearing to a writ petition. Article 136 empowers the Court to grant special leave to appeal any judgement, decree, determination, sentence, or order made by any court or tribunal in any cause or matter. Article 142 gives power to the Apex Court to issue any order to ensure full justice. As a result, public interest lawsuits have flooded the courts.

And it’s not wrong since populist leaders often tend to forget their duties. At the same time, it is not wise for the judiciary to step into the sphere of the legislature. There have been cases in which courts of record went overboard. For instance, before the release of Jolly LLB II, the Bombay High Court appointed a three-person committee to watch the movie and recommend slashing and chopping. The Censor Board was reduced to insignificance.

Also read: Your legal rights when Police refuses to register your FIR

The ban on liquor sales within 500 metres of state and national highways is also one of those cases. There was absolutely no evidence establishing the link between sales and accidents. Discarding evidence continued when the Apex Court did not accept scientific evidence regarding the impact of banning 2000 cc on the environment. It was later lifted. The quest for good had ended in irrationality.

It happened again when the Apex Court asked the central government to be more proactive when states are not doing their duty during disasters. The guidelines should have been passed to the states rather than burdening the centre with more responsibility. Similarly, when it came to NPA, the SC asked the RBI for a list of defaulters. RBI had to go out of its way to not convince SC to make them public.

Also read: Ali Mohammed Balwa v. ED: Time pass legal activist will be buried under debt now

Jaitley Ji was outspoken

The late Shri Arun Jaitley was against this overreach. He had criticised the rationale behind it. He said, and I quote, “It’s a flawed argument.” “It is flawed because if any organ of the state is not doing its duty, it can be directed to do its duty.” In his words, it is usurpation of power and the “step by step, brick by brick” destruction of the “edifice of India’s legislature.” Similar criticisms have been made by others as well.

Ultimately, it is the public that is the beneficiary. At the same time, history is filled with examples of autocrats using public gains to usurp absolute power. Judicial activism itself evolved because the legislature posed such a threat. I hope it does not turn out to be a Frankenstein monster.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=lfc66uk3gpk

Tags: Arthur Schlesinger JrArticle 136Bombay High CourtFortune MagazineJudicial ActivismJudicial JusticeJudicial reviewNPAPersonal RightsRBISupreme CourtSupreme Court Judgement
ShareTweetSend
Previous Post

10 Outfits You Can Wear to Your Best Friends Wedding – FOR girls

Next Post

Turkey is not the only country which needs India’s help

Related Posts

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

Hanuman Chalisa Kept Me Going': Flydubai Hero Smit

00:10:03

How Pakistan-Linked Drug Networks Are Targeting India | Coast Guard Deals a ₹3,000 Crore Blow

00:03:28

How SkyStriker Hunts Its Target: Inside India’s Loitering Munition

00:03:49

F-35 vs Rafale? Inside India’s Biggest Air Exercise

00:05:54

China and the Philippines Are Fighting a War With Maps, Not Missiles

00:05:55
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited