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Created by : arun kumar, Examiner of Trade Marks, , trade marks registry  | 05 11 2009 06:17:22 +0000
Industry : LawFunctional Area : India(Markets)
Keywords : judicial activism
Activity:  437 views;  last activity : 07 06 2010 20:18:09 +0000

Looking at the least interest on the part of our central & state governments and other responsible bodies of the government to take initiative for the improvement of social, economic and personal life of common man, if the time has come for the judicial activism by which judiciary may direct for the legislation. At present there are lot of prevailing laws which are outdated or requires amendments to fit in present circumstances. If it is not high time to refer certain issues to judiciary directly for speedy legislation.

 
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I want to deal with the issue in a different angle. Our apex court has expanded the scope of Part-III and Part-IV of constituion of india during 80's and we call that era as "Judicial Activism".

Now, we need judicial activism on correcting our judiciary itself. We are seeing lot of political interference in the functioning of judiciary. Standards in judiciary are being eroded. Its a very serious issue and if we don't deal with this issue, then, the entire system will collapse. Judiciary is supposed to be corrupt free and like an organisation with appreciable standards. But, everybody including members of legal fraternaty are commenting on our functioning and its unfortunate. We need to ensure that the quality is restored in judiciary. We have seen excellant judges like Justice Krishnayyar and Justice Gajendragadkar and we do have some good judges. But, its an admitted fact that there is corruption everywhere. But, the extent of corruption in the system now is really alarming. The standards in judiciary are being eroded really.

    We need judicial activism on this important thing of correcting the system itself. Functioning is not good now and Judiciary is supposed to be with high standards as it will be last hope for the people when their rights are under attack.


By V.Durga Rao, Private Attorney/Lawyer, V.DURGA RAO  05 12 2009 14:05:35 +0000
 
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In a democratic country people's representative are entitled to bring an act in the parliament. If judiciary interferes and directs the legislature to pass an act, it will not be a democratic country. But judiciary can give guidelines/suggestions where law is lacking. Outdated laws can be repealed/reenacted  in the parliament. We can definetly write about these laws and amendments in that act to LAW COMMISSION OF INDIA. Lets try this out then we can go for the judicial activism. In our judicial system in rarest of rare case where relief is must dehors the legislation in that field Supreme Court intereferes and passes order by way of guidelines. EG. D.D.basu ten guidelines for arrest. Even after nearly three decades no government has taken steps to incorporate guidelines issued in that case as an act.

It is not the government who passes an act but it is we the people who passes an act in the parliament via our MP's. We have to send quality MP's to parliament and then get a direction if necessary from judiciary.

Thank you.


By R.Chandrasekar , Lawyer/Attorney, M/s.P.V.S.Giridhar & Sai Associates  05 12 2009 02:14:21 +0000
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judicial activism is the need of the hour . But no political interference by theses political leeches.

entrust the job to indian legal hawks of should i say fali nariman , shanti bhushan , arun jaitely and late palkhi vala types for completely overhauling the indian legal procedures , codes , statutes , archaic laws for the benefit of the indian masses and not the elite classes.


By Ajay Ziz, Dy. Registrar,, University of Jammu  | 05 12 2009 07:57:32 +0000
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Judicial activism is the need of hour. Today lot of good things are compelled to be done by the judiciary from government for common man, which ought to have been done by the government on its part. Independent judicary in certain areas may definetely legislate.


By arun kumar, Examiner of Trade Marks, , trade marks registry  | 05 11 2009 06:17:22 +0000
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improvement is a ongoing excercise 365 days a year.and improvement in judicial system is needed.we do have a efficient system and laws we miss out on the implementation of those laws.

judges can make judgements but the real test of the law is when we citizens have to follow it.can we have responsible citizens who would follow the law.

and responsible laws which are worthy of being followed.

no matter how many laws you make there would be some lawyer who would find a way out of that law.it is the job of the lawyer to save his client.before that it is his duty to follow the law in the sprit of the law.

we need lawyers who would follow the sprit of the law.it is in fashion to win cases no matter what you are doing with the sprit of the law.

the lawyers would fight the cases and win and that case would become a case law.so it becomes a law in itself.law is not just parliament it is a daily affair law is being made everyday by judges.every case becomes a reference point and is called as case law.

we do not need judicial activitism.we need judges who would follow th elaw in sprit and do not forget that they are making a law when they are passing a judgement.

when we have so many cases it basicaly means there is something wrong with the social fabric and we need to correct the problem at the point of happining of unlawful act.

judiciary is basically doing postmortem of the happening.which is a counter productive the vent has happened already what can be done to avoid happening of such event should be the solution.

our emphasis should shift from doing postmartums of cases to being in a place of active social thinking which could avoid such act from being done.

can we have a system which would make someone think hundread times before doing a act which would lead him to the legal system.

the relationship of law breaker and law maker is like a never ending cycle they are ahead and after each other from time immeorial.breaking the cycle would be a challangeing task.the cause and effect.


By sandesh saboo, Research Associate/Analyst, saboo associates  | 06 10 2009 05:47:55 +0000
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I completely agree with Chandrasekhar's comment here...it should not be the case where the judicial system is passing the legislature...it should be done by the people opinion in the form of the government bringing such decision and not the judicial system...and judicial system should give the guidelines and directions...and its the people's power that ultimately comes to the perspective via their elected candidates in the parliament...so here Voting plays a major role...and people should take moral responsibility to go and vote...as the voting percentage is going down all the time....


By Anagha Thakur, Corporate Lawyer  | 05 12 2009 05:55:50 +0000
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