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A Critique Of Judicial Activism With Reference To Separation Of Powers




Jyotsana Singh, BA LLB (H), Amity University, Uttar Pradesh.

Dr. Rajeev Kumar Singh, Assistant Professor of Law (Sr. Grade), Amity University Uttar Pradesh


ABSTRACT


The dynamic interplay between judicial activism and the principle of separation of powers has produced long-standing disputes and significant thoughts within India's democratic system. This study examines judicial activism in light of India's separation of powers concept. Drawing on constitutional provisions, significant judicial pronouncements, and intellectual discourse, it navigates the complicated terrain where the judiciary, executive, and legislative meet. Through a multifaceted perspective, the article explains the essence of judicial activism, its expressions, and the ramifications for the delicate balance of power envisioned by the Indian Constitution's authors. By evaluating crucial case studies and interacting with varied perspectives, it reveals the subtle processes that shape the interaction between the court and the other arms of government. Furthermore, it dives into the obstacles, conflicts, and future directions that define this complex partnership. Finally, this article seeks to contribute to a better understanding of India's emerging governance landscape, where the concepts of judicial activism and separation of powers intersect and diverge, affecting the contours of democracy and the rule of law.


Keywords: judicial activism, separation of power, constitution.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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