Understanding Judicial Review vs. Judicial Activism: Kya Fark Hai?
constitutional mh_cet_law beginner doubtYaar, samajh nahi aaya. I'm preparing for MH CET Law and I'm really confused between Judicial Review and Judicial Activism. Sab two dono mein wickets cut karna hota hai, par fir bhi kya farq hai? Judicial Review to sahi hai ki Parliament ya State legislature ki koi bhi decision ko alag karne ka adhikar court ka hota hai, lekin Judicial Activism yeh kya hai ki court apne hisaab se rules banata hai. Kya yeh dono hi wrong hain? Jab tum log mock tests dete ho, I'm at my shift. Please help, koi confusion clear kare.
3 Comments
"Bhai, don't get confused. Judicial Review aur Judicial Activism don't have to be at logon ke dar mein. Judicial Review is just the court's power to check if the govt's actions are constitutional, that's it. Judicial Activism hai jab judges kuch aur bhi jodte hain, jaise apni opinions, ekdam sahi ke roop mein. Agar tere paas time hai, phir yeh articles padhne ka, jaise SC's Kesavananda Bharati judgment.
Important Note: Understanding Judicial Review v/s Judicial Activism is crucial for judiciary aspirants. Judicial Review is the power of courts to review government actions to determine if they are constitutional. Judicial Activism, on the other hand, is when the court takes an active role to enforce social change. Key takeaway: While Judicial Review is about rule-following, Judicial Activism is more about rule-making. To ace this topic, master key cases like Marbury v Madison and highlight the fine line between the two.
Sach mein, yeh topic bahut interesting hai. Judicial Review and Judicial Activism don't mean same thing, though often misunderstood. Judicial Review is process by which court reviews laws and actions of other branches of govt to check if they're in line with Constitution. Judicial Activism, on the other hand, refers to situations where court takes initiative to make new laws or interpret existing ones in a way that goes beyond what was intended by lawmakers. Fikr karo, aapko to ismein difference aayegi.