monirul Monirul | Southeast University (Bangladesh) (original) (raw)

Papers by monirul Monirul

As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining pro... more As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining prominence in the present days. Its basic source can be gathered from the concept of "Public Interest Litigation"; citizens are getting access to Justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden increase of judicial intervention. The area of judicial intervention has been steadily expanding through the device of Public interest Litigation. Justic P.N. Bhagwati while interpreting the principles of "Locus Standi" Under Article 32 the constitution of India, first of all declared the concept of Public Interest Litigation and Judicial activism. Insertion of Article 39-H in the Constitution developed the process of Public interest Litigation , Lok Adalat, Legal Literary and Legal aid etc. It developed a belief in the hearts of Public at large that they will not be deprived of their rights and Social Justice. Even if a person is financially very weak and not even in a position to knock the doors of the court, then also he will be administered Justice. Judicial activism refers to interference of the Judiciary in the Legislative and executive fields. It mainly occurs due to the over or nonactivity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. It protects human rights of citizens. Judicial activism is providing a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. In short, judicial activism means that instead of judicial restraint the Supreme Court and other lower courts become activists and compel the authority in policies and also in matters of administration. It has arisen mainly due to the failure of executive and legislatures to act. Secondly, it has arisen due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly it occurs when the entire system has been played off by ineffectiveness and inactiveness. The violation of basic human rights has also led to the judicial activism. Due to misuse and abuse of the some of the provisions of the constitution, judicial activism has gained significance. Besides the above mention factors, there are some other situations that lead to Judicial activism. These are:-1. When the Legislature fails to discharge its responsibility. 2. In case of a hung parliament where the government is very weak and instable. 3. When the governments fail to protect the basic human rights of the citizens or provide an honest, efficient and just system of law and administration. 4. When the party in power misuses the courts of law for ulterior motives as was during the Emergency period and 5. Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.

Drafts by monirul Monirul

As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining pro... more As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining prominence in the present days. Its basic source can be gathered from the concept of "Public Interest Litigation"; citizens are getting access to Justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden increase of judicial intervention. The area of judicial intervention has been steadily expanding through the device of Public interest Litigation. Justic P.N. Bhagwati while interpreting the principles of "Locus Standi" Under Article 32 the constitution of India, first of all declared the concept of Public Interest Litigation and Judicial activism. Insertion of Article 39-H in the Constitution developed the process of Public interest Litigation , Lok Adalat, Legal Literary and Legal aid etc. It developed a belief in the hearts of Public at large that they will not be deprived of their rights and Social Justice. Even if a person is financially very weak and not even in a position to knock the doors of the court, then also he will be administered Justice. Judicial activism refers to interference of the Judiciary in the Legislative and executive fields. It mainly occurs due to the over or nonactivity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. It protects human rights of citizens. Judicial activism is providing a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. In short, judicial activism means that instead of judicial restraint the Supreme Court and other lower courts become activists and compel the authority in policies and also in matters of administration. It has arisen mainly due to the failure of executive and legislatures to act. Secondly, it has arisen due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly it occurs when the entire system has been played off by ineffectiveness and inactiveness. The violation of basic human rights has also led to the judicial activism. Due to misuse and abuse of the some of the provisions of the constitution, judicial activism has gained significance. Besides the above mention factors, there are some other situations that lead to Judicial activism. These are:-1. When the Legislature fails to discharge its responsibility. 2. In case of a hung parliament where the government is very weak and instable. 3. When the governments fail to protect the basic human rights of the citizens or provide an honest, efficient and just system of law and administration. 4. When the party in power misuses the courts of law for ulterior motives as was during the Emergency period and 5. Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.

As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining pro... more As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining prominence in the present days. Its basic source can be gathered from the concept of "Public Interest Litigation"; citizens are getting access to Justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden increase of judicial intervention. The area of judicial intervention has been steadily expanding through the device of Public interest Litigation. Justic P.N. Bhagwati while interpreting the principles of "Locus Standi" Under Article 32 the constitution of India, first of all declared the concept of Public Interest Litigation and Judicial activism. Insertion of Article 39-H in the Constitution developed the process of Public interest Litigation , Lok Adalat, Legal Literary and Legal aid etc. It developed a belief in the hearts of Public at large that they will not be deprived of their rights and Social Justice. Even if a person is financially very weak and not even in a position to knock the doors of the court, then also he will be administered Justice. Judicial activism refers to interference of the Judiciary in the Legislative and executive fields. It mainly occurs due to the over or nonactivity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. It protects human rights of citizens. Judicial activism is providing a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. In short, judicial activism means that instead of judicial restraint the Supreme Court and other lower courts become activists and compel the authority in policies and also in matters of administration. It has arisen mainly due to the failure of executive and legislatures to act. Secondly, it has arisen due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly it occurs when the entire system has been played off by ineffectiveness and inactiveness. The violation of basic human rights has also led to the judicial activism. Due to misuse and abuse of the some of the provisions of the constitution, judicial activism has gained significance. Besides the above mention factors, there are some other situations that lead to Judicial activism. These are:-1. When the Legislature fails to discharge its responsibility. 2. In case of a hung parliament where the government is very weak and instable. 3. When the governments fail to protect the basic human rights of the citizens or provide an honest, efficient and just system of law and administration. 4. When the party in power misuses the courts of law for ulterior motives as was during the Emergency period and 5. Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.

As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining pro... more As understood, judicial activism is neither a casual occurrence nor a reaction. It is gaining prominence in the present days. Its basic source can be gathered from the concept of "Public Interest Litigation"; citizens are getting access to Justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden increase of judicial intervention. The area of judicial intervention has been steadily expanding through the device of Public interest Litigation. Justic P.N. Bhagwati while interpreting the principles of "Locus Standi" Under Article 32 the constitution of India, first of all declared the concept of Public Interest Litigation and Judicial activism. Insertion of Article 39-H in the Constitution developed the process of Public interest Litigation , Lok Adalat, Legal Literary and Legal aid etc. It developed a belief in the hearts of Public at large that they will not be deprived of their rights and Social Justice. Even if a person is financially very weak and not even in a position to knock the doors of the court, then also he will be administered Justice. Judicial activism refers to interference of the Judiciary in the Legislative and executive fields. It mainly occurs due to the over or nonactivity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. It protects human rights of citizens. Judicial activism is providing a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times. In short, judicial activism means that instead of judicial restraint the Supreme Court and other lower courts become activists and compel the authority in policies and also in matters of administration. It has arisen mainly due to the failure of executive and legislatures to act. Secondly, it has arisen due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly it occurs when the entire system has been played off by ineffectiveness and inactiveness. The violation of basic human rights has also led to the judicial activism. Due to misuse and abuse of the some of the provisions of the constitution, judicial activism has gained significance. Besides the above mention factors, there are some other situations that lead to Judicial activism. These are:-1. When the Legislature fails to discharge its responsibility. 2. In case of a hung parliament where the government is very weak and instable. 3. When the governments fail to protect the basic human rights of the citizens or provide an honest, efficient and just system of law and administration. 4. When the party in power misuses the courts of law for ulterior motives as was during the Emergency period and 5. Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.