Chapter

Expanding the Judicial Universe

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0034
Expanding the Judicial Universe

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

When India's Supreme Court under the leadership of Subba Rao decided that Parliament did not possess the power to amend any of the provisions of the Constitution relating to fundamental rights, they realized that all earlier amendments of the Constitution would be invalidated and consequently many disastrous consequences would ensue. It was realized that their pronouncement would have the effect of unsettling many settled and completed transactions and therefore they resorted to the principle of ‘prospective overruling’. The invocation of the formula of ‘prospective overruling’ was a clear instance of judicial activism. Public interest litigation invented by the judiciary symbolizes judicial activism and has now become the shield and weapon of the people to protect and demand the rights to which they are entitled under the Constitution and all other laws. The two great principles of natural justice that none shall be condemned unheard and that none can be a judge of his own cause are the products of judicial activism. All the rules of interpretation of statutes are the creations of judicial activism.

Keywords: India; Supreme Court; Constitution; judiciary; judicial activism; prospective overruling; public interest litigation; natural justice; statutes

Chapter.  1859 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.