NIRMA UNIVERSITY

INSTITUTE OF LAW B.Com., LL.B. (Hons.) Course ACADEMIC YEAR 2013-2014

CONCEPT ON INTERPRETATION OF STATUTES “COURTS NOT TO LEGISLATE”

TITLE – JUDICIAL ACTIVISM OR JUDICIAL RESTRAINT: SHOULD THERE BE A LEASH ON COURTS’ POWER TO LEGISLATE?

SUBMITTED BY:
ROHIT LALWANI (10BBL035) IPR GROUP VIII SEMESTER

SUBMITTED TO:
DR. RASHMI KHURANA NAGPAL INTERPRETATION OF STATUTES

The constitution defines the powers and functions of all the pillars.e. The Executive. It prevents parliament from enacting any legislation against the spirit and letter of the constitution. Judges must know their limits and must not try to run the Government. Judicial review is the power conferred upon the apex court by constitution. including judicial activism and judicial restraint. Hence. directed to act within their ambit for fair and smooth administration. They are thus. the power to hold any law.. The Supreme Court has the power to review the acts and orders of the executive and the legislative wings of the parliament under the concept of judicial review. For creatively and genuinely discharging their assigned duties conscientiously. being the apex court has to act as the guardian and protector of the constitution.Judicial Activism or Judicial Restraint: Should there be a leash on Courts’ power to Legislate? The Indian constitution which was drafted in 1950 is one of the well compiled and well planned constitutions. i. the judiciary. the essential feature of our political system is the supremacy of parliament. There is broad separation of powers under the Constitution and each organ of the State the legislature. official action based on a law. the Indian constitution consists of all essential requisites for the exercise of judicial review. legislature and the executive and these are meant for a safe and fair indirect parliamentary democracy in India. An amazing achievement of the makers of the Indian constitution is the way they have enshrined a complete harmony between judicial review and parliamentary supremacy. The Supreme Court. the executive and the judiciary must have respect for the others and must not encroach into each others’ domains. the Indian courts have often gained respect from all over the world. Judiciary and the Legislature all have their own broad areas of operation under the Constitution and usually. . otherwise the fragile balance in the Constitution will be upset. any other action by a public official that deems to be in conflict with constitution. and there will be a reaction. As a written and rigid constitution and a federation consisting of separations of powers among the different organs and grant of fundamental rights to its citizens. it is not proper for any of these organs to interfere in the domain of the other. and not behave like Emperors. They must have modesty and humility.

2007 (10) 4 SC 272. A few recent cases on the same heated issue include the case of Indian Drugs & Pharmaceuticals Ltd. State of Jharkhand and Ors. Over the years.1 and S. What Judicial Activism and Judicial Activism actually mean is still not clear because there is no particular definition given to it. I have made an attempt to discuss judicial activism with relation to judicial restraint and how these two are inter-connected and how the judiciary sometimes needs to be reminded of its limitations and of the fact that it cannot trespass the powers of the other organs of a democracy. Judicial activism and judicial restraint have been the source of a heated discussion lately.C. mainly because of the recent developments that have taken place in the past few years. v.Judges must exercise judicial restraint and must not encroach into the executive or legislative domain.e. the legislature and the executive.. various jurists have defined it with their own understanding of it but these definitions have often been contrary to each other and thus this is an attempt to interpret how both these concepts are necessary for the proper functioning of judiciary in India through various judgments of the court and also it would be analyzed how there should be some limitations on how the court should be allowed to exercise their powers and under what circumstances. . The judges of the Apex Court as well as various High Courts of the states have again set off this controversial issue by giving some controversial decisions. 1 2 (2007) 1 SCC 408. v.2 In this research paper. i. The Workman of Indian Drugs & Pharmaceuticals Ltd. Chandra and Ors.