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prabhu selvarasu (advocate)     06 July 2009

ACTIVISM

 What is the differends between "judicial activism & juristic activism" ?

 

regards

prabhu



Learning

 1 Replies

SANJAY DIXIT (Advocate)     06 July 2009

According to Former Chief Justice of India J S Verma,  the difference between judicial activism and judicial overreach :

If the court starts doing a job not supposed to be its, then, other than the problem of lack of expertise, it leaves the aggrieved party no forum to ventilate grievances. So the answer to your question is: whenever courts take over the function of other bodies or experts, it amounts to overreach; when they adjudicate a legal issue and the decision has a juristic basis, it is legitimate judicial activism and is justified.


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