| Judicial Activism is in action when: |
| 1. The legislature and executive wings of the Government rail to discharge their duties under the Constitution |
| 2. The higher court intervene through appeals against the judgments of the lower courts |
| 3. The court monitors the development in a case during the Trial period and issues necessary directions. Select the correct option from the codes given below: |
A) Only 1
B) Only 1 & 2
C) Only 1 & 3
D) Only 2 & 3
Correct Answer: C
Solution :
Intervention of the higher courts on appeals against the lower courts is not judicial activism. Judicial activism is when courts do not confine themselves to reasonable interpretations of laws, but instead create law. Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. "Judicial activism" is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court. In so doing, the court takes for itself the powers of Congress, rather than limiting itself to the powers traditionally given to the judiciary.
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