Table of Contents
Which was the first case of judicial activism in India?
the Bihar under trials case
The first major case of judicial activism through social action litigation was the Bihar under trials case.
Which is the most popular habeas corpus case in India write a detailed note on it?
While the Habeas Corpus case is Justice Khanna’s most celebrated ruling, almost as well known is his judgment in the landmark case of Kesavananda Bharati. In 1973, the Supreme Court constituted its largest ever bench of 13 judges to decide whether Parliament had the unfettered right to amend the Constitution or not.
What are some of the best examples of judicial activism by the Supreme Court of India?
Examples- of judicial activism are the decisions by the Indian Supreme Court in Maneka Gandhi’s case as well as its decisions relating to Article 21 of the Indian Constitution, etc.
Who introduced judicial activism in India?
The judiciary remained submissive until the 1960s, with the modern trend of judicial activism beginning in 1973 when the Allahabad High Court rejected the candidature of Indira Gandhi in State of Uttar Pradesh v. Raj Narain. The introduction of public interest litigation by Justice V.R.
What is habeas corpus example?
An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown.
What is the right to habeas corpus?
The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.” Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
What is the most cited judgement in the history of India?
On this metric, the most cited judgement is the 2012 judgement in Gian Singh vs state of Punjab (cited 10,067 times). In the event of a settlement, the judgement provides the framework for high courts to decide which proceedings cannot be quashed (such as serious and heinous offences) and which proceedings can be.
Why has the rate of dissent declined in the Indian judiciary?
Looking at the huge number of pending cases in India before the Judiciary, dissent is therefore impractical. Now, considering the fact that 80\% of the cases are being decided by a two-judge bench, it is clear why the rate of dissent has declined.
Is the Supreme Court delivering judgements for India?
More recently, the government raised questions about judge representation at the apex court. Yet, amid all this, the Supreme Court has delivered judgements with profound implications for the Indian society. In India’s common law system, judgements are critical for setting a precedent that serves as the foundation for delivering justice.
What is the longest judgement ever delivered by the Supreme Court?
The longest judgement ever delivered by the Supreme Court, Kesavananda Bharati vs state of Kerala, is the third-most cited case (with 155 citations) in the history of the apex court. In a 417,000-word tome, the judgement established the Supreme Court’s authority over the Constitution and prevented Parliament from altering its ‘basic structure’.