judicial activism sounds like a contradiction in terms. judiciary is generally perceived as detached, non-partisan and neutral. It is for the executive to enforce the law enacted by the legislature. Judiciary steps in only as an interpreter of law in case Of onfusion and as a dispenser of justice to help the Victim of injustice when the latter agitates before it that an injustice has been done to him. Judicial activism witnessed in India during the last decade of the Twentieth century has enlarged the scope of the functions of the judiciary.
It has in a number of cases jolted the executive out of its complacency and directed it to act Within atime frame to redress the grievance of a citizen or general public. It has also, in certain instances, directed the executive to take drastic measures for environment protection and to implement the Directive principles of the State Policy like provision of free universal education. In a word, Judiciary has forced the executive to perform its duty with demonstrable alacrity and speed.
It has shed off its detachment and articulated, in no uncertain terms, its resolve to bring relief Judicial activism caught the public eye initially when the judges of the High Courts and the Supreme Court started taking cognizance of the cases of injustice brought to their notice through an ordinary letter some instance of grave injustice. They took up the proceedings without waiting for the filing of a formal case. Thusthe Delhi High Court responded to the petition of the parents of school children who suffered or were likely to suffer injuries due to rash driving of the school buses.
The court is sued orders to the Delhi Trans port Corporation prescribing minimum working experience of 5 year to qualify for a driver's job in the D.T.C. Many industrial units within the city of National Capital Region of Delhi had been poisoning the environment withever- increasing pollution. The High court, after getting a public petition and hearing the petitioners and government advocates ordered the closure of hundreds of industrial units within a specified time-frame.
Similarly, all polluting industries near the Tai Mahal were ordered to be closed by the Court to save this great national monument from damage. Many States of India have been grievously lacking in the educational infrastructure to provide free universal education to children upto the age of 14 year as enjoined
