Judicial Activism and Restraint Concepts

The video discusses the principles of the Indian Constitution, focusing on the roles of Parliament, the executive, and the judiciary. It explains judicial activism, its origins, and its impact on Indian law, particularly post-1975 emergency. The video highlights the necessity of judicial activism for justice and its influence on rights under Article 21. It also covers judicial restraint, emphasizing the balance of power among government branches to prevent overreach.

What are the two fundamental principles on which the Constitution is based?

• Democracy and Federalism

• Rule of Law and Separation of Powers

• Liberty and Equality

• Sovereignty and Socialism

What is judicial activism primarily associated with?

• Creation of new laws by the judiciary

• Interpretation of laws in light of current social and political contexts

• Limiting the power of the judiciary

• Strict adherence to existing laws

Who first coined the term 'judicial activism'?

• Arthur Schlesinger

• Justice HR Karna

• Indira Gandhi

• Justice Gajendra Gadkar

Which case introduced the concept of 'due process' in India?

• Golak Nath

• Indira Gandhi vs. Raj Narain

• Maneka Gandhi

• ADM Jabalpur

What does the 'basic structure' doctrine imply?

• The executive has the ultimate power to amend the Constitution

• The judiciary cannot interpret the Constitution

• Fundamental rights can be amended but not the basic structure

• The Constitution can be amended entirely

What is a key reason for the emergence of judicial activism in India?

• To limit the power of the executive

• To address the failure of constitutional spirit due to conservative rulings

• To increase the power of the Parliament

• To abolish the separation of powers

What is the main concern regarding judicial activism?

• It ensures strict adherence to the Constitution

• It leads to judicial adventurism

• It strengthens the legislative process

• It reduces the power of the executive

What does judicial restraint emphasize?

• Judges should prioritize personal views

• Judges should ignore the Constitution

• Judges should respect the boundaries of their power

• Judges should create new laws

How does judicial activism affect the balance of power?

• It strengthens the executive branch

• It reduces the power of the judiciary

• It disrupts the balance by increasing judicial power

• It maintains the balance of power

What is the ultimate aim of judicial activism according to the transcript?

• To criticize the government

• To protect and preserve citizens' rights

• To increase judicial power

• To abolish the Constitution