Very eminent Judges like Holmes, Brandeis and Frankfurter always adhered to the theory of reasonable doubt believing firmly that what will appear to be unconstitutional to one person may reasonably be not so to another and that the Constitution unfolds a wide range of choices and the legislature therefore should not be presumed to be bound by any particular choice and whatever choice is rational, the court must uphold as constitutional. How slippery this doctrine of public interest is was graphically described by Justice Holmes thus:"... (it is) a fiction intended to beautify what is disagreeable to the sufferers. The latter is of two types: (.Without resorting to a preference in favour of any particular value choice and thereby inviting criticism of entering into the constitutionally forbidden area of judicial activism, the court can always draw lines at new angles by dexterously resorting to innovative interpretative processes.The resultant situation may sometimes bring credit to the judicial institution and sometimes it may prove counter-productive. As a result of this decision, the responsibility of the American Supreme Court to interpret the legislative and executive actions in the light of the due process clause became very great.In the initial stages, only in respect of substantive laws, the doctrine of due process was applied but later the procedural laws also were brought within its purview. "We must never forget", observed Chief Justice Marshall, "that it is a Constitution we are expounding ... intended to endure for ages to come and consequently to be adapted to the various crises of human affairs." Often, the judiciary, in the name of activism, interferes with the administrative and judicial domain is one adventure/overreaching. It is essential to weigh the pros and cons to determine the suitability of the course of action that takes place.judicial activism establishes a system of checks and balances to the other branches of government.Judicial activism has also faced criticism sometimes. In the beginning, the application of PIL was confined only to improving the lot of the disadvantaged sections of the society who by reason of their poverty and ignorance were not in a position to seek justice from the courts and, therefore, any member of the public was permitted to maintain an application for appropriate directions.After the Constitution (Twenty fifth Amendment) Act, 1971, by which primacy was accorded to a limited extent to the Directive Principles vis-...-vis the Fundamental Rights making the former enforceable rights, the expectations of the public soared high and the demands on the courts to improve the administration by giving appropriate directions for ensuring compliance with statutory and constitutional prescriptions have increased. Article 13 read with Article 32 and 226 of the Constitution.
By reason of judicial activism, much good or harm could be brought about by the Judges by resorting to innovative interpretation. The Court also struck a note of caution that, ordinarily, appointments to the High Court Benches should not be interfered with by the judiciary but in exceptional circumstances, interference becomes necessary. Judicial Activism by Vishal Gupta, Judicial Activism, History and Theories Behind Origin, Theory of Vacuum Filling, Theory of Social Want, Judicial Activism in India, Judicial Activism and P.I.L. Innovation needed is accentuated by way of a solution. The legal doctrine 'Jus tertii' implying that no one except the affected person can approach a court for a legal remedy was holding the field both in respect of private and public law adjudications until it was overthrown by the PIL wave.PIL, a manifestation of judicial activism, has introduced a new dimension regarding judiciary's involvement in public administration. Registered members get a chance to interact at Forum, Ask Query, Comment etc.The concept of judicial activism which is another name for innovative interpretation was not of the recent past; it was born in 1804 when Chief Justice Marshall, the greatest Judge of the English-speaking world, decided,became the Chief Justice of the Supreme Court having been appointed by the outgoing President, who lost the election. It is the duty of the executive to implement faithfully the laws made by the legislature. The answer to this is found in the Constitution itself. The Constitution being the basic document incorporating the enduring values the nation cherished inevitably contains open-ended provisions which afford wider scope for the judiciary in the matter of interpretation. The constitutional court undertakes the delicate task of reconciling the permanent with the transitory.
The Fifth Amendment to the American Constitution mandating inter alia that no one shall be deprived of life, liberty or property without due process of law was in the beginning understood as applicable only to the.. judicial activism establishes a system of checks and balances to the other branches of government. But this is easier said than done. In fact, this was perceived as a success for the Executive vis-...-vis the Judiciary.The next important development in judicial activism in the.These decisions highlight the judicial statesmanship of Chief Justice Earl Warren, who declared that his appointment to the Supreme Court was "a mission to do justice".After the American Government adopted the policy of affirmative action in order to improve the economic conditions of the blacks and also remove the sense of injustice blacks as a group had nurtured, the Supreme Court sustained the legislative measures enacted in this regard. That is the reason why judiciary was cautioned by eminent legal philosophers to exercise great restraint while declaring the actions of the legislature unconstitutional.
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