Premium Essay

Economic Analysis of Judicial Activism in India

In:

Submitted By krishanuroy99
Words 2396
Pages 10
The author, through the medium of this essay tries to analyse the economic aspect of judicial activism in India with regard to transaction costs and opportunity costs. The author will first introduce judicial review and its correlation with judicial activism talking about instances when the latter is helpful and can be used, and the concept of separation of powers. Following which the author, once having clarified the concepts, will discuss the economic aspect of it. This analysis will determine whether judicial activism in the area of siphoning of government funds, provides any cost benefits, as to reduction of costs and the magnitude of its impact on the economy.
To meet the ends of justice and ensure equality to all sections of the society especially the disadvantaged one, PIL was brought into effect in India with a view to fulfil these objectives which are in consonance with the objects enshrined in the Article 39A of the Constitution of India. During emergency there was lot of repression and governmental lawlessness; thousands of people were sent to jail with complete denial of their civil and political rights. Post emergency two judges Justices P.N. Bhagwati and V.R. Krishna Ayer have played a key role in promoting this avenue of approaching the apex court to the poor and the disadvantaged section of the society, seeking legal remedies in areas where public interests are at stake. The first reported case of PIL was in 1979 focussed on inhuman conditions of prisoners and under trial prisoners.
PIL has been proved as one of the most inexpensive legal remedy due to nominal costs involved in filing the litigation but this way of ensuring legal remedy to the poor section of the society has given rise to the lots of frivolous litigations in the Supreme Court of India and which led to the backlog of cases in the Supreme Court, therefore Supreme Court has laid down

Similar Documents

Premium Essay

Robotics

...difference in sex and physical form denotes no difference in status. Women are complement of man and not inferior.” Man and woman are both equal and both play vital roles in the creation and development of their families in particular and the society in general. Indeed the struggle for legal equality has been one of the major concerns of the women’s movement all over the world. In India since long back, women were considered as the oppressed section of the society and they were neglected for centuries. Thus, the first task in post- independent India was to provide a constitution to the people which would not make any distinction on the basis of sex. Article 14 of the Indian Constitution declares that equality before law and equal protection of law shall be available to all. Similarly, Article 15 of the Indian Constitution says that there shall be no discrimination against any citizen on the grounds of sex. Further, Article 15(1) guarantees equality of opportunity for all citizens in matters relating to employment. Article 15(3) provides that the state can make special provision for women and children. In Union of India v. K.P.Prabhakaran,1997,11SCC 638, where Supreme Court held reservation of certain posts exclusively for women is valid under article 15(3), article covers every sphere of state action. Besides, Directive Principles of State Policy which concern women directly and have a special bearing on their status include Article 39(a) right to an adequate means for livelihood. Article...

Words: 1822 - Pages: 8

Premium Essay

Pestle Analysis of India

...2014 PESTLE ANALYSIS: INDIA POLITICAL ANALYSIS Democracy is the focal point of the Indian political system, but is often constrained by social tensions due to religious, caste and linguistic differences. Some of the communal flare-ups—such as Babri Masjid in 1992, Godhra in 2002, and the large exodus of India’s northeastern migrants from the southern cities in 2012 due to fear of attacks by Muslims— have rocked the whole country in the past. In 2013, the country again witnessed communal riots between Jat Hindus and Muslims in the town of Muzaffarnagar (located in the state of Uttar Pradesh), which has been deemed as ―the worst instance of political violence in the country in the last decade‖. In addition, the government’s assent to the creation of a new state of Telangana in southern India has brought intensified demands for new states in other parts of the country, either on ethnic lines or for better administration. Current strengths Strong democratic setup India is the largest democratic nation in the world and principles of democracy are deeply entrenched in the Indian political system. Indian diversity is reflected in the federal political structure of government, where power is shared between states and the center. There are national level elections, state level elections, municipal elections and panchayat (village) level elections, all of which require citizens to exercise their vote. As per the World Bank’s Worldwide governance Indicators, India ranked in the...

Words: 8214 - Pages: 33

Free Essay

Uniform Civil Code

...word ‘Codex’ which means a book. Therefore, the term ‘Civil Code’ is read in conjunction with the adjective ‘Uniform’ it connotes a code which shall be uniformly applicable to all citizens irrespective of their religion, race, sex, caste and creed. Uniform Civil Code, therefore, generally refers to that part of law which deals with family affairs of an individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or tribe.  UNIFORM CIVIL CODE AND INDIAN CONSTITUTION Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India. India is a unique blend and merger of codified personal laws of Hindus, Christians, Parsis and to some extent of laws of Muslims. However, there exists no uniform family related law in a single statutory book for all Indians which are universally acceptable to all religious communities who co-exist in India. The constitution, by virtue of Article 44, is very clear that unless a uniform civil code is followed, integration cannot be imbibed. However, the fact is that it is only a “directives principle” laid down in the constitution and as Article 37 of the Constitution itself makes clear, the directive principles “shall not be enforceable by any court”. Nevertheless, they are “fundamental...

Words: 3567 - Pages: 15

Free Essay

Textile Insdutries Guatemala and India

...Introduction The following investigative document presents an overview of the textile industries in two emerging countries: Guatemala and India. The document analyses, compares and contrast the differences in the institutional structures of both countries and offers specific details and analysis of the textile industries for local and international businesses. Guatemala Republic of Guatemala is located in Central America bordered by Mexico to the North, the Pacific Ocean to the southwest, and Belize to the North East Honduras and El Salvador to the southeast. The country is mountainous with small desert and sand dune patches, having many hills filled with people, except for the south coastal area and the vast northern lowlands of Petén department. Two mountain chains enter Guatemala from west to east, dividing the country into three major regions: the highlands, where the mountains are located; the Pacific coast, south of the mountains; and the Petén region, north of the mountains. All major cities are located in the highlands and Pacific coast regions; by comparison, Petén is sparsely populated. These three regions vary in climate, elevation, and landscape, providing dramatic contrasts between hot and humid tropical lowlands and colder and drier highland peaks. Volcán Tajumulco, at 4,220 meters, is the highest point in the Central American states. Demographics Guatemala is a country of youth; 70% of its population is less than thirty years old. The capital...

Words: 4120 - Pages: 17

Premium Essay

Final Exam

...1. "Everybody else does it":: is an example of one of the ways unethical conduct is rationalized. A city could condemn property: with slum housing and take it for use in the revitalization project for its downtown area. A company awards a contract to a firm owned by the father of the state attorney general while the company is under investigation by the state attorney general's office. The father and the company:: have a conflict of interest. 24. Corruption in international business operations:: undermines investment. Due process rights are: found in the fifth and fourteenth amendments. Due process rights are part of the:: Fifth Amendment. Expropriation is not: the act of state doctrine. Expropriation:: is the taking of private property by a government. Federal district courts have subject matter jurisdiction:: over criminal cases involving federal statutes. Foreign businesses conducting business within the United States:: are subject to both its civil and criminal laws. Gaining access to federal databases is a violation of the:: Federal Computer Fraud and Abuse Act. GATT is an example: of a multilateral treaty. GATT stands for the General Agreement on Tariffs and Trade, and is: an agreement among 100 countries to increase trade by reducing tariffs. 2. 25. 3. 26. 27. 28. 4. 5. 6. 7. A consent decree is comparable to: a nolo contendere plea A consent decree:: is the same as a plea of nolo contendere. A default in a lawsuit is like: a forfeit in sports...

Words: 2752 - Pages: 12

Premium Essay

Economics

...interest all over the world and this is all the more true for emerging economies like India which are gradually integrating with the rest of the world. Accordingly, the initiatives taken by the IGIDR to hold annual conferences on the topic of Money and Finance to bring together researchers and policymakers are indeed welcome. 2. With growing financial openness, globalisation and liberalisation, financial stability issues have come to the forefront. These issues have ranged from discussions on basic issues of the definition of financial stability itself to issues of measurement, issues of choice of instruments to achieve the objective of financial stability and even issues on the degree of activism that central banks should adopt in pursuing this objective. 3. Traditionally, it has been believed that monetary stability leads to financial stability. However, as the events of the 1990s show, it need not necessarily be the case. While there are complementarities between these two objectives, especially in the long run, the same need not hold in the short-run. A stable macroeconomic environment - low and stable inflation, sustained growth and low interest rates - can generate excessive optimism about the future economic prospects and often the risks are downplayed. Accordingly, episodes of financial instability often have their origins in environment of macroeconomic stability. Thus, macro economic stability need not necessarily always place an economy in financial stability in the...

Words: 3379 - Pages: 14

Premium Essay

Legal

...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...

Words: 18592 - Pages: 75

Premium Essay

Uniform Civil Code of India Eassy

...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...

Words: 18592 - Pages: 75

Premium Essay

Green Vehicle

...CONSUMER BEHAVIOUR A Case study on GREEN vehicles in India: A FUTURE MARKET FACULTY:- Dr. Himani Sharma FROM:- Aamir Saleem Roll No – C-022 MBA M&S Under: Taufeeque Ahmad Company: JLL India Ltd. Phone number: 09560427952 ABSTRACT The Indian automobile industry has emerged stronger from the recent global downturn, and sales across all segments have seen record breaking numbers in the recent past. While the Indian industry has much to look forward to, by way of steady growth in both domestic and export markets, there are some clear challenges accompanying the opportunities in greener vehicles and alternative mobility. The shooting upward trend of price of fuel, pollution and purchasing power of the people the Indian automobile industry look to create a segment of consumer that has demand for the “GREEN VEHICLES” that are more fuel efficient, less CO2 emission and low operating cost or can run on alternate fuel. KEYWORDS: Green vehicles, Alternate fuel, Hybrid cars, Eco-friendly, CNG/LPG vehicles, E-mobility INTRODUCTION Demographically and economically, India’s automotive industry is well-positioned for growth, servicing both domestic demand and, increasingly, export opportunities. A predicted increase in India’s working-age population is likely to help stimulate the burgeoning market for private vehicles. Rising prosperity, easier access to finance and increasing affordability is expected to see four-wheelers gaining volumes, although...

Words: 3976 - Pages: 16

Free Essay

Constitutional Law

...SCHOOL OF POSTGRADUATE STUDIES, FACULTY OF LAW SEMINAR PAPER ON COMPARATIVE CONSTITUTIONAL LAW COURSE TITLE: A COMPARATIVE ANALYSIS OF THE PROVISIONS OF FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY (CHAPTER 2) 1999 CONSTITUTION OF NIGERIA AND THE 1992 CONSTITUTION OF GHANA. PRESENTED BY: IWEBAFA GIFT ODIBO MAY 2014 I. Introduction Chapter two of the Nigerian Constitution of 1999 (as Amended) and Chapter Six of the Ghanian Constitution of 1992, both made provisions for the Fundamental Objectives and Directive Principles of State Policy, which are intended to guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties, and other bodies and persons in applying or interpreting the Constitution or any other laws.[1] The directive principles cover political objectives, economic objectives, social objectives, educational objectives, cultural objectives, international relations, and duties of citizens. The main issue that relates to the directive principles is their constitutional status; whether they are justiciable or not justiciable and this is applicable to both Ghana and Nigeria. A policy is a guide to the achievement of an objective. By constitutional policy, we mean the principles and objectives set out in the Constitution of the Federal Republic of Nigeria of 1999 (CFRN 1999) which act as a guide to achieving governmental objectives. A government without a guide is like an aircraft...

Words: 4486 - Pages: 18

Premium Essay

Non Market Stategy

...affecting business, lobbying, regulation and antitrust, intellectual property, international trade policy, and business ethics. Most core courses focus on firms’ interactions with customers, suppliers, and alliance partners in the form of mutually beneficial exchange transacted in markets. In contrast, this course considers the strategic interactions of firms with comparably important constituents, organizations, and institutions outside of markets. Issues considered include those involving activist and interest groups, the media, legislatures, regulatory and antitrust agencies, and international organizations such as the WTO. Markets and the business environment are increasingly interrelated: issues such as boycotts, legislation, regulation, judicial decisions, and trade policy directly affect firms’ market performance. Conversely, the profit-maximizing activities of firms often give rise to issues that involve governments and the public. For example, the market strategies of some ecommerce firms have sparked debates ranging from intellectual property protection to Internet privacy. Correspondingly, managerial decision-making almost always has ethical implications. More often than not, however, those ethical implications are viewed as implicit byproducts, rather than explicit...

Words: 5029 - Pages: 21

Premium Essay

Buddhism

...Rahula: “Buddhism is based on service to others”…political and social engagement is the “heritage of the bhikkhu” and the essence of Buddhism. Robert Thurman: “The primary Buddhist position on social action is one of total activism, an unswerving commitment to complete self-transformation and complete world-transformation.” Stated in simplest terms, engaged Buddhism means the application of Buddhist teachings to contemporary social problems. Engaged Buddhism is a modern reformist movement. A practitioner is socially engaged “in a nonviolent way, motivated by concern for the welfare of others, and as an expression of one’s own practice of the Buddhist Way” (King Being 5). In this description Sallie B. King invokes the spirit of the Bodhisattva vow: May I attain Buddhahood for the benefit of all sentient beings. According to Ken Jones engaged Buddhism is “an explication of social, economic, and political processes and their ecological implications, derived from a Buddhist diagnosis of the existential human condition” (Kraft New). Jones emphasizes the social theory underlying engaged Buddhism. According to engaged Buddhists the “three poisons” of greed, anger and ignorance apply both to the individual and to “large-scale social and economic forces” (Kraft New); their remediation is therefore the collective concern of society. As the subject of numerous treatises, anthologies, lectures and symposiums, engaged Buddhism plays a vital role in the twenty-first century dialogue...

Words: 23858 - Pages: 96

Free Essay

Magryb

...islamic leviathan religion and global politics John L. Esposito, Series Editor University Professor and Director Center for Muslim-Christian Understanding Georgetown University islamic leviathan Islam and the Making of State Power Seyyed Vali Reza Nasr Islamic Leviathan Islam and the Making of State Power Ú seyyed vali reza nasr 1 2001 3 Oxford Athens Chennai Kolkata Nairobi New York Auckland Bangkok Bogotá Buenos Aires Cape Town Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madrid Melbourne Mexico City Mumbai Paris São Paul Shanghai Singapore Taipei Tokyo Toronto Warsaw and associated comapnies in Berlin Ibadan Copyright © 2001 by Seyyed Vali Reza Nasr Published by Oxford University Press, Inc., 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Nasr, Seyyed Vali Reza, 1960 – Islamic leviathan : Islam and the making of state power / Seyyed Vali Reza Nasr. p. cm.—(Religion and global politics) Includes bibliographical references and index. ISBN 0-19-514426-0 1. Malaysia—Politics and government. 2. Islam and politics—Malaysia. 3. Pakistan—Politics and government—1988...

Words: 112674 - Pages: 451

Free Essay

As, Ca, Pdf

...14  NEW DEFINITION OF FDI  16  REFORMS IN POWER DISTRIBUTION  16  SECURITIES LAWS (AMENDMENT) BILL 2014  18  JUVENILE JUSTICE BILL, 2014  18  HUMAN DEVELOPMENT: INTERNATIONAL COMPARISON  19  INEQUALITY  20  SOCIO‐ECONOMIC PROFILE OF STATES AND INTER‐STATE COMPARISONS  21  ASER 2013: Main Findings  23  SKILL DEVELOPMENT  24  HOW INDIA NEEDS TO FACE CLIMATE CHANGE  24  AGENDA FOR ECONOMIC REFORMS  28  INFRASTRUCTURE  30  WHY LONG‐RUN MATTERS  30  FIVE PRONGED STRATEGY TO CONTROL INFLATION  31  URJIT PATEL COMMITTEE  32  Some Major Issues in India's Merchandise Trade Sector  32  MAKE IN INDIA OPPORTUNITY  34  Make for India or Make in India – The debate begins!  37  VULNERABILITY COMPARISON OF INDIAN ECONOMY  38  PM JAN DHAN YOJANA  39  COOPERATIVE FEDERALISM  40  ZERO DEFECT, ZERO EFFECT  41  DIGITAL INDIA  42  TWO FACTOR IDENTIFICATION ISSUE  43  MINSK AGREEMENT  44  WILFUL DEFAULT  44  © EssaysforIIM.com 2014‐15   Page 1 Issues for IIM PI Process http://www.essaysforIIM.com   ‘MAKE IN INDIA’  45  Features of the ‘Make In India’ campaign .............................................................................................. 46  PM MODI’S ADDRESS TO UN GA  46  ‘CHALEIN SAATH SAATH’  47  DEEPAK PAREKH COMMITTEE ON INFRASTRUCTURE  48  ‘JAPAN PLUS’  ...

Words: 128478 - Pages: 514

Premium Essay

Medi

...concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments, with 4,400 words.[6] Contents Etymology General features History and development Pre-modern constitutions Ancient Mesopotamia Antiquity Middle Ages Iroquois "Great Law of Peace" Modern constitutions Democratic constitutions Principles of constitutional design Governmental...

Words: 9424 - Pages: 38