How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Judicial activism is closely related to the protection of fundamental rights. It has democratised the judicial system by giving access to the courts not just to individuals but also to groups. This has been particularly beneficial for those whose rights were violated but could not approach the court on their own.
Public Interest Litigation (PIL) and judicial activism have made it possible for courts to consider various violations of rights. For instance, the right against exploitation prohibits forced labour, trade in human flesh, and employment of children in hazardous jobs. PIL and judicial activism enabled the courts to take up cases related to such violations.
The courts have considered a whole set of cases due to judicial activism: the blinding of jail inmates by the police, inhuman working conditions in stone quarries, sexual exploitation of children, and so on. This trend has made rights really meaningful for the poor and disadvantaged sections of society.
Yes, judicial activism has helped in expanding the scope of fundamental rights. It has forced executive accountability and made rights accessible to those who previously could not approach the courts. It has also contributed to electoral reforms by asking candidates contesting elections to file affidavits indicating their assets, income, and educational qualifications.
Thus, judicial activism has revolutionised the functioning of the judiciary and made it more people-friendly, ensuring that fundamental rights are not just theoretical but practically enforceable for all citizens.
Explanation
The answer draws directly from the textbook context which explains how judicial activism and PIL have democratised access to courts, made rights meaningful for the poor and disadvantaged, and forced executive accountability. The context provides specific examples like the right against exploitation, blinding of jail inmates, inhuman working conditions in stone quarries, and sexual exploitation of children. It also mentions electoral reforms as an expansion of rights through judicial activism.
Solution Steps
Step 1: Explain the relationship between judicial activism and fundamental rights protection
Step 2: Discuss how PIL enabled courts to consider rights violations
Step 3: Provide specific examples from the context of rights expansion
Step 4: Conclude with how judicial activism made rights meaningful for disadvantaged sections