False


Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Judicial Deferment and Inactivism UPSC NOTE

SHARE:

  Judicial Inactivism Chad M. Oldfather's concept of "judicial inactivism" refers to when courts fail to make decisions , whi...

 Judicial Inactivism

  • Chad M. Oldfather's concept of "judicial inactivism" refers to when courts fail to make decisions, which can be as damaging as judicial overreach.

  • Judicial inaction is harder to detect but more dangerous because it allows issues to remain unresolved, creating uncertainty.

  • Courts have a "duty to decide," and failing to meet this duty can have serious consequences for the legal system and society.

Sambhal Masjid Case and Judicial Deferment

  • The Supreme Court deferred the Sambhal Masjid case to lower courts, refusing to take a strong stance on the issue.

  • The Court ordered a civil court freeze on the proceedings and suggested other legal remedies, which resulted in temporary relief but no final decision.

  • The Court's reluctance to rule on the matter highlights a trend of judicial deferment, avoiding direct engagement with controversial issues.

Failure to Uphold the Places of Worship Act

  • The Places of Worship (Special Provisions) Act, 1991, prohibits altering the religious character of places of worship since August 15, 1947.

  • The Act has been repeatedly violated by courts, including the Supreme Court, leading to prolonged legal battles on issues like the Gyanvapi and Babri Masjid.

  • The Court's failure to uphold the Act and decide on its validity has allowed challenges to the law to persist, which undermines its core objectives of secularism and social harmony.

Past Examples of Judicial Deferment

  • In the Shaheen Bagh case (2020), the Supreme Court formed a committee to mediate between protesters and the government, instead of adjudicating the legality of the Citizenship (Amendment) Act (CAA).

  • In the Rakesh Vaishnav case (2021), the Court formed an expert committee to mediate between farmers and the government over the farm laws, rather than ruling on their legal validity.

  • In both cases, the Court failed to fulfill its duty to make decisions, relying instead on mediation to avoid direct legal adjudication.

  • The failure to decide on the farm laws led to the laws being repealed due to mass protests, not through judicial intervention.

A Missed Opportunity in the Ayodhya Case

  • In the Ayodhya judgment (2019), the SC acknowledged the importance of the Places of Worship Act but still allowed the demolition of the Babri Masjid and the construction of a temple on the site.

  • SC also ordered an alternative site for a mosque, but it contradicted its own acknowledgment of the Act by allowing a survey of the Gyanvapi Mosque, breaching the Act's provisions.

  • The Court's failure to assert the validity of the Places of Worship Act in this case further weakened the law’s standing.

Lack of Judicial Will

  • The Supreme Court had an opportunity in the Sambhal case to decisively uphold the Places of Worship Act, but it chose not to.

  • The Court's failure to take a firm stance on the validity of the Act in the face of ongoing challenges reflects a lack of judicial will.

  • A more assertive judicial posture could have prevented the continued erosion of the Act and provided clarity on the issue.

COMMENTS

Name

Amritsar,1,April 2024,301,Art & Culture,12,August 2023,251,August 2024,400,Courses,7,Daily Current Affairs,51,December 2023,189,December 2024,340,Disaster Management,2,Environment and Ecology,347,February 2024,228,Foundation Course,1,Free Class,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,332,Govt Schemes,2,GS 2,1,GS1,74,GS2,583,GS3,410,GS4,5,GST,1,History,12,Home,3,IAS Booklist,1,Important News,71,Indian Economy,328,Indian History,27,Indian Polity,352,International Organisation,12,International Relations,277,Invasive Plant,1,January 2024,240,January 2025,118,July 2023,281,July 2024,375,June 2022,6,June 2023,268,June 2024,324,March 2024,238,May 2022,17,May 2024,330,Mentorship,2,November 2023,169,November 2024,341,Novermber 2024,2,October 2023,203,October 2024,369,Places in News,2,SC,1,Science & Technology,345,Science and Technology,121,September 2023,205,September 2024,336,UPSC CSE,115,UPSC Tips,4,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Judicial Deferment and Inactivism UPSC NOTE
Judicial Deferment and Inactivism UPSC NOTE
https://lh7-rt.googleusercontent.com/slidesz/AGV_vUc_ZR1RqsJ4PbAJJKlxkQdDEbJVJ0HAP8WyIKurBtUnpZg-jn9nrDj9RrTIm3wIbZAkYGQk-TowCPJvPF6ddUx0BpRGXLzIz0fnS2K8UtJ9ryS5MvasvzjMeEnCO4jHvxrFztWp_CWl_Ad_sCeHwyw=s2048?key=S9R8WBY1jiuFNpwkL0mMB-ja
https://lh7-rt.googleusercontent.com/slidesz/AGV_vUc_ZR1RqsJ4PbAJJKlxkQdDEbJVJ0HAP8WyIKurBtUnpZg-jn9nrDj9RrTIm3wIbZAkYGQk-TowCPJvPF6ddUx0BpRGXLzIz0fnS2K8UtJ9ryS5MvasvzjMeEnCO4jHvxrFztWp_CWl_Ad_sCeHwyw=s72-c?key=S9R8WBY1jiuFNpwkL0mMB-ja
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/12/judicial-deferment-and-inactivism-upsc.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2024/12/judicial-deferment-and-inactivism-upsc.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content