Topic :- Judicial Activism

& Role of NGO’s

CHAPTER-1INTRODUCTION

• 1.1 INTRODUCTION: The concept of judicial activism which is another name for

innovative interpretation was not of the recent past: & was coined in 1804 when Chief Justice Marshall , decided Marburg V. Madison.

There is no precise definition of “Judicial Activism” but it is widely accepted notion that it is related with the problems & processes of political developments of the Country as to Prof. Upendra Bali.

“Judicial Activism is that way of exercising judicial power which seeks fundamental re-codification of power relations among the culminant institutions of State manned by Members of the ruling classes.

• 1.2 Resarch Methodology The methodology opted for the project has been theoretical &

doctrinal throughout the resarch the matter for the project has been collected from different sources such as books, magazines, journals &internet etc.

• 1.3 Resarch Objectives : The purpose of the resarch are the following :1. To study the meaningof judicial activism.2. To study the role of Judges in Judicial activism.3. To study the impact of judicial activism on modern Indian

Society.4. To study the role of NGO’s in Judicial Activism.

CHAPTER-2Judicial Activism : Meaning & Scope . Judicial Activism refers to the interference of the judiciary in

the legislative & executive fields. It mailnly occurs due to the non-activity of the other argans of the government.

Judicial activism is a way through which relief is provided he the disadvantaged & aggrieved citizens.

Today judicial activism is not confined only to the infringement of fundamental rights of the citizens as are expressly enshrined in part-III of the constitution, but widened its scope by making a very huge interpretation of the soul of the constitution “Act-21” ensuring healthy environment for a human being to be nurlured.

CHAPTER-3Public Interest Litigation : An Innovative

step towards Judicial Activism

Judicial Activism was made possible in India, thanks to PIL (Public Interest Litigation).

Justices P. N. Bhagwati & V.R. Krishna Ayur have played a pay role in promoting the avenue of approaching the apex court of the country, seeking legal remedies in areas where public interests tare at state.

Initially there was a rule of “Locus standi” which means the right to be heared. The legal Coltrane :Jus ferity” applying that no one except the affected person can approach a court for a

legal remedy was holding the field both in respect of private & public law adjudications until it was overthrown by the PIL wave.

After the constitution (Twenty Fifth Amendment Act, 1971), primary was given to Directive Principals of State Policy by making them enforceable. The courts to improve administration by taking up PIL cases, for ensuring compliance constitutional provisions has also increased.

CHAPTER-4Role of NGO’s in Judicial Activism

Non Governmental Organization play a pivotal role ensuring & extending a helping hand to the indigent persons or to the deprived persons who are at the lowest strata in the society by approaching court on behalf of these persons through PIL & Fitch justice them.

Variety of roles play by NGO’s are:i. The social welfare role : where relief &charity are pay actions.

NGO’s in this role can be seen as initiating programs & projects.

ii. The mediatory role ; where communication as a skill is important for development & social action NGO’s in this role can be seen as participating or taking up external programs & projects.

iii. Advocacy for & with the poor : In some cases, NGO’s become spokes persons or ombudsman for the poor & attempt to influence government policies & programs on their behalf. This may be done through a variety of means ranging from demonstration & pilot projects to participation in public forums & the formulation of government policy & plans, to publicizing research results & case studies of the poor. Thus, NGO play roles from advocates for the poor to implementers of government programs: from agitators & critical to partners & advisors, from sponsors of pilot projects to mediators.

Organizations like Saheli, Chetna Vishakha & grp.are actively involved in the protection of women’s Rights. They provide free legal aid to women to fight for their rights against gender bias & discrimination.

CHAPTER-5Conclusion & Suggestions !

i. Though NGO’s play a philanthropic role & works for the welfare of the poor people & in the interests of the society but, as a matter of fact, today most NGO’s are becoming or converting into profit making establishment which enhance their bank balance by the aid or donations from the national &international sources under the guise of non-profit organization, hence it is suggested that these NGO’s which brings disrespect to this organization should be vigilance & where the money collected has been admonish freed through appropriate machinery.

ii. NGO’s is a necessary organization in a democratic, setup where all the citizens adorned with equal rights, it gives or speaks on behalf of the people who do not raise voice for themselves, in order to function this organization freely & appropriately, it is

advice that people who have enough sources must extend their helping hands for these done trodden to bring them in the mainstream. Thus , other people as well must realize their responsibility as being good citizen of the country.

iii. NGO’s does philanthropic work such as imparting education, constructing toilets & other buildings hence, works for the buildings hence, works for the development, but many businessmen open NGO’s are tax-free organizations or institutions thus, it is advice that these NGO’s must be made to maintain a register of their arrest & liabilities & the sources of their income, & an appropriate authority should be appointed to took into these affairs & NGO,s should not be relieved from the ambit of taxation, in order to curb the corrupt practices being held under the guise of non profit making institutions