Civics

Distinguish between judicial activism and judicial restraint.


SOLUTION
The primary distinction between the two terms is that- 

Judicial activism is a progressive term it is used in a positive way. It gives the power to the court to exercise its jurisdiction wherever it is necessary. 
Practices like filing of Public Interest Litigation for an area has increased the role of the judiciary and judges in the making of social policies. It gives power to the court to struck down the statutes, policies and previous judgments that are unjust.

Whereas, Judicial Restraint is used in a negative sense and it limits the role of the judges to strike down an act of a law unless they are unconstitutional at the face of it. therefore, the court also presumes the constitutionality of a statute unless proved otherwise. 
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Subjective Medium Published on 15th 09, 2020
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