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Activism · Part 2

Chapter 4: 4 · POLITICAL SCIENCE

been filed in the court of law. As in a case was decided by the Supreme Court named Common cause society Vs. Union of India. In this Public interest Litigation, the petitioner filed a Public interest Litigation praying to the court to enact a road safety act in view of the numerous road accidents.

Secondly, in the Sangammal Pandey Vs. State of UP case the Lucknow bench of the High Court stayed construction activities near Kanshiram memorial up to a specific date. In the Peoples union for democratic rights Vs. Union of India case, the Supreme Court permitted Public interest Litigations ( at the instance of ‘public spirited citizens’ for the enforcement of Constitutional and legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach the courts for relief.

Public interest Litigation is a part of the process of ‘participate justice’ and standing in civil litigation, of that pattern which has liberal reception at the judicial doorsteps. In the Parmanand Katara vs. Union of India case the Supreme Court held in the Public interest Litigation filed by a human rights activist fighting for general public interest, that it is a paramount obligation of every member of the medical profession to give medical aid to every injured citizen as soon as possible without waiting for any procedural formalities. The law making has assumed new dimensions through judicial activism of the courts.

The judiciary has adopted a healthy trend of interpreting law in social context. Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law. The question Parmanand Katara of judicial activism is closely related to Constitutional interpretation, statutory constructions and separation of powers. The Indian judiciary, being a wing of the State has thus played a more activist role than its US counterpart in seeking to transform Indian society into a modern one, by enforcing the modern principles and ideas in the Constitution through court verdicts.

Article of the Constitution has

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