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Not More than "Normative Activism"?



Why do we really care about "Judicial Activism"? Indian Courts are the most powerful courts in the world, at least higher judiciary, with minimum effectiveness. How many judgments are taken seriously by the State? Be it police reform, prison reform, child rights, women's rights, misuse of public office, or corruption, etc., judgments remained as discursive assets, most of the time used by the law teachers and students for class-room discussions. Advocates, of course, make their life better by quoting some paragaraphs from here and there.

Why don't we label it as "Normative Activism"? Some of the Judgments are valuable as norms, at least, judgments are valuable than text books on law.

Prakash Singh, Former DGP,  did play an instrumental role in bringing up the matter of police reform before the apex court with sensitivity and urgency. The Supreme Court of India passed some significant guidelines for police reform. Until now, no significant progress could be traced except a few cosmetic changes. The only change, whereas the Supreme Court and various High Courts of the country played a leadership role with the active participation of social activists and reformers, was the inventive step vis-a-vis "Social Action Litigation" (Upendra Baxi, "Taking the Suffering Seriously"). Thereafter, judicial process sublated at par the "Status of Indistinction" between discursive power and juridical power. The normative activism has its own finite limitations. Future of the Nation would be safe, at least, freedoms could be emancipated from the shackles, only if the judicial process enters into the framework of, to quote Abraham Lincoln, "for the people, of the people, and by the people".

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