Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions.
Its emergence can be traced back to 1893, when Justice Mahmood of Allahabad High Court delivered a dissenting judgement.
It was a case of an under trial who could not afford to engage a lawyer, So the question was whether the court could decide his case by merely looking his papers, Justice Mahmood held that the pre-condition of the case being “heard” would be fulfilled only when somebody speaks.
The following trends were the cause for the emergence of judicial activism — expansion of rights of
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