Q1. Who coined the term “Judicial Activism”?
- Justice V.R. Krishna Iyer
- Arthur Schlesinger Jr.
- Justice P.N. Bhagwati
- Justice O. Chinnappa Reddy
Correct Option: 1. Arthur Schlesinger Jr.
Explanation: The term “Judicial Activism” was first coined by American historian Arthur Schlesinger Jr. in 1947. The term described the proactive role of the judiciary in public matters, particularly when judges made decisions based on personal views about public policy.
Q2. Which of the following is considered the most popular form of judicial activism in India?
- Judicial review
- Judicial restraint
- Public Interest Litigation (PIL)
- Judicial adventurism
Correct Option: 3.Public Interest Litigation (PIL)
Explanation: Public Interest Litigation (PIL) is considered the most popular form of judicial activism in India. Through PIL, courts can address issues affecting the public, especially when other branches of government fail to act.
Q3. Which of the following is a justification for judicial activism?
- When the legislature and executive fail to discharge their duties
- The need for a strong judiciary to challenge the executive
- The judiciary’s reluctance to intervene in political matters
- Judges’ adherence strictly to precedents
Correct Option: 1. When the legislature and executive fail to discharge their duties
Explanation: Judicial activism is justified when the legislature and executive fail to perform their duties effectively, resulting in a void that the judiciary steps into to protect the rights and interests of citizens. This is especially true when these organs of government fail to act on crucial issues.
Q4. What does judicial restraint emphasize?
- Expanding the judiciary’s role in policy-making
- Advocating for social engineering through judicial decisions
- Judicial intervention in executive matters
- Limiting the judiciary’s role to interpreting the law
Correct Option: 4. Limiting the judiciary’s role to interpreting the law
Explanation: Judicial restraint advocates for limiting the role of judges to strictly interpreting the law without engaging in policy-making. Judges are expected to adhere to the original text of the law and constitution and avoid imposing personal political views.
Q5. Which of the following is NOT a fear generated by judicial activism?
- Ideological fears
- Management fears
- Epistemic fears
- Judicial restraint fears
Correct Option: 4. Judicial restraint fears
Explanation: Judicial restraint fears are not typically associated with judicial activism. The concerns regarding judicial activism are more related to ideological, epistemic, management, legitimation, and democratic fears, as discussed by scholars like Upendra Baxi.