The Supreme Court on 12 December 2017, Had Directed that _________ Special Criminal Courts, to Be Set up to Exclusively Deal with Cases Involving _________ Should Start Functioning from March 1, 2018. - Legal Reasoning

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MCQ

The Supreme Court on 12 December 2017, had directed that _________ special criminal courts, to be set up to exclusively deal with cases involving _________ should start functioning from March 1, 2018.

Options

  • 12, MPs/MLAs

  • 12, Rape Accused

  • 24, child-sexual abuser

  • 24, Terrorism related offences

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Solution

12, MPs/MLAs

Explanation:

The Supreme Court had approved the Centre's proposal to set up 12 special courts across the country to try "1581 criminal cases" pending against MP, MLA, and directed that they are made operational by March 1, 2018.

Concept: Important Court Decisions (Entrance Exams)
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At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.

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At the outset, it has to be stated that there is no precise definition of judicial activism accepted by one and all. However, there is a widely accepted notion that it is related to problems and processes of political development of a country. In other words, judicial activism deals with the political role played by the judiciary, like the other two branches of the State, the legislature and the executive. An eminent Indian jurist defines judicial activism in the following words: Judicial Activism is that way of exercising judicial power which seeks fundamental recodification of power relations among the dominant institutions of State, manned by members of the ruling classes.

The same authority goes on to add that judicial activism is the use of judicial power to articulate and enforce counter-ideologies which when effective initiates significant re-codifications of power relations within the institutions of governance. An analysis of the above attempt by Upendra Baxi to define judicial activism shows that activism of the judiciary pertains to the political role played by it, like the other two political branches. The justification for judicial activism comes from the near collapse of responsible government and the pressures on the judiciary to step in aid which forced the judiciary to respond and to make political or policy-making judgments.

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