SYNOPSIS FOR ‘RULE OF LAW AND JUDICIAL ACTIVISM’

STUDENT’s NAME : PRIYA PANDEY

ENROLLMENT NO. : A8101819133

PROGRAMME : LL.M

SESSION - 2019 TO 2020

INDUSTRY / ORGANISATION ; AMITY UNIVERSITY

NAME AND ADDRESS : AMITY LAW SCHOOL , AMITY

UNIVERSITY , LUCKNOW

EXTERNAL GUIDE NAME - PROF. J.P YADAV

DESIGNATION : HEAD OF DEPARTMENT

CONTACT DETAILS : MOBILE - 7905443268

E-MAIL ID - iampriyap91@gmail.com

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 PROJECT INFORMATION

I. PROJECT TITLE : ‘RULE OF LAW AND JUDICIAL ACTIVISM’

II. PROJECT OBJECTIVES : To find out the answers for the following -

1)What are the true conception, interpretation and misinterpretation of the judicial
activism. ?
2) What are the true conception, interpretation and misinterpretation of the
Rule of law.?
3) What is the relationship between rule of law and judicial review.?
4) Whether judicial activism is undermining or rather strengthening rule of law.?
5) whether the executive and legislature requires interference of judiciary.?
6) whether there is independence of judiciary in INDIA ?
7) What is the doctrine of rule of law and separation of powers, its
application and importance.?
8) What are the binding force of precedents on subordinate courts, High Courts
and reaction of Hon’ble Supreme Court in case of failure.

III. METHODOLOGY TO BE ADOPTED :.The method of the Research Employed

in this Dissertation is doctrinal type of research. The doctrinal method is used by
the researcher to analyze the legal propositions and to verify the hypothesis by
a first hand study of sources. Both secondary and primary sources have been
relied upon. The primary sources relied upon are The Constitution of India and
the secondary sources are the books journals articles, case laws which have
been enclosed under the head of bibliography.

IV. SUMMARY OF THE PROJECT :

The Project discuss the common concepts of Judicial activism and Rule of Law in
which some of the judgments, identified as activist and for which the judiciary in
India has been well complimented for the active role performed by the judiciary is
briefly discussed. The researcher has focused on the land mark Judgements of
Hon’ble Supreme Court and various High Courts to show the intention of the
judiciary in interpreting the law as to fulfil the societal needs through writ
jurisdiction. A several areas in which special contribution has been made by the

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Indian judiciary towards promotion of various sociological developments in the form
of variety of sublime rights enriched under article 14 of the Constitution have briefly
discussed in this chapter. And also added the list of the Rights guaranteed
particularly in respect of Article 14 of the Constitution.

SIGNATURE SIGNATURE SIGNATURE

(STUDENT) (EXTERNAL GUIDE ) (FACULTY GUIDE )

DATE OF SUBMISSION : 21/10/2019