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UPSC Optional 2026Question 11Public AdministrationAccountability and Control250 words

The fine demarcation between judicial control and judicial overreach disappears when judicial prudence is replaced by activism. Critically examine. (Answer in 250 words)

Model answer & approach

- The fine demarcation between judicial control and judicial overreach disappears when judicial prudence is replaced by activism. Critically examine. (Answer in 250 words)
Introduction
Judicial control is essential to uphold constitutionalism, rule of law and rights, whereas judicial overreach arises when courts enter domains constitutionally assigned to the legislature or executive. The distinction depends heavily on judicial prudence and institutional restraint.
Body
Judicial Control – Legitimate Role:
1. Judicial Review: Courts examine the constitutionality of laws and executive actions.
2. Protection of Rights: Through Articles 32 and 226, courts safeguard fundamental rights against arbitrary state action.
3. Administrative Accountability: Courts enforce principles of natural justice, proportionality and reasoned decision-making.
4. Filling Legal Vacuums: In exceptional cases, guidelines such as in Vishaka v. State of Rajasthan may protect rights until legislation is enacted.
When Activism Becomes Overreach:
1. Courts may prescribe detailed policies or administrative procedures despite lacking technical expertise.
2. Excessive intervention can weaken the separation of powers and democratic accountability of elected institutions.
3. Continuing mandamus and judicial monitoring may effectively convert courts into administrators.
4. Judicially created policy may lack consultation, financial assessment and institutional capacity considerations.
However, activism cannot automatically be equated with overreach. In situations of executive inaction, legislative vacuum or serious rights violations, proactive courts may be indispensable.
The key test should be whether intervention is constitutionally grounded, necessary, proportionate and respectful of institutional competence.
Conclusion
Thus, judicial activism strengthens democracy when exercised with constitutional prudence and self-restraint; without these, legitimate judicial control can blur into overreach and disturb the institutional balance of governance.
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