Judicial restraint
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
Judicial restraint is the idea that courts should hold back. They should respect the choices of elected bodies on matters of policy. They should strike down a law only when it is clearly unconstitutional, and decide no more than the case in front of them needs. It is the opposite of judicial activism. Supporters say elected bodies answer to the people, so policy should be their job.
Example
In BALCO (2002) and Aravali Golf Club (2008), the Supreme Court said courts should not interfere in policy matters, which are for the government and the legislature.
Don't confuse with
- Judicial overreach: overreach is the charge that courts take over other organs' work. Restraint is the opposite habit of staying out of policy.