Article 21 at Epidemics like Covid 19: A Stepping Stone for Judicial Creativity
Author(s):
Biju Antony, Suranya S Kumar
Keywords:
Article 21, right to live, Judicial creativity, Covid 19, judicial activism
Abstract
The judiciary being independent in a democratic set up may have a tendency to tilt towards judicial activism where judges interrupt their own personal feelings and selfish motives into a sentence or conviction, instead of upholding the laws of the land. Judicial activism mostly harms the public at large. It is a deviation from the law that is passed by the legislature. Repeated interference of the courts can wear away the faith of the people in government institutions. The interventions of the court at a time like Covid 19 can be called judicial creativity than judicial activism since it is for the assistance of the people at large where the courts remind the government to act up to the standards expected by the people and the constitution of India especially in Article 21. The application of Article 21 at Covid 19 the courts become a humanitarian and become more nearer and dearer to the people. Article 21, right to life enables the Supreme Court and High Courts of India to give humanitarian verdicts by which state has to wake up and act for the welfare and attainment of basic needs life like oxygen, affordable treatment, facilitation to live etc.
Article Details
Unique Paper ID: 159717

Publication Volume & Issue: Volume 9, Issue 12

Page(s): 363 - 367
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