Judicial activism, while having its merits in ensuring justice and upholding the rights of citizens, also has certain demerits. Here are three notable ones:
- Subjectivity in Law: Judicial activism may lead to decisions based on personal beliefs or opinions of judges rather than strict adherence to existing laws. This subjectivity can result in unpredictable and inconsistent rulings.
- Democratic Imbalance: It might interfere with the democratic process by allowing unelected judges to make decisions that could override those made by elected representatives, potentially infringing on the principle of separation of powers.
- Limiting Government Function: Excessive judicial activism can restrict the functioning of the legislative and executive branches, as it may lead to a situation where these bodies are hesitant to take actions that could be overturned by judicial review.
These demerits highlight the importance of maintaining a balance between judicial intervention and the autonomy of the legislative and executive branches to ensure a harmonious functioning democracy.