Bidisha Kole, LL.M. (Corporate law), Bankura University, B.A.LL.B. (Calcutta University), West Bengal, India
ABSTRACT
The Indian justice system is vital in safeguarding the rights of citizen and upholding integrity of the legal and constitutional framework. This research examines the nuanced concepts of judicial activism and creativity within the Indian judicial system. Since its inception, judicial activism has been a crucial aspect of the Indian judiciary’s evolution, guided by principles of fairness and justice. Particularly, the Supreme Court has adopted a proactive approach, employing innovative methods to interpret the Constitution dynamically. This shift has been especially notable with the introduction of PIL, where the judiciary actively advocates for marginalized communities. However, the exercise of judicial activism faces challenges and criticisms, including concerns about overstepping boundaries, encroaching upon the responsibilities of the Legislature and Executive and also the potential for personal biases to influence judgments. Therefore, this study also explores the importance of maintaining a balanced approach, advocating for judicial restraint alongside activism. Recommendations are proposed to improve the functioning of the Indian judicial system, focusing on transparency, accountability. The study emphasizes the role of judicial creativity in addressing contemporary legal complexities, while also cautioning against excessive judicial interference that could undermine judicial stability.
Keywords: Judicial Activism, Judicial Creativity, Indian Judiciary, Judicial Restraint, Judicial Overreach.
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