Judicial Activism: A Constitutional Necessity
- IJLLR Journal
- 1 hour ago
- 1 min read
Smriti Dwivedi, B.B.A. LL.B. (H), Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow.
Dr. Pradeep Kumar, Associate Professor, Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University (A Central University), Lucknow.
ABSTRACT
This paper analyses the idea of judicial activism in India, advocating for its constitutional importance in maintaining democratic principles and safeguarding citizens’ rights. Examining its roots and development, the research underscores how judicial activism became significant in the 1970s and 1980s, especially through Public Interest Litigation (PIL). The judiciary has significantly influenced the interpretation of Article 21 to acknowledge several rights, including the right to education, privacy, shelter, and livelihood. The article examines how judicial activism has addressed gaps left by the legislature and executive, referencing significant cases such as Bandhua Mukti Morcha, Vishaka, and Kesavananda Bharati. It likewise highlights the judiciary’s distinct role in operating based on reason and legal principles, instead of political motivations. In conclusion, the document asserts that although judicial activism has strengthened the Rule of Law and constitutional ethics, it should be paired with judicial restraint to prevent compromising the separation of powers vital to democratic governance.
