Judicial Activism in India – An Overview

Judicial Activism in India – An Overview

Author Name : Dr. I. S. Kishore Mathew Arnold

DOI: https://doi.org/10.56025/IJARESM.2024.1211241554

Judicial activism has played a transformative role in shaping India's constitutional law, actively influencing its development in response to evolving societal needs. This paper explores the key features of judicial activism in India, highlighting the judiciary’s dynamic and responsive interpretation of the Constitution to address contemporary issues. Through its proactive application, the Indian judiciary has expanded the scope of fundamental rights, facilitated public interest litigation (PIL), addressed environmental concerns, championed social justice, and safeguarded human rights. In doing so, the courts have acted as a crucial check on the powers of the executive and legislature, ensuring a balance of power while upholding constitutional principles. Judicial activism has contributed significantly to adapting the Constitution to meet the demands of modern-day India. However, it has also faced criticism for potential overreach and the risk of judicial encroachment into areas traditionally governed by the legislature and executive. The paper also analyses the advantages and drawbacks of judicial activism in Indian society.