What is Judicial Activism?

Judicial Activism is a proactive approach where judges believe they can go beyond the letter of the law. Moreover, they consider the broader societal implications of a case and may even overturn existing laws if deemed unconstitutional. This approach stands in contrast to Judicial Restraint, where judges let the Legislature and Executive branches make more decisions. Furthermore, sometimes they interpret laws and the Indian Constitution in a way that influences social change. Read on to learn more in detail about Judicial Activism and Judicial Activism in India. 

What is Judicial Activism in India?

India’s vibrant Democracy has seen the Judiciary have an important part in protecting Fundamental Rights. 

• Furthermore, there are some milestone judgments on issues like the Right to Information, the Right to Education, and environmental protection that have all originated from Judicial Activism. 
• Additionally, the Judiciary has stepped in to address issues where the Legislature or Executive have been slow to react.

Also Read: What is Judicial Review in India?

What is Judicial Activism through PIL?

Public Interest Litigation (PIL) is a powerful tool that facilitates Judicial Activism. 

• Any citizen can file a PIL to bring attention to violations of the Fundamental Rights of a large group of people, even if they are not directly affected.  
• PILs have been instrumental in tackling issues like pollution, bonded labour, and prison reforms.

However, Judicial Activism is a double-edged sword. 

• There are critics who argue that judges are unelected officials who should not overstep their bounds and encroach on the territory of the legislature. 
• Moreover, they believe this Activism can lead to an overreach and hinder the democratic process.

Despite the debate, Judicial Activism has undeniably had a noteworthy role in shaping a more just and equitable India. It compels the Government to be accountable and guarantees the Fundamental Rights in the Indian Constitution are upheld. The ongoing dialogue about the appropriate role of the Judiciary guarantees a healthy balance between judicial intervention and democratic principles.

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