Exploring Judicial Activism In India: Emerging Trends, Case Studies, And Structural Challenges

Abhirami P, LLM (Commercial Law), Bharata Mata School of legal Studies, Aluva

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ABSTRACT

Judicial activism has been instrumental in transforming India’s constitutional and social framework by amplifying marginalized voices and addressing gaps in governance. This article explores its evolution, beginning with landmark cases like the Kesavan Anda Bharati and Maneka Gandhi judgments, which redefined constitutional principles and expanded fundamental rights. The advent of Public Interest Litigation (PIL) further empowered citizens, enabling the judiciary to tackle critical societal issues and hold other branches of government accountable. The discussion highlights recent trends in judicial activism, including its proactive role in expanding fundamental rights, such as recognizing the right to privacy and decriminalizing Section 377. The judiciary’s interventions in areas like environmental protection, gender equality, and the rights of underprivileged communities are also examined. Furthermore, the integration of technology, such as virtual courts and digitization, has influenced judicial processes, marking a significant shift in its approach to activism.

However, judicial activism in India is not without challenges. Concerns over judicial overreach and the dilution of the separation of powers raise questions about its role in a democracy. Additionally, systemic issues like the backlog of cases, difficulties in accessing justice for marginalized groups, and the need for increased judicial accountability present significant obstacles. The tension between activism and restraint is underscored, emphasizing the importance of adhering to constitutional limits. A comparative analysis with global practices highlights the unique trajectory of judicial activism in India while offering valuable insights for improvement. These perspectives help frame the Indian judiciary’s role in the broader context of democratic governance. The article concludes by reaffirming the judiciary’s crucial role in protecting constitutional values and ensuring justice. It advocates for reforms to address structural limitations, balance activism with judicial restraint, strengthen institutional capacity, and enhance transparency. By doing so, the judiciary can continue to serve as a cornerstone of democracy and a protector of constitutional rights in India.

Keywords: Judicial Activism, Constitutional framework, Marginalized voices, Public Interest Litigation (PIL), Fundamental rights, Judicial overreach.