Shweta Patel, LL.M. (Constitutional and Administrative Law), School of Law, ITM University Gwalior (M.P)
ABSTRACT
This article aims to give a brief understanding of the concept of judicial activism having its foundations in the power of judicial review. The highlight of this article is to show that how there has been a shift from the dormant role of use of judicial review power in merely deciding upon the constitutional validity of any action or decision towards the activist role in fulfilling the loopholes and legislating and actions being taken by the judiciary in situations where the other organs of government or even subordinate judiciary are not able to work efficiently.
The article also tackles the criticism of judicial activism as being violative of the concept of separation of power by highlighting the concept of checks and balance.
And finally, the article, also being aware that this is not an utopian world, highlights that judicial activism may turn into judicial adventurism or judicial overreach, therefore the need to observe judicial self restraint also exists.
