Judicial Activism In India: A Case Study Approach

Shilpa Nayak, LLM, National Law University, Delhi.

Aditya Narayan Dwivedi, Legal Consultant, Graduated from National Law University, Odisha.

ABSTRACT

The legislature, the executive, and the judiciary are the three cornerstones of Indian democracy. While the legislature is charged with making laws, the executive is charged with efficient implementation of laws, and the judiciary has one of the most important tasks: to adjudicate the issues coming out of the formation as well as the implementation of the laws. But in the current times, we are observing a trend that the actions of the judiciary are bordering on the other functions, i.e., the function of lawmaking and its implementation. Judicial activism lurks on the precipice of separation of powers. The moment a court’s action crosses this threshold, it constitutes a ‘Judicial Overreach’. This Article is an attempt to understand the history of ‘Judicial Activism’ in India and to follow and analyse its current trends with the help of judgements of various courts of law including the apex court.