Judicial Activism In India: A Constitutional Necessity Or Democratic Overreach?
- IJLLR Journal
- Jun 4
- 1 min read
Debangan Malo, B.SC. LLB (Hons), The West Bengal National University of Juridical Sciences (NUJS), Kolkata.
Rupkatha Banerjee, B.A. LLB (Hons), KIIT School of Law, KIIT University, Bhubaneshwar
ABSTRACT
This paper explores the concept of Judicial Activism in India and focuses on whether it is truly a constitutional necessity or an avoidable democratic overreach. It reviews the growth and development of Judicial Activism from the post-Emergency era and assesses how different constitutional mechanisms enable Judiciary with extraordinary powers of judicial review, through Fundamental Rights and interpretations of Constitution through Article 32 and 226 of Constitution. Moreover, the study focuses on development of concept of Public Interest Litigation (PIL) to make justice and equality accessible to poor and suppressed sections of society. On the other hand, it also attempts to analyse the delicate thin line between judicial activism and judicial overreach by holding up various supported judgements and ongoing debates on issues like separation of powers, lack of democratic legitimacy and judicial over intervention in the matters of policy making. This study concludes with argumentative approach that despite everything, judicial activism is surely significant for constitutional safeguard, but it's true legitimacy is determined by the balance maintained between activism and restraint.
