Judicial Overreach Vis-À-Vis Minority Rights
- IJLLR Journal
- Jul 23
- 2 min read
Fatima Shah, PhD Scholar, School of Law, University of Kashmir
Dr. Anna Bashir, Assistant Professor, School of Law, University of Kashmir
ABSTRACT
The Indian judiciary, as the guardian of constitutional values, has often been called upon safeguarding the rights and interests of all citizens, including minorities. This research paper critically examines proactive stance has simultaneously protected and, at times, imperiled democratic principles. Through an analysis of constitutional provisions and the evolving doctrine of constitutional morality, the paper seeks to understand the fine balance between judicial activism and judicial overreach. The study engages with landmark Supreme Court judgments including Kesavananda Bharati v. State of Kerala,1 M Siddiq (D) v. Mahnat Suresh Das and others (The Ramjanma Bhoomi-Babri-Masjid Dispute),2 S. Azeez Basha v. Union of India,3 Shayara Bano v. Union of India, Indian,4 Supriyo v. Union of India,5 and Young Lawyers Association v. State of Kerala (Sabarimala Temple Entry case).6 These cases illustrate the judiciary's complex role in advancing minority rights while grappling with accusations of transgressing its constitutional mandate. Particular attention is paid to recent developments where the Court has been both praised for its progressive outlook and criticized for encroaching upon legislative and societal domains. The paper argues that while judicial intervention has been pivotal in securing fundamental rights for marginalized groups, unchecked judicial overreach risks undermining the delicate separation of powers. It contends that constitutional morality, though transformative, must be tempered with institutional restraint to preserve judicial credibility and democratic legitimacy. Ultimately, this research underscores the necessity of a judiciary that is neither a passive spectator nor an authoritarian legislator but an active yet restrained interpreter of the Constitution — especially when the stakes involve the rights and dignity of minority populations in a pluralistic democracy like India.
Keywords: Judicial Activism, Judicial Overreach, Judicial Restraint, Minority Rights, Constitutional Morality.
