The Role Of Judicial Activism In Advancing Social Justice In India: A Constitutional Analysis
- IJLLR Journal
- Mar 6
- 2 min read
Manasa Ranjan Mishra, Assistant Professor of Law I.C.S.S Law College Bhadrak, Odisha
ABSTRACT
Social Justice serves as the foundation of India’s democratic framework , which is deeply interwoven with the notions of equity, fairness, and the just distribution of resources to the common advantage of the public, who are the ultimate authority of the Indian Republic. The Apex court in India recognized the concept of social justice as one of the basic structure doctrines with the objective of improving the socioeconomic conditions of marginalized groups and particularly promoted the notion of Public Interest Litigation (PIL) to advance the sacrosanct objective of social justice. The Indian constitution incorporated the idea of social justice as part of a grand and noble vision articulated in the preamble to set up an egalitarian society, where liberty, equality, justice, and fraternity would ideally be all- encompassing. Moreover, The notion of judicial activism serves as a protector for preserving the fundamental rights of citizens against the onslaught of executive oppression and legislative overreach. Judicial activism is a result of judicial review; because each proactive measure taken by the Supreme Court must always be evaluated against the benchmark of Article 13(2). 1 This paper seeks to reveal the evolving aspects of the idea of social justice and judicial activism in harmony with the Indian constitutional framework, alongside changing judicial trends, while outlining the role of judiciary as a promoter of positive transformation. .Further, this paper tries to encapsulate the correlation between social justice and judicial activism and challenges of judicial activism in reaffirming social justice in the context of 76th years of Indian Republic. Researcher has taken the liberty to adopt non-empirical method to substantiate the objectives of this paper and to draw up the conclusion.
Keywords: Social Justice, Judicial Activism, Public Interest Litigation, Indian Constitutional Landscape, Judicial Review, Fundamental Rights.
