Judicial Activism

 Judicial activism

Now days we all aware of this term very often by news paper or by media or news paper . The SC and

various high courts has played an active role by protecting the individual’s fundamental rights

against the State’s unjust and excess action through judicial activism .

The term “Judicial Activism” refers the court’s decision, based on the judges personal wisdom that do not

go rigidly within the text of the statutory passed by the legislature and the use of judicial power broadly to

provide remedies to the wide range of social wrongs for ensuring proper justice. The judiciary performs an

active role to uphold constitutional values and ethics under the constitutional pattern. Judiciary applies its

creativity to fill the gap between the positive and normative aspects of legislations. For this reason the

judicial activism has emerged .

It allow judges to adjudicate in favour of progressive and new social policies helping in social engineering. As the

Failure of Legislature and Executive to discharge their respective functions results in erosion of the confidence in

the Constitution and democracy amongst the citizens. Judicial activism help in upholding faith of citizens in

constitution and judicial organs . it allow participation of judiciary in advancement of country and upholding

democracy by extending the standard rules of interpretation in achieving economic, social and educational

objectives. Public Interest Litigation (PIL) made judicial activism possible in India. By pil and through activism lead to

very much development in india and keeping democracy alive . Pronouncements like Keshavnanda Bharti

case in which the doctrine of basic structure evolved , Minerva Mill Case which guarded the ‘basic structure’

of the Constitution form being amended by parliament and various other cases have helped in keeping all

the organs of government in balance and help in keeping society healthy and progressing . A progressive

example of this is in Bandhua Mukti Morcha vs UOI case , in which the supreme court told state

authorities to release the bonded labour from bondage and provide them rehabilitation . Golak Nath

case is also an example of judicial activism in this court declared that the fundamental rights as enshrined in Part III of

the Constitution are immutable and so beyond the reach of the amendatory process. menaka Gandhi vs UOI case ,

Indra gandhi vs raj narain and sp gupta vs uoi case and many landmark development in india is done

through activism . The judiciay has also expanded the scope of Article 21 through activism . But there are

many criticism of this is that In the process, some of the personal opinions of the judges metamorphose into legal

principles and constitutional values. the theory of separation of powers is overthrown and the judiciary is undermining

the authority of the legislature and the executive by encroaching upon the spheres reserved for them. And the

Repeated interference of courts can erode the faith of the people in the quality,

integrity and efficiency of governmental institutions.

Now days judicial activism is very much in news . It is very useful tool in Indian democracy and it has

improved the quality of our governance and has brought some reforms in governance of the country .

The only thing the judiciary must keep in mind is that not to overstep the limit prescribed by the

constitution . It has to be used in a very careful manner as it should not enter in the are of other branch

of government means there should not be judicial overreach . But Whatever criticism of judicial

activism, it can not be disputed that judicial activism has done a great deal to improve the conditions

of the masses in the country.