Gaurav Kathia
Law
Feburary 2025
Indian judicial activism has been crucial for constitutional governance, changing the Supreme Court into a functioning safeguard of fundamental rights and democratic principles. Through landmark decisions, the basic structure idea, and the expansion of fundamental rights, this study looks at the developing job of the judiciary in governance. By breaking down original cases like Kesavananda Bharati v. Territory of Kerala, Maneka Gandhi v. Association of India, and Vishaka v. Territory of Rajasthan, this exploration shows how the Supreme Court has maintained financial value, built up judicial examination, and tended to governance.More access to justice and accountability from the legislature and executive branch is made possible by Public Interest Litigation (PIL), which has been shown to be a successful tool of judicial intervention. But fears of overreach by the judiciary, judicial encroachment, and imbalance between activism and overstepping the bounds into policy-making remain at the forefront of the issue. This research critically evaluates judicial activism's role in constitutional government, analyzing its contribution and problematics in a democratic balance. The research highlights the importance of judicial intervention in protecting the constitutional values while stressing the importance of judicial restraint to avoid competition with legislative and executive functions.
178- 189
© Airo Journals 2021
