Kiran Shakya
Law
June 2025
This paper explores the evolving role of the Indian judiciary as a policymaker and constitutional guardian through the frameworks of judicial review and constitutional morality. Traditionally limited to the interpretation of law, the judiciary has increasingly intervened in governance, addressing legislative and executive inaction, particularly through Public Interest Litigation (PIL). Groundbreaking judgments—such as those in Kesavananda Bharati, Navtej Singh Johar, and Sabarimala—have demonstrated the judiciary's reliance on constitutional morality to protect rights, dismantle regressive social norms, and expand the scope of fundamental freedoms. Through a critical analysis of landmark rulings, scholarly literature, and comparative constitutional perspectives, the study highlights the judiciary’s dual role as a transformative force and a subject of democratic scrutiny. While judicial interventions have enhanced social justice and institutional accountability, concerns about separation of powers, democratic legitimacy, and judicial overreach remain. The paper calls for a balanced approach wherein the judiciary exercises its expansive powers with restraint, deliberation, and unwavering fidelity to the spirit of the Constitution
1269- 1282
© Airo Journals 2021
