ABSTRACT
The word judicial activism is not clearly defined in any statute or legislation. It can be understood as the coherent intervention of the Judiciary in formulating the laws. The legislature is a politically driven entity and the statutes created by it are often contradictory to the principles set by the constitution. The courts have a pivotal role in such circumstances where the active intervention by them is crucial for conserving the written fundamentals of Law. The functioning of a democratic country like India is dependent on the three significant pillars of the constitution which are the legislature, the executive and the judiciary. All these branches are deeply concatenated and critical for an efficient functioning democracy. The three wings need to be independent of each other as well as have a subtle degree of influence to impart a sense of balance to the other wings to check for any autocratic abuse of power. The doctrine of separation of powers is deeply embedded in the Indian Constitution. The most important agency among them is the Judiciary which has a chaperoning role in the administration of the country by upholding the principles constituted in the constitution and conserving the rule of law. The evolution of constitutional democracies around the world has highlighted the importance of the protection of individual rights as human rights are an important is the supreme objective of the written law in force. The competence of a democratic country can be gauged by the effectiveness of its judiciary. The courts should exercise reasonable care in the interpretation of the law and uphold the basic postulates of the constitution constantly. In a country like India which is exponentially diversified and has one of the most volatile political landscapes, the need for the interference of courts in the governmental and administrative sphere is of paramount importance. There is a fine line of difference between judicial activism and judicial overreach the latter possess a significant hindrance to the administrative functioning of a democracy.
Deshmukh, Ramana Dilip, Judicial Activism’s Inadvertent Role in Diminishing Private Law Remedies in India (June 9, 2022).
First posted 2022-07-20 16:00:28
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