Judicial Activism in India, Concept, Features, Significance

Judicial activism refers to the proactive role that the judiciary takes in protecting rights, promoting justice, and ensuring accountability in cases where the executive or legislature may have fallen short.

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What is Judicial Activism?

Evolution of Judicial Activism

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Key Features of Judicial Activism

• Protection of Fundamental Rights: The judiciary actively protects citizens' fundamental rights. Courts have used judicial activism to interpret the Constitution in order to safeguard essential rights such as freedom of speech and the right to life.
• Expansive Interpretation of Laws: Through judicial activism, judges have interpreted laws broadly. This has helped in making laws relevant in modern-day contexts, which were not envisaged by the lawmakers at the time the laws were written
• Judicial Review : Through judicial review, the judiciary checks the legality of legislative and executive actions, ensuring they comply with the Constitution.
• Protecting the Basic Structure: It helped in preserving the basic structure of the Constitution. The judiciary often acts as the guardian of the Constitution, preventing any laws or amendments that could potentially undermine constitutional values.
• Social Justice: It has played an important role in social justice by taking a proactive stance in addressing issues such as poverty, caste discrimination, and human rights violations.

Judicial Activism in India: Landmark Cases

• Keshavananda Bharati v. State of Kerala (1973 ): This case established the "basic structure doctrine," which asserts that Parliament cannot amend the Constitution in a way that alters its basic structure.
• Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21 (Right to Life and Liberty). It paved the way for a more activist role for the judiciary in interpreting fundamental rights.
• MC. Mehta v. Union of India (1987): This case dealt with environmental protection and was a significant moment in environmental jurisprudence in India. The Supreme Court took a proactive approach, setting precedents for judicial activism in safeguarding the environment.
• Vishaka v. State of Rajasthan (1997) : In this case, the Supreme Court laid down guidelines to prevent sexual harassment at the workplace, in the absence of a law on the subject. The Court’s judgment in this case reflected judicial activism aimed at safeguarding women’s rights.
• Right to Privacy Case (2017): In this case, the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution. This judgment highlighted the judiciary’s ability to adapt to modern challenges like new technology and data privacy.

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Significance of Judicial Activism

• Protects Democracy: Judicial activism acts as a check on the powers of the executive and legislature, ensuring that they work within constitutional limits.
• Promotes Social Justice : By addressing issues of social injustice, judicial activism ensures equality and upholds citizens’ rights.
• Ensures Accountability: Judicial review allows the judiciary to scrutinize government actions, fostering transparency and accountability.
• Strengthens Constitutional Morality: Courts often interpret the Constitution in ways that reinforce ethical governance and uphold the rule of law.
• Empowers Citizens : It encourages active citizen engagement in democracy through PILs, enabling individuals to address larger societal concerns.

Judicial Activism vs. Judicial Restraint