The Indian judiciary's increasing adoption of judicial activism has sparked a heated debate, with proponents arguing it's a necessary step towards ensuring justice and critics labelling it an overreach of power. Judicial activism involves judges taking an active role in shaping public policy and interpreting laws to promote social justice, often filling gaps in legislation or addressing issues the executive or legislature have failed to tackle.
The benefits of judicial activism are multifaceted. It allows the judiciary to fill gaps in legislation, protect marginalised groups, promote transparency and accountability, and ensure the executive and legislature act in accordance with the Constitution. Landmark judgments like Vishaka (1997) and Aruna Shanbaug (2011) demonstrate the positive impact of judicial activism.
However, critics argue that judicial activism can lead to overreach, interfere with the separation of powers, create uncertainty, and undermine democratic institutions. These concerns are valid, but judicial activism is a necessary check on abuse of power, not a substitute for legislative or executive action.
Striking a balance between activism and restraint is crucial. The judiciary must ensure justice is served while respecting the boundaries of its power.
About the Author:
Yash Dixit is a law student at Himachal Pradesh University (HPU), Shimla, Yash has represented India at the international level, participating in the Climate Change International Legal Regime organized by the United Nations Environment Program (UNEP) and the United Nations Institute for Training and Research (UNITAR).With a passion for constitutional law and social justice. He's a recipient of the National Icon Award, presented by former Uttar Pradesh Chief Minister Shri Jagdambika Pal Ji, for his outstanding debating abilities. Yash has also been honored with the National Book of Records for his exceptional achievements in debating and has been featured in Elysian International Magazine for his contributions to public speaking.
He's an accomplished debater, winning the Times of India Debate hosted at Delhi University, and has participated in various intercollegiate and national-level debating circuits. Yash is also a talented actor, having performed at Delhi Dais and Akshara Theatre, and is a member of The Third Act, the drama society of Satyawati College.
