Evolution of Judicial Activism in India
Himanshu Morwal AND Tarusha MathurManipal University Jaipur, Jaipur, Rajasthan
Volume III, Issue III, 2020
The judicial system plays the most pivotal role in Indian democracy, the role to interpret the law framed by the legislature which is later sent to the executive. It resolves and adjudicates the disputes between center and state or, group of states against a state, or state and state, or, state and an individual, or between two individuals. And for this reason it is called Saviour of Democracy. The three organs of the government ensure efficiency and effectiveness and any instability among them can directly hamper the administrative progress. And to regulate the mutual coordination among the three pillars for smooth functioning, the judiciary acts as a catalyst to protect the rights of the individuals and state from chaos and exploitation. It also protects the rights and law of the land and this act is known as Judicial Activism. The Judicial system in India has touched every aspect of human life in India and has always proven to be affirmative by becoming a boon for the poor and weaker section of the society, by protecting their individual rights. It is very difficult to trace the inception of Judicial Activism in India as it was recognized and identified as a separate organ of the Government. The dissenting judgment of the Justice Mahmud sowed the seed of judicial activism in the soil of India. This paper illustrates the evolution, concept and reason for growth of Judicial Activism in India. This paper aims to instill a deep understanding on the evolving dimensions of Pre and Post emergency Judicial Activism through the help of case laws and a glance on Indian perspective on Judicial Activism. Keywords: Judicial Activism, Constitution, Judiciary, PIL.
