Democracy cannot exist without justice and justice cannot exist without an independent judiciary. The judiciary is identified as the last bulwark against arbitrariness and all that can be broadly labelled as not only unjust but also immoral. The nation reveres judiciary on various vital issues affecting the country. In fact, the impression of the judiciary as final bastion against what is unjust is not of recent origin; it is discernible throughout the recorded history of mankind.

The Constitution of India has been regarded as less of a composite ground norm rather it is consider as a document which portrays character of unique human eclecticism through the major social, political, economic justice. The purpose of the Indian Constitution has always been achieving the humanitarian utility by idealizing the concept of welfare state. The framers of our constitution have expresses a sense of unease with the status quo and raised expectations of root-and-branch social revolution and transformation thereby securing “to all its citizens, justice-social, economic and political; liberty, equality and dignity . The judge without judicial activism can perhaps be described as a flower without a colour and fragrance; and a vehicle without fuel and wheels. In protecting the principles of ‘welfare state’ judiciary, should play an active role as a watching tower and judgments should be society oriented. The Indian judiciary has adopted an activist goal-oriented approach in the matter of interpretation of fundamental rights. The Supreme Court judiciary in India has undergone a radical change in the last few years.

DOI: http://doi.one/10.1732/IJLMH.25700