Abstract

The judicial system in India follows the Constitution of India as the lex terrae. The system is built on a constructive machinery of judicial activism, judicial overreach and judicial restraint. Nevertheless, there is no standard interpretation of their structure or working mechanisms. Thus, leading to indifferences and debates about the interpretation of the law and exercise of judicial powers. When separation of powers is considered to be a foundational aspect of India it is pertinent to note that the legislative, judiciary and executive are interdependent on each other. In light of this, more scope for the judiciary to exercise a colourable legislation is a concern to the basic principles of rule of law of the nation. The implications are to be equally recognized amidst the positive attributes of judicial activism. Extreme activism and regular restrictions can also affect the justice to be rightly delivered. In this regard, the significance of this subject is of perennial in nature to establish a balance in the judiciary and it has to be dealt accordingly understanding the crux of the issue and with due regard to prospective scenarios to the decision.

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