What is meant by 'Judicial Activism'? Evaluate its role in the context of the functioning of Indian polity.

Active role of judiciary in upholding rights of citizens and preserving the constitutional and legal system of the country is judicial activism. The form of government introduced by our constitution at the union and the state is the parliamentary government According to this policy making is done by legislature, implementation is taken care by executive and judiciary is responsible for reviewing and also acts as guardian of constitution. Judicial activism means judiciary is taking active part wherever legislature is failing. The concept of judicial activism is relatively new and judiciary is very active in all respect.

It can seen to be reflecting from the following trends as follows:

• Expansion of judicial control over discretionary power.
• Expansion of judicial review over the administration.
• Expansion of rights of hearing in the administrative process.
• Promotion of open government.
• Excessive delegation without limitation.

The supreme court gained in stature and legitimacy. Later, when the independence of judiciary was threatened by punitive transfers, the court entered the arena of judicial appointments and transfers. Both High court and supreme court started showing the sighs of judicial activism after the end of emergency. They began to intervene in executive as well as legislative areas, However cautiously. Bihar under-trials case was the first major case of judicial activism through social action litigation. In the case of Keshavananda Bharati or known as the fundamental rights case, judicial activism was given due consideration and was a water-mark case. Supreme court held that a constitutional amendment duly passed by the legislature was invalid as damaging or destroying its basic structure, for the first time.

This was gigantic innovative judicial leap unknown to any legal system. The entry of court into hitherto an chartered areas specially into the developmental areas changed the dynamics of government of late, PIL has become a new power of judicial initiatives in new fields traditionally marked out as legislature and executive.

The common citizens have discovered that the administration has become so apathetic and non-performing, corruption and crime so widespread, that they have no recourse except to move the courts through PIL. It has enlarged the field for judicial intervention. The coverage of PIL has become vast. Civil and political rights to a speedy trial, release of bonded labour, conditions of desertion and economic and social issues, livelihood, primary education, environmental pollution included in it.

Judicial activism earned a human face in India by liberalizing access to justice and giving relief to disadvantaged groups and the have-nots under the leadership of justice V.R. Krishna Ayer and P.N. Bahagwati. Judiciary is a mere umpire, judicial activism counters that notion. On the contrary, activism means judiciary should work as an active catalyst in the constitutional scheme. It has become a medium of social revolution.

Explore more:

• Judicial Activism
• Kesavananda Bharati
• The Hindu Article on Disturbing trends in judicial activism

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