2008 · Paper III · 10 marks

What are the novel trends in Judicial Review ?

In short

Novel trends in judicial review include its expansion into climate and digital rights, creative remedies that fill policy gaps, a shifting balance of activism and restraint, and technology such as e-filing and virtual hearings. In the Ranjitsinh case (2024), the Supreme Court recognised government accountability for climate change.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
Judicial review in India has evolved to address complex governance challenges, expanding its scope to new domains like environmental law and digital rights, reflecting constitutional morality under Article 21. This evolution signifies the judiciary’s growing role in safeguarding fundamental rights amid changing socio-political realities.
Emerging Trends in Judicial Review
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Innovative Remedies and Activism

Navtej Singh Johar (2018) decriminalized Section 377 IPC, advancing LGBTQ+ rights, while the Bilkis Bano case (Bilkis Yakub Rasool v. Union of India, 2024) quashed remission of convicts, showing proactive judicial intervention. Such activism fills legislative gaps but raises debates on judicial overreach and separation of powers.

Implications on Judiciary and Governance
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Challenges to Separation of Powers

The Tribunals Reforms Act1 (2021) and NJAC Act (2015) controversies reveal strains on judicial independence and institutional autonomy. These episodes highlight tensions between judiciary and legislature in appointments and policy domains.

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Judicial Accountability and Public Trust

The Law Commission2’s 195th Report (2006) recommended a National Judicial Council to address accountability amid concerns over judicial overreach. High vacancy rates in courts, especially in Andhra Pradesh, further impact timely justice and public confidence.

Way Forward
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Institutionalize Accountability

Implement Law Commission recommendations to enhance judicial transparency and ethical standards through a National Judicial Oversight Committee.

Conclusion
The judiciary’s adaptive role in judicial review strengthens constitutional morality and democratic governance, provided it balances activism with accountability and restraint. This dynamic approach aligns with Article 21 and SDG 16, fostering justice and strong institutions for an inclusive India.

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Hand-drawn diagram: Novel Trends and Their Risks. Novel Trends and Their Risks. Comparison of Trend and Concern
Diagram: Novel Trends and Their Risks

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Judiciary in India15 questions

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