What is meant by "judicial activism"? What is its impact on Indian polity?

Proactive Judicial Role

It involves courts interpreting laws to protect fundamental rights and enforce constitutional duties, as seen in Maneka Gandhi v. Union of India (1978), which expanded the scope of Article 21.

Judicial Law-Making

Courts fill legislative gaps through policy decisions, exemplified by the Vishaka Guidelines (1997) on sexual harassment and the Shayara Bano case (2017) abolishing triple talaq, demonstrating judicial innovation in social reform.

Strengthening Fundamental Rights

Judicial activism reinforces rights under Articles 14, 19, and 21, with recent rulings like Association for Democratic Reforms v. Union of India (2024) enhancing electoral transparency and accountability.

Checks on Executive Overreach

It curbs arbitrary executive power, safeguarding democracy, though risks judicial overreach, as in the National Anthem directive (Shyam Narayan Chouksey case), which raised concerns about separation of powers.

Judicial Accountability

The Law Commission1’s 195th Report proposes a National Judicial Council for transparent accountability without compromising judicial independence.

Judicial Efficiency

Expanding All India Judicial Services, especially in Andhra Pradesh, can reduce vacancies and pendency, enabling courts to focus effectively on activism where necessary.