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

Question

Ghissu Editorial · Accepted Answer

Judicial activism is the judiciary's proactive use of interpretation to protect rights and promote justice when the legislature or executive falters, going beyond strict adjudication. It has strengthened rights, as in Maneka Gandhi (1978) and the Vishaka guidelines (1997), but risks overreach into the other branches' domains.

**Introduction**

Judicial activism in India reflects the judiciary’s assertive role in governance, protecting rights and promoting justice amid legislative and executive lapses. It has become crucial in addressing governance failures and ensuring constitutional morality.

**Meaning and Concept**

1. **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.  
2. **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.

**Impact on Indian Polity**

3. **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.  
4. **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.

**Way Forward**

5. **Judicial Accountability**: The Law Commission⟦1⟧’s 195th Report proposes a National Judicial Council for transparent accountability without compromising judicial independence.  
6. **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.

**Conclusion**

Judicial activism advances constitutionalism and social justice but must balance activism with accountability and restraint to maintain democratic governance.

“న్యాయ క్రియాశీలత” (Judicial activism) అంటే ఏమిటి? భారత రాజకీయ వ్యవస్థపై దాని ప్రభావం ఏమిటి?

Model answer

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