Starting from inventing the basic structure doctrine, the judiciary has played a highly proactive role in…

Question

Starting from inventing the basic structure doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Ghissu Editorial · Accepted Answer

Judicial activism has largely advanced Indian democracy by protecting the basic structure, expanding rights and cleaning up elections, though it sometimes strays into policymaking. Indira Gandhi v. Raj Narain (1975) made free and fair elections part of the basic structure.

**Introduction**

Kesavananda Bharati (1973) placed Parliament's amending power under an unamendable basic structure, and PIL under Justices Bhagwati and Krishna Iyer later opened the Court to the voiceless. Its record on democratic ideals is largely positive but not uniformly so.

**How Activism Advanced Democratic Ideals**

1. **Guarding the framework**: Indira Gandhi v. Raj Narain (1975) made free elections part of the basic structure, and S.R. Bommai (1994) curbed misuse of Article 356.
2. **Expanding liberty**: Maneka Gandhi (1978) demanded "fair, just and reasonable" procedure, and Puttaswamy (2017) recognised privacy as a fundamental right.
3. **Voice for the voiceless**: Hussainara Khatoon (1979) freed thousands of undertrials, and S.P. Gupta (1981) relaxed locus standi.
4. **Cleaner elections**: ADR (2002) mandated candidate disclosures, PUCL (2013) gave NOTA, and the 2024 electoral bonds verdict upheld voters' right to know.

**Where Activism Strains Democracy**

SKETCH: spectrum | From Restraint to Overreach
left: Judicial restraint
right: Judicial overreach
- Textual interpretation
- Basic structure review
- Vishaka guidelines
- Highway liquor ban

1. **Policy by courts**: The 2016 highway liquor ban and the cinema anthem order were policy choices that belonged to elected bodies, not courts.
2. **Self-referential independence**: Striking down the NJAC (2015) despite its passage by Parliament and ratification by the States kept appointments within the judiciary and raised the question of who judges the judges.
3. **Limits of enforcement**: Prakash Singh (2006) police reforms remain largely unimplemented, showing courts can order but not administer, and ADM Jabalpur (1976) shows activism depends on individual benches.

**Conclusion**

On balance, judicial activism has deepened Indian democracy by protecting its structure, rights and elections. Its legitimacy depends on the restraint urged in Aravali Golf Club (2007): a guardian of the Constitution, not a parallel government.

Starting from inventing the basic structure doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

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