Swarangi Bhurke
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Abstract:
This comprehensive study aims to explore the evolution of judicial activism in India, tracing its origins and development through key historical, philosophical, and legal influences. The narrative encompasses significant cases that marked distinct stages in the judiciary's role, from maintaining a classical position to actively participating in shaping legal decisions. The Supreme Court of India has played a crucial role in responding to societal issues, protecting fundamental rights, and shaping legal interpretations. The court has often taken a proactive stance to address matters of public concern, ensuring justice and equity. In the contemporary era of democratic governance, judicial activism stands as a pivotal determinant influencing legal dynamics. It's essential to note that while judicial activism can be a powerful tool for ensuring justice and upholding constitutional values, there are ongoing debates about the extent to which the judiciary should play an activist role. Critics argue that excessive judicial activism might lead to judicial overreach and interfere with the domain of the executive and legislative branches. Striking the right balance remains a subject of ongoing scrutiny. This research focuses on the constitutional powers of the Courts in India and a shift from a strict locus standi to Public Interest Litigation
Keywords
Judicial Activism