Introduction to Judicial Activism: Laws for Social Justice and Individual Rights

Judicial activism refers to a proactive role of the judiciary in interpreting and shaping laws, often to advance social justice and protect individual rights. It involves judges taking an assertive stance, going beyond traditional interpretations to address societal issues. While it can enhance justice and accountability, critics argue that it may infringe upon the legislative or executive branches’ powers and disrupt the balance of power. 

Judicial Activism in India: The Role of Public Interest Litigation (PIL)

• Judicial Activism has flourished in India mainly because of Public Interest Litigation (PIL) or Social Action Litigation (SAL).

Evolution of Judicial Activism: The Power of Public Interest Litigation (PIL)

• Legal Remedies Pre-1979:Till 1979, in normal course of law, an aggrieved person could move to the court of law if his rights have been violated.
• Emergence of PIL: Later in 1979, the court heard a case where the case was filed not by the aggrieved persons but by others on their behalf. 
  • As this case involved a consideration of public interest, such cases came to be known as Public Interest Litigations.
• Expanding Horizons: It allowed any individual or organization to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
• Rights of Prisoners: During this time, the Supreme Court also took cases with consideration of rights of prisoners and other cases which involved protection of existing rights, betterment of life conditions of the poor, protection of the environment, and other issues in the interest of the public.
• Public Interest Advocacy: This was done because a large number of public-spirited citizens and voluntary organizations sought judicial intervention and hence PIL became the most important vehicle of judicial activism.
• Proactive Judiciary: Since then, the judiciary began considering many cases merely on the basis of newspaper reports and postal complaints received by the court, and hence the term became to be used more popularly for the role of judiciary.

The Transformative Impact of Judicial Activism on Rights, Access, and Democracy

• Expanding Rights: Through the PIL, the judiciary expanded the idea of rights such as clean air, unpolluted water, decent living etc.
• Democratizing Access: Judicial activism democratized the judicial system by giving not just to the individuals but also groups access to the courts.
  • It has forced executive accountability.
• Strains on Democracy: A democratic government is based on each organ of government respecting the powers and jurisdiction of the others. 
  • Hence, it may be creating strains on the democratic principles.
  • The court also made an attempt to make a free and fair electoral system in India, by asking the candidates contesting elections to file affidavits indicating their assets and income along with educational qualifications.

Examining the Issues of Judicial Activism

• It is overburdening the courts with a large number of PILs.
• It has blurred the line of distinction between the Executive and Legislature on the one hand and the Judiciary on the other, raising concerns about the impact of Judicial Activism. 
  • The court has been considering cases and issues which belong to the executive.
  • For example, cases dealing with reducing air or sound pollution, corruption, electoral reforms etc.

Conclusion

Judicial Activism in India represents a dynamic force, catalyzing societal progress and individual rights through proactive judicial interventions. While instrumental in expanding rights, ensuring executive accountability, and fostering a more inclusive democracy, it navigates a complex landscape. The delicate balance between empowerment, democratic values, and institutional dynamics underscores the evolving role of the judiciary in shaping India’s legal landscape.

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