Answer: 

Introduction:

The Indian judiciary, with its power of judicial review, has played a critical role in shaping the country’s democratic fabric. Judicial activism in India has helped enforce and safeguard the principles of democracy in many ways. The ‘basic structure’ doctrine, first introduced in the landmark Kesavananda Bharati vs State of Kerala case (1973), is an example of judicial activism. This doctrine holds that the Parliament cannot amend the ‘basic structure’ of the Constitution, thereby preserving its fundamental principles, irrespective of political changes in the government.

Body:

Role played by judicial activism in achieving the ideals of democracy.

• Protection of Fundamental Rights:
  • For instance, Article 21, which guarantees the right to life and personal liberty, has been interpreted expansively. In the Maneka Gandhi vs Union of India case (1978), the court ruled that the right to life includes the right to live with dignity.
  • In Justice K.S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors (2017), the Supreme Court recognized the right to privacy as a fundamental right under Article 21, demonstrating judicial activism.
• Public Interest Litigation (PIL):
  • PILs have been a potent tool for judicial activism in India.
  • The Supreme Court, in its ruling in S.P. Gupta vs Union of India (1981), relaxed the traditional rule of locus standi, allowing any citizen of India to approach the court seeking legal remedy in cases of public interest.
• Environmental Jurisprudence:
  • The judiciary has played an active role in protecting the environment, often linking it with the right to life under Article 21.
  • The Supreme Court’s rulings in M.C. Mehta vs Union of India (1986) led to the closure of several industries causing pollution in Delhi, demonstrating the judiciary’s proactive role.
• Safeguarding Secularism and Social Justice:
  • The judiciary has also upheld the secular nature of the Indian Constitution, as seen in S.R. Bommai vs Union of India (1994).
  • The courts have also directed governments to ensure social justice, such as in the Vishaka vs State of Rajasthan (1997), which led to the formulation of guidelines for sexual harassment at the workplace.
• Checks and Balances:
  • Through judicial review, the judiciary has maintained a check on the legislative and executive branches of the government, preventing any misuse of power and ensuring the rule of law, both of which are key democratic principles.

However, it’s worth noting that judicial activism in India has also been critiqued for overstepping the boundaries of the judiciary and infringing upon the domains of the legislative and executive branches. This has led to debates on the need for a balance between judicial activism and judicial restraint in the country.

Conclusion:

Overall, the judiciary, through its activism, has significantly contributed to the evolution of Indian democracy, establishing a system of rights and justice that aims to protect the interests of all citizens.

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