Judicial activism and social justice under the Indian constitution: A critical study

Shashank Tyagi; Shubham Singh Tomar

Judicial activism and social justice under the Indian constitution: A critical study

Authors
Shashank Tyagi, Shubham Singh Tomar

Abstract
In India, It is very difficult to find out the origin of judicial activism. Since the judiciary has come to be recognized as an independent under the government of India act, 1935 and at that movement it is also considered as separate organ of the Government. After 1950, the Constitution of India reflected the judiciary is separate from other organ in art 50; it would be far-sighted to probe the period consequent to 1935 for tracing the origin. In India, we can see the judicial activism may be positive as well as negative. Through judicial activism, the court moves beyond its normal role of a mere adjudicator of disputes and becomes a player in the system of the country, laying down principles and guidelines that the executive must carry out. Supreme Court of India started off as a technocratic court in the I950s but slowly started acquiring more power through constitutional interpretation. Its transformation into an activist court has been gradual and imperceptible. In fact the roots of judicial activism are to be seen in the court’s early assertion regarding the nature of judicial review. Some other situations that lead to judicial activism are follows In failure of legislation

To discharge its responsibilities.
To fail to perform its actions.
To protect the fundamental or basic rights of human being.
To protect the human rights.
To misuse the power of party in respect of courts of Law.
To misuse the power in case of Emergency period.
To maintain the proper administration.
To provide a good governance, efficient and justice system of law.

In a developing country like India, where the parliament is adjourned most of the time due to political reasons, the executive branch fails to implement the laws and police and other authorities often misuse their power, the active action by the judiciary is very much needed, though some amount of judicial restraint should be exercised from time to time to prevent vexatious and frivolous cases.

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