JUDICIAL ACTIVISM IN INDIA: A NECESSARY EVIL
Arpita Saha National Law University, Jodhpur, India ABSTRACT Judicial activism has always been a source of heated debate, especially in the light of recent developments in this regard. Over the last few years with various controversial decisions, judges of the Supreme Court as well as various High Courts have once again triggered off the debate that has always generated a lot of heat. But still, what the term “judicial activism” actually connotes is still a mystery. From the inception of legal history till date, various critics have given various definitions of judicial activism, which are not only different but also contradictory. This is an attempt to bring out the exact connotation of “judicial activism” and to find out its effects on today’s changing society. Keywords and phrases: Judicial activism, connotation, public interest litigations, Supreme Court, controversies. 1. INTRODUCTION With the framing of the Constitution of India, the three wings of effective governance came into being, namely the legislature, the executive and the judiciary. The Constitution provides for separation of powers and hence demarcates the powers and areas of all these three machineries. However sometimes with the failure of the legislature and the executive, the separation of power remains a theory only in the text book and the third wing of governance, the judiciary assumes powers unprecedented for under the name and guise of judicial review, which is a very basic feature of the Constitution of India. The Indian judiciary has taken upon itself the task of ensuring maximum freedom to the masses and in the process, to galvanize the executive and the legislature to work for public good. However, this changing stance of the judiciary from moderate to active role has invited wrath from some sections of the society, criticism from some others and support and cheers from still other sections. Some political scholars feel that the judiciary...