IOSR Journal Of Humanities And Social Science (IOSR-JHSS)
Volume 19, Issue 2, Ver. IV (Feb. 2014), PP 20-25
e-ISSN: 2279-0837, p-ISSN: 2279-0845.
www.iosrjournals.org
“The Role of Judicial Activism in the Implementation and
Promotion of Constitutional Laws and Influence of Judicial
Overactivism”
Vipin Kumar (NET, M.Phil.),
Research Scholar, Shri Venkateshwara University, Rajabpur, Gajraula (UP) Address- near K.G.K (P G)
College Dev Vihar Colony, Line Par, Moradabad, Mob- 945806777, 8194005705
Abstract: Judicial activism is today one of the most misused constitutional terms. India practices
constitutionaldemocracy with emphasis on constitutionalism. This comes with it to high rates of political
activities with misuse of political powers granted in the Constitution by the political actors. Naturally, the court
is called upon to wear its active posture and interpret theConstitution as it affects the political class. However,
each decision of the courts interpreting the constitution against the political class is met with cries of “judicial
activism” from one side of the political spectrum or the other. The other cry seems to be that the courts are
encroaching into the domain of the political class thereby violating the doctrine of political questions which is
essentially a function of separation of powers. The paper sees these terms as being misused and makes an
analytical exposition of the term and judicial intervention into political questions in India. It contends that
courts should ensure the limits of governmental action under the principles of a constitutional democracy, even
in the delicate field of internal affairs of governmental institutions. For this purpose, various constitutional
provisions and judicial decisions are examined.
Key Words: Judicial activism, constitutional democracy , separation of powers, constitutional provisions ,
I.
Introduction:-...