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Judicial Activism Essay

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ROLE OF JUDICIARY IN THE PRESENT SCENARIO: JUDICIAL ACTIVISM OR OVERREACH?

ABSTRACT
The Judicial Activism has been attacked by many parliamentarians and experts in the recent times referring it as overreach of judicial power. There have been various instances where judiciary has extended its power from interpreting the law to law making. The debate arose when judiciary upheld much legislation as unconstitutional. The question is can judiciary decide against the legislation enacted by majority of parliamentarians who are elected by majority of people.
In this paper the author has dealt with the judiciary’s endorsement of counter majoritarianism and its significance. Also the paper underlies the role of judiciary and the judicial trend in …show more content…

Its function is not only to dispense justice but also to protect rights of its citizens. It on the whole is the guardian of the constitution. The Constitution has laid down the power, duty and functions of the Judiciary.
With the passage of time, there came a vast change in the judicial trend. The judiciary has widened its power from literal and conservative approach of delivering justice to act suo moto. The increase in the power of the judiciary is not seen as a threat to the majoritarianism, but it is a response to the ineffectiveness of the legislature and other organs of the democracy.
After independence, judiciary was much seen into the literal interpretation of the law and the statute and dispense justice considering the Nehruvian thought. During this period only it gave many decisions against the government for example in the Fundamental Rights’ case. During the late 60’s and early 70’s, judiciary was standing in the way of Mrs. Indiara Gandhi’s Government, striking down the bank’s nationalisation, abolition of privy purses etc. From 1950-1975 i.e. before Maneka Gandhi’s case, judiciary had a very restricted

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