Role Of Judicial Activism

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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 decision making since 1950s. The paper also highlights the tussle between the judiciary and legislature regarding one’s supremacy over the other with cases in which the tussle can be seen prima facie. The paper then discusses Judicial Activism and its need in the changing society. The author examined many cases dealing with judicial activism and its importance. Also many recent cases are covered dealing with the need of judicial activism in the present scenario. INTRODUCTION “India is a symphony where there are, as in orchestra, different instruments, each with its particular sonority, each with its special sound, all combining to interpret one particular score.”- Dr. S. Radhakrishnan- Constituent Assembly debates (11th December,

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