Judicial Activism and Overreach
When the judiciary goes beyond a limited interpretation of the law to defend rights and fundamental ideals, this is referred to as judicial activism. However, judicial overreach occurs when the court encroaches on the legislative or executive branch’s territory. “Judicial activism is essential for participatory justice,” as Justice Bhagwati famously stated. However, it runs the risk of undermining the separation of powers premise when it gets out of control.
Constitutional and Theoretical Basis
Articles 32 and 226 give courts the authority to check executive and parliamentary activity through judicial review. With the expansion of judicial power brought about by seminal rulings such as Kesavananda Bharati (1973), Maneka Gandhi (1978), and Vishaka (1997), activism became a means of upholding rights. The range of court interventions was further expanded by the emergence of Public Interest Litigation (PIL).
Role of Judicial Activism
In crucial areas, judicial activism has assisted in filling governance deficiencies. Green jurisprudence in environmental preservation was developed as a result of decisions such as MC Mehta v. Union of India. The judiciary made it possible for election reforms including NOTA and candidate disclosure of criminal histories. By safeguarding the rights of marginalised communities, the judiciary enhanced democratic accountability.
Concerns of Judicial Overreach
The distinction between policymaking and judicial interventions has occasionally been muddled. Highway spirits prohibitions, firework limits and diesel car bans are frequently cited as examples of judicial overreach. Despite their good intentions, critics contend that these kinds of decisions belong in the legislative or executive branches. The Second ARC and other reports cautioned against courts becoming “super-legislatures.”
Critical Analysis
Advocates contend that in a democracy where the legislative and executive branches occasionally fail, activism is essential. Unchecked judicial activity, according to critics, erodes the separation of powers and paralyses governance. Current topics of discussion include administrative reforms, farm laws, and climate change.
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About the Author: Jyoti Verma
