Judicial Activism in India: The Guardian of Constitutional Morality and Democratic Justice

S. Khaja Moinuddin

doi:10.70528/IJLRP.v6.i1.1867

Judicial Activism in India: The Guardian of Constitutional Morality and Democratic Justice

Author(s)	S. Khaja Moinuddin
Country	India
Abstract	Judicial Activism in India has emerged as a cornerstone of constitutional democracy, bridging the divide between law and justice, and ensuring that the ideals of the Constitution—justice, liberty, equality, and fraternity—are realized in practice. Originating from post-Emergency judicial reforms, activism has transformed the judiciary from a passive interpreter of law into an active guardian of constitutional morality and democratic accountability. This article traces the evolution of judicial activism in India through distinct phases, from early judicial restraint to the rise of Public Interest Litigations (PILs) and modern interventions in governance, environment, and human rights. It examines key tools such as PIL, epistolary jurisdiction, continuing mandamus, and creative interpretation, which have enabled courts to expand access to justice and uphold the rights of marginalized citizens. The paper further explores the impact of judicial activism on fundamental rights, social justice, environmental protection, and institutional accountability, while acknowledging the need for balance between activism and judicial restraint to preserve the separation of powers. Recent trends—including digital rights, gender justice, and constitutional patriotism—reflect the judiciary’s adaptability to contemporary challenges in a globalized, technology-driven society. The study concludes that judicial activism, when exercised with wisdom, restraint, and constitutional faith, strengthens democratic governance and reaffirms the judiciary’s role as the sentinel of justice and moral conscience of the nation.
Keywords	Judicial Activism, Judicial Restraint, Constitution of India, Fundamental Rights, Public Interest Litigation, Constitutional Morality, Rule of Law, Democratic Governance.
Published In	Volume 6, Issue 1, January 2025
Published On	2025-01-08
Cite This	Judicial Activism in India: The Guardian of Constitutional Morality and Democratic Justice - S. Khaja Moinuddin - IJLRP Volume 6, Issue 1, January 2025. DOI 10.70528/IJLRP.v6.i1.1867
DOI	https://doi.org/10.70528/IJLRP.v6.i1.1867
Short DOI	https://doi.org/hbff5k

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Judicial Activism in India: The Guardian of Constitutional Morality and Democratic Justice

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