Constitutional Law and Judicial Activism: Guardianship and Reform in The Indian Democratic Framework
Abstract
Judicial activism serves as a dynamic instrument in upholding constitutional values and ensuring justice in a democratic framework. It signifies the proactive role of the judiciary in interpreting and expanding the scope of fundamental rights enshrined in the constitution. Through judicial activism, courts have not merely confined themselves to the literal interpretation of law but have also assumed the responsibility of addressing social injustices and governmental inaction. This approach enhances accountability and strengthens the rule of law by bridging the gap between the ideal and the real in governance. The evolution of judicial activism in India can be traced through landmark judgments such as KESAVANANDA BHARATI V. STATE OF KERALA1 AND MANEKA GANDHI V. UNION OF INDIA2, where the judiciary asserted its power to review and protect constitutional supremacy. The emergence of public interest litigation (PIL) further extended access to justice, making the courts accessible to marginalized and voiceless sections of society. However, excessive judicial intervention has also raised concerns regarding the separation of powers and the potential encroachment upon legislative and executive functions. In essence, judicial activism acts as both a guardian and a reformer of constitutional principles, striving to maintain the balance between authority and liberty. It embodies the spirit of the constitution, ensuring that justice is not only done but also seen to be done in every aspect of public life.
Keywords
Judicial Activism, Constitutional Law, Fundamental Rights, Public Interest Litigation, Rule of Law, Separation Of Powers, Basic Structure Doctrine, Judicial Review.
Citations
IRE Journals:
Utkarsh Mishra, Dr. Vir Vikram Bahadur Singh "Constitutional Law and Judicial Activism: Guardianship and Reform in The Indian Democratic Framework" Iconic Research And Engineering Journals Volume 9 Issue 10 2026 Page 201-211 https://doi.org/10.64388/IREV9I10-1715899
IEEE:
Utkarsh Mishra, Dr. Vir Vikram Bahadur Singh
"Constitutional Law and Judicial Activism: Guardianship and Reform in The Indian Democratic Framework" Iconic Research And Engineering Journals, 9(10) https://doi.org/10.64388/IREV9I10-1715899
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