Home / Current Issue / Paper 1716283
Constitutional Law and Judicial Activism
Subject area: Science,Engineering and Technology · Area of research: Law
DOI: https://doi.org/10.64388/IREV9I10-1716283
Abstract
Constitutional law and judicial activism represent crucial pillars in the democratic framework of India, shaping governance, protecting rights, and expanding the role of the judiciary. Judicial activism, in particular, has evolved as a significant interpretative tool through which the judiciary intervenes to advance justice, fill legislative gaps, and uphold constitutional morality. Over the past decades, numerous landmark judgments such as Kesavananda Bharati, Maneka Gandhi, Vishaka, and numerous environmental and human rights cases have transformed the scope of constitutional interpretation. This paper examines the evolution, significance, scope, and criticism of judicial activism within India’s constitutional framework. Constitutional law and judicial activism represent crucial pillars in the democratic framework of India, shaping governance, protecting rights, and expanding the role of the judiciary. Judicial activism, in particular, has evolved as a significant interpretative tool through which the judiciary intervenes to advance justice, fill legislative gaps, and uphold constitutional morality. Over the past decades, numerous landmark judgments such as Kesavananda Bharati, Maneka Gandhi, Vishaka, and numerous environmental and human rights cases have transformed the scope of constitutional interpretation. This paper examines the evolution, significance, scope, and criticism of judicial activism within India’s constitutional framework.
References
[1] Ahmadi, A. M. (1996). Judicial process: Social legitimacy and institutional viability. Supreme Court Cases (Journal), 4(1), 1–10.
[2] Baxi, U. (1985). Law, struggle and change: An agendum for activists. Social Action, 35.
[3] Baxi, U. (1997). A pilgrim’s progress: The basic structure revisited. Indian Bar Review, 24(1&2), 53.
[4] Kulshrestha, V. D. (2009). Landmarks in Indian legal and constitutional history (9th ed.). Eastern Book Company.
[5] Palkhivala, N. A. (Ed.). (1973). Judiciary made to measure. M.R. Pai.
[6] Sathe, S. P. (2001). Judicial activism: The Indian experience. Washington University Journal of Law & Policy, 6(1), 29–108.
[7] Sathe, S. P. (2001). Judicial activism in India: Transcending borders and enforcing limits. Oxford University Press India.
[8] Seervai, H. M. (1978). The emergency, future safeguards and the Habeas Corpus case: A criticism. N.M. Tripathi.
How to cite this paper
@article{1716283,
author = {Vishal Pandey, Maneesh A. Srivastava},
title = {Constitutional Law and Judicial Activism},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {10},
pages = {1106-1116},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1716283.pdf},
abstract = {Constitutional law and judicial activism represent crucial pillars in the democratic framework of India, shaping governance, protecting rights, and expanding the role of the judiciary. Judicial activism, in particular, has evolved as a significant interpretative tool through which the judiciary intervenes to advance justice, fill legislative gaps, and uphold constitutional morality. Over the past decades, numerous landmark judgments such as Kesavananda Bharati, Maneka Gandhi, Vishaka, and numerous environmental and human rights cases have transformed the scope of constitutional interpretation. This paper examines the evolution, significance, scope, and criticism of judicial activism within India’s constitutional framework. Constitutional law and judicial activism represent crucial pillars in the democratic framework of India, shaping governance, protecting rights, and expanding the role of the judiciary. Judicial activism, in particular, has evolved as a significant interpretative tool through which the judiciary intervenes to advance justice, fill legislative gaps, and uphold constitutional morality. Over the past decades, numerous landmark judgments such as Kesavananda Bharati, Maneka Gandhi, Vishaka, and numerous environmental and human rights cases have transformed the scope of constitutional interpretation. This paper examines the evolution, significance, scope, and criticism of judicial activism within India’s constitutional framework.},
month = {April},
doi = {https://doi.org/10.64388/IREV9I10-1716283}
}