THE ROLE OF JUDICIAL ACTIVISM IN SHAPING CONSTITUTIONAL LAW OF INDIA

Abstract

“It is for the judge to give meaning to what the legislature has said and it is this process of interpretation which constitutes the most creative and thrilling function of a judge.”

Chief Justice P.N. Bhagwati

Judicial activism has an active and transformational role in shaping India's constitutional law. Researcher discusses the essential features of this effect, highlighting the judiciary's proactive application and interpretation of the Constitution in light of changing societal requirements. Judicial activism in India has broadened the scope of fundamental rights, supported public interest litigation (PIL), tackled environmental issues, promoted social justice and protected human rights. The court has served as an important check on the jurisdiction of other arms of government, establishing a balance of power and upholding constitutional ideals. While judicial activism has played an important role in changing the Constitution to modern concerns, it has also been criticized for possible abuse. This paper captures the diverse influence of judicial activism, demonstrating its significance as a driving force in transforming India's constitutional landscape. Doctrinal study or secondary data will be used in this paper.