• India CSR Awards 2025
  • Guest Posts
Thursday, June 26, 2025
  • Login
India CSR
  • Home
  • Corporate Social Responsibility
    • Art & Culture
    • CSR Leaders
    • Child Rights
    • Culture
    • Education
    • Gender Equality
    • Around the World
    • Skill Development
    • Safety
    • Covid-19
    • Safe Food For All
  • Sustainability
    • Sustainability Dialogues
    • Sustainability Knowledge Series
    • Plastics
    • Sustainable Development Goals
    • ESG
    • Circular Economy
    • BRSR
  • Corporate Governance
    • Diversity & Inclusion
  • Interviews
  • SDGs
    • No Poverty
    • Zero Hunger
    • Good Health & Well-Being
    • Quality Education
    • Gender Equality
    • Clean Water & Sanitation – SDG 6
    • Affordable & Clean Energy
    • Decent Work & Economic Growth
    • Industry, Innovation & Infrastructure
    • Reduced Inequalities
    • Sustainable Cities & Communities
    • Responsible Consumption & Production
    • Climate Action
    • Life Below Water
    • Life on Land
    • Peace, Justice & Strong Institutions
    • Partnerships for the Goals
  • Articles
  • Events
  • हिंदी
  • More
    • Business
    • Finance
    • Environment
    • Economy
    • Health
    • Around the World
    • Social Sector Leaders
    • Social Entrepreneurship
    • Trending News
      • Important Days
        • Festivals
      • Great People
      • Product Review
      • International
      • Sports
      • Entertainment
    • Case Studies
    • Philanthropy
    • Biography
    • Technology
    • Lifestyle
    • Sports
    • Gaming
    • Knowledge
    • Home Improvement
    • Words Power
    • Chief Ministers
No Result
View All Result
  • Home
  • Corporate Social Responsibility
    • Art & Culture
    • CSR Leaders
    • Child Rights
    • Culture
    • Education
    • Gender Equality
    • Around the World
    • Skill Development
    • Safety
    • Covid-19
    • Safe Food For All
  • Sustainability
    • Sustainability Dialogues
    • Sustainability Knowledge Series
    • Plastics
    • Sustainable Development Goals
    • ESG
    • Circular Economy
    • BRSR
  • Corporate Governance
    • Diversity & Inclusion
  • Interviews
  • SDGs
    • No Poverty
    • Zero Hunger
    • Good Health & Well-Being
    • Quality Education
    • Gender Equality
    • Clean Water & Sanitation – SDG 6
    • Affordable & Clean Energy
    • Decent Work & Economic Growth
    • Industry, Innovation & Infrastructure
    • Reduced Inequalities
    • Sustainable Cities & Communities
    • Responsible Consumption & Production
    • Climate Action
    • Life Below Water
    • Life on Land
    • Peace, Justice & Strong Institutions
    • Partnerships for the Goals
  • Articles
  • Events
  • हिंदी
  • More
    • Business
    • Finance
    • Environment
    • Economy
    • Health
    • Around the World
    • Social Sector Leaders
    • Social Entrepreneurship
    • Trending News
      • Important Days
        • Festivals
      • Great People
      • Product Review
      • International
      • Sports
      • Entertainment
    • Case Studies
    • Philanthropy
    • Biography
    • Technology
    • Lifestyle
    • Sports
    • Gaming
    • Knowledge
    • Home Improvement
    • Words Power
    • Chief Ministers
No Result
View All Result
India CSR
No Result
View All Result
Home Articles

Judicial Activism in India: Safety Valve in a Democracy

India CSR by India CSR
August 24, 2021
in Articles
Reading Time: 4 mins read
India to get first woman Chief Justice in 2027

Photo: opiniojuris.org

1.1k
VIEWS
Share Share Share Share

Judicial activism is the use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. The Hon’ble Supreme Court of India despite its constitutional limitations has come up with flying colors as a champion of justice in the true sense of the word.

Judicial Activism has touched almost every aspect of life in India to do positive justice and in the process has gone beyond, what is prescribed by law or written in black and white. The only thing that the Judiciary must keep in mind is that while going overboard to do justice to the common man, it must not overstep the limitations prescribed by our sacrosanct i.e. The Constitution.

In a modern democratic setup, Judicial Activism should be looked at as a mechanism to curb legislative adventurism and executive tyranny by enforcing Constitutional limits. That is, it is only when the Legislature and the Executive fail in their responsibility or try to avoid it, that Judicial Activism has a role to play. In other words, Judicial Activism is to be viewed as a “damage control” exercise, in which sense, it is only a temporary phase. Recent times have seen Judiciary play an intrusive role in the areas that are constitutionally reserved for the other branches of government.

What is Judicial Activism?

Judicial Activism can be regarded as an unconventional role played by the Judiciary by delivering valuable judgments and granting reliefs to the aggrieved according to moral and social justice standards where statutory law is silent or even contrary. Active interpretation of an existing provider with a view to enhancing the utility of legislation for social betterment can be regarded as Judicial Activism. In brief, it can be also assumed that Judicial Activism comes into play when there is legislative
shortsightedness or executive arbitrariness, or both.

In the words of Hon’ble Justice J.S.Verma (Retd.), Judicial Activism must necessarily mean – “The active process of implementation of the Rule of Law, essential for the preservation of functional democracy”. Judicial Activism is an ascriptive term. While some may exalt the term by ascribing it as judicial creativity, the dynamism of the judges, bringing a revolution in the field of human rights and social welfare through the enforcement of public duties, etc., others have criticized the term by ascribing it as judicial extremism, judicial terrorism, transgression into the domains of other organs of the State negating the constitutional spirit, etc.

Judicial Activism in India

During the last two decades, Judicial Activism has played a major role in protecting the rights and freedoms of individuals, as guaranteed under the Constitution. After the landmark decision in the Maneka Gandhi case, courts have assumed an activist posture and come forward to the rescue of aggrieved citizens. In a number of cases, the Judiciary has interpreted the constitutional provisions in their wider possible meaning to protect basic civil liberties and fundamental rights. During this period, our Judiciary developed the concept of social action litigation and public interest litigation by discarding the traditional and self-imposed limitations on its own jurisdiction.

In 1975, Hon’ble Justice VR Krishna Iyer (Retd.) for the first time the Bar Council case advocated a liberal interpretation of locus standi in public interest litigation. He observed that in developing countries like India, public-oriented litigation better fulfills the Rule of Law if it is to run close to the rule of life. Hon’ble Justice P.N. Bhagwati (Retd.) had observed that there is an urgent need to innovate new methods and strategies for the purpose of providing access to justice to the large masses of people who are denied their basic human rights and to whom freedom and liberty have no meaning.

Justice Bhagwati further developed the idea of social justice through Judicial Activism in another case in which he observed, “The time has now come when the courts must become the court for the poor and struggling masses of this country. It is through public interest litigation that problems of the poor are now coming to the forefront and the entire theatre of the law is changing. It holds out great possibilities for the future.”

Areas of Judicial Activism

During the past decade, many instances of Judicial Activism have gained prominence. The areas in which Judiciary has become active are health, child labor, political corruption, environment, education, etc. Through various cases relating to Bandhua Mukti Morcha, Bihar Under trials, Punjab Police, Bombay Pavement Dwellers, Bihar Care Home cases, the Judiciary has shown its firm commitment to participatory justice, just standards of procedures, immediate access to justice, and preventing arbitrary state action.

Public Interest Litigation is an innovative step towards Judicial Activism. The area of Judicial Activism has been steadily expanding through the device of public interest litigation. P.I.L. means a suit filed in a court of law for the protection of public interest such as pollution, terrorism, road safety, etc.

Judicial activism in India acquired importance due to public interest litigation. Judicial Activism provides a safety valve in a democracy. Just a few concerns need to be addressed so as to prevent Judiciary from usurping the powers of the other organs. It is important to determine areas, where the Judiciary is required to decide in favour of the political establishment of the day, and the best mechanism for it would be ‘self-restraint’ on the part of the Judiciary. The panacea for the so-called evil ‘over-reach is with the Judiciary itself and ‘self–restraint’ is the best form of keeping a check on itself. To conclude I quote Anil Divan, Senior Advocate Supreme Court of India – “That plants slowly nurtured by judicial craftsmanship have grown into sturdy trees and have blossomed with colorful and fragrant flowers. Judicial Activism has added much-needed oxygen to a gigantic democratic experiment in India by the alchemy of judico-photosynthesis.” (The article first published in Hitavada)

Views are personnel.

(India CSR/August 24, 2021)

IndiaCSR Whatsapp Channel
Tags: Areas of Judicial ActivismJudicial Activism in IndiaJudicial Activism in Modern IndiaJudicial Activism Safety Valve in a DemocracyMake judicial system accessibleSupreme Court of IndiaWhat are the Areas of Judicial ActivismWhat is Judicial Activism?

India CSR offers strategic corporate outreach opportunities to amplify your brand’s CSR, Sustainability, and ESG success stories.

📩 Contact us at: biz@indiacsr.in

Let’s collaborate to amplify your brand’s impact in the CSR and ESG ecosystem.

India CSR

India CSR

India CSR is the largest media on CSR and sustainability offering diverse content across multisectoral issues on business responsibility. It covers Sustainable Development, Corporate Social Responsibility (CSR), Sustainability, and related issues in India. Founded in 2009, the organisation aspires to become a globally admired media that offers valuable information to its readers through responsible reporting.

Related Posts

Green Buildings
Articles

When Cities Grow Green by Design: Can Manicured Nature Replace the Wild?

1 day ago
12
Sustainability
Articles

Sustainability Is No Longer the Pitch, It’s the Project

1 month ago
34
Corporate Social Responsibility
Articles

Practices That Power CSR Talent and Governance in India

1 month ago
74
water harvesting in rural India
Articles

From Scarcity to Sustainability: How Water Harvesting is Transforming Rural Communities

2 months ago
59
Top Drivers for Sustainability and Responsibility in 2023
Articles

Three Responsibilities Foreign Investors Must Embrace in India: A New Era of Accountability

3 months ago
24
Pavan Kaushik
Articles

A Strong Mind and Unwavering Decisions by Women Changed the Dynamics of Child Mortality and Maternal Mortality Ratio in India

3 months ago
58
Prioritize the Social Sector and Look at More Inclusive Development
Articles

2025 Should Prioritize the Social Sector and Look at More Inclusive Development

3 months ago
101
Digital Transformation
Articles

Harnessing Digital Transformation for Strengthening Internal Marketing and Organizational Synergy 

3 months ago
10
Corporate Social Responsibility (CSR)
Articles

Closing the Learning Divide: How Edufront is Transforming Schools Through CSR Partnerships

3 months ago
622
Load More
India CSR Awards India CSR Awards India CSR Awards
ADVERTISEMENT

LATEST NEWS

Toyota and Ohmium Unite to Power India’s Hydrogen Energy Future

IIM Sambalpur Leads Odisha’s Vision for a Sustainable Net-Zero Future

CSR: Godrej Enterprises Supports Skill Growth Through ITI Collaboration in Maharashtra

Naveen Pandey Appointed Managing Director at Bajaj Consumer Care

CSR: Reliance Foundation School Student Chosen for RSI-India 2025 at IISc Bengaluru

CSR: Hindustan Zinc strengthens workforce diversity with 44% growth in LGBTQIA+ employees

HZL HZL HZL
ADVERTISEMENT

TOP NEWS

Delta Electronics India Named ‘ESG Company of the Year’ at 2025 Environmental Conclave

CSR: Akshaya Patra Taps AI Power from Automation Anywhere for 5 Million Meals a Day

CSR: Reliance Foundation School Student Chosen for RSI-India 2025 at IISc Bengaluru

CSR: NMDC Invites Applications for Fully Sponsored Education Programs for Tribal Youth in Chhattisgarh

JSW Energy CSR Spending Report of Rs 34 Crore for FY2025

Integra Engineering Spent Rs 32.59 Lakhs on CSR in FY2025

Load More

Advertisement

Image Slider
content writing services Guest Post Top 5 Reasons to have Sponsored Posts at India CSR – India’s Largest CSR Media stem learning R2V2 Technologies Private Limited

Interviews

Himanshu Nivsarkar, Senior Executive Vice President and Head of CSR & ESG at Kotak Mahindra Bank
Interviews

Driving Sustainable Impact: An Interview with Himanshu Nivsarkar, Kotak Mahindra Bank

by India CSR
May 22, 2025
124

By Rusen Kumar NEW DELHI (India CSR): Himanshu Nivsarkar, Senior Executive Vice President and Head of CSR & ESG at Kotak...

Read moreDetails
Balamurugan Thevar, CSR Head at Shriram Finance

Empowering Women Drivers: An Interview with Balamurugan Thevar, CSR Head at Shriram Finance

May 20, 2025
207
N E Sridhar, the Chief Sustainability Officer at Titan Company Ltd.

Empowering Rural Craft Entrepreneurs: An Interview with N E Sridhar, Titan Company

May 15, 2025
94
Geetaj Channana, the Head of Corporate Strategy at Vivo India

Empowering Young Innovators Across India: An Interview with Geetaj Channana, the Head of Corporate Strategy at Vivo India

April 25, 2025
52
Load More
Facebook Twitter Youtube LinkedIn Instagram
India CSR Logo

India CSR is the largest tech-led platform for information on CSR and sustainability in India offering diverse content across multisectoral issues. It covers Sustainable Development, Corporate Social Responsibility (CSR), Sustainability, and related issues in India. Founded in 2009, the organisation aspires to become a globally admired media that offers valuable information to its readers through responsible reporting. To enjoy the premium services, we invite you to partner with us.

Follow us on social media:


Dear Valued Reader

India CSR is a free media platform that provides up-to-date information on CSR, Sustainability, ESG, and SDGs. They need reader support to continue delivering honest news. Donations of any amount are appreciated.

Help save India CSR.

Donate Now

donate at indiacsr

  • About India CSR
  • Team
  • India CSR Awards 2025
  • Partnership
  • Guest Posts
  • Services
  • Content Writing Services
  • Business Information
  • Contact
  • Privacy Policy
  • Terms of Use
  • Donate

Copyright © 2025 - India CSR | All Rights Reserved

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • Corporate Social Responsibility
    • Art & Culture
    • CSR Leaders
    • Child Rights
    • Culture
    • Education
    • Gender Equality
    • Around the World
    • Skill Development
    • Safety
    • Covid-19
    • Safe Food For All
  • Sustainability
    • Sustainability Dialogues
    • Sustainability Knowledge Series
    • Plastics
    • Sustainable Development Goals
    • ESG
    • Circular Economy
    • BRSR
  • Corporate Governance
    • Diversity & Inclusion
  • Interviews
  • SDGs
    • No Poverty
    • Zero Hunger
    • Good Health & Well-Being
    • Quality Education
    • Gender Equality
    • Clean Water & Sanitation – SDG 6
    • Affordable & Clean Energy
    • Decent Work & Economic Growth
    • Industry, Innovation & Infrastructure
    • Reduced Inequalities
    • Sustainable Cities & Communities
    • Responsible Consumption & Production
    • Climate Action
    • Life Below Water
    • Life on Land
    • Peace, Justice & Strong Institutions
    • Partnerships for the Goals
  • Articles
  • Events
  • हिंदी
  • More
    • Business
    • Finance
    • Environment
    • Economy
    • Health
    • Around the World
    • Social Sector Leaders
    • Social Entrepreneurship
    • Trending News
      • Important Days
      • Great People
      • Product Review
      • International
      • Sports
      • Entertainment
    • Case Studies
    • Philanthropy
    • Biography
    • Technology
    • Lifestyle
    • Sports
    • Gaming
    • Knowledge
    • Home Improvement
    • Words Power
    • Chief Ministers

Copyright © 2025 - India CSR | All Rights Reserved

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.