Judicial activism is often characterized as the proactive role played by the Judiciary, and in the Indian context, it is deemed essential for the preservation of functional democracy. Despite the negative connotations associated with the term “activism,” the Indian Judiciary consistently functions as an alarm bell, ensuring the maintenance of the federal character and prompting the executive to fulfill its duties.
The concept of judicial activism is not entirely distinct from routine judicial activities; rather, it involves policy-making in competition with the legislative and executive branches. True judicial activism lies in rendering decisions aligned with the contemporary zeitgeist. Activism, in this context, entails judicial policy-making that advances social change and articulates principles like liberty, equality, or justice. An activist judge activates the legal mechanism, playing a vital role in the socio-economic process.
Judicial activism reflects several trends in the administrative system, including the expansion of rights to be heard on administrative lapses, unchecked delegation of powers, increased judicial control over discretionary powers, extended judicial review over administration, and the indiscriminate use of contempt power. In India, the national emergency in the late 1970s temporarily placed the apex court and High Courts under the executive’s authority.
However, towards the end of this period, the Supreme Court and some High Courts began exhibiting signs of judicial activism by intervening in executive and legislative matters. Since then, the Supreme Court has frequently resorted to judicial activism as a tool to preserve the Constitution’s structure and promote the socio-economic development of the country. The Judiciary’s stance in recent cases, such as the 2G spectrum case, vividly illustrates the necessity of judicial activism in reshaping administrative requirements.
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