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PPT: Judicial Activism
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| 1. What is judicial activism? |  |
Ans. Judicial activism refers to the proactive role played by the judiciary in interpreting the law and the Constitution, often leading to judicial rulings that may influence or change public policy. It is marked by a willingness to overturn legislative and executive actions when deemed unconstitutional or unjust.
| 2. How does judicial activism differ from judicial restraint? | |
Ans. Judicial activism differs from judicial restraint in that the former involves a more interventionist approach where judges actively interpret laws and the Constitution to address social issues, while the latter promotes a conservative interpretation, advocating that judges should defer to the decisions of the legislative and executive branches unless there is a clear violation of the Constitution.
| 3. What are some notable examples of judicial activism in India? | |
Ans. Notable examples of judicial activism in India include the Public Interest Litigation (PIL) movement, which allows individuals to file petitions for the public good. Cases like Vishaka v. State of Rajasthan, which established guidelines against sexual harassment at the workplace, and the decriminalisation of Section 377 of the Indian Penal Code are significant instances where the judiciary took an active stance to uphold fundamental rights.
| 4. What role does the judiciary play in protecting fundamental rights through judicial activism? | |
Ans. The judiciary plays a crucial role in protecting fundamental rights through judicial activism by interpreting the Constitution in a manner that expands the scope of these rights. It ensures that the state does not infringe upon individual rights and addresses grievances that arise from legislative inaction or executive overreach, thereby acting as a guardian of democracy.
| 5. What are the criticisms associated with judicial activism? | |
Ans. Criticisms of judicial activism include the perception that it undermines the separation of powers by encroaching upon the domains of the legislature and executive. Critics argue that it can lead to judicial overreach, where judges impose their views on policy matters better suited for elected representatives, potentially disrupting the democratic process and accountability.
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Apr 18, 2026 Last updated
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