• Siddharth Tiwari
• Dr. Anjuli Sharma
• Dr. Vinod Kankar

Judicial activism is today one of the most misused constitutional terms. India practices constitutional democracy with emphasis on constitutionalism. This comes with it to high rates of political activities with misuse of political powers granted in the Constitution by the political actors. Naturally, the court is called upon to wear its active posture and interpret the Constitution as it affects the political class. However, each decision of the courts interpreting the constitution against the political class is met with cries of “judicial activism” from one side of the political spectrum or the other. The other cry seems to be that the courts are encroaching into the domain of the political class thereby violating the doctrine of political questions which is essentially a function of separation of powers. Over the last few years with various controversial decisions, judges of the Supreme Court as well as various High Courts have once again triggered off the debate that has always generated a lot of heat. But still, what the term “judicial activism” actually connotes is still a mystery. From the inception of legal history till date, various critics have given various definitions of judicial activism, which are not only different but also contradictory. This is an attempt to bring out the exact connotation of “judicial activism” and to find out its effects on today’s changing society. The Indian constitution which was drafted in 1950 is one of the well compiled and well planned constitutions.

human right judicial activism

"AN ANALYTICAL STUDY OF JUDICIAL ACTIVISM IN INDIA AND ITS ROLE IN PROTECTION OF HUMAN RIGHTS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 1, page no.d148-d163, January-2025, Available :http://www.jetir.org/papers/JETIR2501316.pdf

"AN ANALYTICAL STUDY OF JUDICIAL ACTIVISM IN INDIA AND ITS ROLE IN PROTECTION OF HUMAN RIGHTS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 1, page no. ppd148-d163, January-2025, Available at : http://www.jetir.org/papers/JETIR2501316.pdf