LIJDLR

Judicial Activism

JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS

JUDICIAL ACTIVISM AS AN INSTRUMENT OF ACCOUNTABILITY IN INDIA: AN ANALYSIS THROUGH RECENT LANDMARK JUDGMENTS Vikash Kumar Das, LLM Student at Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2025.v03.90 The recent landmark judgment in The State of Tamil Nadu vs. Governor of Tamil Nadu & Anr., 2025, wherein the Hon’ble Supreme Court set a deadline for the President and Governors to act upon Bills within a prescribed timeline, has sparked intense debates on the separation of powers and judicial overreach. Judicial activism and the doctrine of separation of powers in India have been subjects of intense debate for decades. Through judicial activism, the Judiciary safeguards the constitutional framework and the rights of the people from the arbitrary exercise of power by the other branches of government. Hence, its role becomes imperative, although it often faces critical remarks and power struggles from the Legislature and the Executive. This Research Article examines the concept of Judicial Activism through the lens of recent landmark judgments. It discusses the constitutional perspective of judicial activism and the separation of powers. It delves into how judicial activism is an instrument for safeguarding constitutional values and helps establish good governance. This research paper highlights the role of judicial activism in laying the foundation for accountable government, safeguarding the rights of the people, and upholding constitutional values in this modern era through the lens of Constitutional Provisions and recent landmark judgments. It further highlights how it led to the formulation of welfare-oriented policies and legislation aimed at advocating the common good and fostering good governance, irrespective of the criticism it faces. The research article employed doctrinal and secondary legal databases to conduct this research.

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TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA

TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA Saara Upadhyaya, B.A.LL.B student at Kalinga Institute of Industrial Technology, School of Law. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.41 In an era where the boundaries of rights and governance are constantly tested, judicial activism emerges as a significant force for constitutional interpretation, reshaping the landscape of justice and democracy. The necessity of Judicial Activism is prevalent in all the cases where there is a want of justice that is not legislated by a specific law but is established through constitutional principles. This paper aims to explore and discuss the role of judicial activism in the interpretation of the Constitution. It highlights the important features of judicial activism in establishing constitutional law in India and also discusses its types. It also discusses how judicial activism differs across various countries and legal systems and gives a Comparative analysis of judicial activism between India, Pakistan, South Africa, Canada, and the USA. This study throws light on how two distinct philosophies, i.e. judicial activism and judicial restraint differ in interpreting the Constitution in their ways. This paper discusses and analyses some of the most prominent case laws like Keshavananda Bharathi vs State of Kerala, Golakhnath vs State of Punjab, and Vishaka vs. State of Rajasthan that shaped judicial activism in India. This study reflects on the importance of maintaining a judicious approach to activism within the judiciary while upholding constitutional values. It concludes with recommendations and highlights the importance of judiciary intervention in the Constitution. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 17-32. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES

ANALYSING THE SCOPE OF JUDICIAL REVIEW IN CONTEMPORARY ISSUES Arka Biswas, Student at Guru Gobind Singh Indraprastha University Download Manuscript ABSTRACT As a keystone of constitutional democracy, judicial review plays a very important role in safeguarding the rule of law and protecting fundamental rights. This research paper aims to take a deeper look at the scope and ambit of judicial review of contemporary issues, exploring its advantages and challenges in today’s legal environment. It addresses concerns about the role of the judiciary, the distribution of powers, and the delicate balance between the judiciary and other branches of government. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 67-91. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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