Judicial Activism

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