Subject: Polity
Judicial activism is often justified as a necessary response when other branches of government fail to protect the rights of the people or address urgent social issues. This proactive stance is seen as essential for ensuring that the promises of the Constitution are fulfilled, especially in situations where legislative inertia or executive overreach prevails.
For instance, when rapid industrialization poses threats to environmental quality or when marginalized communities are deprived of their basic rights, an activist judiciary can intervene to restore balance and justice. The justification lies in the belief that the courts have a duty to safeguard the fundamental rights enshrined in the Constitution, even if that requires a broader interpretation of legal texts.
Such interventions are seen not as overreach, but as a corrective measure to ensure that constitutional principles are not compromised by political expediencies. The role of judicial activism, therefore, is to act as a bulwark against systemic failures and ensure that governance remains responsive to the needs of all citizens.