Topic Details (Notes format)

Judicial Activism

Subject: Polity

Book: Indian Polity by M. Laxmikanth

Characterized by proactive judgments where courts step in to fill legislative or executive voids. Often exercised through Public Interest Litigation (PIL) that broadens access to justice for marginalized communities. Critics argue that excessive activism blurs the separation of powers. However, advocates see it as necessary when governance fails, citing cases like Vishakha (1997) on workplace harassment guidelines and environment protection mandates. Judicial activism can reshape socio-political landscapes, as judges interpret fundamental rights in progressive ways. Balancing activism and judicial restraint remains a constant debate, hinging on whether courts are overreaching or rightfully safeguarding constitutional morality.

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