Judicial activism and its notion have entered into every dimensions of life of legal system as well as human beings. It may include justice, freedom, equality, integrity which has been enshrined in the Constitution of India. Judicial activism empowers higher judiciary to enter into domain of executives and legislatures if needed for the benefits of public at large. The judiciary with notion of House of Lords in Thomas Bonham v. College of Physicians,2 and American precedents in U.S. Supreme court, Marbury v. Madison 3 have paved way for idea of judicial activism. The aim of judiciary is to deliver fair and appropriate justice. In this regard, judiciary may declare any law as unconstitutional if it is inconsistent with constitution of India or fundamental rights or moral values in respective society. If the judiciary exceeds beyond the constitution in achieving justice them the constitutional limitations will limit power of judiciary. Therefore, judiciary exercise its activist role within parameters and limits of Constitution of India, and acceptable to the society.
2017-18-Vol3-Issue1-_7
