EFFICACY OF JUDICIAL ACTIVISM IN INDIA : A SOCIO-LEGALOUTLOOK

Introduction
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.