Author : Shanmayie Natchiyar M, Symbiosis Law School, Nagpur

In democracy to uphold the constitution, to protect fundamental rights, to maintain the checks and balances of the government. The role of judiciary is very important. In India the judiciary takes measures to serve justice especially when the other branches of the government failed to do or act. This role of the judiciary is known as the judicial activism. Also whenever the judiciary crosses or breach the constitutional limit and interrupts in the governance sector, it results in judicial overreach. So it’s very important to know the difference to maintain the balance among the organs.

Judicial Activism is the term which refers to the work or function of the judiciary when it plays an active role in protecting equality and constitutional values and in promoting justice. 

During the time of the post emergency era, that is in the 1970s and 1980s, judiciary has played a significant role which is considered as the rise of judicial activism in India as the judiciary played an important role in promoting social justice and fundamental rights. Public interest litigation was introduced which is considered as a turning point as it allowed individuals and organisations to approach the court for justice on behalf of disadvantaged and voiceless groups. 

In the case of Kesavananda Bharati v. State of Kerala (1973) the basic structure doctrine was established by the supreme court stating that the fundamental principles of the constitution cannot be amended or changed. In Vishaka v. State of Rajasthan (1997) the  guidelines to prevent sexual harassment in the workplace was established,  when no legislative measures existed. Decisions made on the environment aspect like cleaning Ganga  and controlling vehicular pollution in Delhi was a major step taken by the supreme court in the case M.C. Mehta.  Even when the right to privacy is not mentioned in the constitution explicitly, it was declared as the fundamental right by the Supreme Court in 2017.

Therefore judicial activism is considered as the protector of public interest specifically when the duties of other two branches,that is the executive and the legislature have not performed their duties. 

We knew exactly when the judiciary should be active and how its activism is important. But in judicial overreach it is all about what or from what judiciary should step back from performing its duty and clearly makes sure that legislature makes the law, executive implements the law and the judiciary interprets them.  This is basically all about the principle of separation of powers, which is considered as the cornerstone of the governance of the democracy. 

The supreme court has previously issued an order to play the national anthem before the movie is played in the theatre. This was considered to be an interference in the personal freedom of the individual. Also in terms of too much pollution in Delhi, the court issued an order to ban diesel vehicles. The court issued an order to ban diesel vehicles in Delhi. So for this order critics say that the court is intruding into policy decisions. 

These are the examples where it clearly shows the use of power of the judiciary is more than what it is ought to do in terms of separation of power. 

This generally happens when there is inefficiency, in action, corruption in the legislative and the executive branches. When these organs fail to do their act responsibly and lack in the ethical and decision making aspect it leads to the suffering of the people as they direct to the court for help, assistance and justice.  This is why the active role is played by the judiciary as it fixes the problems and questions the balance of power and the democratic accountability. 

• The Independence of the other branches will be curtailed.

• As a result of intervention by the court, executives may fear and hesitate to act.

• It will also lead to the confusion among the citizens when the order from the court and the policy made by the legislature is contradictory. 

Therefore Striking the Right Balance is necessary, that is, Even though Judicial Activism is very important in India, it needs to be carefully exercised. The judiciary must operate within the framework of the constitution and uphold the values of democracy. 

Judicial activism played an important role in India to ensure accountability, expansion of rights, and protecting the people of marginalized groups.  However, when activism transforms to overreach, it disrupts the balance of power in the constitution and undermines the democratic institutions. The judiciary must be careful in maintaining balance—staying vigilant but restrained, active but constitutionally bound. Strong, transparent, and cooperative interactions among the three branches—executive, legislature, and judiciary—are essential for a healthy and vibrant democracy.