Understanding Judicial Activism and its impact

Abstract

Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. The objective of this paper is to study the active role of Indian Judiciary for promoting Justice. Judicial Activism is the tool that has helped the judiciary to create a supremacy over the affairs of the other two organs and their functioning. The society is to be regulated beyond the realm of laws as well, whenever there is a grey area or loopholes, judiciary cannot just sit quietly and let injustice happen and thus they play the role of protectors of law beyond the subjective laws as well. The paper also analyses the impact of judicial activism on Indian society and Indian politics. It can be conclude that when the elected representatives fail to create a welfare state then the role of judiciary becomes indispensable but the judiciary cannot intervene in the state affairs just to show its supremacy.