ClearMains
15 marks · 250 words
Judicial activism refers to the proactive role of the judiciary in protecting citizens' rights and promoting constitutional morality, often utilizing mechanisms like Public Interest Litigation (PIL) and the extraordinary powers under Article 142. While it serves as a crucial democratic shield, its excess threatens the institutional balance of power.
As a Safeguard to Democratic Governance
As a Challenge to Democratic Governance
Conclusion As the Supreme Court itself cautioned in the Mathura case and others, the judiciary must not act as a "super-legislature." While judicial activism is a vital cure for executive stagnation, it must be tempered with judicial restraint. A functional democracy relies on "cooperative constitutionalism" where the legislature, executive, and judiciary respect each other's boundaries.
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