Judicial Activism in India
News:
- The Supreme Court criticized States for acting as judges to punish accused persons by demolishing their homes without trial, calling it a “might is right” display.
- The Bench of Justices B.R. Gavai and K.V. Viswanathan issued binding directives using extraordinary powers under Article 142 of the Constitution to establish accountability for public officials.
Understanding Judicial Activism in India: The Role of the Supreme Court in Ensuring Justice
Introduction: Judicial activism is a term that has gained significant importance in the Indian legal system over the past few decades. It refers to the proactive role played by the judiciary, particularly the Supreme Court of India, in interpreting laws, protecting fundamental rights, and, in some cases, stepping in to create new laws or policies. Unlike traditional judicial restraint, where courts simply interpret laws, judicial activism involves the judiciary taking on a more active role in shaping societal issues, sometimes going beyond the strict boundaries of existing legal provisions to ensure justice.
What is Judicial Activism?
Judicial activism can be defined as the judiciary’s intervention in matters where it perceives the failure of the executive or legislature to ensure justice. Courts may issue directives or judgments that influence public policy or governance when it feels there is a failure to address critical issues or uphold citizens’ rights. In India, judicial activism has often been linked to the Supreme Court exercising its power to safeguard the rights of citizens and protect the democratic fabric of the country.
Key Features of Judicial Activism in India
- Protection of Fundamental Rights: The Supreme Court of India has been at the forefront of protecting fundamental rights under Part III of the Indian Constitution. Judicial activism often ensures that rights, such as the right to life, liberty, and dignity, are not infringed upon by the state or any other authority.
- Public Interest Litigation (PIL): A significant tool in judicial activism is the use of Public Interest Litigation (PIL). This allows individuals or groups to approach the Court for issues that affect the public at large, even if they are not directly involved. PILs have been crucial in driving reforms in areas such as environmental protection, social justice, and human rights.
- Expanding the Scope of Laws: Judicial activism often involves expanding or interpreting laws in a manner that addresses current issues, even when existing statutes are insufficient.
Article 142 of the Indian Constitution: The Extraordinary Power of the Supreme Court
A critical provision in India’s Constitution that empowers the judiciary is Article 142. This article grants the Supreme Court the power to issue any order or decree it deems necessary to deliver “complete justice” in any case before it.
Scope and Significance of Article 142:
- Extraordinary Powers: Article 142 is a unique provision that gives the Supreme Court the flexibility to go beyond ordinary laws when necessary. The Court can issue directions or orders that ensure complete justice, even in cases where existing laws do not provide adequate remedies.
- Binding Directives: The orders passed by the Supreme Court under this provision are binding on all states and territories of India. This means that once the Court issues a directive, it must be followed by all public authorities, including state governments.
- Filling Legal Gaps: In cases where the law may be silent or inadequate, the Supreme Court can intervene to ensure that justice is served, helping bridge the gap between the law and the needs of
Recent Application of Judicial Activism: The Case of Unlawful Demolitions
One of the most recent examples of judicial activism in India came when the Supreme Court intervened in the issue of unlawful demolitions by state governments. Some states had been demolishing the homes of individuals accused of illegal activities, without following due process or granting them a trial. In a scathing criticism, the Court called this a display of “might is right,” where states took matters into their own hands, bypassing judicial scrutiny.
The Supreme Court bench, consisting of Justices B.R. Gavai and K.V. Viswanathan, invoked Article 142 to issue binding directives to prevent such actions and ensure accountability from public officials. This case is a striking example of judicial activism, where the Court used its extraordinary powers to prevent the abuse of power by the executive and protect the constitutional rights of individuals.
Benefits of Judicial Activism in India
- Protection of Rights: Judicial activism has played a key role in ensuring that fundamental rights of citizens are upheld, especially in cases where the state or other authorities have failed to act. For example, the Right to Privacy judgment in 2017, where the Supreme Court declared that privacy is a fundamental right, was a result of judicial activism.
- Social and Environmental Reforms: The judiciary has also been instrumental in pushing for social and environmental reforms. The Taj Trapezium Case (involving pollution around the Taj Mahal) and the Ganga Pollution Case are notable examples where the Court intervened to protect the environment, using its powers to issue directions that changed the way authorities managed pollution.
- Promoting Accountability: Judicial activism promotes accountability in governance by holding public officials responsible for their actions. The Court has frequently intervened to prevent illegal practices or corruption, ensuring that the rule of law is maintained.
Challenges and Consequences of Judicial Activism
- Judicial Overreach: A major criticism of judicial activism is the potential for judicial overreach, where the judiciary exceeds its mandate and interferes in areas traditionally governed by the executive or legislature. Critics argue that this undermines the separation of powers, a core principle of the Indian Constitution.
- Political Influence: There are concerns that judicial activism could be influenced by political agendas, leading to judgments that may reflect personal or political biases rather than the broader public interest. This raises questions about the Court’s role in policymaking.
- Imbalance in Power: Some critics fear that judicial activism can disturb the balance of power between the different branches of government, especially if the judiciary starts assuming the role of policy-maker. This could create an imbalance where one branch of government has more
Examples of Judicial Activism in India
- Bhopal Gas Tragedy (1984): Following the catastrophic gas leak from the Union Carbide factory, the Supreme Court intervened to ensure compensation for the victims, even though the legal system did not have provisions for such large-scale compensation at the time.
- Ayodhya Dispute (1994-2019): The Supreme Court played a pivotal role in resolving the long-standing Ayodhya land dispute. In its judgment, the Court aimed to balance the religious sentiments of different communities while ensuring that legal rights were respected.
- Environmental Protection: The Supreme Court has used Article 142 in several environmental cases, such as those addressing the pollution around the Taj Mahal and the cleaning of the Ganga. These decisions reflect judicial activism’s role in protecting public health and heritage.
Delimitation and Representation Challenges
Judicial activism is also pertinent in matters related to representation and policy, such as delimitation and seat allocation in Parliament. As reports suggest, the delimitation process might skew political power towards Hindi-speaking regions, disproportionately affecting states like Kerala and Tamil Nadu. The Supreme Court could step in to address potential discriminatory practices that could arise, ensuring that the representation process remains balanced and in line with federal principles.
Conclusion:
Judicial activism in India has played an essential role in safeguarding fundamental rights, enforcing public policies, and holding the executive accountable. Through the use of Article 142, the Supreme Court has been able to pass binding directives that go beyond the limitations of existing laws to ensure that justice is not only done but is seen to be done. While judicial activism has led to positive reforms in areas like environmental protection, human rights, and social justice, it also presents challenges, particularly in terms of judicial overreach and the balance of power.
As India continues to navigate complex societal issues, judicial activism will remain a crucial tool in ensuring that justice is upheld. However, it must be applied with caution to avoid overstepping the bounds of the judiciary’s role and to maintain a harmonious balance between the three branches of government. The recent demolition case serves as a timely reminder of the Supreme Court’s power to act as the final guardian of the Constitution and rule of law.
Practice Essay:
“The Role of Judicial Activism in Shaping India’s Legal and Social Landscape”.
