DR.
RAM MANOHAR LOHIYA NATIONAL
LAW
UNIVERSITY, LUCKNOW.
CONSTITUTIONAL LAW-II
SYNOPSIS
ON
JUDICIAL ACTIVISM
Under The Guidance of:
Submitted by:-
Gulafsha
Dr. Atul Kumar Tiwari
Associate Professor (Law)
HOD (Legal Studies)
Rollno.62
Dr. RMLNLU
IV Semester
Signature of Professor
Signature of student
ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep regards to my Dean
(Academics), Professor C.M. Jariwala and Associate Professor Dr. Atul Kumar Tiwari
for their exemplary guidance, monitoring and constant encouragement to give shape to this
project. The blessing, help and guidance given by them time to time shall carry me a long
way in the journey of life on which I am about to embark.
I also take this opportunity to express a deep sense of gratitude to my respected seniors who
share their cordial support, valuable information and guidance, which helped me in
completing this task through various stages.
Lastly, I thank the almighty, my parents, brother, sisters and friends for their constant
encouragement without which this assignment would not have been possible.
Gulafsha
Table of Contents
Objective
Hypothesis
Research methodology
Abstract
Introduction
Tentative Chapterisation
Bibliography
Objective
The objective of this project is to study the emerging concept of Judicial Activism in India.
The project will be dealing with all the aspects regarding this concept. The positive and
negative effects will be dealt respectively.
Hypothesis
Judicial activism is the view that the Supreme Court and other judges can and should
creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges'
own visions regarding the needs of contemporary society. Judicial activism believes that
judges assume a role as independent policy makers or independent "trustees" on behalf of
society that goes beyond their traditional role as interpreters of the Constitution and laws. The
concept of judicial activism is the polar opposite of judicial restraint.
Research Methodology
Since the methodology of research is DOCTRINAL research methodology i.e. the method of
my analysis is descriptive and analytical .While researching on the topic, various books and
internet sources have been consulted. For thorough study of project topic, all the possible
means and reasons have been used. The project topic has been elaborated to best of
knowledge and available information.
I would refer from various other sources such as newspapers, law journals and sites for
searching the relevant cases for making my final draft. I will include all relevant data related
to this topic in more detail in my final draft.
Abstract
For the past several decades, the Indian Judiciary has played a crucial role not only in
safeguarding the fundamental rights of citizens of India, but by creative interpretation of laws
as well because of which we have witnessed various landmark decisions. In a country
plagued by political incompetency and lethargisity of executives, Judiciary has increased its
purview by getting concerned in law making and interpretation process. By doing so, the
Supreme Court has passed landmark judgments in topics ranging from fundamental rights,
political elections, environment, and corruption to reservation given to backward cast, Taj
Corridor case, 2G scam and distribution of food grains to citizens below poverty line. With
growing incompetence of government to deal with some of the prevailing issues, it is only
time for the Indian Judiciary to adopt Judicial Activism in its full form.
Introduction
Acc. to former Chief Justice of India A.M. Ahmadi, Judicial Activism is a necessary
adjunct function since the protection of public interest as opposed to private interest happens
to be its main concern.1
Any system that is not keeping pace with the changing society cannot survive for a long time.
Indeed, our judiciary has realised the changing situation and has shed the grab of traditional
method of administering justice. This is what we call Judicial Activism. The Supreme
Court of India has undertaken many ventures such as Bihar under trials; Bhagalpur blinding
etc.. It has adopted a proactive approach regarding the peculiar socio-economic conditions
prevailing in the country. The judges have adopted an activist approach. In the climate of
exploitation, conflict and violence, Judges are not justified in invoking the doctrines of selfrestraint and passive attitude. Judicial Activism deals with the political role played by the
judiciary, like the other two branches of the state viz., the Legislature and the Executive. Acc.
to Prof. Upendra Baxi-Judicial Activism is that way of exercising judicial power which
1 A.M. Ahmadi, Judicial Process: Social Legitimacy and Institutional Viability (1996) as cited in
Sathe, S.P., Judicial Activism in India, Oxford University Press, 2007 pno. 25.
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seeks fundamental re-codification of power relations among the dominant institution of State,
manned by members of the ruling classes.2
Tentative Chapterisation
Introduction
Judicial Activism
Reasons of Emergence of Judicial Activism
Origin & Development
Role of Judicial Activism in changing societal needs
Conclusion
Bibliography
Bibliography
BOOKS REFERRED:
Sathe, S.P., Judicial Activism in India.
Jain, M.P., Indian Constitutional Law, Lexis Nexis, Nagpur, 2012.
Seervai, H.M., Constitutional law of India, Universal Law Publishing, Allahabad,
2006.
SITES REFERRED:
www.thehindu.com
www.scconline.com
www.legalblog.com
www.manupatrafast.com
2 Wadehra, Dr. B.L. , Public Interest Litigation, Universal Law Publishing2009, pno. 160.
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