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JUDICIAL ACTIVISM AND ADMINISTRAT ABHISHEK GUPTA

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Summary
THE NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

CONSTITUTIONAL LAW : NEW CHALLENGES

PROJECT ASSIGNMENT ON

JUDICIAL ACTIVISM AND ADMINISTRATIVE ACTIONS

UNDER THE SUPERVISION OF

PROF.(DR.) V.K. DIXIT and MS.SAUBHAGYA BHADKARIA

SUBMITTED BY

ABHISHEK GUPTA

ENROLLMENT ID : 2022LLM54
SEMESTER I
 3

THE NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL 2

ACKNOWLEDGEMENT 5
DECLARATION OF ORIGINALITY 6
LIST of statute 8
TABLE OF CASES 8
FOREIGN CASES 9
ABSTRACT 10
1. INTRODUCTION 11
1.1 LITREATURE REVIEW 11
1.2 STATEMENT OF PROBLEM 13
1.3 HYPOTHESIS 13
1.4 RESEARCH QUESTIONS 13
1.6 RESEARCH METHODOLOGY 14
1.7 SCOPE AND LIMITATIONS 14
CHAPTER II. JUDICIAL ACTIVISM and administrative action 16
2.1 ADMINISTRATIVE LAW : BRIEF INTRODUCTION 16
2.2 WHAT IS JUDICIAL ACTIVISM? 17
2.3 NEED FOR THE JUDICIAL ACTIVISM 18
2.4 Judicial activism and fundamental rights jurisprudence 20
2.5 JUDICIAL CONTROL IN INDIA 22
2.6 FINALITY CLAUSE AND HOW DOES IT WORK? 24
CHAPTER III. SUGGESTIONS AND CONCLUSION 25
BIBLIOGRAPHY 26
4
 5

ACKNOWLEDGEMENT

This project on the topic “judicial Activism and Administrative Actions “ has been made
smoothly and successfully with the help of Prof. Dr. V.K.Dixit and Ms.Saubhagya
Bhadkaria. Both of them were extremely helpful to us for the subject they tought us. They
guided and went into minute details of the topic. That resulted in to enable me to benefitted
by their experience as well a holistic understanding of the subject. I thank both of them for
their support and guidance.
I would utilize this opportunity to thank everyone who played a part in completion of this
project. Special thanks to my parents for their ever ending support and love.

ABHISHEK GUPTA

LLM BATCH 2022-23

NATIONAL LAW INSTITUTE UNIVERSITY
BHOPAL, (M.P.)
 6

DECLARATION OF ORIGINALITY

I, Abhishek Gupta , hereby declare that the , Project work titled “ Judicial activism and
Administrative Actions” submitted to NLIU, Bhopal is record of an original work done by
me under the able guidance of Prof. Dr.V.K. Dixit and Ms. Saubhagya Bhadkaria , Course
teacher of Constitutional Law New Challenges .I, Abhishek Gupta , hereby declare that.

Abhishek gupta

2022LLM54

Batch 2022-2023

NLIU, Bhopal
 7

LIST OF ABBREVIATIONS

Abbreviations Full Form

Art Article

Bom Bombay

Crim Criminal

WP Writ petition

S Section

SCC Supreme court cases

V versus
 8

LIST of statute

● The Constitution of India,1950

TABLE OF CASES

S.NO Name and Citation Of Cases

1. State of U.P. v. Johri Mal, (2004) 4 SCC 714.

2. Romesh Thappar v. State of Madras, AIR 1950 SC 124.

3. KanubhaiBrahmbhatt v. State Of Gujarat, 1987 AIR 1159.

4. Smt. Ujjam Bai vs State of Uttar Pradesh, 1962 AIR 1621.

5. Tata Iron Steel Co. v. S.R. Sarkar,AIR 1961 SC 65.

6. L. Chandra Kumar v. Union of India, (1997) 3 S.C.C. 261.

7. People’s Union for Democratic Rights v Union of India, (1982) 3 S.C.C. 235.

8. Union of India v. C Damani and Co., 1980 Supp. S.C.C. 707.

9. Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 S.C.C. 388.

 9

FOREIGN CASES

● Brown v. Board of Education 347 U.S. 483 (1954).

● Marbury v. Madison 5 U.S (1 Cranch) 137 (1803).
● Associated Provincial Picture Houses v Wednesbury Corporation (1948)1 KB 222.
 10

ABSTRACT

Administrative law in the modern society is the most important parts of law that deals with
government and the society. The Growth of Administrative law is the one result of
increasing interactions between the government and the citizenry. The Administrative law
acts as a safety measure against arbitariness. One of tool against arbitariness is judicial
activism which has created a new concept of judicial review. This paper focus on the
development of the judicial activism and administrative law in india and it has been
effectively used against the arbitariness.
 11

1. INTRODUCTION

The Fast expanding socioeconomic activities of the states and the broader power of the
governments in the modern world are the reasons behind increase in administrative actions.
In todays time it has turned into a necessity.it is becoming complex day by day.The need
to regulate the intricate societal relationship has a solution in the administrative law.
In the time of Police State , the functions of the state was confined to the basis tasks of
security and justice , protecting from the outer forces , taxation and law and order in their
jurisdiction As the time and the needs of the society changes the state functions also
changed to welfare state
This shift in the state functions resulted in the social growth and we have arrived at the
beginning of the era of administrative legislation., it is undeniable fact that administrative
law is the result of evolution and is necessary for the society. But as its role increases in
the society the chances of arbritariness also increases.
There is a need to maintain a balance and control on the power that these administrative
bodies have , this can be done by various ways , one of it is judicial control .Judicial control
came from judicial activism. It acts as a guardian of the rights of the people, higher
judiciary have the power of judicial review which helps a citizen to bring a administrative
action before court of law.

1.1 LITREATURE REVIEW

FOR understanding the topic the author has surveyed various pieces of relevant literature
some of the pertinent are given below:
 12

E Pathsala, Judicial process and Administration1 .

.
The Author in this paper discussed the general understanding of the Democratic system , rights ,court ,
judicial review, legislature , executive , seperation of power , royal perogative. The Concept of Judicial
Activism and Judicial restraint , the ambit of powers of the supreme court. Its relation with the others organs
of the state.

Nishtha Jaswal and Lakhwinder Singh , JUDICIAL ACTIVISM IN INDIA2

The Author in this paper emphasized that the state is under the the Prime responsibility to ensure justice,
Liberty , equality and fraternity. In this context the indian judiciary has been considerd as the protector of
the fundamental rights of the people. Author how the indian court had played an active role in interpreting
the constitution , whenever required against the state’s unfair , unreasonable actions.

Sahil rao,Judicial Activism and Administrative Actions3

The Author in this Paper first discussed the administrative law that how it is important for
the society and the government.And Judicial Activism acts as a tool aginst arbitrary actions
of the administrative authorities. The emergence of of the concept of judicial review is the
result of this activism.The Paper discussed how this concept evolved and the other aspects
of the same.

John Mcmillan, Judicial Restraint and Activism Administrative Law4

1
E Pathshala, ‘Judicial Process and Administration’(E pathsala , oct
2016)<epathsala&aqs=chrome.0.69i59.1720j0j7&> accessed 8 November 2022.
2
Nishtha Jaswal and Lakhwinder Singh , Judicial Activism in india 2017 13 (1) Bharti Law Journal 1,8.
3
Sahil rao, ‘ Judicial Activism and Administrative Actions ’ 2018 1(2) RJLSE84,86.
4
John Mcmillan, ‘ Judicial Restraint and Activism Administrative Law’
 13

The Author in this Paper discussed that Administrative Law is the outcome of the fast
growing socio economic functions of the modern state. It is because of the relations
between the society and administrative authorities.Author Presented in the manner that
Administartive law is the answer of regulating the complex relation between the society
and the administration. How the Primitive society were limited to the basic tasks and its
evolution up to the present modern day state.

1.2 STATEMENT OF PROBLEM

In the Modern Society Administrative Authorities were made for Good Governance and
thus decentralisation was adopted, but gave rise to a problem that is caused a clash
ilbetween citizens rights and administrative action.
It is a topic of extensive research and debate as to what is the solution to this problem and
what can be done to minimise the clash.

1.3 HYPOTHESIS

Our Courts have evolved a great idea to counter such clash i.e Judicial activism , it is
inspired by American Courts. Power of Judicial Review acts as a Safety valve for us to
challenge arbitrariness that may happen if there is absolute powers given to administrative
authorities.

1.4 RESEARCH QUESTIONS

1.Wheather Administrative law is a necessary evil in democracy and how it impacts the
democracy ?
2.How the Judiciary puts check on arbitrary actions of the administrative authorities?
 14

.
3. Weather there is a need to look beyond the existing framework to strike a balance
between Administrative actions and Violation of rights of citizens whose guardian is the
judiciary?

1.5 RESEARCH OBJECTIVES

The administrative body is in present-day society one of the most important parts of the
government. They have now become an indispensable part of modern governments. The
increase of delegation has become a major way of easing and decentralizing the tasks of
the government. But they might lead to arbitrariness. The objective of this paper is to study
how judicial activism can act as the answer to these problems.

1.6 RESEARCH METHODOLOGY

his research is doctrinal research. The main source of information is secondary in nature.
The study is not empirical in nature. Cases decided by the Courts, books, scholarly articles,
magazines, and newspaper articles are relied upon to develop and examine the judicial
approach with regard to Administrative laws and judicial activism in India.

1.7 SCOPE AND LIMITATIONS

This Paper deals with the interface of judiciary and administrative law and focuses on how
the judiciary puts restraints on arbitrary actions of the administratiov action.However there
is alot more that can be covered but due to paucity of time and resources it is dealt in this
paper.
15
 16

CHAPTER II. JUDICIAL ACTIVISM and administrative action

2.1 ADMINISTRATIVE LAW : BRIEF INTRODUCTION

.
Administrative law is one of the most important and latest developments of law in the
twentieth century , It is that area of the law that addresses the interaction between the
citizenry and the legislation.Government has three main organ though which it functions.
Legislature , executive and judiciary. A Good Democratic System each organ of the state
has well demarcated tasks to do.
.
Administrative bodies involves in the day to day public dealing and execution of the
government policies and government programmes. Their is literally any field of public
dealing which is untouched by the influence of administrative law. Hence the dependence
on the administrative laws are expanding with the advancement in the society.
After looking at the important role of the administration law , one question that haunt
continuously is that how can we keep a check on the abuse of such power.As over
dependence or letting too much authority in the hands of any one can lead to the state of
arbitariness. The response to this question, the problem of arbitrariness was the evolution
of the concept of administrative law.
One of the area that administrative law deals with is judicial control of government and
administrative powers. various attempts have made by jurists at making the definition of
administrative law. Ivor Jennings defined administrative law in his book “The law and the
constitution” in 1959. He says that administrative law as the law which deals with
administrative authorities. Another scholar K.C. Davis defined administrative law as,
 17

“Administrative law as the law concerns the powers and procedures of administrative
agencies, including especially the law governing judicial review of administrative action.5
Wade in his work ‘Administrative law’ in the year 1967 made one of the most important
and appropriate attempts at defining administrative law.
In his opinion, any attempt at making one definition fits all is not easy and it would be
filled with difficulties. He then gave his definition. He first talked about how the power
and authorities of the state arein three wings, i.e. legislative, administrative, and judicial.
In such conditions, the law will be dealing with the administrative authorities.

2.2 WHAT IS JUDICIAL ACTIVISM?

Judicial activism as a concept is not very old. It was first coined in the year 1947 by Arthur
Schlesinger Jr6 . One of the most used dictionaries in law i.e., Black Law Dictionary defines
judicial activism as “philosophy of judicial decision making whereby judges allow their
personal views about public policy, among other factors, to guide their decisions”7 . It can
also be defined as “Judicial Activism is broadly defined as the assumption of an active role
on the part of the judiciary”8.
One of the most eminent jurists of India, prof. Upendra Baxi talked about judicial activism
in his work in 1985. He articulated it as a way of using the power of the judiciary “which
seeks fundamental re-codification of power relations among the dominant institutions of
State, manned by members of the ruling classes”9.

5
Shikhar Shrivastava,‘The Meaning, Scope, Definition and Significance of Administrative Law’(2019) 1(3), Law
times journal 91,95.
6
Arthur SchlesingerJr,’The Supreme Court: 1947’, Forbes Magazine, 1947
7
Himanshu Morwal and Tarusha Mathur,’Evolution of Judicial Activism in India’,(2017) 3 (3)International Journal
of Law and Humanities 12,25.
8
ChaterjiSusanta,’For Public Administration Is judicial activism really deterrent to legislative anarchy and
executive tyranny?’(1997)XLII (4),The Administrator 9,11.
9
Upendra Baxi,’Courage Craft and Contention -The Indian Supreme Court in the Eighties’(1986)28 (1) Journal of
the Indian Law Institute 112,116.
 18

In common mans language, it can be said that there is a established norms in the
constitution that talks about curing the anomalies of the executive using the constitution.
Or we can say it as the power of the court to put a check on the laws and actions of the
executive and legislature.
The courts often help in improvising the legal system of the nation by the use of their
powers. Judicial activism or judicial review is not an ordinary power. Rather, it is a very
unique power that our constitution has given to the courts.
Once, the ex-prime minister, Dr. Manmohan commented about the judicial review. He said
that” when the nation was not having satisfaction from the functioning of the executive and
legislature, it was the judiciary that acted as the custodians and watchdogs.”10

The first celebrated case which talked about judicial activism was Madbury v. Madison11
This was the first case where the US Supreme Court took an active step relating to judicial
activism. justice Marshall who gave this judgment ,observed that a law repugnant to the
constitution is void.

It can be said that this case lays the foundation of principle of judicial review and of
activism for the first time in the United States of America. Another example of judicial
review in the United States can be said to have happened in the case of Brown v. Board of
Education.12

2.3 NEED FOR THE JUDICIAL ACTIVISM

It is often said that “power corrupts and absolute corrupts absolutely”. Similarly, if we
provide absolute power to any authority regarding any policy or law then the abuse of
power may happen. Considering in view that in the present time, the power of executive

10
R Shunmugasundaram,’Judicial activism and overreach in India’(2007) 2 (72) Amicus Curiae 22,26.
11
Marbury v. Madison 5 U.S (1 Cranch) 137 (1803).
12
Brown v. Board of Education 347 U.S. 483 (1954
 19

is giving to the administration there may be a probability of abuse of power. The

effectiveness of the quality of law depends on the remedy and its effectiveness that they
provide to the aggrieved citizens.

The system may shuts or become lawless and biased if there is a weak remedial and
redressal system. In the eye of scholar Wade; “...is a fundamental mechanism for keeping
authorities within their due bounds…”13
The definition is enough to teach one what judicial activism is all about. In administrative
law, we can easily use the mechanism to suppress the people’s voices and do whatever the
administration wants to do. But the judiciary is the only hope for people when the other
parts of the government have turned away from them. We might enter the situation of chaos
and arbitrariness and would have no idea about the same.
Indian Supreme Courts and High Courts are the Constitutional Courts they have the
authority to examine a state action , that process we called it as Judicial Review.Judiciary
can declare any law Void if finds it Unconstitutional under the Art 13 read with 226 and
32 of the Constitution.14
Article 32 gives right to everyone to move directly to the Supreme Court of India for the
enforcement of his or her fundamental right. Article 32 provides the power to the Supreme
Court to issue any order or writ for the enforcement of any of the fundamental rights as it
seems fit.
The Supreme Court in Fertilizer Corporation Kamgar Union v. Union Of India15 held that
the power of the Supreme Court under Article 32 is an integral part of the basic structure
of the Indian Constitution “because it is meaningless to confer fundamental rights without
providing an effective remedy for their enforcement, if and when they are violated.” It
cannot be suspended even during emergency. An appropriate writ/order under Article 32

13
Judicial Review- Scope, Ambit, Dimensions”, National JudicialAcademy’ <
Academy,https://nja.gov.in/Concluded_Programmes/2018-19/
1110_PPTs/13.Sunday%20Club%20talk%20(Judicial%20Review > accessed 8 November 2022.
14
L. Chandra Kumar v. Union of India, (1997) 3 S.C.C. 261.
15
Fertilizer Corporation Kamgar Union v. Union Of India 1981 AIR 344
 20
1
for the enforcement of Articles 17, 23 and 24 can be passed against a private individual
also.16
Increasingly, the Supreme Court has interpreted Article 32 in a very liberal manner in many
cases in order to enforce fundamental rights even against the private entities performing
public functions

1
2.4 Judicial activism and fundamental rights jurisprudence

In India, the judiciary has developed the fundamental rights jurisprudence while giving the
liberal interpretation to the ‘right to life and personal liberty’. In its landmark judgments,
the Supreme Court recognized prisoners’ rights including access to court and legal
facilities17friends18 freedom of speech and expression19 right to compensation20 mental
privacy21 etc

PREREQUISITES TO JUDICIAL REVIEW

n the present time, it is not the source that determines the ability of the court to review the
decision-making of the executive. It is the nature of power that determines the same22
Ultra vires means anything that is beyond the powers. Whenever a task is given to the
administration, there arises a need to check that they are working within the limit or extent
to the powers that they have been assigned. Their power might have been abused and over-
exercised. But without the presence of any check on the administration, things can easily
go out of the hands. Usually, the restrictions on the administration’s power are recorded by
the same instrument which gives it the power. These restrictions may be procedural or may

16
Ibid.
17
M.H. Hoskot v. state of Maharashtra, (1978) 3 S.C.C. 544.
1
18
Francis Coralie v. Union Territory of Delhi, A.I.R. 1981 S.C. 746
19
Prabha Dutt v. Union of India, (1982) 1 S.C.C. 1
20
Rudal Shah v. State of Bihar, A.I.R. 1983 S.C. 1086.
21
Selvi v. State of Karnataka, (2010) 7 S.C.C. 263.
22
David Scott and Alexandra Felix, “Principles of Administrative law”, Cavendish Publishing Limited, 1997.
 21

be substantive. But there are some times that the statute which confers the powers doesn’t
talk about the restrictions. Here the job the court gets difficult and now they will impose
the limits on the powers of the administration. This is done by the courts using the
principles of reasonableness and fairness.
Every administrative body has some essence or purpose for its formation. For example; a
power given to the administration to look into the operation of trains will not give them the
power to look into the operations of the tram or buses. If they take any action in the
operation of the tram or buses, these decisions will be beyond their essence. These
decisions are simply what one says ‘doing the wrong thing’. These decisions would be ultra
vires. This is in short, the concept of substantive ultra vires.

There may be a situation when the administration’s decision is fulfilling its object or within
the essence of the power. But they might not be fulfilling or correctly following the
procedure established by law. In this case, their decisions will be open to challenge. Doing
the right but in the wrong way is still wrong.

This is how one can easily define what procedural ultra viresare. Even though it is not
necessary that the statute that created the administrative body would be prescribing a
specific method. In such a case, the decisions of the administrative need to satisfy the very
famous rules of the law i.e., Rules of Natural Justice. The decision made must ensure
fairness in following the procedures.

As time has passed, the court has developed a principle to prevent the abuse of power by
the administrative decision-maker. The decision made by the administrative body might
have been made by following the right process and maybe doing the correct thing. But
there may be ulterior reasons which might have influenced the decision or they might have
failed to consider relevant considerations. If this is the case then the decision-maker can be
said to have acted in a manner that will be considered as an abuse of power. The
administrator may have acted in a way that no reasonable person would have followed.
 22

This would render the decision ultra vires, principle is often called the Wednesbury
principle of unreasonableness.23

While giving the judgment, Lord Greene MR laid down three considerations or important
points that one must remember. These were: - that the courts would be only dealing with
the executive action and not dealing with any judicial act. - that the conditions under which
the administration has taken the decision should be within the discretion of the local
authority or administration without any limitation. The statute that gave power to the
administrative or local authority was not giving any chance of filing an appeal. Any
presence of malice or bad faith would also make the decision made by the ultra vires. But
in recent times, the court has faced a problem. This is the problem that the doctrine of Ultra
vires is found to be inadequate. Now there is the concept of judicial review is the ground
of irrationality. The problem had increased way more when we are talking about the non-
statutory body.

2.5 JUDICIAL CONTROL IN INDIA

In India, there exists a number of ways to take the judicial review. This can be done by the
use of writs, appeals, reference to courts, injunctions, declarations, or any other judicial
remedy given by the law.

The constitution of India gives ways to deal with judicial control or judicial review of
administrative law. The writs can be used by the citizens in Supreme courts and High
Courts by the use of articles 32 and 22614 of the constitution24.Article 227 of the Indian
constitution gives the power to the High court regarding the supervision of the tribunals
and other adjudicatory bodies which fall within the territory of the High court. There is
also a separate provision for appeal in front of the Supreme Court against the decision

23
Associated Provincial Picture Houses v Wednesbury Corporation (1948)
24
The Constitution of India,1950 , Art 32.
 23

which has been given by the tribunal or has been made under article 136 of the constitution
of India.

One of the best points in the Indian Administrative law is the existence of the
constitutionally guaranteed mechanism of judicial control against the administrative action.
The Indian administrative system is supervisory and not corrective in nature. The main
pillars of judicial review in administrative law are articles 32 and 226. But when we talk
about the concept of Judicial activism, we are talking about a wider concept. Judicial
activism will be including all the methods through which an individual can seek relief
against decisions of the administration.
In a very important case of the UK, the court while talking about the scope of judicial
review of the decision of the house of lords said that the decision won’t be available to
challenge if it was not justiciable25
he concept of judicial review in cases of foreign relations was first talked about in the case
2
of R. (Abbasi) v. Secy. Of State for the Foreign and Commonwealth office and Secy. of
State of the Home Department26

The petition that is to be filed should have been allowed on only a few grounds that have
already been defined earlier. The order that is to be challenged should not have been made
by the administration while it was using the discretion that has been vested into it. To do
the same, the aggrieved person would have to show that the discretion that was used by the
administration was in itself not legal or was beyond the ambit of the administrative body.
The supervisory jurisdiction or duties which have been given to the court just to look upon
the functioning of the tribunal so that their decisions don’t do miscarriage of injustice. The
courts cannot be asked to take on the duties of the government or to perform its duties27

25
1985 AC 374: (1984) 3 All ER 935: (1984) 3 WLR 1174 (HL), 4
26
MP Jain, “Administrative law”, Lexis Nexis,7th edition, 2011
27
State of U.P. v. Johri Mal, (2004) 4 SCC 714
 24

2.6 FINALITY CLAUSE AND HOW DOES IT WORK?

The finality clause can be added to any section in the statute which will impose a bar to the
jurisdiction of the ordinary courts. This can be seen in the statutes when there exists a
finality clause that asks the people to use the tribunals and not the ordinary courts. It must
be noted that the finality clause is not absolute. It is of no use in certain cases.
The case filed is related to the constitutionality of the statute. No bar can be imposed on
the jurisdiction of the court to check whether a statute is constitutional or not. If the clause
is written in the statute, it will have no impact on the people.
The finality clause cannot stop one from filing a petition challenging the ultra vires actions
of the administrative bodies. If any action taken by the administrative body is not within
their powers, then the finality clause cannot protect the actions.
Jurisdictional error: If there is an administrative action that has been challenged on the
ground that there is some jurisdictional error or the lack of jurisdiction, then there will not
be any effect of the finality clause on the case. The lack of jurisdiction may occur where
the authority assumes the jurisdiction but that jurisdiction never belonged to that authority.
The lack of proper jurisdiction may arise if there is no proper constitution of jurisdiction
f the action of the administration is in violation of the principles of natural justice and
someone challenges the same, then there is no use of the finality clause. The finality clause
cannot stop one from challenging the action because the action is violating the principles
of natural justice.
The finality clause cannot stop one from challenging the administrative action if the action
is violating the provisions of the statute. The statute from which the authority derives the
power lays down certain principles or guidelines that they need to follow. If these
guidelines are violated, then there exists the right to challenge the administrative action.
 25

CHAPTER III. SUGGESTIONS AND CONCLUSION

Administrative actions are the major part of the functioning of the present-day government
system. One cannot deny the importance these bodies have in present-day society. Another
aspect of this development means that they now have a huge amount of power under them.
This increase in power doesn’t reach arbitrariness is ensured by the use of the judiciary.
Judicial activism is the tool that Indians have now to challenge the administrative actions
if they think that the article violates fundamental rights. They have two different sources
to ensure this. This is done by the use of articles 32 and 226 of the Indian constitution. With
time, even the concept of judicial activism has evolved a lot.

It has its benefits and demerits. On one hand, it acts as the savior of rights but at the same
time, it becomes the hurdle in the development of the legislation. Now and then
administrative actions are challenged, mostly without any basis. This creates a hindrance
to the functioning of the government. It is the little price that one has to pay to ensure the
safety of the rights of society.
 26

BIBLIOGRAPHY

Books
Seervai HM, Constitution Law of India vol 3 (4th edn, Universal 2015).

Jain MP, Indian Constitutional Law (justice jasti chelmeshwar and justice dama , Seshara
naidu eds, 8th edn, LexisNexis 2018).

Websites and Blogs

The Law Blog ‘Judicial Activism ’(28 june 2018) < https://thelawblog.in/
judicial/activism..pdf> accessed 8 November 2021.
 Similarity Report ID: oid:28625:26643341

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