JUDICIAL ACTIVISM AS A

MEANS OF POSITIVE LAW IN

INDIA
Name- Sanskriti Dixit
Roll No.-19071
Group- 14
 INTRODUCTION
 Merriam-Webster’s Dictionary of Law: judicial activism as "the practice in the
judiciary of protecting or expanding individual rights through decision that depart
from established precedent or are independent of or in opposition to supposed
constitutional or legislative intent
 Upendra Baxi: activism of the judiciary pertains to the political role played by
it, like the other two political branches. The justification for the judicial activism
comes from the near collapse of responsible government and the pressures on the
judiciary to step in aid which forced the judiciary to respond and to make political
or policy-making judgments
 Origin and development of Judicial activism in
India
The Judicial Activism in India can be witnessed with reference to the review
power of the Supreme Court under Article 32 and Article 226 of the
Constitution particularly in Public Interest Litigation.
In 1893, dissenting opinion of Justice Mahmood of Allahabad High Court in
a case had marked the beginning of judicial activism in India.
Judiciary as an independent and separate organ of the government was
recognized under the Government of India Act, 1935
JUDICIAL ACTIVISM AS A MEANS TO POSITIVE
LAW
Vishakha and others v State of Rajasthan (1997) : The court decided that the
consideration of "International Conventions and norms are significant for the
purpose of interpretation of the guarantee of gender equality, right to work with
human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the
safeguards against sexual harassment implicit therein.“
Navtej Singh Johar v. Union of India (2018) : Court recognised the rights of
LGBTQ community and declared that homosexuality should not be considered an
offence and is natural.
 JUDICIAL ACTIVISM AND
DEMOCRACY
The Judiciary can strike down any law that is beyond Parliament’s legislative
competence or is violative of the Constitution. Similarly, it can strike down any
Executive action, if there is any patent illegality or arbitrariness to it
The constitution of India has declared the judiciary as the guardian of fundamental
rights. Judiciary has been endowed with the power to enforce the fundamental rights
of the citizens under article 13, 32 and 226.
Judicial activism ensures that people in a democracy are protected and the basic
spirit of democracy is upheld.
THANK YOU