JUDICIAL ACTIVISM IN INDIA: ASSERTION OF JUDICIAL POWER TO FILL THE LEGISLATIVE VACUUM
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https://doi.org/10.55662/Abstract
Supreme Court of India has certain constitutional limitations, but for many times it has gone beyond its traditional role. Executive, Legislature, and Judiciary are three wings of Government with their own defined powers and duties, but there are cases when Judiciary has to fill the vacuum created by failure of other two wings. Be it the case of protecting working women from sexual harassment or be it a case of bonded labour or be it a M. C. Mehta case, Hon’ble Court has taken stands for protection of human rights as well as for animals and environment. These are the cases where either there were no laws to deal with the situation or the interpretation of law was required. There are contentions in opposition that judiciary is violating the principle of separation of powers. The paper tries to discuss the activist tendencies of Judiciary, it is necessary to analyze the reasons, dimensions and growth of judicial activism in Indian perspective. It contends that judicial activism has done positive justice but judiciary has to take care of sanctity of the Constitution. Various judicial decisions and many constitutional provisions have been discussed for this purpose.
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