JUDICIAL ACTIVISM: IMPOSING RESTRICTIONS ON THE CONSTITUENT POWER
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Abstract
In this research paper, the authors shall analyze the evolution of judicial activism in India and will also discuss the judgments passed by the Supreme Court evidencing judicial activism. The focus will also be on the power of the Parliament to amend the constitution with respect to the evolution of the concept of judicial activism. The authors shall also confer about the imposition of restrictions on this constituent power by virtue of judicial activism. A brief outlook of the history of judicial activism and its development as a concept will also be put into consideration. The concept of judicial activism will be dealt keeping in perspective the evolution of doctrine of basic structure by a series of judgments of the Hon’ble Supreme Court of India. Furthermore, how the judicial activism has assisted in widening the scope of Article-21 of the Indian Constitution, which ultimately befitted the minority, deprived and underprivileged class shall also be discussed. Finally, the judicial activism as purported by the Supreme Court in the recent times will also be discussed keeping in view the various judgments of Supreme Court related to the interest of public at large.
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Copyright © 2026 by Abhinav Sharma, Pawan Varshney
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