The Trend of Judicial Activism in Indian Context: Emerging Issue Areas

Since the dawn of Independence from the British rule, Indian democracy has been on an experimenting trajectory route. Despite all the pragmatic loopholes in its claim to be one of the largest democracies in the world, it is by far a reasonably successful electoral democracy. The fundamental pillars of the government are functioning in tandem with a reasonable democratic ethos. Being a large country with a market in countless divisional and segmented diversities, the government at times tends to look shaky and irresolute. During such situations, the judiciary becomes proactive in reminding the government about its constitutional obligations. This article seeks to address the historical evolution of judicial activism in India along with the reasons that catapult the trend of activism in the Indian judiciary. It also explores the recurrent impasses between the executive and the judiciary.