Judicial Activism

It is the current term in use. It involves innovative interpretation of the nuances of law. According to Justice Verma of the supreme Court, "The role of the judiciary in interpreting sxisting laws according to the needs of the times and filling in the gaps appears to be the true meaning of judicial activism."

In other words, it is judicial activism that helps to advance the cause of law, and it has been a continuous process in india. Judicial activism is, in fact, an essential part of judicial review.

Judicial activism is necessary to put a check on tyrrany born out of temporary political majority in legislaturewhich might otherwise seek to rewrite the constitution in order to be entrenched in power. In the same way judicial intervention becomes inevitable when the executive and the legislature abandon their duties and responsibility.

There are fears in some quarters that the judiciary is overstepping its authority, that it is trespassing into spheres reserved for Parliament and the executive.

But what are the citizens to do if the executive authority would not do anything about the spreading canker of curruption in public life, and the legislature, including the highest one, is unable to do anything except to paralyse itself? Having lost all hopes of self reform by the political system, most indians have started viewing politicians of all hues with cynicism , even contempt. They look up to the higher judiciary as the only possible redeemer of the dwespairing situation.

Judicial activism may seem disturbing when seen to encroach upon executive and legislature sphere of action. But what else is possible, if the executive is laz or the legislature lack the initiative to mend outdated laws or remain impervious to public pressure to bring about a change when public interest clashes with the members' collective self-interest?