Judicial Activism
- The term judicial activism has been defined in the Black's Law Dictionary.
- According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions.
- Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and direct / compel the Authority to act and also direct the Government Authorities about its administration.
- Justice is delivered to the aggrieved and disadvantaged people by using this mechanism.
- In Judicial Activism, the Court intervenes in the working of Executive and Legislative.
- It occurs because of non-cooperation from the other organs of the Government.
- The role of the Supreme Court as the final interpreter is increasingly reflected in various judgments.
- The Supreme Court has made creative interpretations which led to the creation of new rights.
- For Example – Interpretation of Article 21 - The Supreme Court has widely elaborated the said Article and included the right to a healthy and pollution-free environment in the said Article.
- Public Interest Litigation is a result of judicial activism and it is a mechanism to agitate public issues before the Courts.