Since the day the
Constitution of India came into force, Judicial Activism has existed in
different forms under the Constitution. Judicial Activism initiated by the
higher judiciary in India has started serious debates on the Court’s undefined
power to place substantive as well as procedural limits on the executive as
well as the legislature. The Court’s new role to make law and give directions
has been criticised as the usurpation of powers that belong to the other two
organs. The Court has been defending its new role to uphold the constitutional
values of protecting the human rights of the people thereby upholding the
principle of Rule of Law.
Through this book, Dr. Deka Swapna Manindranath analyses the
legitimacy of Judicial Activism in India as well as the intrusions made by the
judiciary in the name of Judicial Activism. The author argues that Judicial
Activism under the Constitution has been inevitable in view of the
socio-economic and political conditions of the nation as well as due to the
laxity of performance on the part of the other two organs. This book will be of
interest to the research scholars and students of Indian Constitutional law and
Political Science, judges, lawyers and general readers interested in knowing about
the phenomenon of Judicial Activism in India.
Dr. Deka Swapna Manindranath is Assistant Professor, Dispur
Law College, Guwahati, Assam. She has also served at the National Law
University and Judicial Academy, Assam.