Q1. Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Model Answer:

Introduction

The judiciary in India, particularly through the doctrine of Basic Structure (evolved in the Kesavananda Bharati v. State of Kerala case, 1973), has significantly influenced India's democratic ethos. Judicial activism has empowered the courts to safeguard constitutional values, defend citizens' rights, and uphold the rule of law, thereby reinforcing democratic ideals.

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Role of Judicial Activism in Strengthening Democracy

• Safeguarding Fundamental Rights: Judicial activism, especially through Public Interest Litigations (PILs), has expanded access to justice and addressed grievances affecting marginalised communities. Landmark judgments like Maneka Gandhi v. Union of India (1978) expanded the interpretation of Article 21, establishing the right to personal liberty and dignity.
• Preserving the Basic Structure: The judiciary, by interpreting the Basic Structure doctrine, has ensured that core democratic principles, like secularism, federalism, and judicial review, remain intact, preventing arbitrary amendments that could erode democracy.
• Strengthening Accountability: Activist judgments in cases like Vineet Narain v. Union of India (1997) have ensured transparency and accountability in government functioning, bolstering the democratic ideal of accountability.
• Environmental and Social Justice: In cases like MC Mehta v. Union of India (1986), the judiciary emphasised sustainable development, highlighting its role in achieving social justice and welfare, key elements of a democratic society.
• Promoting Gender and Social Equality: Judgments like Navtej Singh Johar v. Union of India (2018) decriminalised Section 377, fostering inclusivity and equality within Indian democracy.

Conclusion

‍Judicial activism has been instrumental in upholding democratic values, ensuring that the government functions within constitutional limits, and reinforcing citizens' rights. While it must operate within boundaries to maintain judicial restraint, proactive judicial intervention remains vital for a robust and inclusive democracy.

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