Subject: Indian Polity

India's judicial activism journey, starting with the landmark Kesavananda Bharati case (1973) that established the 'basic structure doctrine', represents a remarkable evolution in safeguarding democratic principles and constitutional values.

Role of Judicial Activism in Strengthening Democracy

Protection of Fundamental Rights

• The judiciary has expanded the scope of Article 21 through various judgments, ensuring right to life includes right to dignity, privacy, and livelihood (Maneka Gandhi case, 1978).
• Creation of Public Interest Litigation (PIL) mechanism has democratized access to justice, enabling marginalized sections to seek legal remedies.

Ensuring Good Governance

• The judiciary has acted as a watchdog through landmark judgments like the 2G Spectrum case and Coal Block allocation case, promoting transparency and accountability.
• Implementation of Vishakha Guidelines (1997) to prevent sexual harassment at workplace demonstrates proactive approach in addressing social issues.

Environmental Protection

• The Green Bench of Supreme Court has played a crucial role in environmental conservation through decisions like mandatory Environmental Impact Assessment.
• Enforcement of principles like "Polluter Pays" and "Precautionary Principle" has strengthened environmental jurisprudence.

Socio-Economic Justice

• Recent judgments emphasizing the enforceability of Fundamental Duties alongside Fundamental Rights showcase judiciary's role in balancing rights and responsibilities.
• The court's intervention in ensuring fair compensation in land acquisition cases demonstrates commitment to economic justice.

Challenges and Concerns

• Issues of judicial overreach and interference in policy-making domain raise concerns about separation of powers.
• Increasing pendency of cases affects timely delivery of justice (4.7 crore pending cases as of 2023).
• Need for maintaining balance between activism and restraint to preserve democratic institutions.

The journey of judicial activism in India, marked by landmark decisions like the Right to Privacy judgment (2017) and Electoral Bonds case (2024), continues to shape our democracy by ensuring constitutional supremacy and protecting citizens' rights. The need is to maintain a delicate balance between judicial activism and restraint while upholding the principles of "checks and balances" and "separation of powers".