Judicial Activism

A Mumbai commuter stuck on a flooded platform does not care which organ of the State is supposed to fix the drain. Sometimes the drain gets fixed only after a court orders it. Is a judge who orders the government to act doing his job, or doing somebody else's? That question is the whole debate on judicial activism, and the Constitution gives you the tools to argue both sides.

In two minutes

Judicial activism is the practice of courts using their constitutional powers (Articles 32, 226, 141 and 142) creatively, to protect rights and fill gaps left by the other branches, and its legitimacy depends on staying within law and not drifting into policy-making.

The rest of this chapter

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