Judicial Activism within the Restraints of India's Constitution & its Strictures

Abstract

The interpretation of the Indian Constitution by the Supreme Court has established legal precedents in various sectors, such as education, environmental protection, property rights, and access to safe drinking water. The Supreme Court's decisions now hold the ultimate authority, even over parliamentary amendments. The judiciary's involvement in administrative and legislative matters has been fueled by weaknesses in the political structure. Although the judiciary was weakened during the 1970s emergency, it has regained strength in recent decades. Judicial power has been able to fill the void created by unconstitutional dismissals. The authority of Indian courts has expanded through judicial review, the interpretation of fundamental rights, addressing environmental issues, constitutional modifications, and judicial appointments. This study explores the boundaries of judicial activism within the framework of the Indian Constitution.