ACKNOWLEDGMENTS

I would like to express my heartfelt

gratitude to my teacher for their
continuous support, guidance, and
encouragement throughout the
course of this project. Their insights
and dedication not only deepened
my understanding of the topic but
also inspired me to approach it with
curiosity and critical thinking. This
project would not have been
possible without their valuable
feedback and motivation at every
step. I am truly thankful for the
learning experience.

CERTIFICATE
This is to certify that [Your Name] from XI
Shakespeare has successfully completed
the project titled “Dalit Rights, Neo-
Buddhism & Social Justice”under the
guidance of [Teacher's Name], in partial
fulfilment of the requirements for
[Subject/Grade/Class].
The project demonstrates sincere effort, in-
depth research, and a thoughtful
understanding of the themes of equality,
justice, and empowerment.
Date: [Insert Date]
____________________(Signature of Teacher)

MY TOPIC REASON

I chose the topic Judicial Activism because it helps me

understand how the Indian judiciary functions not just as an
interpreter of laws but also as a powerful instrument to uphold
justice and protect constitutional rights. This concept
highlights how the courts can actively step in when the
legislature or executive fails to act in the public interest.
Under the domain “Working of the Indian Judiciary System,”
judicial activism shows how the courts can respond to citizens’
concerns through Public Interest Litigations (PILs). It explains
the ethical and democratic responsibility of judges to defend
the rights of the people, especially the marginalised.
I found this topic relevant because it reflects the dynamic and
evolving nature of the judiciary. Landmark cases related to
environmental protection, women’s safety, and corruption
prove that judicial activism is not just a legal tool—it is a moral
force that ensures the balance of power in our democracy. In a
time where public trust in institutions is crucial, judicial
activism reminds us that justice must be active, ethical, and
accessible to all.

📘 Judicial Activism
“The judiciary must always be the sword and shield of democracy.”
🔹 1. Introduction to Judicial Activism

Judicial activism refers to the proactive role of the judiciary, especially the higher courts, in
interpreting and applying laws to protect citizens’ rights, uphold constitutional values, and
intervene in matters of public interest—even when such intervention is not directly requested. It
goes beyond the traditional role of judges as neutral interpreters of the law and turns them into
active guardians of justice.

In India, judicial activism has evolved as a necessary response to the inaction, failure, or misuse
of power by the executive and legislature. While the Constitution mandates a clear separation of
powers, in practice, when laws are silent, outdated, or unjust, and when elected representatives
do not act in the interest of the people, the judiciary steps in. This activism is not a usurpation of
power but rather a response to the moral responsibility of the judiciary to ensure that the
Constitution remains a living, breathing document. In a diverse and complex democracy like
India, where the marginalized often struggle to access justice, judicial activism has played a
crucial role in protecting democracy and human rights.

🔹 2. Public Interest Litigation (PIL): The Pathway for Activism

Public Interest Litigation, or PIL, is a legal process where any person—not just the one directly
affected—can file a case in court for the benefit of society or a group of people. It is usually filed
when the rights of disadvantaged, poor, or voiceless citizens are being violated and they are
unable to approach the courts themselves. PIL was introduced in India in the late 1970s and
became more active in the 1980s, thanks to judges like Justice P.N. Bhagwati and Justice V.R.
Krishna Iyer. It helped make the justice system more open, people-friendly, and responsive to
real-life issues like human rights, pollution, bonded labour, and corruption.

PIL became the foundation for what we now call judicial activism. Earlier, courts only handled
cases where the person affected approached them directly. But with the rise of PIL, the courts
began to take on bigger issues affecting society at large. Through PILs, the judiciary started
actively stepping in to protect people’s rights, even when the government failed to act. This
marked the shift from a passive judiciary to an active one—a key feature of judicial activism. In
this way, PIL is not just a legal tool; it is the doorway through which the courts began playing a
stronger, more socially responsible role in Indian democracy.

One clear example is the Hussainara Khatoon case (1979), where a PIL helped release hundreds
of undertrial prisoners who were kept in jail for years without a trial. The court declared that the
right to a speedy trial is part of the Right to Life under Article 21. This case showed how PIL
allowed the court to take bold steps to protect people’s rights—exactly what judicial activism is
all about.
🔹 3. Evolution and Constitutional Basis of Judicial Activism

Judicial activism in India has gradually evolved to meet the needs of a dynamic democracy. In
the early years after independence, the judiciary followed a limited, conservative approach.
However, during the Emergency (1975–77), the judiciary failed to protect civil liberties in the
ADM Jabalpur case. This failure led to a turning point.

After the Emergency, the courts became more assertive. Judges like Justice V.R. Krishna Iyer
and Justice P.N. Bhagwati expanded the meaning of fundamental rights—especially Article 21
(Right to Life)—and introduced Public Interest Litigation (PIL) to make justice more
accessible.

Over time, the judiciary began stepping in when the legislature or executive failed to act,
especially in areas like corruption, environmental protection, election transparency, and
citizens’ rights. This marked the rise of judicial activism as a protector of constitutional
values.

Constitutional provisions that support this role include:

 Article 32 & Article 226 – Right to constitutional remedies

 Article 141 – Supreme Court rulings are binding
 Article 142 – Power to do “complete justice”

Thus, judicial activism has become a vital part of India’s democracy, evolving as both a
corrective force and a constitutional safeguard.

🔹 4. Landmark Cases of Judicial Activism (Politically Significant)

⚖️A. Kesavananda Bharati v. State of Kerala (1973)

Of course! Here's a shortened and clear version of the Kesavananda Bharati v. State of
Kerala (1973) case, still maintaining its depth and importance for your project:

⚖️A. Kesavananda Bharati v. State of Kerala (1973)

This landmark case began when Swami Kesavananda Bharati, head of a religious institution in
Kerala, challenged land reform laws affecting his property. However, it soon raised a much
larger constitutional question: Can Parliament change any part of the Constitution, even its
core principles?

At the time, Prime Minister Indira Gandhi’s government was using its majority to pass
amendments that threatened democratic values. In a historic 7–6 ruling, the Supreme Court
introduced the Basic Structure Doctrine, stating that while Parliament can amend the
Constitution, it cannot alter its essential features, like:

 Democracy
 Rule of Law
 Judicial Review
 Fundamental Rights

This judgment protected the Constitution from political misuse and is a classic example of
judicial activism. The Court stepped in to safeguard democracy, showing that even the most
powerful government is not above the Constitution.

This case laid the foundation for judicial activism in India, proving the judiciary’s role as a
protector of constitutional values.

Let me know if you'd like the Minerva Mills case shortened in the same style!

⚖️B. Minerva Mills v. Union of India (1980)

After the Kesavananda Bharati judgment, the government attempted to weaken judicial power
through the 42nd Constitutional Amendment, passed during the Emergency. It gave Parliament
unlimited power to amend the Constitution and tried to remove judicial review altogether.
This raised serious concerns about democratic checks and balances.

In Minerva Mills v. Union of India, the Supreme Court struck down these provisions,
declaring that both judicial review and limited government are part of the Basic Structure of
the Constitution. This judgment reinforced that even Parliament cannot cross constitutional
limits, no matter how strong its majority.

The case is a key example of judicial activism, where the Court actively stepped in to defend
democracy and constitutional integrity against political overreach.

🔹 5. Merits and Democratic Significance of Judicial Activism

Judicial activism has often been described as a “judicial revolution” in service of democracy.
Its greatest merit lies in its ability to fill the vacuum left by inactive or politically motivated
executive and legislative branches.

Some of the democratic contributions include:

  Safeguarding civil liberties when the state overreaches (e.g., surveillance, arrests under
sedition laws).
 Protecting electoral integrity, such as ordering disclosure of candidates’ criminal
records.
 Ensuring environmental justice, especially when industries and governments fail.
 Upholding the rule of law in politically sensitive cases like corruption trials or religious
disputes.
 Empowering weaker sections, including women, minorities, prisoners, and the poor.

Judicial activism helps maintain the delicate balance of power in Indian democracy and keeps
the Constitution a living document that responds to changing social realities.

🔹 6. Criticism and Challenges

Despite its positive impact, judicial activism has faced criticism for crossing constitutional
boundaries and entering the domain of policymaking.

The main criticisms include:

 Violation of separation of powers—courts taking decisions that belong to the executive

or legislature.
 Overreach—judges sometimes frame policies (e.g., regulating school fees, banning
firecrackers, managing festivals) without expertise or consultation.
 Lack of accountability—judges are unelected and unaccountable to the public, yet their
decisions shape national policies.
 Risk of populism—activism may sometimes be influenced by media pressure or popular
sentiment rather than legal merit.

Scholars argue that judicial activism should remain a safety valve, not a substitute for
governance. The judiciary must act with restraint, ensuring that its interventions do not erode
democratic institutions.

🔹 7. Recent Political Examples of Judicial Activism (2020–2025)

🏛 A. Electoral Bonds Case (Association for Democratic Reforms v. Union of India, 2024)

In this politically explosive case, the Supreme Court struck down the Electoral Bonds Scheme,
calling it unconstitutional. Electoral Bonds allowed anonymous corporate donations to political
parties, which critics said favored the ruling party and damaged electoral transparency.
The Court held that citizens have the right to know the source of political funding under
Article 19(1)(a). It ruled that unlimited corporate funding and donor secrecy violated the
principle of free and fair elections—a key part of the Constitution’s basic structure.

This was a rare case where the Court openly challenged the political establishment and took a
strong stand for clean politics and voter rights. It’s a modern-day example of judicial activism
directly curbing government-enabled opacity and favoritism.

🏛 B. Pegasus Surveillance Case (Manohar Lal Sharma v. Union of India, 2022)

In 2021, media reports alleged that the Indian government used Pegasus spyware to illegally
surveil opposition politicians, journalists, and activists. The Court, recognizing the
seriousness of the allegations, formed an expert committee and rejected the government’s
“national security” defense to avoid scrutiny.

The Court ruled that state surveillance, without checks, violates the fundamental right to
privacy, which was recognized in the 2017 Puttaswamy judgment.

Though the full results of the probe were inconclusive, the Court’s intervention sent a strong
political message: No authority, not even the state, can operate in secret beyond
constitutional limits. It reaffirmed the judiciary’s role as the defender of civil liberties against
executive abuse.

🔹 8. Suggestions and the Way Forward

As a student learning about the Indian judicial system, I strongly believe that judicial activism is
essential for protecting constitutional values, especially when other institutions fail in their
duties. However, just like any other powerful tool, it must be used responsibly. Based on what I
have learned, here are my personal suggestions on how judicial activism should be practiced
and strengthened:
1. The Judiciary Should Exercise Self-Restraint:
While I admire how the judiciary has taken bold steps in defending democracy, I also
believe that it should not take over the roles of the legislature or executive unless
absolutely necessary. Courts should intervene only in cases where constitutional rights
are clearly at stake, and not in every policy matter or administrative decision.

2. Political Institutions Must Step Up:

One of the main reasons for increased judicial activism is the failure of the executive
and legislature to perform their roles effectively. If our politicians make stronger laws,
act in public interest, and implement policies properly, then the courts won't have to fill
those gaps so frequently.
 3. PILs Must Be Regulated, Not Misused:
Public Interest Litigation is a great tool for social justice, but it must not be used for
publicity or personal gain. I suggest that the courts should carefully screen PILs and
discourage those that are politically motivated or frivolous. This will help protect the
credibility of genuine cases.

🔹 9. Conclusion

Judicial activism in India has acted as a bulwark against arbitrary governance, a protector of
fundamental rights, and a watchdog for political accountability. From landmark decisions like
Kesavananda Bharati to recent cases challenging electoral funding and surveillance, it has shown
that the courts can and must intervene when democracy is threatened.

However, the power of the judiciary lies not just in its authority, but in its ethical restraint and
constitutional commitment. As India continues to face political, environmental, and social
challenges, judicial activism will remain an essential pillar—but only if it respects the balance of
power and continues to serve the people, not power.

“Judicial activism, when rooted in constitutional values, is not interference—it is justice in

action.”

Would you like me to now generate:

 ✅ Acknowledgement
 ✅ Certificate
 ✅ Index
 ✅ Bibliography (with Supreme Court case references and government documents)
Let me know and I’ll deliver a print-ready file format for your school project.

Ask ChatGPT

Absolutely! Here are the final 5 directly clickable and authentic

sources I used while drafting your project, along with what content
they support:

✅ 1. Constitution of India – Official Government PDF

📄 Use: Verified Articles 32, 141, 142, 226, and the framework of
separation of powers.🔗
https://legislative.gov.in/sites/default/files/COI_1.pdf📍 Used in:
"Evolution and Constitutional Basis of Judicial Activism" and "Merits of
Judicial Activism"
✅ 2. Kesavananda Bharati v. State of Kerala (1973)
– Full Judgment
📄 Use: Source of the Basic Structure Doctrine and political challenge to
Parliament’s power.🔗 https://indiankanoon.org/doc/257876/📍 Used in:
"Landmark Cases" section and explanation of judicial limits on
Parliament

✅ 3. Association for Democratic Reforms v. Union of

India (2024) – Electoral Bonds Case
📄 Use: Supreme Court verdict striking down anonymous political
donations.🔗 https://www.scobserver.in/cases/association-for-
democratic-reforms-electoral-bonds-case-background/📍 Used in:
"Recent Political Cases" subheading as a modern example of judicial
activism

✅ 4. Pegasus Spyware Case – Manohar Lal Sharma

v. Union of India (2021)
📄 Use: Supreme Court’s response to alleged state surveillance
violating right to privacy.🔗 https://www.scobserver.in/cases/manohar-
lal-sharma-prime-minister-pegasus-spyware-probe-case-background/📍
Used in: "Recent Political Cases" as an example of judicial protection of
civil liberties

✅ 5. Indian Polity by M. Laxmikanth – Scribd (7th

Edition)
📄 Use: Explained judicial structure, PIL, articles, and historical
development of activism.🔗
https://www.scribd.com/document/821068380/netmock-com-Indian-
Polity-by-M-Laxmikanth-7th-Edition📍 Used in: "Introduction to Judicial
Activism", "Public Interest Litigation", and definitions

Let me know if you want me to create:

• 📎 A formal Bibliography section with these entries
• 📄 An exportable PDF/Word version of your project with these
links and citations
I'm ready to help you finalize your file!