Critical Analysis of Judicial Activism in India

Introduction:

Judicial activism refers to the proactive role of the judiciary in interpreting the law and enforcing fundamental rights. In India, the judiciary has often played an active role in promoting social justice, protecting fundamental rights, and ensuring the accountability of government officials. However, there have been instances where judicial activism has been criticized for overstepping its constitutional limits. This article will provide a critical analysis of judicial activism in India with the help of some landmark cases.

Background:

India’s Constitution envisages a system of checks and balances between the three branches of government – the legislature, executive, and judiciary. The judiciary’s role is to interpret the Constitution and ensure that the other branches of government act within its framework. However, there have been several instances where the judiciary has taken a proactive role in enforcing fundamental rights and promoting social justice. This has led to criticism from some quarters, who believe that the judiciary is overstepping its constitutional limits.

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Cases:

1. Maneka Gandhi v. Union of India (1978): This case is considered a landmark in the history of judicial activism in India. The Supreme Court, in this case, expanded the scope of Article 21 of the Indian Constitution to include the right to travel abroad. This case established that Article 21, which guarantees the right to life and personal liberty, is not limited to mere animal existence but includes the right to lead a meaningful life.
2. Kesavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court held that the basic structure of the Indian Constitution cannot be amended by the Parliament. This judgment prevented the government from making any amendments that could fundamentally alter the Constitution’s basic structure and the principles of democracy, secularism, and federalism.
3. Vishaka v. State of Rajasthan (1997): This case laid down guidelines for preventing sexual harassment at the workplace. The Supreme Court, in this case, recognized sexual harassment as a violation of a woman’s fundamental rights to equality and dignity, and directed all employers to set up mechanisms for redressal of such complaints. While this case is celebrated for laying down guidelines to prevent sexual harassment of women at the workplace, some critics argued that the Court overstepped its boundaries by creating new laws instead of interpreting existing ones.
4. Olga Tellis v. Bombay Municipal Corporation (1985): In this case, the Supreme Court held that the right to livelihood is a fundamental right guaranteed under Article 21 of the Indian Constitution. The court directed the government to provide alternative accommodation to the pavement dwellers who were evicted from their homes.
5. MC Mehta v. Union of India (1986): This case is popularly known as the ‘Oleum Gas Leak Case.’ The Supreme Court, in this case, laid down the principle of ‘absolute liability’ of an enterprise engaged in a hazardous or inherently dangerous activity. The court held that an enterprise is strictly liable for any harm caused to the public, and the burden of proof lies with the enterprise to show that the harm was not caused due to its negligence.
6. Delhi Vehicular Pollution Case: The Delhi Vehicular Pollution case is an example of the judiciary’s commitment to protecting the environment and promoting public health. In this case, the Supreme Court issued several orders to combat air pollution in Delhi. The court ordered that all diesel vehicles older than 10 years and petrol vehicles older than 15 years be banned in the city. The court also ordered that all taxis and auto-rickshaws switch to CNG fuel. The judgment was significant as it demonstrated the court’s commitment to protecting the environment and promoting public health.
7. People’s Union for Civil Liberties v. Union of India (2002): In this case, the Supreme Court laid down guidelines to regulate the use of handcuffs and other restraints on undertrials and prison inmates. The court recognized that the use of such restraints is a violation of a person’s dignity and human rights and directed authorities to follow strict guidelines while using them.
8. Bandhua Mukti Morcha v. Union of India (1984): In this case, the Supreme Court issued guidelines to protect the rights of bonded laborers in India. The Court recognized bonded labor as a violation of human rights and directed the government to take necessary steps to eradicate this practice.
9. Hussainara Khatoon v. Home Secretary, State of Bihar (1979): In this case, the Supreme Court recognized the right to a speedy trial as a fundamental right guaranteed under Article 21 of the Indian Constitution. The Court directed the government to take necessary steps to ensure that undertrial prisoners do not languish in jail for long periods without a trial.
10. Sheela Barse v. Union of India (1986): In this case, the Supreme Court directed the government to take necessary steps to protect the rights of women prisoners in India. The court recognized that women prisoners are vulnerable to abuse and directed authorities to take necessary steps to ensure their safety and well-being.
11. M.C. Mehta v. Kamal Nath (1997): In this case, the Supreme Court directed the government to take necessary steps to prevent pollution in the river Ganga. The Court recognized the importance of the river Ganga to the Indian civilization and directed authorities to take necessary steps to clean it up.
12. ADM Jabalpur v. Shivkant Shukla (1976): In this case, the Supreme Court held that even if the government violates an individual’s fundamental rights during an emergency, the courts cannot interfere. This decision was criticized for supporting the government’s power to suspend the fundamental rights of citizens during an emergency.
13. S. P. Gupta v. Union of India (1981): In this case, the Supreme Court expanded the scope of its power to appoint judges to higher courts. This decision was criticized for giving the judiciary too much power over the appointment of judges and interfering with the government’s authority.
14. Indian Council for Enviro-Legal Action v. Union of India (1996): In this case, the Supreme Court ordered the closure of polluting industries in Delhi. The decision was criticized for not taking into account the economic and social impact of such a move on the people and the economy.
15. Narmada Bachao Andolan v. Union of India (2000): In this case, the Supreme Court allowed the construction of the Sardar Sarovar dam in Gujarat, despite protests from activists who argued that it would displace thousands of people and cause environmental damage. The Court’s decision was criticized for not taking into account the social and environmental impact of the project.

Critical Analysis:

Judicial activism has played a crucial role in promoting social justice, protecting fundamental rights, and ensuring the accountability of government officials. However, there have also been instances where the judiciary has overreached its powers. In the ADM Jabalpur case, the judiciary gave sweeping powers to the executive, which was a clear violation of the Constitution. The judiciary’s role is to interpret the Constitution and ensure that the other branches of government act within its framework. The judiciary must also ensure that it does not overstep its constitutional limits.

Judicial activism is often seen as a necessary step towards promoting social justice and protecting fundamental rights. However, there is a need for caution to ensure that the judiciary does not overstep its constitutional limits. The judiciary must continue to uphold the Constitution and the rule of law while respecting the separation of powers between the three branches of government.

Pros:

1. Protection of fundamental rights: The judiciary has been instrumental in safeguarding the fundamental rights of citizens, particularly those from marginalized sections of society. It has struck down laws and policies that discriminate against people on the basis of their caste, religion, gender, or sexual orientation.
2. Promoting social justice: The courts have often taken a proactive approach to promote social justice in the country. They have intervened to provide relief to victims of disasters, ensure fair compensation to workers, and protect the environment.
3. Checking the excesses of the government: Judicial activism acts as a check on the government’s power by ensuring that its actions are consistent with the Constitution and the law. The courts have struck down unconstitutional laws and policies, and prevented the abuse of power by the executive.

Cons:

1. Interference in policy-making: Critics argue that judicial activism often leads to the courts making decisions on policy matters that are better left to the executive and legislative branches of government. This can lead to confusion and instability in policy-making.
2. Undermining democratic process: Judicial activism can be seen as an infringement on the authority of the elected representatives of the people. The courts may overturn policies or laws that are supported by a majority of the people, thereby undermining the democratic process.
3. Overstepping judicial boundaries: Some critics argue that judicial activism represents an overreach of judicial authority, where the courts are interpreting laws in a manner that goes beyond their intended purpose. This can lead to a lack of predictability in legal decisions and weaken the legitimacy of the judiciary.

Conclusion:

judicial activism in India has played a crucial role in promoting social justice, protecting fundamental rights, and ensuring the accountability of government officials. However, there is a need for caution to ensure that the judiciary does not overstep its constitutional limits. The judiciary must continue to uphold the Constitution and the rule of law while respecting the separation of powers between the three branches of government.

Author – Sanjeev Kumar Singh

BBA.LL.B – NSL, GNS University

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