The Judiciary has been assigned active role under the constitution. Judicial Activism and Judicial Restraint are facets of that uncourageous creativity and pragmatic wisdom.
Judicial Activism means that instead of Judicial Restraint, the Supreme Court and other lower Courts become activists and compel the authority to act and sometimes also direct the government and government policies and also administration. It is a way through justice is provided to the aggrieved citizens. Judicial Activism refers to the interference of the Judiciary in the legislative and executive fields. It is mainly occurs due to the non- activity of the other organs of the government.
The expression ‘Judicial Activism’ is often used in contrast to another expression
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The other reason is, it has been arisen also due to fact that there is a doubt that the ruling bodies are failed to deliver the goods governance. Thirdly, it occurs because the entire system has been plagued by ineffectiveness and inactiveness. The violation of basic human rights has been also led to Judicial Activism. Finally, due to the misuse and abuse of some of the provisions of the constitution, Judicial Activism has gained significance.
So sometimes judges has to act accordingly favoring that what is right to make the justice to the party vie using the power. As constitution guarantee all of its citizen right and justice without any
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The Courts themselves must display prudence and moderation and be conscious of the need for comity of instrumentalities as basic to good governance. Judicial Activism has to be welcomed and its implications assimilated in letter and spirit. An active Court is surely more effective than a legal positivist conservative Court to protect the society against legislative adventurism and executive tyranny. When our chosen representatives have been fail to give us a welfare state, Judiciary plays an active role. In Judicial Activism, the judge places his final decisions with his heart and mind which is emotionally handled.
The Indian Constitution in 1950, largely borrowed its principles from western modules parliamentary democracy and an independent Judiciary from England, The Fundamental Rights from the Bill of Rights, and federal structure in the U.S Constitution and the Directive principles from the Irish Constitution. These modern principles and institutions were borrowed from the west and then imposed from above on a semi-feudal, semi-backward society in India.
The Indian Judiciary, being a wing of the state, has thus played a more activist role than its U.S counterpart in seeking to transform Indian society into a modern one, by enforcing the modern principles and ideas in the constitution through Court