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International Journal of
Law, Policy and Social Review
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VOL. 7, ISSUE 2 (2025)
From procedure to substance: Judicial activism and the transformation of the due process clause
Authors
Dr. Amit Kumar
Abstract

Contemporary courts are not passive; they have adopted a proactive stance focused on taking positive actions and issuing orders to address issues. Many ordinary Indian citizens believe that the legislature and executive have failed in their obligations to the public. The executive and legislators are held accountable for their actions, and their proximity to the people raises expectations, leading to criticism when they fall short. Citizens often feel that the administration is indifferent and ineffective, leaving them no choice but to seek redress from the judiciary. Consequently, the judiciary has become more activist in response. Judicial activism has gained significant legitimacy among the Indian public. However, this activist approach by the judiciary may lead to friction and tension with other branches of the state. While such tensions are natural and somewhat beneficial, they can also create challenges. Thanks to the power of judicial review explicitly granted by the Constitution, the judiciary has been able to safeguard Fundamental Rights from encroachments by the legislative and executive branches. By exercising its power of judicial review, the judiciary has successfully defended the Fundamental Rights outlined in the Constitution, earning it the characterization as an extension of these rights. The present paper is an attempt to showcase the role of judiciary in strengthening the Fundamental Rights with the help of Due Process Clause.

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Pages:37-40
How to cite this article:
Dr. Amit Kumar "From procedure to substance: Judicial activism and the transformation of the due process clause". International Journal of Law, Policy and Social Review, Vol 7, Issue 2, 2025, Pages 37-40
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