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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