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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 1 (2026)
Judicial activism: A boon or a challenge for Indian Democracy
Authors
Dr. D K Upadhyay, Mandeep Lakra
Abstract

Judicial activism refers to the dynamic role of the judiciary in which the SC and HC have protected the rights of the deprived sections of the Indian society by giving liberal interpretation to the fundamental rights through public interest litigations. The role of the judiciary has evolved over time and has expanded from being limited to mere dispute resolution to social change and protection of constitutional values. Judicial activism has emerged as a powerful tool in this process. On the one hand, it has contributed significantly to the protection of fundamental rights, the establishment of social justice, and the accountability of governance.

This paper analyses the dual nature of judicial activism as a boon for empowering inclusive democracy, and as a challenge for institutional imbalance and advocates a restrained approach. Which works to strengthen Indian democracy through dialogue with the legislature. On the other hand, it has also been accused of violating the principle of separation of powers and judicial encroachment. This research article critically studies the concept of judicial activism, its constitutional basis, judicial development, its positive contribution to democracy and the challenges arising from it and emphasizes the need for a balanced judicial approach.
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Pages:95-98
How to cite this article:
Dr. D K Upadhyay, Mandeep Lakra "Judicial activism: A boon or a challenge for Indian Democracy". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 95-98
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