JUDICIAL ACTIVISM AND THE ENFORCEMENT OF DIRECTIVE PRINCIPLES THROUGH FUNDAMENTAL RIGHTS IN INDIA

AUTHOR – GURUKANTHI S, LLM SCHOLAR, TAMIL NADU NATIONAL LAW UNIVERSITY

BEST CITATION – GURUKANTHI S, JUDICIAL ACTIVISM AND THE ENFORCEMENT OF DIRECTIVE PRINCIPLES THROUGH FUNDAMENTAL RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 46-57, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study employs a doctrinal research to critically examine the evolving role of the Indian judiciary in transforming Directive Principles of State Policy (DPSPs) into enforceable rights through an expansive interpretation of Article 21 of the Constitution. While DPSPs were originally conceived as non-justiciable guidelines for governance, judicial activism has increasingly integrated these principles into the realm of Fundamental Rights, thereby enhancing the protection of socio-economic rights such as the right to health, education, and a clean environment. The research explores whether this judicial expansion, though aimed at achieving social justice, has resulted in potential judicial overreach that disturbs the delicate balance of power between the judiciary, legislature, and executive. Employing a doctrinal methodology, the study systematically analyses constitutional provisions, landmark judgments, and scholarly literature to evaluate the impact of this judicial trajectory. The paper also questions whether the judiciary’s proactive stance, though often necessary to address legislative and executive inaction, risks undermining the intended democratic structure by encroaching upon the functions of the other branches of government. Through this inquiry, the study seeks to contribute to the ongoing debate on the legitimacy and limits of judicial activism in India’s constitutional framework.