“JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”

AUTHOR- ANIMESH PANDEY* & MS. MANASVI AGRAWAL**

* STUDENT AT AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

** ASSISTANT PROFESSOR OF AMITY LAWS SCHOOL, AMITY UNIVERSITY LUCKNOW, UTTAR PRADESH

BEST CITATION – ANIMESH PANDEY & MS. MANASVI AGRAWAL, “JUDICIAL ACTIVISM AND THE DOCTRINE OF SEPARATION OF POWERS: A CONSTITUTIONAL PERSPECTIVE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 686-698, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT: –

The doctrine of judicial activism, specifically in relation to the separation of powers, is an important aspect of constitutional law that has developed through the active interaction between the Judiciary, Legislature, and Executive. The paper discusses the balance and tension between judicial activism and the constitutional principle of separation of powers in democratic governments, with specific reference to India. Judicial activism, while necessary in the defense of fundamental rights and remedy for legislative or executive inaction, tends to create apprehensions about judicial overreach and erosion of the autonomy of other branches of government. The paper examines the historical development of the doctrine of separation of powers and how the Judiciary has interpreted and applied this principle in resolving issues of governance, public interest, and constitutional interpretation. Through an analysis of milestone cases, judicial principles, and the effect of judicial intervention on public policy, this research emphasizes the importance of a fine balance between judicial activism and the maintenance of democratic constitutional frameworks. In addition, the paper addresses the changing role of the Judiciary in protecting the Constitution and ensuring that governance is responsive to the people’s needs without compromising the functions of the other constitutional bodies.

KEYWORDS:                                   

Judicial Activism, Separation of Powers, Constitutional Law, Judicial Review, Public Interest Litigation (PIL), Indian Constitution