THE ROLE OF JUDICIAL ACTIVISM IN ADVANCING HUMAN RIGHTS IN INDIA: A CRITICAL ANALYSIS
AUTHOR – MS. SNEHA HITENDRA SONI, ASSISTANT PROFESSOR AT M.K.E.S. COLLEGE OF LAW. EMAIL ID: SNEHASONI96@GMAIL.COM
BEST CITATION – MS. SNEHA HITENDRA SONI, CYBERCRIME IN INDIA: A GROWING THREAT TO CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 50-55, APIS – 3920 – 0001 & ISSN – 2583-2344.
This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).
Abstract
Judicial activism has significantly influenced the promotion and protection of human rights in India, serving as a crucial mechanism for ensuring justice, equality, and dignity in governance. This paper critically analyzes the evolution, scope, and impact of judicial activism, focusing on its role in addressing societal inequalities, governance gaps, and human rights violations. It examines the origins of judicial activism, its constitutional basis, and its methods, including Public Interest Litigations (PILs) and landmark rulings.
The paper highlights how judicial activism has expanded the interpretation of fundamental rights under Article 21, facilitated access to justice for marginalized groups, and integrated environmental protection into the domain of human rights. However, the paper also addresses the criticisms of judicial activism, including concerns about judicial overreach, delays in justice, and potential misuse of PILs. It compares India’s approach to judicial activism with practices in the United States and South Africa, offering insights for improving balance and accountability in the judiciary. While judicial activism has played a transformative role in advancing human rights, it must strike a balance with judicial restraint to preserve the separation of powers and institutional integrity. Recommendations include clearer guidelines, enhanced accountability mechanisms, and prevention of PIL misuse to ensure judicial activism remains a constructive force in achieving constitutional justice.
Key Words: Equality, Fundamental Rights, Human Rights, Judicial Activism, Justice, Public Interest Litigation (PIL)