ABSTRACT

Indian law and jurisprudence extend back from centuries and form an existing tradition with its varied group of people. The distinctive feature of our Constitution is the single integrated system of courts. This system of courts is in charge for the management of federal and the state laws. Among the three organs (executive, legislative and judiciary) of the State, the judiciary has a remarkable evidence of ensuring control over other organs, as empowered by the Constitution. And through this, it has also gained the confidence and trust of the people. The inactiveness, negligence and corruption among the executive and legislature have indeed created a vacuum, leaving the judiciary without any option but to stretch and widen its sphere in order to fill up. As the legislations failed to provide a course, judiciary started taking on the problems by itself in order to find out a solution through their active interpretation of provisions and use of their practical wisdom. Though the concept of judicial activism is evident to have started long back, it has now become a welcoming stretch exercised by the judiciary to meet out the high hopes and aspirations of the litigants. This chapter brings out the significance of judicial activism to act as a tool towards upholding justice.