Judicial Activism: Concept and Impact on Executive-Judiciary Relationship in India

Concept of Judicial Activism:
Judicial Activism refers to the judiciary’s proactive role in addressing social injustices, safeguarding fundamental rights, and ensuring the implementation of laws beyond mere interpretation. It involves courts taking an active stance in policy issues and legislative matters.

Impact on Executive-Judiciary Relationship:

• Empowerment of Judiciary: Judicial activism has strengthened the judiciary’s role in upholding constitutional values, as seen in the Kesavananda Bharati Case (1973), which established the basic structure doctrine.
• Tension with Executive: It has led to tensions between the judiciary and executive, with instances like the Supreme Court’s intervention in the Aadhar case (2018) affecting executive policies.
• Accountability: While it has promoted accountability and transparency, it sometimes results in judicial overreach, challenging executive decisions and policies.

In summary, judicial activism in India has enhanced judicial authority but also created complex dynamics with the executive branch.