Judicial Activism has laid down strong foundation of the fact that Constitution, rule of law, Constitutionalism are being protected by the Judiciary which acts as a safety net in situation of crisis which are created by different interest group of the societies. It is the Judiciary which makes sure that justice is served and interpretations are done in good faith keeping in mind the interest of the public.
Development of PIL has provided vital aid in making the judicial activism meaningful.
In the recent times, judiciary has become the weakest organ of the three because of the reason that judges do not have power to and they rely on the public faith. Secondly, keeping the exceptions aside, it creates repercussions when judges become overenthusiastic and they tend to cross certain lines which make it difficult to retain the traditional functioning of the courts. Therefore, there must be line of separation between judicial activism and judicial overreach because the judiciary will be destabilized if the judicial overreach takes place.
– 1218 International Journal of Law Management & Humanities [Vol. 3 Iss 3; 1211] © 2020. International Journal of Law Management & Humanities [ISSN 2581-5369]
Benifits of Judicial Activism:
The Government needs to function more efficiently, smoothly in order to maintain peace, prosperity, law and order in the country, judiciary cannot be overburdened to work as an umbrella to hide and amend the wrongdoing and incorrect decisions taken by the Government. The work of the court is to interpret the laws and serve justice and ensure welfare which in the interest of the society.