Judicial activism refers to the phenomenon of the courts dealing with those issues which they have traditionally not touched or which were not in the contemplation of the founding fathers. It is a state of mind, the origin of which lies in the ‘in activism’ of the other two wings of the government. The reason behind the rise of Judicial Activism can be seen in inaction and non-action on the part or other pillars legislature and executive to deliver in governance.
The great contribution of Judicial Activism in India has been to provide a safety valve in a democracy and a hope that justice is not beyond reach.
In Keshvanand Bharti Case: Justice P.N.Bhagwati is known as the founder of Judicial Activism. For the first time, Hon’ble Supreme Court held that a Constitutional amendment duly passed by the Legislature was invalid as damaging or destroying its basic structure. This was a gigantic innovative Judicial Leap unknown to any legal system. Since it was held in the judgment passed that amendment passed by parliament is against the basic structure of the constitution, it could not be annulled by parliament.
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