UDTR Global Rights of Nature Radar

Constitutional Law and Judicial Activism: Guardianship and Reform in The Indian Democratic Framework

Identification

Public canonical key

doi:10.64388/irev9i10-1715899

Authors

Utkarsh Mishra · Vir Vikram Bahadur Singh

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-09T19:04:47.932602+00:00

Last metadata observation

2026-11-09T19:04:47.932602+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Rama University

Reported affiliation countries

IN

Documentary abstract — original language

Judicial activism serves as a dynamic instrument in upholding constitutional values and ensuring justice in a democratic framework. It signifies the proactive role of the judiciary in interpreting and expanding the scope of fundamental rights enshrined in the constitution. Through judicial activism, courts have not merely confined themselves to the literal interpretation of law but have also assumed the responsibility of addressing social injustices and governmental inaction. This approach enhances accountability and strengthens the rule of law by bridging the gap between the ideal and the real in governance. The evolution of judicial activism in India can be traced through landmark judgments such as KESAVANANDA BHARATI V. STATE OF KERALA1 AND MANEKA GANDHI V. UNION OF INDIA2, where the judiciary asserted its power to review and protect constitutional supremacy. The emergence of public interest litigation (PIL) further extended access to justice, making the courts accessible to marginalized and voiceless sections of society. However, excessive judicial intervention has also raised concerns regarding the separation of powers and the potential encroachment upon legislative and executive functions. In essence, judicial activism acts as both a guardian and a reformer of constitutional principles, striving to maintain the balance between authority and liberty. It embodies the spirit of the constitution, ensuring that justice is not only done but also seen to be done in every aspect of public life.

Identifiers

OPENALEX

W7150883994

DOI

10.64388/irev9i10-1715899

Documentary context

Documentary family

Scholarship

Source-reported types

article

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.64388/irev9i10-1715899
• OpenAlex · https://openalex.org/W7150883994

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.