| Subject: | Political Science |
| Title: | Examining the delicate distinction between Judicial Activism and Overreach: An Indian Context |
| Author(s): | Baishampayan Sunani |
| Published on: | 30th August 2025 |
| Published by: | Lyceum India |
| Name of the Journal: | Lyceum India Journal of Social Sciences |
| ISSN/E-ISSN: | 3048-6513 |
| Volume & Issue: | Volume: 2, Issue: 3 |
| Pages: | 25-29 |
| Original DOI (if any): | 10.5281/zenodo.16977551 |
| Repository DOI: | |
| Abstract: | The Indian judiciary is the bastion of individual rights and of justice. It not only serves passively as the guardian of the constitution but also ensures being assertive and proactive that justice is realized and rights are upheld in the day-to-day lives of the general public. This avatar of the Judiciary is popularly known as judicial activism. However, given the thin line between judicial activism and judicial overreach the activist role of the judiciary is questioned and has sparked the debate to redefine the judiciary role for a very long time. Many times, it is observed that judicial activism is misunderstood and labelled as overreach. This paper, drawing the thin line between them, seeks to understand the proactive role of the Indian judiciary in the context of the recent confrontations between the executive and judiciary over stipulated time limits of assenting to a passing bill. It also, while cautions the judiciary in the areas of overreaching the domain of others sphere that is not effective for a healthy democratic governance in the long run, emphasize instead that the court should compel and make ground for the legislative and executive to overcome their inabilities to fulfil their constitutional role assigned. |
| Keywords: | Judicial Activism, Judicial Overreach, Constitution, Democratic Governance, Executive, Individual Rights, Justice |
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