What do you mean by Judicial Activism ? Enumerate major cases on Judicial activism?

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 Judicial activism refers to when judges take an active role in shaping public policy and interpreting the law beyond their traditional role of simply applying existing laws. In recent years, India has witnessed several instances of judicial activism. Here are some of the latest examples:

0.Kesavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court established the "basic structure doctrine," which limits the power of Parliament to amend the Constitution and ensures the protection of essential features of the Constitution.

Sabarimala Temple Case: In 2018, the Supreme Court of India allowed the entry of women of all age groups into the Sabarimala Temple, overturning the centuries-old tradition that only allowed women above a certain age to enter. This decision was seen as an act of judicial activism, as the court intervened to protect the rights of women and promote gender equality.


Aadhaar Card Case: The Supreme Court of India played an active role in the Aadhaar card case. In 2018, the court upheld the constitutional validity of the unique identification system but also struck down certain provisions, including the mandatory linking of Aadhaar with bank accounts and mobile numbers. The court's decision was seen as a significant step in safeguarding citizens' right to privacy.

 Triple Talaq Case: In 2017, the Supreme Court of India declared the practice of instant triple talaq (divorce) among Muslims as unconstitutional and struck it down. The court held that the practice violated the fundamental rights of Muslim women. This decision was seen as a landmark move towards gender equality and women's empowerment.


Section 377 Case: The Supreme Court of India decriminalized homosexuality in 2018 by striking down Section 377 of the Indian Penal Code, which criminalized consensual same-sex relationships. The court's judgment was seen as a progressive step towards protecting the rights of the LGBTQ+ community and promoting inclusivity.


Environmental Cases: The Indian judiciary has been actively involved in addressing environmental issues. In 2019, the Supreme Court banned the sale and use of firecrackers in the Delhi-NCR region to combat air pollution during the festival of Diwali. The court's intervention was seen as a necessary step to protect public health and the environment.


These examples highlight the judiciary's role in shaping public policy and protecting fundamental rights in India. Judicial activism has played a crucial role in addressing societal issues and ensuring justice for marginalized sections of society. The Indian judiciary continues to be an important pillar in upholding the principles of justice, equality, and the rule of law.

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