The active participation of Judiciary in imparting justice by evolving new principles and interpreting the existing laws in a new way can be termed as judicial activism. Judicial activism has been a hot topic of discussion and debate for some time. Some laud it for being people friendly and in line of justice, equity and good conscience, but some accuse it of being an attempt to usurp the powers of the Legislature and the Executive and a trespass in the domain of the other pillars of this democratic country.
Judicial activism revealed the active side of our judiciary usually accused of being a mute spectator of the judicial proceeding going on before it. Recently judiciary played a very important part in imparting justice to hapless victims wronged by the affluent and high profile accused, many belonging to high echelons of power. The strict attitude of issues of reservation and other legislative matters brought Judiciary face to face with legislature. According to the Executive the Judiciary trespasses its limits. Time and again it is being argued that Judiciary encroaches upon the jurisdiction of the Executive, the Legislature and other institutions in its activism. This criticism is unfounded as in most cases the Judiciary was compelled to act because of the inactivity of the other pillars of our democracy.
There are of course some examples of over enthusiasm. Such over enthusiasm blurs the line of demarcation of the domain of the three pillars of our democracy. Apart from this, there has been an increase in number of cases of contempt of court. The Supreme Court needs to command action rather than issuing too many instructions. Our former chief justice Y. K. Sabharwal once said, "A little conflict between the Legislature and Judiciary is good for a healthy democracy." This highlights the strength of our democracy and how each pillar of our democracy needs to zealously guard the public interest.
Lastly there is a need to evaluate activism. The phenomenon of judicial activism has resulted because of inaction or over action shown by the other two branches of the government. The former Judge of the Supreme Court Krishna Ayer had said once, “Judicial Activism is only a passing phase." This passing phase has come as a timely device to meet the socio-political crisis. In fact by resorting to judicial activism, the judges have taken the judiciary close to the people and etched out a role for itself in a democratic polity governed by the basic law of justice, equity and good conscience.
