UPSC Mains Answer: Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that ‘India. develops into a thriving democracy. ‘In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Difficulty Level: Hard

Pre-requisite: Understanding the constitutional evolution post-Independence, particularly the tension between parliamentary sovereignty and judicial review. Familiarity with key Supreme Court judgments (e.g., Kesavananda Bharati, Maneka Gandhi, S.R. Bommai) and the conc

Sub-category: Polity and Governance (Constitution, Judiciary, and Democratic Institutions)

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The Indian judiciary, through its evolution of the 'basic structure' doctrine in the landmark Kesavananda Bharati case (1973), established a constitutional bulwark against arbitrary amendments, ensuring the supremacy of democratic ideals like rule of law, separation of powers, and fundamental rights. This judicial innovation marked the beginning of a proactive role in safeguarding democracy, particularly during periods of executive overreach or legislative excess. Judicial activism, manifested through Public Interest Litigation (PIL) and expansive interpretations of Article 21 (right to life), has democratized access to justice, empowering marginalized sections to seek redressal against state apathy or corporate exploitation. For instance, the judiciary’s intervention in cases like Vishaka (gender equality), Olga Tellis (right to shelter), and recent environmental PILs has reinforced participatory democracy by holding the state accountable to its constitutional obligations. However, this activism has also sparked debates about judicial overreach, where the judiciary encroaches upon the domains of the legislature or executive, potentially undermining the principle of separation of powers. Yet, in a diverse and complex democracy like India, judicial activism has often filled the vacuum left by weak governance, ensuring that the democratic fabric remains resilient. Moving forward, the judiciary must strike a balance between activism and restraint, ensuring that its interventions uphold democratic ideals without stifling the legitimate functions of other branches. Thus, judicial activism, rooted in the 'basic structure' doctrine, has been instrumental in deepening India’s democratic ethos, making it more inclusive, accountable, and responsive to the needs of its citizens.