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The Judiciary's Role in Influencing Policy Through Judicial Activism in India: a Critical Analysis

Year: 2025

Type: article

Abstract: ABSTRACT: Judicial activism has emerged as a prominent feature of India’s judicialsystem, where the judiciary actively intervenes in the formulation of policies and theprotection of fundamental rights. This paper critically analyzes the pros and consof judicial activism in India, highlighting its impact on policy-making, the balance of power between the judiciary, the legislature, and the executive, and its long-term implications for Indian democracy. While judicial activism has played a crucial role in shaping progressive policies, its overreach has raised concerns aboutthe separation of powers and democratic legitimacy. Progressive policies have beengreatly influenced by judicial activism, but when it has gone too far, it hassparked questions about democratic legitimacy and the division of powers.

Source: Zenodo (CERN European Organization for Nuclear Research)

DOI: 10.5281/zenodo.15615771

Author: G Raja Kumari

Language: English

Topic: Judicial and Constitutional Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W6893258864

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