International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 7 Issue 3
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Between Guardian and Arbiter : Seeking Equilibrium Between Activism and Restraint in Indian Jurisprudence

Author(s) Shivam Bharal, Ritu Sharma
Country India
Abstract India’s Constitution lives and breathes through judicial interpretation, yet judges face the challenge of defining their limits. This article examines how Indian judiciary have navigated between judicial restraint and judicial activism since the ‘Maneka Gandhi’ judgment. The ‘Originalism’ affected early rulings like ‘A.K. Gopalan.’ But over time, the courts tilted toward a more flexible and evolving view, as seen in the cases of ‘Kesavananda Bharati’, ‘K.S. Puttaswamy’, and ‘Navtej Singh Johar.’ The research explores how Public Interest Litigation led to increased judicial involvement in resolving social disputes. At the same time, it also stirred debates over potential Judicial Overreach. Key judgements like ‘S.R. Bommai’ and the ‘Ayodhya Case’ reveal how the judiciary sought to maintain a balance, knowing when to step back and when to interfere. The paper suggests that the judges must protect fundamental rights without obstructing the smooth working of democratic institutions. The study advises the that judges should act wisely and only get involved when laws or government actions are making constitutional values vulnera-ble. This careful approach protects justice, builds trust among people, and keeps India’s democracy strong and adaptable.
Keywords Judicial Activism, Judicial Restraint, Living Constitutionalism, Originalism, Fundamental Rights
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 3, May-June 2025
Published On 2025-06-23
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E-ISSN 2582-2160
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