Laws and Justice

Abstract

The Supreme Court of India initially had a technocratic character, but over time, it gradually evolved into a more active and engaged institution through its interpretation of the constitution. The court's transformation into an activist entity was a gradual process that involved its active participation in interpreting laws and statutes. The roots of judicial activism can be traced back to the court’s early emphasis on the essence and nature of Judicial Review. The Indian constitution’s preamble defines India as a Democratic Republic and ensures justice, with the judiciary playing a crucial role in safeguarding citizens’ statutory rights and reviewing legislative and administrative actions in accordance with the constitution and the law. Therefore, judicial lawmaking is often referred to as Judicial Activism.