Acceptability of Judicial Activism in India Perspective

Abstract

Although the debate on the judicial activism has been around since the days of Blackstone and Bentham.Thetraditional role of the judge has always been considered as that of an impartial arbitrator who hears the argument of both parties and renders justice without interfering in the debate of the matter. The changing attitude of the Supreme Court of India in its journey from Supreme Court of India to Supreme Court for Indians which shed their character as upholders of the established system legitimised the expending role of judiciary from mere arbitrator to a catalyst of social change and full fill the vacuum created due to passiveness of other organs of the government. The landscape of recent verdicts of Supreme Court clearly evident that it not only makes law in the sense of the realist jurisprudence but actually has started legislating exactly as the legislature legislates. In this background the paper intended to insights into the metamorphosis of judicial activism in India.