Role Of Judiciary in Interpreting the Indian Constitution and the Concept of Judicial Activism

Abstract

The judiciary in India serves as a cornerstone of constitutional democracy, playing a crucial role in interpreting the Constitution and protecting fundamental rights. This paper explores the multifaceted role of the judiciary in shaping constitutional discourse through interpretation and judicial activism. It traces the evolution of judicial activism in India, particularly post-Emergency, highlighting key decisions that expanded the ambit of civil liberties and public interest. The study examines how doctrines such as the basic structure theory and constitutional morality have been judicially constructed to preserve democratic values and ensure social justice. While judicial activism has empowered the marginalized and filled legislative gaps, it also faces criticism for potential overreach and challenges to the separation of powers. The paper critically analyzes landmark cases, contemporary trends, and institutional constraints, offering a balanced perspective on the judiciary's dynamic influence in democratic governance. Ultimately, the research underscores the importance of a vigilant yet restrained judiciary in maintaining constitutional balance and public trust in the rule of law.