The concept of ‘Judicial activism’ connotes the assertive role played by the judiciary to force the other organs of the government to discharge their assigned constitutional function towards the people. It has helped in reinforcing the strength of democracy and reaffirm the faith of the public in the rule of law.
This concept of judicial activism gained popularity in the 1990s and has greatly contributed to the enhancement of powers and prestige of the Supreme Court. As the executive and the legislative wings of the government were not discharging their constitutional duties, the judiciary assumed a more active role. It issued directives to various authorities, governmental and civic, to discharge their assigned duties.
Judicial Activism is nothing but the judiciary’s insistence that the rule of law shall guide the executive and legislature in enacting and enforcing the laws of the land.
Judicial Activism emanates from the power of judicial review and is enjoyed by the Supreme Court and the High Court.
PIL is a major major facilitator of Judicial Activism, and judicial activism owes its present popularity to PIL.