JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION- A WELFARE POLICY OR POLITICS
INTRODUCTION OF JUDICIAL ACTIVISM The term Judicial Activism was first given by historian Arthur Schlesinger in January 1947. The practise of judicial activism originated and evolved in the United States. The evidence of judicial activism in India can be traced back to 1893. It’s foundation in India was laid down by Justice V.R Krishna Iyer, Justice P.N Bhagwati, Justice O. Chinnappa Reddy and Justice D.A Desai. Judicial Activism was a lethargic concept in India earlier however simultaneously it has become an integral part of judiciary. It refers to when judiciary takes an active role to protect the rights of the citizens and welfare of the state. When amid the three pillars of the government, the legislature, the executive and the judiciary, two of the pillars i.e., the legislature and the executive attempt to overpower themselves ignoring the frame of constitution and soul of democracy, judiciary comes into play through the power provided in the constitution a...