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Judicial Activism v. Judicial Restraint

Authors: Saloni Kumari;

Judicial Activism v. Judicial Restraint

Abstract

<span>This paper explores the perennial constitutional tension between judicial activism and judicial restraint, examining how courts navigate the delicate balance between safeguarding fundamental rights and respecting the separation of powers</span><span><sup></sup></span><span>. By contrasting the doctrine of institutional humility with dynamic constitutional interpretation, the analysis maps the boundaries of judicial intervention</span><span><sup></sup></span><span>. The study grounds its framework in the Indian Constitution, contrasting the proactive jurisdictional tools of Articles 32, 226, and 142, which have facilitated transformative rights jurisprudence in landmark rulings such as <i>Vishaka v. State of Rajasthan</i> and <i>Kesavananda Bharati,&nbsp;</i>against the immunities enforcing restraint under Articles 105, 122, and 212</span><span><sup></sup></span><span>. Drawing supplementary comparative insights from United States jurisprudence, the paper assesses the risks of quasi-legislative overreach, judicial tyranny, and escalating case pendency against the necessity of addressing democratic voids</span><span><sup></sup></span><span>. Ultimately, the paper advocates for reconciliation through "principled minimalism," arguing that courts must surgically intervene to protect civil liberties while deferring to the elected branches on broader policy formulation, thereby preserving the Constitution as both a living charter and a stable democratic bedrock.</span>

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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