Author: Saurabh Mathur, Student at Manipal University, Jaipur
Independent and impartial judiciary is a foundation stone of democratic political order .The judiciary strengthens democracy by protecting the right and liberties of the people and interpreting legal and constitutional provision. In addition to these traditional roles, judiciary in India also protect constitution by its power of judicial review .The judiciary exists and functions in a given social, Political environment and hence affected by same setup .Thus by progressive interpretation of the laws and provisions of the constitution the judiciary also becomes an instrument of social change. The recent orders of apex court on section 377 and Triple Talaq underline the progressive outlook of Indian judiciary.
The judicial activism is the cumulative product of power of judicial review and the new judicial initiative know as PIL. When the court plays a proactive role in exercising its power under judicial review and PIL, it is know as judicial activism.
