Judicial Activism in India: Some remarks from Polish perspective

Judicial activism in India has been a transformative force in the country’s legal and social landscape. From its origins in the post-Emergency era to its current manifestations, it has significantly expanded access to justice, protected fundamental rights, and ad-dressed critical socio-economic issues. The Indian experience of judicial activism demonstrates the potential of an activist judiciary to check executive and legislative excesses, protect marginalized groups and advance constitutional values. However, it also highlights the challenges of balancing judicial activism with the principles of separation of powers and democratic governance.The perceived lack of contribution of Polish judges to the realization of social justice significantly affects public trust in the judiciary. A combination of political, institutional and social factors has undermined confidence in the judicial system. The politicizationof part of the judiciary has led a significant segment of Polish society to believe that this part of the judiciary is no longer an independent arbiter of justice, but rather a tool of the ruling party.