THE JUDICIARY'S ROLE IN INFLUENCING POLICY THROUGH JUDICIAL ACTIVISM IN INDIA: A CRITICAL ANALYSIS

ABSTRACT: Judicial activism has emerged as a prominent feature of India’s judicialsystem, where the judiciary actively intervenes in the formulation of policies and theprotection of fundamental rights. This paper critically analyzes the pros and consof judicial activism in India, highlighting its impact on policy-making, the balance of power between the judiciary, the legislature, and the executive, and its long-term implications for Indian democracy. While judicial activism has played a crucial role in shaping progressive policies, its overreach has raised concerns aboutthe separation of powers and democratic legitimacy. Progressive policies have beengreatly influenced by judicial activism, but when it has gone too far, it hassparked questions about democratic legitimacy and the division of powers.