Although upholding the spirit of the Constitution through judicial activism is noble in its intent, in practice it runs the risk of undermining the delicate balance of power that the Constitution sought to achieve. Critically examine.

However prevent judicial overreach undermining it:

Judicial activism is novel instrument because:

1. Upholds rule of law: grant rights

Q: Witalka guidelines

2. Filling policy & statuting gaps

Q: SR formal judgment

3. Limited government → posterior legislative function

encompassing substantive cost

4. Increased access to justice → through PIL

Q: Hussainara khatun case

5. Upholds federalism → co-ordination between centre & state

Q: TV greener case (cont'd)

6. Uphold constitutional mandate

However it threatens delicate balance of power as:

1. Judicial precedence → S: (Bocker ban case

2. Lack of world expertise

Q: Disrelation of SC on Imitating hysteresis (Medical)

3. Grade public trust in government

Q: Delparte P de deeding rights

4. Lack of awareness of grand scale

Q: Ban or liquor hearing

Way forward → Judicial restraint with careful activism

Though allegation of force is the founder of Indian democracy, however judicial activism is a fundamental need to keep the concept of limited government alive.

— DEEKSHA PATKAR · AIR 88