Judicial activism in India

Judicial Activism in India is an examination of judicial review and its role in democracy, with special reference to India. It traces the evolution of the Supreme Court of India from a passive, positivist court into an activist one, articulating counter-majoritarian checks on democracy.
Tracing the role of the Supreme Court from the making of the Constitution, Professor S. P. Sathe analyses the functioning of the Court and crucial changes in its mandate. In particular, he probes the post-Emergency period, when the Court liberally interpreted the Constitution in expanding the rights of the people and facilitating access for the common man. This was an attempt to regain the social legitimacy the judiciary had lost during the Emergency.
Over the past few decades, the Court has become more accessible, participatory and even legislative. It has also begun to lay down rules of governance. By traditional standards, the Court has clearly gone beyond its constitutional limits. Although there can be serious objections to this expanded role from the standpoint of separation of powers. neither the other organs of government, nor the people have addressed the issue.