Judicial activism and human rights in India: A critical appraisal

Abstract

The responsibilities that a court carries in a country with a written constitution are very onerous - much more onerous than the responsibilities of a court without a written constitution. Because here, they do not just interpret the laws but also the provisions of the constitution, and, are thus entrusted with giving meaning to the cold letter of the constitution. The courts thus act as the supreme interpreter, protector and guardian of the supremacy of the constitution by keeping all authorities - legislative, executive, administrative, judicial or quasi-judicial - within legal bounds. The judiciary has the responsibility to scrutinise all governmental actions and it goes without saying that in a constitution having provisions guaranteeing fundamental rights of the people, the judiciary has the power as well as the obligation to protect the people's rights from any undue and unjustified encroachment. © 2011 Taylor & Francis.