Judicial Activism is a concept, not a specific provision, that signifies the proactive role of the Indian judiciary in defending citizens' rights and advancing social justice. The term was coined by American historian Arthur Schlesinger Jr. in 1947. In India, the foundation was laid by Justices V.R. Krishna Iyer and P. N. Bhagwati in the late 1970s and 1980s. This assertive role emerged largely due to the failure of the executive and legislature to fulfill their constitutional duties and to address the lack of access to justice for disadvantaged sections of society.
The primary mechanism for judicial activism is Public Interest Litigation (PIL), which relaxes the traditional rule of locus standi (the right to be an aggrieved party). A public-spirited citizen can approach the court for a public cause, often through a simple letter. The constitutional basis for this power is the Judicial Review authority of the Supreme Court under Article 32 and the High Courts under Article 226. Article 32 is a fundamental right itself, guaranteeing the right to move the Supreme Court for the enforcement of Fundamental Rights. The Supreme Court also uses its extraordinary power under Article 142 to pass any order necessary for doing complete justice, sometimes resulting in judicial directions that act as law until Parliament legislates.
This concept connects directly to the Basic Structure doctrine established in Kesavananda Bharati v. State of Kerala (1973), which held that Parliament cannot amend the Constitution's fundamental features. Landmark cases like Hussainara Khatoon v. State of Bihar (1979) established the right to speedy trial under Article 21 through PIL. A related concept is Judicial Overreach, which is the aggravated version of activism where the judiciary is seen as interfering with the proper functioning of the executive or legislature. Recently, the core concept remains, but there has been growing concern from the judiciary itself regarding the misuse of PIL for personal or political gain, which is seen as a challenge to the system.