Judicial Activism

This Paper is about judicial review and its role ill democracy. The makers of the Indian COnstitution had envisioned a limited scope for judicial review. They did not cherish the idea of an unelected, elitist Court sitting in judgment over the wisdom of the Legislature which represented the people. But the Constitution provided for a bill of rights which was essentially counter-majoritarian. A constitutional Court cannot interpret a Constitution merely with the help of a dictionary. Constitutional interpretation has to sustain the ideals of a democracy in which minority opinion and individual liberty are protected even against the majority. This Paper traces the evolution of the Supreme Court of India from a passive, positivistic Court into an activist Court articulating counter-majoritarian checks on democracy. The Paper also refutes the claim that judicial review is undemocratic. The Court has to continuously sustain the legitimacy of its power through its principled decisions.