Judicial Activism and Judicial Restraint

Abstract

Therefore, the notion of judicial activism is now the absolute antithesis of judicial limitation. The two words used to characterise the ideology and motivation behind a certain judicial decision are judicial activism and judicial restraint. Judicial liberalism applies at most to a philosophy of judgement that takes whatever intent of the law and the changing times into account, while jurisprudence depends on a strict reading of the law and indeed the meaning of the legal precedent. The doctrine of judicial activism and its implementation in India by either the Apex Court are discussed in this report. The value that even the doctrine carries together with how this has been used frequently by the judiciary for the betterment of humanity has been addressed. The article concludes by discussing the need for the courts to really be judicially involved, specifically in a nation such as India, and that is a fusion of so many different cultural backgrounds.