Q20.Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Starting with the 'Basic Structure' doctrine (Kesavananda Bharati case), the judiciary proactively safeguarded India's democracy. This doctrine empowered judicial review of constitutional amendments, establishing the judiciary as a guardian and check on parliamentary power, fostering activism.

Positive Contributions

• Protection of Fundamental Rights: Through PILs, the judiciary expanded rights (e.g., life, environment, education), making them accessible to the marginalized.
• Ensuring Accountability: Held executive/legislature accountable, filling policy vacuums in environmental protection and prison reforms.
• Promoting Social Justice: Intervened to protect vulnerable sections, ensure gender equality, and uphold human dignity, strengthening democracy's social fabric.

Concerns and Criticisms

However, judicial activism faces criticism for overreach, blurring separation of powers, and encroaching on legislative/executive domains. This potentially undermines accountability of elected representatives, raising democratic legitimacy concerns.

While essential for a thriving democracy as a last resort and protector of rights, judicial activism requires self-restraint. A balanced approach maintains institutional balance, respecting democratic processes, ensuring its constructive role.